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 review claims related to home oil tank discharges as soon as the claims are received. The department shall issue an award for an eligible home oil tank discharge as soon as it completes the review of the claim.
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)(a)8.
8. If an owner or operator or person owning a home oil tank system is conducting approved remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system and those remedial action activities have not remedied the discharge, then the department may approve financial assistance under this section for enhancements to the approved remedial action activities or different remedial action activities that the department determines will remedy the discharge without increasing the overall costs of remedying the discharge. The total amount of an original award under this section plus additional financial assistance provided under this subdivision is subject to the limits in
pars. (d) to
(e),
(ei) and
(em) on amounts of awards.
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)(c)8.
8. Interest costs incurred by an applicant that exceed interest at 1% over the prime rate, as determined under rules promulgated by the department.
101.143(4)(c)9.
9. Loan origination fees incurred by an applicant that exceed 2% of the principal amount of the loan.
101.143(4)(ce)
(ce)
Eligible cost; service providers. The department may promulgate rules under which the department selects service providers to provide investigation or remedial action services in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under
par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services. If the department selects service providers under this paragraph, it shall regularly update the list of service providers that it selects.
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 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system and for eligible costs, under
par. (b), incurred on or after December 22, 2001, 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 December 22, 2001.
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 December 22, 2001, 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 December 22, 2001, 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 December 22, 2001.
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.
101.143(4)(dr)
(dr)
Deductible in certain cases. If a person is the owner or operator of an underground petroleum product storage tank system and a petroleum product storage system that is not an underground petroleum product storage tank system, both of which have discharged resulting in one occurrence, and if the person is eligible for an award under
pars. (d) and
(dm), the department shall calculate the award using the deductible determined under
par. (d) 2. if the predominant method of petroleum product storage at the site, measured in gallons, is underground petroleum product storage tank systems or using the deductible determined under
par. (dm) 2. if the predominant method of petroleum product storage at the site is not underground petroleum product storage tank systems.
101.143(4)(e)1.1. The department shall issue an award under this paragraph for a claim for any of the following:
101.143(4)(e)1.b.
b. Eligible costs, under
par. (b), incurred on or after December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage system if those costs are not reimbursable under
par. (dm) 1.
101.143(4)(e)1.c.
c. Eligible costs, under
par. (b), incurred on or after December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable under
par. (d) 1.
101.143(4)(e)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 $10,000, 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 where stored is 25% of eligible costs and except that the deductible for a petroleum product storage system that is described in
par. (ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard to when the eligible costs are incurred.
101.143(4)(e)2m.
2m. An award issued under this paragraph may not exceed $190,000 for each occurrence, except that an award under this paragraph to the owner or operator of a petroleum product storage system described in
par. (ei) 1. may not exceed $100,000 per occurrence.
101.143(4)(e)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 $190,000.
101.143(4)(ee)
(ee)
Waiver of deductible. Notwithstanding
par. (d) 2.,
(dm) 2. or
(e) 2., 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 requirement that an owner or operator pay the deductible, the department shall record a statement of lien with the register of deeds of the county in which the petroleum product storage system is located. If the department records the statement of lien, the department has a lien on the property on which the petroleum product storage system 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.
101.143(4)(ei)1.1. A farm tank of 1,100 gallons or less capacity storing petroleum products that are not for resale, together with any on-site integral piping or dispensing system, is a petroleum product storage system for the purposes of this section, if all of the following apply:
101.143(4)(ei)1.a.
a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, as defined in
s. 91.01 (1), including land designated by the department of natural resources as part of the ice age trail under
s. 23.17, which during the year preceding submission of a claim under
sub. (3) produced gross farm profits, as defined in
s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in
s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under
16 USC 3831 to
3836.
101.143(4)(ei)1.b.
b. The owner or operator of the farm tank has received a letter or notice from the department of commerce or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.
101.143(4)(ei)2.
2. The department shall promulgate a rule establishing a priority system for paying awards for farm tanks described in
subd. 1.
