Section NR 747.42 - Field and financial audits(1) GENERAL. The department shall routinely investigate remediation sites to establish that the remediation is appropriate and that costs incurred reflect the remediation services and activities.(2) APPLICABILITY. The department may conduct field and financial audits as deemed necessary in order to further the goals of the PECFA program. Activities which may warrant the conduct of a field or financial audit may include, but not be limited to, the following:(c) Cases where retrofits are being undertaken;(d) New construction activities;(e) Receipt of additional information which may result in modifying the initial determination of eligibility;(f) More than one occurrence on a specific site; and(g) Sites having commingled plumes. Note: Defrauding the PECFA program may result in revocation or suspension of credentials issued under ch. SPS 305, and criminal prosecutions under chs. 939 and 943, Stats.
(3) MAINTENANCE OF AND ACCESS TO RECORDS. (a)General. All consultants and consulting firms registered to participate, all organizations and individuals, including but not limited to service providers and others who perform remedial action services, all owners, operators, and persons owning home oil tank systems who file or attempt to file a claim under the PECFA program shall maintain records relevant to a claim for 6 years after claim submittal and make available upon request of the department, all financial and work records deemed by the department as necessary to support or investigate a claim or attempted claim.(b)Penalties. Penalties for violations of this section shall be established in accordance with s. 292.63(10), Stats. Note: Section 292.63(10), Stats., reads as follows: "PENALTIES. (a) Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under sub. (9) (a) may be required to forfeit not more than $2000. Each day of continued violation constitutes a separate offense.
(b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section is guilty of a Class G felony."(c)Notification of work performed. The department may, at its request, require consultants and consulting firms registered to participation and all organizations and individuals who perform remedial action services and all owners, operators and persons owning home oil tank systems to notify the department no less than 10 calendar days in advance of any work being performed at a site or sites.(d)Parallel sampling requirement. At the request of the department, consultants or firms registered to participate or organizations or individuals who perform remedial action services shall, as directed by the department, take soil or groundwater samples and submit these samples to a laboratory specified by the department. The cost of preparing and submitting these samples shall be an eligible cost to the PECFA program independent of any cost cap or cost estimate. The laboratory reports, for requested samples, shall be sent to the department directly from the specified laboratory. The cost of the laboratory analysis shall be paid by the owner and submitted as part of the PECFA claim.Wis. Admin. Code Department of Natural Resources § NR 747.42
Cr. Register, February, 1994, No. 458, eff. 3-1-94; CR 04-058: am. (2) (g) and (3) (a), r. (3) (b), renum. (3) (c) to (e) to be (3) (b) to (d) and am. (3) (b) Register February 2006 No. 602, eff. 5-1-06; correction in (3) (b) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.