NR 169.19(2)(a)4.a.
a. Names, addresses and phone numbers of all co–owners and all co–operators.
NR 169.19(2)(a)4.b.
b. A certification that the owner or operator has made a reasonable effort to notify other owners or operators.
NR 169.19(2)(a)5.
5. Dry cleaner facility information including information on whether the facility is still operating or operable, pollution prevention measures implemented and information on the construction of the facility.
NR 169.19(2)(a)7.
7. Consultant information, including the contact name and business name.
NR 169.19(2)(a)8.
8. Insurance information, including a statement indicating whether any portion of the response action costs for which the owner or operator seeks reimbursement may be covered by insurance, or a statement from the owner's or operator's insurance company stating that the insurance company has denied the owner's or operator's claim for reimbursement of the response action costs
NR 169.19(2)(b)
(b) A reimbursement cost summary form containing all the following:
NR 169.19 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.19(2)(b)1.
1. The total eligible response action costs for which the owner or operator seeks reimbursement from the department and a breakdown of those costs into the categories listed in
par. (e).
NR 169.19(2)(c)
(c) A map showing the town, range, section and quarter–quarter section location of the facility.
NR 169.19(2)(d)
(d) An accurate legal description of the land parcel where the facility is located which corresponds to the most recent accurate parcel description filed with the register of deeds in the county where the land parcel is located.
NR 169.19(2)(e)
(e) A cost detail worksheet form which lists and identifies each eligible response action cost for which the applicant seeks reimbursement from the department, indicates whether the response action cost was for an immediate action, interim remedial action, site investigation or remedial action, and allocates cost to one of the following categories:
NR 169.19 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.19 Note
Note: Section
292.65 (8) (j), Stats., provides that if any person applies for reimbursement of an ineligible cost, the department may deduct 50% of the amount of that cost from that person's eligible reimbursement claim. An owner or operator who is not certain whether a cost is eligible for reimbursement under this chapter may contact the department for a preliminary opinion under s.
NR 169.19 (1).
NR 169.19(2)(f)
(f) Invoices or other information documenting and cross referencing each of the costs listed under
par. (e) and identifying the nature of the materials or services provided, the amount charged for the materials or services, the identity of the provider, and the dates on which the materials or services were provided
NR 169.19(2)(g)
(g) Canceled checks or other information documenting that the applicant has paid all of the costs under
par. (e), and cross referenced to the statement provided under
par. (e).
NR 169.19(2)(h)
(h) For each cost listed under
par. (e), a copy of the accepted bid proposal as well as a cumulative listing of all change orders to the original bid proposal approved to date.
NR 169.19(2)(i)
(i) A spreadsheet that identifies and cross references each cost in
par. (e) with the documentation under
pars. (f) and
(g) supporting that cost.
NR 169.19(2)(j)
(j) A substitute W–9 tax form completed by the owner or operator applying for reimbursement.
NR 169.19 Note
Note: Reimbursement paid to an owner or operator under this chapter may be reported as taxable income received by that person.
NR 169.19 Note
Note: Contact the Department of Natural Resources, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707, for free application materials, including illustrative examples and the forms required under this section.
NR 169.19(2)(L)
(L) A statement indicating whether the owner or operator has had past discharges at the facility for which a closure has been granted by the department.
NR 169.19(2)(m)
(m) A record of investigation results and data interpretation.
NR 169.19(2)(n)
(n) Contracts for eligible costs incurred because of the discharge and records of the contract negotiations.
NR 169.19(3)(a)(a) Each reimbursement application shall include all eligible response action costs paid after the date an applicant's last application was submitted and before or on the date the current application is submitted.
NR 169.19(3)(b)
(b) An owner or operator may not apply for reimbursement of eligible response action costs paid before the date of a prior reimbursement application to the department, unless those costs were not eligible for reimbursement under this chapter at the time of the prior application.
NR 169.19(4)(a)(a) An owner or operator shall submit applications for immediate and interim actions as specified in
s. NR 169.11.
