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Register February 2012 No. 674
Chapter WEM 6
RESPONSE AND REIMBURSEMENT PROCEDURES FOR REGIONAL
AND LOCAL EMERGENCY RESPONSE TEAMS
WEM 6.01 Purpose.
WEM 6.02 Definitions.
WEM 6.025 Response procedures.
WEM 6.03 Filing procedures.
WEM 6.04 Eligible costs.
WEM 6.05 Supporting documentation.
WEM 6.06 Verification.
WEM 6.07 Reimbursement procedure.
WEM 6.08 Expedited reimbursement procedure.
WEM 6.09 Record retention.
WEM 6.10 Payment.
WEM 6.11 Collection.
WEM 6.12 Dual payment.
WEM 6.13 Appeal process.
Ch. WEM 6 Note Note: Chapter ERB 6 was renumbered to be Chapter WEM 6 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, April, 1999, No. 520.
WEM 6.01 WEM 6.01 Purpose. The purpose of this chapter is to establish standards as required in ss. 323.70 (3), (7) (a) and 323.71 (3), Stats.
WEM 6.01 History History: Cr. Register, May, 1997, No. 497, eff. 6-1-97; corrections made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
WEM 6.02 WEM 6.02 Definitions. In this chapter:
WEM 6.02(1) (1) "Authorized level A response team" means a regional emergency response team, a member of such team and a local agency that contracts with the division for the provision of regional response team services pursuant to a designation under s. 323.70 (2), Stats.
WEM 6.02(2) (2) "Authorized level B response team," means a local emergency response team, a member of such a team, and the city, county, village or town that contract to provide the emergency response team to the county pursuant to a designation under s. 323.61 (2m) (e), Stats.
WEM 6.02(3) (3) "Division" means the division of emergency management.
WEM 6.02(4) (4) "Good faith effort" means that the authorized level A or B response team has diligently pursued collection and reimbursement of emergency response costs from a responsible party pursuant to the requirements of this chapter.
WEM 6.02(5) (5) "Hazardous material" has the meaning given in 49 USC 5102(2).
WEM 6.02(6) (6) "Hazardous substance" has the meaning given in s. 299.01 (6), Stats.
WEM 6.02(7) (7) "Insolvent" has the meaning as given in 11 USC 101(32), ss. 128.001 (1), 128.25 (1) (d), 242.02, 401.201 (2) (Lm), 600.03 (24) and 645.42 (4), Stats.
WEM 6.02(8) (8) "Level A release" has the meaning given in s. 323.02 (11), Stats.
WEM 6.02(9) (9) "Level B release" has the meaning given in s. 323.02 (12), Stats.
WEM 6.02(10) (10) "Local agency" has the meaning given in s. 323.70 (1) (c), Stats.
WEM 6.02(11) (11) "Qualified authority" includes, but is not limited to, any federal, state, or local government agency, court of competent jurisdiction, financial institution, insurer, or any person whom the response team and the division reasonably believes has the expertise, knowledge, skills and training necessary to make a determination or analysis of the insolvency of the responsible party.
WEM 6.02(12) (12) "Responsible party" means any person, as defined in s. 299.01 (10), Stats., or 42 USC 9607(a), who is responsible for the emergency involving a release or potential release of a hazardous substance under s. 323.70 (4) or 323.71 (4), Stats., or a person who is found to have abandoned containers, as defined under s. 292.41 (1), Stats., that are releasing or discharging a hazardous substance to which a response team was called to respond.
WEM 6.02(13) (13) "Reviewing entity" for an authorized level A response team has the meaning given in s. 323.71 (5) (a), Stats., or an employee or body of a local agency as designated by the response team.
WEM 6.02(14) (14) "Reviewing entity" for an authorized level B response team has the meaning given in s. 323.71 (5) (a), Stats.
WEM 6.02(15) (15) "Standard and customary collection procedures" means the specific collection procedures and practices established and used by a local agency for the collection of accounts due and owing.
