Section NR 747.338 - Review of existing sites(1) GENERAL. The department may review the remedial performance and costs associated with any existing sites. As part of the review, the department may elect to do any or all of the following: (a) Deny any or all funding, after July 1, 1998, if a claimant failed to carry out site recommendations developed by the department in its "PECFA Efficiency Project." Note: "PECFA Efficiency Project" refers to a study conducted by the department.
(b) Deny any or all funding if a claimant fails to provide information required by the department as part of a review of existing sites.(2) EXISTING SITE CAPS OR ESTIMATES. The department may require a redetermination of costs for any existing site to establish a total cost, excluding interest but including all closure costs, to achieve the status of a closed remedial action. After reviewing the total cost, the department may do any or a combination of the following: approve and establish a cap on total costs, excluding interest; deny approval of costs; approve system enhancements; bundle the site with another remediation(s); or direct the site through a public bid process to establish a lower site cost. A claimant may elect either to implement the alternative or to select another alternative. If the claimant elects to implement a higher cost remedial strategy, the claimant shall notify the department in writing of the intent to use a higher cost alternative. The notification shall include the statement that the claimant agrees that the department-approved alternative establishes the maximum reimbursable amount for consulting and commodity services under the fund and that additional costs for the occurrence, excluding interest, will not be submitted to the fund.Wis. Admin. Code Department of Natural Resources NR 747.338
Cr. Register, December, 1998, No. 516, eff. 1-1-99; correction in (1) (a) made under s. 13.92(4) (b) 6, Stats., Register October 2013 No. 694.