NR 169.19(4)(b)
(b) An owner or operator may submit an application for reimbursement of site investigation costs when a complete
ch. NR 716 site investigation report is submitted to and approved by the department.
NR 169.19(4)(c)
(c) An owner or operator who incurs costs for a
ch. NR 716 site investigation may submit a request for reimbursement prior to completing the site investigation report. The minimum reimbursement request shall be $15,000 and only one reimbursement request may be submitted within any fiscal year. No more than 3 reimbursement requests, each accompanied by a summary of work completed through the date of the last invoice may be submitted prior to submittal of the site investigation report. A final reimbursement request may be submitted upon department approval of the site investigation report.
NR 169.19(4)(d)
(d) Not including the final application submitted after closure has been granted, an owner or operator may not submit more than 2 applications for remedial action reimbursement for each facility in a fiscal year.
NR 169.19 Note
Note: An owner or operator may submit applications for immediate actions, interim actions or site investigation reimbursement all within the same fiscal year. The number of applications submitted for remedial actions each year is limited to prevent too frequent submittals of costs such as operation and maintenance.
NR 169.19(5)(a)(a) No person may make, or conspire with another person to make, any false, deceptive or misleading representation in connection with any reimbursement application under this chapter.
NR 169.19(5)(b)
(b) Any person who makes or conspires with another person to make any false, deceptive or misleading representation in connection with a reimbursement application under this chapter is ineligible for any reimbursement for that response action or any other response action taken or ordered at any dry cleaning facility within 5 years after the date of that application.
NR 169.19 Note
Note: Persons filing fraudulent claims may also be subject to criminal prosecution.
NR 169.19(5)(c)
(c) Any person who has reason to believe that that person has received any reimbursement for which that person is ineligible under this section shall immediately notify the department and shall refund with the notification the full amount of any reimbursement for which that person is ineligible.
NR 169.19 Note
Note: Section
292.65 (9) (b), Stats., provides that the department shall ask the attorney general to take action to recover awards which were issued for applications which were fraudulent or to owners or operators who received awards but did not meet the requirements of s.
292.65, Stats.
NR 169.19 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05;
CR 12-023: am. (4) (c)
Register October 2013 No. 694, eff. 11-1-13;
reprinted to restore omitted copy in (4) (c), Register November 2013 No. 695. NR 169.21(1)(a)(a)
Preliminary opinion. The department may issue a preliminary opinion which is not binding on the department on whether an applicant is eligible for reimbursement of response action costs.
NR 169.21(1)(b)
(b)
Notice acknowledging application. Within 30 days after the department receives an application under
s. NR 169.19, the department shall issue a written notice to the applicant acknowledging receipt of the application.
NR 169.21(1)(c)
(c)
Request for additional information. Following receipt of an application under
s. NR 169.19, the department may require an applicant to submit any additional information that may be relevant to the department's review of the application.
NR 169.21(1)(d)
(d)
Decision. Within 90 days after the department receives a complete application under
s. NR 169.19, including any additional information required by the department under
par. (c), the department shall issue a written decision approving or disapproving the application. The department may approve part of an application, or approve an application subject to conditions specified by the department. In its decision the department shall specify all the following:
NR 169.21(1)(d)1.
1. The amount of eligible costs, if any, for which reimbursement may be paid.
NR 169.21(1)(d)2.
2. The total amount, if any, approved for payment under
s. NR 169.13. The decision shall specify that payment is subject to the terms and conditions specified in this chapter.
NR 169.21(1)(d)3.
3. Any amounts and items not approved and the reasons for that disapproval. The department shall also explain any amounts deducted from the reimbursement application under
sub. (3).
