Register November 2013 No. 695
Chapter NR 169
DRY CLEANER ENVIRONMENTAL RESPONSE PROGRAM
NR 169.01   Purpose.
NR 169.03   Applicability.
NR 169.05   Definitions.
NR 169.07   Eligible applicants.
NR 169.09   Eligible actions.
NR 169.11   Requirements for reimbursement.
NR 169.13   Awards.
NR 169.15   Site hazard categorization system.
NR 169.17   Allocation of reimbursement assistance.
NR 169.19   Reimbursement applications.
NR 169.21   Reimbursement awards.
NR 169.23   Consulting and contract services.
NR 169.25   Legal ramifications of awards.
NR 169.27   Administration of reimbursement awards.
NR 169.29   Variances.
NR 169.31   Evaluation and termination of the program.
Ch. NR 169 Note Note: Chapter NR 169 as it existed on May 31, 2003 was repealed and a new chapter NR 169 was created Register May 2003 No. 569, effective June 1, 2003; Chapter NR 169 as it existed on July 31, 2005, was repealed and a new chapter NR 169 was created effective August 1, 2005.
NR 169.01 NR 169.01 Purpose. This chapter establishes rules promulgated under s. 292.65, Stats., to implement and administer a program to reimburse eligible applicants for a portion of their costs associated with the investigation and cleanup of soil or groundwater, or both, contaminated by a discharge of a dry cleaning product from a dry cleaning facility.
NR 169.01 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.
NR 169.03 NR 169.03Applicability. This chapter applies to all applicants for and recipients of reimbursements of costs paid to investigate and remediate soil and groundwater contaminated by a discharge of a dry cleaning product. Compliance with s. 292.11, Stats., this chapter and chs. NR 700 to 749 is a prerequisite to eligibility for reimbursement under s. 292.65, Stats.
NR 169.03 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.
NR 169.05 NR 169.05Definitions. In this chapter:
NR 169.05(1) (1) “Consultant" means a person or business under contract to perform a response action regulated or subject to regulation under chs. NR 702 to 736.
NR 169.05(2) (2) “Contract services" means services provided by a contractor as part of a response action. Contract services includes all of the following services:
NR 169.05(2)(a) (a) Excavating.
NR 169.05(2)(b) (b) Trucking.
NR 169.05(2)(c) (c) Landspreading.
NR 169.05(2)(d) (d) Waste disposal services
NR 169.05(2)(e) (e) Drilling, including at–depth soil sampling and well installation.
NR 169.05(2)(f) (f) Backfilling and grading, including provision of backfill material.
NR 169.05(2)(g) (g) Laboratory services.
NR 169.05(2)(h) (h) General contractor services.
NR 169.05(2)(i) (i) Other services provided by contractors.
NR 169.05(2)(j) (j) Surveying.
NR 169.05(2)(k) (k) Sampling.
NR 169.05(2)(L) (L) Monitoring.
NR 169.05(3) (3) “Contractor" means a person who contracts to perform all or part of a response action. Contractor includes a consultant, general contractor or subcontractor who contracts to perform all or part of a response action, but does not include an owner or operator or an employee of an owner or operator.
NR 169.05(4) (4) “Department" means the department of natural resources.
NR 169.05(5) (5) “Dry cleaner environmental response council" means the council created under s. 15.347 (2), Stats.
NR 169.05(6) (6) “Dry cleaning" means to clean with a dry cleaning product.
NR 169.05(7) (7) “Dry cleaning facility" has the meaning specified in s. 292.65 (1) (d), Stats.
NR 169.05 Note Note: Section 292.65 (1) (d), Stats., states that a dry cleaning facility means a facility for dry cleaning apparel or household fabrics for the general public using a dry cleaning product other than a facility that is one of the following:
NR 169.05 Note 1. A coin–operated facility.
NR 169.05 Note 2. A facility that is located on a U.S. military installation.
NR 169.05 Note 3. An industrial laundry.
NR 169.05 Note 4. A commercial laundry.
NR 169.05 Note 5. A linen supply facility.
NR 169.05 Note 6. A facility that is located at a prison or other penal institution.
NR 169.05 Note 7. A facility that is located at a nonprofit hospital or at another nonprofit health care institution.
NR 169.05 Note 8. A facility that is located on property that is owned by the federal government or by this state or that is located on property that was owned by the federal government or by this state when the facility was operating.
NR 169.05 Note 9. A formal wear rental firm.
NR 169.05 Note Note: Section 292.65 (1) (ek), Stats., defines “formal wear" to include tuxedos, suits and dresses, but does not include costumes, table linens and household fabrics.
NR 169.05 Note Note: Section 292.65 (1) (em), Stats., defines a “formal wear rental firm" as a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public.
NR 169.05 Note Note: To qualify as a “dry cleaning facility" under s. 292.65 (1) (d), Stats., a facility must be capable of performing dry cleaning and thus must contain operational dry cleaning equipment. Under s. 292.65 (1) (i), Stats., a “dry cleaning facility" operating on or after October 14, 1997 must have been licensed under s. 77.9961, Stats., for its owners or operators to be eligible for reimbursement under s. 292.65, Stats.
NR 169.05(8) (8) “Dry cleaning product" has the meaning specified in s. 292.65 (1) (e), Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.