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PECFA Consulting Firm - Agent Information
PECFA consultant-agent status is an
alternative approach to
funding
cleanup activities at PECFA eligible sites. It is designed to
be
an additional tool to help sites that have become stalled move forward.
A list of environmental consulting firms willing to act as
agents
for PECFA cleanup sites will be published on the PECFA web page to be
used by those in the process of obtaining a PECFA agent.
What is an agent?
- A PECFA “agent” is a person or
organization
designated by an
owner, operator or person owning a home oil tank system, to
act on their behalf when conducting the remedial activities.
What are the responsibilities of an agent?
- The agent is responsible for managing and
carrying the
costs for an environmental cleanup on behalf of the responsible party
and submitting a PECFA reimbursement claim.
Who is the claimant for PECFA reimbursement?
- The claimant under the PECFA program is always the owner or
operator of
the property.
What are the responsibilities of the claimant?
- PECFA site eligibility must be determined prior
to agent approval.
For information regarding deferment or reduction of the
deductible
please contact: Tanya Herranz at 608-266-6796. For an application
please visit:
How is the reimbursement disbursed under
the PECFA program?
- The reimbursement check will be issued in both
the claimants and the agents name and will be mailed to the agent.
- Consulting firms are not eligible for
interest reimbursement.
- Use of ‘promissory
note’ agreements will be allowed for reimbursement
of
sub-contractor payments.
- PECFA will allow a claim to be
submitted four times per year.
What is required of the consulting firm acting as
agent?
- Must only perform PECFA eligible work
on the site.
- Must be willing to carry all site
cleanup costs and pay any
commodity service providers, (either directly or through the use of a
promissory note), until the approved scope of work is completed.
Outcomes of becoming an approved agent
- Consulting firm (agent) will not be paid when the
work is completed but rather when a claim is filed.
- Reimbursement checks are sent directly
to the agent; however, by law it must also be payable to the claimant.
- Commodity costs must be incurred in
order for them to be reimbursed in
a claim. Currently there are two options to finance
this:
- The agent pays the commodity providers directly.
- The agent signs a promissory note with the commodity
provider
which is satisfied when the consulting firm receives the reimbursement
check.
- Commerce will make efforts to approve cleanup activities
using public
bid deferments. However, in situations
where an extensive remedial effort is necessary, such as an
engineered system, the public bidding process may be
used.
- Agent approvals may be withdrawn, in
writing, by Commerce
at any time. Situations that may cause this include, work not
being completed in a timely manner, failure to meet DNR
requirements, or failure to pay sub-contractors
within a contracted timeline after receiving reimbursement for their
work.
Claim Filing
- Claim packets will be mailed directly to the
agent.
- Agents may sign the claim forms on
behalf of the claimant.
- Once an original W-9 form with an
owners’ signature is submitted,
it may be copied and submitted in future claims, if the agent has
verified with the claimant the information is still
current.
- Proper supporting documentation for
all invoices
must be
submitted in a claim. This includes sub contractor
invoices,
technical reports, required backup documentation and standardized
invoices for Usual &
Customary (U&C) costs.
- There will be no pre-approval of
invoices on agent sites.
- Agents may file claims no more
frequently than every 90
days. However, an exception may be granted with prior
approval*
when high cost commodities are incurred.
*If you
need approval to submit a claim please contact:
Dennis
Legler
608-267-7642
Mary Ann
Gosda
608-266-9420 Or
Renee
Dickey
608-264-8765
- Costs for claim submittal will
not be included costs
caps. This task will be monitored by the claim review staff
and
applies to agent approved sites only.
FAQ’s
Q. Do claims for agent approved sites get priority
review?
A. No. Currently claims are audited and paid within
60 days of receipt.
Q. My sub-contractor wants to be paid immediately for their
work
and I have already submitted a claim in the past 90 days. How
can
I get my sub-contractor paid quickly?
A. Contact the Department for approval to submit a claim for
those commodity costs.
Q. Can Commerce issue a reimbursement check made out only in
the name of the agent?
A. No. The law provides reimbursement to the
claimant per
101.143(4) Wis. Stats. The code allows for joint claim
submittal
and reimbursement payable to both parties when there is an agent, per
Comm 47.10(1)(b).
Q. Do I still need to provide proof of payment for all
activities with a claim?
A. For consultant costs--no, the agent agreement allows you
to
carry the cost on your books until the approved scope of work has been
completed. For sub-contractor costs--yes, this would either
be in
the form a cancelled check payable to the sub-contractor, or a
promissory note that
both the agent and sub-contractor sign.
Q. Is there a time limit in which a scope of work must be
completed?
A. If Commerce determines that work is not progressing, we
have
the authority to terminate the contract and agent from further
work on a site.
Q. If a site receives conditional closure with land use
limitations, (such as direct contact issues, or barrier cap
maintenance), is the agent responsible for this in the future?
A. No, it is the responsibility of the site owner.
Q. Does agent registration fulfill my requirement to register
as a PECFA consulting firm per Comm 5?
A. No. You still must register and pay a fee, per
Comm 5, to
be considered a registered PECFA consulting firm. The consultant-agent
registration will establish a list of PECFA registered
consulting firms who have expressed interest in working as an agent on
PECFA
sites. The list will be a tool to assist PECFA customers in
moving their sites toward closure.
Q. I would like to be included on
Commerce’s agent
list, how do I do this?
A. You can subscribe to the list at: http://doa.wi.gov/WebSurveys/TakeSurvey.aspx?SurveyID=7452nl6
Consultants that have subscribed to
this list and wish to be removed please contact Renee Dickey at
608-264-8765 or renee.dickey@wisconsin.gov
Questions??
If you have additional questions regarding the consultant-agent
process, please contact:
Dennis Legler 608-267-7642
Mary Ann Gosda
608-266-9420 Or
Renee’
Dickey
608-264-8765
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