NR 169.21 Note
Note: Section
292.65 (8) (d), Stats., provides that the department shall deny an application if any of the following applies:
NR 169.21 Note
1. The application is not within the scope of the statute.
NR 169.21 Note
2. The applicant submits a fraudulent application.
NR 169.21 Note
3. The applicant has been grossly negligent in the maintenance of the dry cleaning facility.
NR 169.21 Note
4. The applicant intentionally damaged the dry cleaning equipment.
NR 169.21 Note
5. The applicant falsified records.
NR 169.21 Note
6. The applicant willfully failed to comply with laws or rules of this state concerning the use or disposal of dry cleaning solvents.
NR 169.21 Note7. All of the fees, interest and penalties due under ss.
77.9961,
77.9962 and
77.9964, Stats., have not been paid unless an agreement has been entered into with the department of revenue establishing a payment schedule for all of the fees, interest and penalties due.
NR 169.21 Note
8. The dry cleaning product discharge was caused on or after October 14, 1997, by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct–coupled delivery system.
NR 169.21 Note
Note: Section
292.65 (8) (j), Stats., and s.
NR 169.25 (3) establish award reductions if ineligible costs are included in the application prepared either by the owner, operator or consultant.
NR 169.21(3)(a)(a) The department may only make an award for eligible costs incurred at each dry cleaning facility that exceed the deductibles or other costs as specified in s.
292.65 (8) (e), Stats.
NR 169.21 Note
Note: Section
292.65 (8) (e), Stats., provides that eligible costs incurred at each dry cleaning facility may be paid if they exceed the following:
NR 169.21 Note
a. If eligible costs are $200,000 or less, $10,000.
NR 169.21 Note
b. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of the amount by which eligible costs exceed $200,000.
NR 169.21 Note
c. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000.
NR 169.21 Note
Note: Costs and deductibles are calculated on a cumulative per site basis.
NR 169.21 Note
Note: Section
292.65 (8) (g), Stats., provides that the department may waive the requirement that an owner or operator pay the deductible amount if the department determines that the owner or operator is unable to pay. If the department waives the deductible requirement, the department shall record a statement of lien with the register of deeds of the county in which the dry cleaning facility is located. If the department records the statement of lien, the department has a lien on the property on which the dry cleaning facility is located in the amount of the deductible that was waived. The property remains subject to the lien until that amount is paid in full at which point the department will record a satisfaction of lien.
NR 169.21(4)
(4) Maximum awards. Pursuant to s.
292.65 (8) (f), Stats., $500,000 is the maximum amount that may be paid for costs at a single dry cleaning facility for immediate actions, both emergency and non–emergency, and site investigations and remedial actions.
NR 169.21 Note
Note: The maximum award amount applies to each facility rather than to each owner or operator. Costs and deductible maximums also apply per facility. If a facility is sold and the new owner or operator spends money to continue cleanup from an older release or to cleanup from a new release, the owner or operator may be eligible for reimbursement under this chapter to the extent that the maximum award amount payable under sub. (4) has not been exceeded. Awards to a subsequent owner or operator will be reduced by the amount of the deductibles under sub. (3) that have not been exceeded.
NR 169.21(5)
(5) Multiple claimants. If more than one owner or operator is eligible for reimbursement under this chapter for response action taken for one or more discharges at the facility, the combined amount paid to those owners or operators may not exceed the maximum amount specified for a facility under
sub. (4).
NR 169.21 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05.
NR 169.23
NR 169.23 Consulting and contract services. NR 169.23(1)(1)
Applicability. This section does not apply to hiring a consultant or contractor to design or implement immediate action activities or to conduct site investigation scoping activities. This section does not apply to interim actions unless the department requires bidding for an interim action based on the scope of the action or costs projected by the consultant proposing to conduct the interim action activity.
NR 169.23(2)(a)(a)
Interim actions. If required by the department, an owner or operator shall solicit a minimum of 3 and a maximum of 6 bid proposals from at least 3 consultants based on information contained in or equivalent to a site investigation scoping report or the initial phases of the site investigation.
NR 169.23 Note
Note: This requirement does not imply that all sites will need to implement interim action activities. This provision is only for those sites where interim actions, as defined in ch.
NR 708, are appropriate.
