ATCP 29.20 (6) (b) Beginning with the license year that begins on January 1, 2015, an agricultural chemical cleanup surcharge of $30.40An agricultural chemical cleanup surcharge of $20, except as provided in par. (c) or s. 94.73 (15), Stats. Section 20. ATCP 29.20 (6) (c) is created to read:
ATCP 29.20 (6) (c) If the applicant manufactures or distributes bulk pesticides in this state, an additional agricultural chemical cleanup surcharge of $25, except as provided in s. 94.73 (15), Stats. Section 21. ATCP 29.25 (5) (a) is amended to read:
ATCP 29.25 (5) (a) Except as provided under par. (b), an applicant for an annual license under sub. (1) shall pay the following annual license fee and surcharge:
Note: Section 1943, 1999 Wis. Act 9, added January 1, 2001 and January 1, 2002 to this requirement. 2. Aan agricultural chemical cleanup surcharge of $11.20$10, except as provided in s. 94.73 (15), Stats. Section 22. ATCP 35.04 (5) (b) is amended to read:
ATCP 35.04 (5) (b) Installation of an engineered barrier to limit infiltration of existing contamination, provided that the responsible person agrees in writing to maintain the barrier at his or herthe installer’s expense until the contamination is removed or fully degraded.
Section 23. ATCP 35.06 (3) (c) is amended to read:
ATCP 35.06 (3) (c) If any personapplicant has reason to believe that he or shehas the applicant received any reimbursement for which he or shethe applicant is ineligible under this subsection, that person shall immediately notify the department and shall refund with the notification the full amount of any reimbursement for which the responsible person is ineligible.
Section 24. ATCP 35.20 (3) is amended to read:
ATCP 35.20 (3) Joint application. The department shall deny a reimbursement application unless every responsible person successfully notified under sub. (2) includes his or herthe applicant’s full claim for reimbursement as part of the same joint application, or waives any claim for reimbursement related to discharges to date at that discharge site. If a notified person fails to submit an application within 30 days after receiving notice, or fails to provide documentation under s. ATCP 35.06 (1) within 60 days after receiving notice, that failure constitutes a waiver of that person's claim with respect to that application. Section 25. ATCP 35.22 (1) (a) is amended to read:
ATCP 35.22 (1) (a) Except as provided in subs. (2) through (6), the department shall reimburse a responsible person for each discharge site an amount equal to 75% of the eligible corrective action costs that are greater than $3,000 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $3,000 and less than $650,000 for costs incurred on or after July 1, 2017. To this amount, the department shall add interest costs under s. ATCP 35.25. Section 26. ATCP 35.22 (1) (b) is amended to read:
ATCP 35.22 (1) (b) If no more than $3,000 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under par. (a) may not exceed $297,750485,250. Section 27. ATCP 35.22 (1) (c) is amended to read
ATCP 35.22 (1) (c) If more than $3,000 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under par. (a) may not exceed $317,600505,100 or the sum of the following, whichever amount is less: 1. Eighty percent of the eligible corrective action costs incurred up to $400,000 prior to January 1, 2004 that exceed $3,000.
2. Seventy-five percent of the difference between $400,000650,000 and the eligible corrective action costs incurred prior to January 1, 2004.
Section 28. ATCP 35.22 (2) (a) is amended to read:
ATCP 35.22 (2) (a) Except as provided in subs. (3) through (6), the department shall reimburse a responsible person for each discharge site an amount equal to 75% of the eligible corrective action costs that are greater than $7,500 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $7,500 and less than $650,000 for costs incurred on or after July 1, 2017, if any of the following apply at the time the discharge occurs or is discovered:
Section 29. ATCP 35.22 (2) (c) is amended to read:
ATCP 35.22 (2) (c) If no more than $7,500 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under pars. (a) and (b) may not exceed $294,375481,875. Section 30. ATCP 35.22 (2) (d) is amended to read:
ATCP 35.22 (2) (d) If more than $7,500 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under pars. (a) and (b) may not exceed $314,000501,500 or the sum of the following, whichever amount is less: 1. Eighty percent of the eligible corrective action costs incurred up to $400,000 prior to January 1, 2004 that exceed $7,500.
2. Seventy-five percent of the difference between $400,000650,000 and the eligible corrective action costs incurred prior to January 1, 2004.
Section 31. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ____________________________________________________________________________________
(END OF RULE TEXT)
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Dated this 4th day of August, 2023
WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
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By: Randy Romanski, Secretary
