Wis. Admin. Code NR 169.13

Awards

Year: 2026Length: 849 wordsOfficial source

Cite as Wis. Admin. Code NR § 169.13

Awards. (1) Maximum award amount. Awards may not exceed the maximums imposed by s. 292.65 (8) (f) , Stats. (2) Eligible costs. (a) General. Eligible costs are those allowed under s. 292.65 (7) , Stats. (b) Site investigation scoping. Costs for site investigation scoping are eligible costs if they are limited to the scoping of discharges of dry cleaning products from former or current dry cleaning facilities, they result in the documentation of a discharge and subsequent notification of that discharge, per s. 292.11 , Stats., and the department deems them reasonable. The results, including data, from that scoping shall be made available to all consultants from whom workplans are requested as part of the bidding process. (c) Site investigation workplan. Costs for preparation of a site investigation workplan by the consultant who is awarded the contract are eligible costs, if the department determines that they are reasonable. (d) Bid proposal costs. Costs paid to the consultant who is awarded the contract for preparation of a remedial action bid proposal, including costs to analyze the economic and technical feasibility of a selected remedy are eligible costs if the department determines that they are reasonable. (e) Costs limitation. Reimbursement of eligible costs for remedial actions will be limited to the costs identified for the lowest cost alternative approved by the department. (f) Other reasonable and necessary costs. Reasonable and necessary costs under s. 292.65 (7) (a) 14. , Stats., include: 1. Actual costs for equipment, supplies or services that are used exclusively for the response action. The department may reimburse an owner or operator who buys equipment used exclusively for the response action the net cost (purchase cost less salvage value) of the equipment as determined by the department, but not to exceed the reasonable cost of renting the equipment. 2. Normal employee wages, salaries, expenses or fringe benefits allocated to hours that the employees of the owner or operator worked on a response action. 3. Costs that do not exceed $15,000 that the department determines are integral to the response action for dry cleaning solvent discharged from a dry cleaning facility and are incurred for any of the following purposes: a. To remove existing structures, fixtures, and building components in order to access and investigate, treat, or remove contaminated soil or water. b. To reinstall existing structures, fixtures, and building components. c. To replace existing building components destroyed or damaged beyond reuse by removal. Existing building components shall be salvaged and reused to the extent practicable, but existing building components destroyed or damaged beyond reuse by removal may be replaced by building components of comparable or lesser value than the value of the destroyed or damaged components before removal. (3) Ineligible costs. (a) General costs. Notwithstanding sub. (1) , costs which the department has determined ineligible for reimbursement under s. 292.65 (7) (c) , Stats., include, but are not limited to, the following: 1. Costs incurred before October 14, 1997. 2. Costs of retrofitting or replacing dry cleaning equipment. 3. Indirect costs charged by a contractor, unless those costs are allocated to the contract according to a reasonable cost allocation formula that the contractor uses for similar contracts. 4. An owner or operator’s indirect costs, including indirect costs for equipment, supplies or services. 5. Costs for the time that the owner or operator, or any officer of the owner or operator, spends planning or implementing a response action. 6. Costs to construct, repair, replace, improve, relocate, or demolish any building or fixture except as allowed by sub. (2) (f) 3. 7. Loss or impairment of property values or other assets. 8. Loss or impairment of revenue or income. 9. Attorney fees or other legal costs. 10. Costs of relocating residents or business operations. 11. Costs of aesthetic or other improvements that are not essential to a response action, except for restorative grading and filling costs authorized under sub. (2) (a) , and under s. 292.65 (7) (a) 14. , Stats. 12. Costs reimbursed from another source. If, after being reimbursed by the department for any cost, a owner or operator is reimbursed for the same cost from another source, the owner or operator shall promptly notify the department and repay any duplicate reimbursement, unless otherwise directed in s. 292.65 , Stats. 13. Other costs that the department determined to be associated with, but not integral to, the investigation and remediation of a dry cleaning solvent discharge from a dry cleaning facility. 14. Costs that the department determines to be unreasonable or unnecessary to carry out the response activities specified in the bid proposal. 15. Costs for investigation or remedial action conducted at sites located outside this state. 16. Financing costs, including interest and loan origination fees. 17. Liability claims or judgments. 18. Costs incurred by any federal, state or local government entity for services they routinely provide. 19. Investigation or remedial action costs incurred by any federal, state or local government entity unless that entity is an eligible applicant or agent. 20. Costs incurred by a federal, state or local government entity for overseeing investigation or remedial action costs.
Wis. Admin. Code NR 169.13: Awards | Justis AI