Section 324.21517 - Consultant retained by owner or operator.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21517 Consultant retained by owner or operator.
Sec. 21517.
(1) In order to receive money from the fund, an owner or operator shall retain a consultant to perform the responsibilities required under part 213, and the consultant shall comply with all of the following requirements:
(a) The consultant shall submit the following items for competitive bidding in accordance with procedures established by the department:
(i) Well drilling, including monitoring wells.
(ii) Laboratory analysis.
(iii) Construction of treatment systems.
(iv) Removal of contaminated soil.
(v) Operation of treatment systems.
(b) All bids received by the consultant shall be submitted on a standardized bid form prepared by the department.
(c) A consultant may perform work activities only if the consultant bids for the work activity and the consultant's bid is the lowest responsive bid. A consultant who intends to submit a bid must submit the bid to the administrator prior to receiving bids from contractors.
(d) Upon receipt of bids, the consultant shall submit to the administrator a copy of all bid forms received and the bid accepted. If the lowest responsive bid was not accepted, the consultant shall provide a specific reason why the lowest responsive bid was not accepted.
(2) Bids are not required for initial response actions under section 21307.
(3) An owner or operator may request that the consultant retained by the owner or operator add qualified bidders to the list for requests for bids.
(4) After the consultant employs the competitive bidding process described in this section, the owner or operator may hire contractors directly.
(5) Upon hiring a contractor, a consultant may mark up the contractor's work invoice only if the consultant pays the contractor and does the billing.
(6) Removal of underground storage tank systems is not eligible for funding under this part. If a release is discovered during the removal, the consultant shall allow the contractor removing the underground storage tank system to complete the underground storage tank system removal.
(7) An owner or operator may receive funding under this part to implement a corrective action alternative that is not the preferred corrective action alternative only if the owner or operator pays the difference between the selected corrective action alternative and the preferred corrective action alternative.
History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: NREPA