WEM 6.02 History History: Cr. Register, May, 1997, No. 497, eff. 6-1-97; corrections in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; CR 02-106: am. (1), (2), (12), Register October 2003 No. 574, eff. 11-1-03; corrections in (1), (2), (8) to (10), (12) to (14) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.
WEM 6.025 WEM 6.025 Response procedures. Regional and local emergency response teams shall utilize the following procedure to determine if an emergency exists that requires a Level B or Level A response:
WEM 6.025(1) (1) Regional emergency response teams shall use the hazardous materials incident response matrix, DMA form 1060, to determine if an emergency that requires the team's response exists as a result of a Level A release or a potential Level A release.
WEM 6.025(2) (2) Local emergency response teams shall use the hazardous materials incident response matrix, DMA form 1060, to determine if an emergency that requires the team's response exists as a result of a Level B release or potential Level B release of a hazardous substance, as defined in s. 299.01 (6), Stats.
WEM 6.025 History History: CR 02-106: cr. Register October 2003 No. 574, eff. 11-1-03.
WEM 6.03 WEM 6.03 Filing procedures.
WEM 6.03(1)(1) Only one claim for reimbursement shall be accepted for each response team's emergency response to a hazardous substance release.
WEM 6.03(2) (2) A claim for reimbursement shall be submitted to the division on DMA Form 96 (4/97) with supporting documentation as specified in s. WEM 6.05.
WEM 6.03(3) (3) Reimbursement claims shall be received by the division within 2 years of the date of completion of the response for which reimbursement is being requested. Authorized level A response teams shall comply with all contractual notice requirements. A request for an extension of the 2 year deadline shall be submitted within 2 years of the date of the incident. The request for an extension shall include the need and rationale for the extension and shall be considered on a case by case basis by the division. Late reimbursement claims shall be cause for denial of the reimbursement claim.
WEM 6.03 Note Note: This section is not intended to limit collection efforts by the response team and extended collection efforts may be used as a rationale for an extension of the 2 year deadline.
WEM 6.03(4) (4) A claim for reimbursement shall be signed by an authorized representative of the designated level A or B response team, or his or her designee, and the reviewing entity.
WEM 6.03 History History: Cr. Register, May, 1997, No. 497, eff. 6-1-97.
WEM 6.04 WEM 6.04 Eligible costs. Costs for which reimbursement is sought must be incurred for temporary emergency measures taken by the response team to protect human health and the environment from releases or threatened releases of hazardous substances, pollutants or contaminants. Eligible response costs include response team expenses associated with security, emergency evacuation, source, control, release containment, neutralization or other treatment methods, contaminated runoff control and similar activities mitigating immediate threats to human health and the environment. Specific response team costs include, but are not limited to:
WEM 6.04(1) (1) Reimbursement for vehicles and apparatus at uniform rates established for regional hazardous material response team services or the rate established by the reviewing entity for the authorized level B response team.
WEM 6.04(2) (2) Response team personnel expenses which may reflect replacement personnel costs and indirect charges and costs for wage, fringe, death and duty disability retirement benefits.
WEM 6.04(3) (3) Necessary and reasonable emergency expenses related to response team services rendered based on actual expenditures.
WEM 6.04(4) (4) The following administrative costs incurred to collect response costs from a responsible party:
WEM 6.04(4)(a) (a) For a level B response to an emergency in which there is a potential release of a hazardous substance, the maximum eligible reimbursement cost may not exceed $500 for the initial response assessment except as provided under par. (b).
WEM 6.04(4)(b) (b) Costs that exceed $500 for a level B response to an emergency, in which there is a potential release of a hazardous substance and for which a hazardous substance is present, shall be justified and documented.
WEM 6.04(4)(c) (c) Response teams are not eligible for reimbursement costs that exceed $500 for level B responses where the bill of lading or manifest indicate that a hazardous substance is not present and for which the bill of lading or manifest is readily accessible to the response team during the emergency response.
WEM 6.04 History History: Cr. Register, May, 1997, No. 497, eff. 6-1-97; CR 02-106: am. (1) to (3), cr. (4) Register October 2003 No. 574, eff. 11-1-03.
WEM 6.05 WEM 6.05 Supporting documentation.
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