101.143(3)(am)4.
4. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after April 30, 1991, and is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.
101.143(3)(as)1.1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of any petroleum product discharge from a petroleum product storage system or home oil tank system if the discharge occurs after the department issues an award under this section for remedial action activities that were necessitated by an earlier petroleum product discharge from the same petroleum product storage system or home oil tank system and the later discharge is within the area on which those remedial action activities were conducted, except as provided in
subd. 2.,
3. or
4.
101.143(3)(as)2.
2. Subdivision 1. does not apply if a change in rules promulgated by the department of natural resources necessitates further remedial action activities with respect to the earlier petroleum product discharge.
101.143(3)(as)3.
3. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge and a later petroleum product discharge that is from the same petroleum product storage system or home oil tank system and within the same area is confirmed before the department of natural resources approves the remedial action activities performed with respect to the first discharge, then the owner or operator or person owning a home oil tank system remains eligible for an award for costs incurred because of any petroleum product discharge from that petroleum product storage system or home oil tank system which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources approves the remedial action activities with respect to the first discharge, whichever is earlier.
101.143(3)(as)4.
4. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system that does not meet the performance standards in
40 CFR 280.20 or in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, and that, at the time of that discharge, does not meet the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of any later petroleum product discharge from the same petroleum product storage system or home oil tank system and within the same area which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996, or before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, whichever is earlier.
101.143(3)(av)
(av)
Claims submitted for petroleum product storage systems on tribal trust lands. The owner or operator of a petroleum product storage system located on trust lands of an American Indian tribe may submit a claim for an award under
sub. (4) if the owner or operator otherwise satisfies
par. (a) and complies with the rules promulgated under this section and any other rules promulgated by the department concerning petroleum product storage systems.
101.143(3)(b)
(b)
Claims submitted by owners or operators who were not owners or operators, or a person owning a home oil tank system when a petroleum product discharge occurred. An owner or operator who was not the owner or operator, or a person who owns a home oil tank system who did not own the home oil tank system, when a petroleum product discharge occurred and who meets the requirements of this section may submit a claim for an award under
sub. (4) unless the owner or operator or the person knew or should have known of the ineligibility of the previous owner or operator or of the person who previously owned the home oil tank system as a result of actions under
sub. (4) (g) 4.,
5. or
6.
101.143(3)(bm)
(bm)
Agents. Except as provided in
par. (bn), an owner or operator or a person owning a home oil tank system may enter into a written agreement with a county or any other person under which that county or other person acts as an agent for the owner or operator or person owning a home oil tank system in conducting the activities required under
par. (c). The owner or operator or person owning a home oil tank system and the agent shall jointly submit the claim for an award under
sub. (4).
101.143(3)(bn)
(bn)
Department of transportation as agent. With the prior approval of the department and the owner or operator or person owning a home oil tank system, the department of transportation may act as an agent for an owner or operator or a person owning a home oil tank system whose petroleum product storage system or home oil tank system is located on property that is or may be affected by a transportation project under the jurisdiction of the department of transportation. The scope of the department of transportation's agency shall be limited to conducting the activities required under
par. (c) and submitting the claim for an award under
sub. (4) to be jointly paid to the owner or operator or person and the department of transportation for the eligible costs incurred by the department of transportation in conducting the activities required under
par. (c).
101.143(3)(c)
(c)
Investigations, remedial action plans and remedial action activities. Before submitting an application under
par. (f), except as provided under
par. (g), an owner or operator or the person shall do all of the following:
101.143(3)(c)1.
1. Complete an investigation to determine the extent of environmental damage caused by a discharge from a petroleum product storage system or home oil tank system.
101.143(3)(c)2.
2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under
subd. 3.
101.143(3)(c)3.
3. Conduct all remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under
s. 292.11.
101.143(3)(c)4.
4. Receive written approval from the department of natural resources or, if the discharge is covered under
s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under
subd. 3. meet the requirements of
s. 292.11.
101.143(3)(cm)
(cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under
s. 101.144 (2) (b), the department of commerce, satisfy the requirements of
par. (c) 2. and
3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation of petroleum product contamination.
101.143(3)(d)
(d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under
s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of
s. 292.11. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under
s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.
101.143(3)(e)
(e) Notifications. The department of natural resources shall notify the department when it gives a claimant written approval under
par. (c) 4.
101.143(3)(f)
(f)
Application. A claimant shall submit a claim on a form provided by the department. The claim shall contain all of the following documentation of activities, plans and expenditures associated with the eligible costs incurred because of a petroleum products discharge from a petroleum product storage system:
101.143(3)(f)1.
1. A record of investigation results and data interpretation.
101.143(3)(f)3.
