NR 738.05(4)
(4) A statement requesting that the department provide a temporary emergency water supply under this chapter.
NR 738.05 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95.
NR 738.06
NR 738.06
Eligible and ineligible services. NR 738.06(1)
(1)
Eligible services. The department may use environmental fund moneys to pay for any of the following eligible services:
NR 738.06(1)(a)
(a) Obtaining a temporary emergency water supply for a maximum period of 6 months after the date of issuance of an advisory or until such time as the contaminated water supply has been permanently replaced by an uncontaminated supply or is determined by the department to have returned to an uncontaminated condition, whichever occurs first. The department may grant a variance to authorize the extension of the temporary emergency water supply pursuant to
s. NR 738.09.
NR 738.06(1)(b)
(b) Equipment used for treating the contaminated private water supply on a temporary emergency basis only if a skin contact or inhalation advisory has been issued by the department of health and social services.
NR 738.06(1)(c)
(c) Bulk water supplied only if a skin contact or inhalation advisory has been issued by the department of health and social services.
NR 738.06(2)
(2) Ineligible services. The department may not use environmental fund moneys to pay for any of the following ineligible services:
NR 738.06(2)(a)
(a) Any costs incurred prior to the date of issuance of a written health advisory by the state.
NR 738.06(2)(d)
(d) Any costs incurred for the permanent replacement or treatment of the contaminated water supply except as approved by the department pursuant to
s. NR 738.09.
NR 738.06(2)(e)
(e) Mileage, phone, postage and other miscellaneous costs incurred by the affected party.
NR 738.06(2)(f)
(f) Any costs associated with the ownership and physical maintenance of any physical equipment constructed or provided as part of the temporary emergency water supply.
NR 738.06(2)(g)
(g) Any other costs incurred which are not approved by the department.
NR 738.06 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95.
NR 738.07
NR 738.07
Department approval and payment. NR 738.07(1)(1)
General. The department shall approve requests for a temporary emergency water supply when the department determines that the affected party is eligible to receive a temporary emergency water supply, in accordance with the criteria in
ss. NR 738.04 and
738.05. The department shall select the most appropriate temporary emergency water supply.
NR 738.07(2)
(2) Ownership. Provision of a temporary emergency water supply shall be contingent upon the affected party entering into a written agreement with the department that the affected party shall own and be responsible for the proper maintenance of any physical equipment constructed or provided as part of the temporary emergency water supply.
NR 738.07(3)
(3) Approval. Based on the criteria in
subs. (1) and
(2), if the department approves the use of environmental fund moneys, the department shall:
NR 738.07(3)(a)
(a) Provide the affected party with a written approval for the provision of a temporary emergency water supply within 14 days of receiving the written request.
NR 738.07(3)(b)
(b) Make the necessary arrangements for provision of temporary emergency water supplies to the affected party.
NR 738.07(4)
(4) Payment. The department shall pay 100% of the eligible costs for providing a temporary emergency water supply using moneys from the environmental fund as long as moneys are available in the fund.
NR 738.07 Note
Note: The department does not have statutory authority to use environmental fund moneys to provide temporary or permanent water supplies if the substances of public health concern are from naturally occurring sources of contamination. If the department discovers that the source of the substances is from natural processes after department funding is approved, the department will terminate funding of the temporary emergency water supply. The variance provision in s.
NR 738.09 does not allow the department to continue to use environmental fund moneys where the source of a substance of public health concern is not from a hazardous substance discharge or environmental pollution from a site or facility.
NR 738.07 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95.
NR 738.08
NR 738.08
Denial of requests or termination of funding. The department shall deny a request or terminate the use of environmental fund moneys if one or more of the following applies to the affected party, contaminated well or contaminated water supply:
NR 738.08(1)
(1) The request is not within the scope of this chapter as determined by the department.
NR 738.08(2)
(2) The affected party submits a fraudulent request.
NR 738.08(3)
(3) The request is for reimbursement of costs incurred before the date of issuance of an advisory.
NR 738.08(4)
(4) One or more of the contaminants was introduced into the well by the plumbing connected to the well.
NR 738.08(5)
(5) One or more of the substances upon which the request is based was introduced into the well or water supply intentionally by an affected party or a person who would be directly benefited by the provision of the temporary emergency water supply or a person who aids and abets the introduction of the substance, or a person who is a party to a conspiracy with another to commit, advise, hire, counsel or procure another to introduce the substances into the well or water supply.
NR 738.08(6)
(6) All of the substances upon which the request is based are naturally occurring substances and are not a result of environmental pollution or a hazardous substance discharge subject to s.
292.11 or
292.31, Stats., as determined by the department.
NR 738.08(7)
(7) The water supply is contaminated by bacteria or nitrates or both and is not contaminated by any other substance.
NR 738.08(8)
(8) The request is submitted by an affected party who has been determined by the department to be a responsible party pursuant to s.
292.31 (8) or
292.11 (3), Stats.
NR 738.08 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95; corrections in (6) and (8) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621.
NR 738.09(1)(1)
General. The department may approve variances from provisions of this chapter when it is determined that variances do not conflict with statutory requirements, are essential to effect necessary actions or department objectives, and where special circumstances make variances in the best interests of the state.
NR 738.09(2)(a)(a) The department may grant a variance from
s. NR 738.06 to allow payment of costs under this chapter toward a permanent replacement water supply if the following conditions are met:
NR 738.09(2)(a)2.
2. The well owner requests a variance based upon the financial hardship criteria in
par. (c) and submits evidence, including family income, to justify the financial hardship claim.
NR 738.09(2)(a)4.
4. The department determines that the cost of the permanent replacement water supply would create an unreasonable financial hardship for the well owner.
NR 738.09(2)(c)
(c) If the department grants a financial hardship variance to allow payment of costs toward a permanent replacement water supply, payment shall be based on the following:
NR 738.09(2)(c)1.
1. If the annual family income of the well owner is 50% or less of the county median income for the county in which the residence is located, as determined in accordance with
s. NR 123.20, the department may pay 100% of the remaining eligible costs which are not covered by an award under
s. NR 123.24, less a deductible amount of $250.
NR 738.09(2)(c)2.
2. If the annual family income of the well owner is more than 50% but not more than 75% of the county median income for the county in which the residence is located, as determined in accordance with
s. NR 123.20, the department may pay 50% of the remaining eligible costs which are not covered by an award under
s. NR 123.24, less a deductible amount of $250.
NR 738.09(2)(c)3.
3. Notwithstanding
sub. (2), if an award or a proceed notice has been issued under
s. NR 123.23, and if the well owner's share of eligible costs for the permanent replacement water supply exceeds 25% of the annual family income of the well owner, the department may pay the remaining eligible costs which are not covered by an award under
s. NR 123.24, less a deductible amount of 5% of the annual family income. The department may pay the greater of the costs under
sub.(1) or
(2) or this paragraph.
NR 738.09 History
History: Cr.
Register, October, 1995, No. 478, eff. 11-1-95.