3. Contracts for eligible costs incurred because of the discharge and records of the contract negotiations.
101.143(3)(f)4.
4. Accounts, invoices, sales receipts or other records documenting actual eligible costs incurred because of the discharge.
101.143(3)(f)5.
5. The written approval of the department of natural resources or the department of commerce under
par. (c) 4.
101.143(3)(f)6.
6. Other records and statements that the department determines to be necessary to complete the application.
101.143(3)(g)
(g)
Emergency situations. Notwithstanding
pars. (a) 3. and
(c) 1. and
2., an owner or operator or the person may submit a claim for an award under
sub. (4) after notifying the department under
par. (a) 3., without completing an investigation under
par. (c) 1. and without preparing a remedial action plan under
par. (c) 2. if any of the following apply:
101.143(3)(g)1.
1. An emergency existed which made the investigation under
par. (c) 1. and the remedial action plan under
par. (c) 2. inappropriate.
101.143(3)(g)2.
2. The owner or operator or the person acted in good faith in conducting the remedial action activities and did not wilfully avoid conducting the investigation under
par. (c) 1. or the remedial action plan under
par. (c) 2.
101.143(3)(h)
(h)
Initial eligibility review. When an owner or operator or the person notifies the department under
par. (a) 3., the department shall provide the owner or operator or the person with information on the program under this section and the department's estimate of the eligibility of the owner or operator or of the person for an award under this section.
101.143(4)
(4) Awards for petroleum product investigation, remedial action planning and remedial action activities. 101.143(4)(a)1.1. If the department finds that the claimant meets all of the requirements of this section and any rules promulgated under this section, the department shall issue an award to reimburse a claimant for eligible costs incurred because of a petroleum products discharge from a petroleum product storage system or home oil tank system.
101.143(4)(a)2.
2. The department may not issue an award before all eligible costs have been incurred and written approval is received under
sub. (3) (c) 4., unless the department determines that the delay in issuing the award would cause a financial hardship to the owner or operator or the person.
101.143(4)(a)5.
5. The department shall allocate $500,000 in each fiscal year to make awards for home oil tank system discharges, and shall make awards in the order that applications are received. The department may conditionally approve awards which exceed the total of $500,000 in any fiscal year, and make those awards first in the following fiscal year.
101.143(4)(a)6.
6. In any fiscal year, the department may not award more than 5% of the amount appropriated under
s. 20.143 (3) (v) as awards for petroleum product storage systems described in
par. (ei) 1.
101.143(4)(a)7.
7. In any fiscal year, the department may not award more than 5% of the amount appropriated under
s. 20.143 (3) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.
101.143(4)(b)
(b)
Eligible costs. Eligible costs for an award under
par. (a) include actual costs or, if the department establishes a schedule under
par. (cm), usual and customary costs for the following items only:
101.143(4)(b)1.
1. Testing to determine tightness of tanks and lines if the method used is approved by the department.
101.143(4)(b)2.
2. Removal of petroleum products from surface waters, groundwater or soil.
101.143(4)(b)3.
3. Investigation and assessment of contamination caused by a petroleum product storage system or a home oil tank system.
101.143(4)(b)9.
9. Maintenance of equipment for petroleum product recovery or remedial action activities.
101.143(4)(b)10.
10. Restoration or replacement of a private or public potable water system.
101.143(4)(b)14.
14. Other costs identified by the department as necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of
s. 292.11.
101.143(4)(b)15.
15. For an owner or operator only, compensation to 3rd parties for bodily injury and property damage caused by a petroleum products discharge from an underground petroleum product storage tank system.
101.143(4)(c)
(c)
Exclusions from eligible costs. Eligible costs for an award under
par. (a) do not include the following:
101.143(4)(c)2.
2. Costs of retrofitting or replacing a petroleum product storage system or home oil tank system.
101.143(4)(c)3.
3. Other costs that the department determines to be associated with, but not integral to, the eligible costs incurred because of a petroleum products discharge from a petroleum product storage system or home oil tank system.
101.143(4)(c)4.
4. Costs, other than costs for compensating 3rd parties for bodily injury and property damage, which the department determines to be unreasonable or unnecessary to carry out the remedial action activities as specified in the remedial action plan.
101.143(4)(c)5.
5. Costs for investigations or remedial action activities conducted outside this state.
101.143(4)(c)7.
7. Costs of emptying, cleaning and disposing of the tank and other costs normally associated with closing or removing any petroleum product storage system or home oil tank system unless those costs were incurred before November 1, 1991, or unless the claimant had signed a contract for services for activities required under
sub. (3) (c) or a loan agreement, note or commitment letter for a loan for the purpose of conducting activities required under
sub. (3) (c) before November 1, 1991.
101.143(4)(cm)
(cm)
Usual and customary costs. The department may establish a schedule of usual and customary costs for any items under
par. (b) and may use that schedule to determine the amount of a claimant's eligible costs.
101.143(4)(d)1.1. The department shall issue an award under this paragraph for a claim filed after July 31, 1987, for eligible costs, under
par. (b), incurred on or after August 1, 1987, and before July 1, 1998, by the owner or operator of an underground petroleum product storage tank system and for eligible costs, under
par. (b), incurred on or after July 1, 1998, by the owner or operator of an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under
sub. (3) (c) or
(g) are begun before July 1, 1998.
101.143(4)(d)2.
2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises is 25% of eligible costs. An award issued under this paragraph may not exceed the following for each occurrence:
101.143(4)(d)2.a.
a. For an owner or operator of an underground petroleum product storage tank system that is located at a facility at which petroleum is stored for resale or an owner or operator of an underground petroleum product storage tank system that handles an annual average of more than 10,000 gallons of petroleum per month, $1,000,000.
101.143(4)(d)2.c.
c. For an owner or operator of a petroleum product storage system described in
par. (ei) 1., $100,000.
101.143(4)(d)2.d.
d. For a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored, $190,000.
101.143(4)(d)3.
3. The department may not issue awards under this paragraph to an owner or operator for eligible costs incurred in one program year that total more than the following:
101.143(4)(d)3.a.
a. For an owner or operator of 100 or fewer underground petroleum product storage tank systems, $1,000,000.
101.143(4)(d)3.b.
b. For an owner or operator of more than 100 underground petroleum product storage tank systems, $2,000,000.
101.143(4)(d)4.
4. The department shall recalculate all awards issued under this paragraph, or under s.
101.143 (4) (e), 1987 stats., before May 3, 1990, according to all of the requirements of those provisions at the time that the award was made, except that the award shall be based on 100% of the eligible costs and except that the award shall be subject to the maximum amounts under
subds. 2. and
3. The department shall issue an award under this subdivision for the difference between the award as recalculated under this subdivision and the award issued before May 3, 1990.
101.143(4)(dm)
(dm)
Awards for aboveground systems for a specified period. 101.143(4)(dm)1.1. The department shall issue an award under this paragraph for a claim for eligible costs, under
par. (b), incurred on or after August 1, 1987, and before July 1, 1998, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system and for eligible costs, under
par. (b), incurred on or after July 1, 1998, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under
sub. (3) (c) or
(g) are begun before July 1, 1998.
101.143(4)(dm)2.
2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds the following deductible:
101.143(4)(dm)2.a.
a. For the owner or operator of a terminal, $15,000 plus 5% of the amount by which eligible costs exceed $200,000.
101.143(4)(dm)2.b.
b. For a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored, 25% of eligible costs.
101.143(4)(dm)2.c.
c. For the owner or operator of a petroleum product storage system that is described in
par. (ei) 1., $2,500 plus 5% of eligible costs but not more than $7,500 per occurrence.
101.143(4)(dm)2.d.
d. For an owner or operator other than an owner or operator under
subd. 2. a.,
b. or
c., $15,000 plus 2% of the amount by which eligible costs exceed $200,000.
101.143(4)(dm)3.
3. An award issued under this paragraph may not exceed the following for each occurrence:
101.143(4)(dm)3.a.
a. For an owner or operator of a petroleum product storage system that is located at a facility at which petroleum is stored for resale or an owner or operator of a petroleum product storage system that handles an annual average of more than 10,000 gallons of petroleum per month, $1,000,000.
101.143(4)(dm)3.b.
b. For a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored, $190,000.
101.143(4)(dm)4.
4. The department may not issue awards under this paragraph to an owner or operator for eligible costs incurred in one program year that total more than the following:
101.143(4)(dm)4.a.
a. For an owner or operator of 100 or fewer petroleum product storage systems that are not underground petroleum product storage tank systems, $1,000,000.
101.143(4)(dm)4.b.
b. For an owner or operator of more than 100 petroleum product storage systems that are not underground petroleum product storage tank systems, $2,000,000.
101.143(4)(dm)5.
5. The department shall recalculate all awards issued under
par. (e) before July 29, 1995, for eligible costs incurred before May 7, 1994, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system according to the eligibility requirements at the time that the awards were made except that the awards shall be subject to the deductible amounts under
subd. 2. and the maximum amounts under
subds. 3. and
4. The department shall issue an award under this subdivision for the difference between the award as recalculated under this subdivision and the award issued before July 29, 1995.
