COMPENSATION
281.75
281.75
Compensation for well contamination. 281.75(1)(a)
(a) "Alternate water supply" means a supply of potable water obtained in bottles, by tank truck or by other similar means.
281.75(1)(b)
(b) "Contaminated well" or "contaminated private water supply" means a well or private water supply which:
281.75(1)(b)1.
1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in
40 CFR 141 and
143;
281.75(1)(b)2.
2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under
ch. 160; or
281.75(1)(b)3.
3. Is subject to a written advisory opinion, issued by the department, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.
281.75(1)(c)
(c) "Groundwater" means any of the waters of the state occurring in a saturated subsurface geological formation of permeable rock or soil.
281.75(1)(e)
(e) "Livestock water supply" means a well which is used as a source of potable water only for livestock and which is:
281.75(1)(e)1.
1. Approved by the department of agriculture, trade and consumer protection for grade A milk production under
s. 97.24; or
281.75(1)(f)
(f) "Private water supply" means a residential water supply or a livestock water supply.
281.75(1)(g)
(g) "Residential water supply" means a well which is used as a source of potable water for humans or humans and livestock and is connected to 14 or less dwelling units.
281.75(1)(h)
(h) "Well" means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.
281.75(2)
(2) Duties of the department. The department shall:
281.75(2)(a)
(a) Establish by rule procedures for the submission, review and determination of claims under this section.
281.75(2)(b)
(b) Assist claimants in submitting applications for compensation under this section.
281.75(2)(d)
(d) Establish casing depth and other construction requirements for a new or reconstructed private water supply.
281.75(3)
(3) Wells for which a claim may be submitted; sunset date. 281.75(3)(a)(a) A claim may be submitted for a private water supply which, at the time of submitting the claim, is contaminated.
281.75(3)(b)
(b) Claims may not be submitted under this section until January 1, 1985.
281.75(4)(a)(a) Except as provided under
par. (b), a landowner or lessee of property on which is located a contaminated private water supply, or the spouse, dependent, heir, assign or legal representative of the landowner or lessee, may submit a claim under this section.
281.75(4)(b)
(b) The following entities may not submit a claim:
281.75(4)(b)2.
2. An office, department, independent agency, institution of higher education, association, society or other body in state government.
281.75(4)(b)4.
4. A city, village, town, county or special purpose district.
281.75(4m)(a)(a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply may not exceed $65,000.
281.75(4m)(b)
(b) Except as provided under
par. (d), annual family income shall be based upon the adjusted gross income of the landowner or lessee and the landowner's or lessee's spouse, if any, as computed for Wisconsin income or franchise tax purposes for the taxable year prior to the year in which the claim is made. The county median income shall be determined based upon the most recent statistics published by the federal department of housing and urban development for the year prior to the year of the enforcement order.
281.75(4m)(c)
(c) In order to be eligible for an award under this section, the claimant shall submit a copy of the designated income or franchise tax returns for the taxable year prior to the year in which the claim is made together with the application under
sub. (5). The claimant shall submit a copy of the landowner's or lessee's Wisconsin franchise tax return, joint Wisconsin income tax return or, if filing separately, the landowner's or lessee's separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any.
281.75(4m)(d)
(d) The department may disregard the Wisconsin income tax return for the taxable year prior to the year in which the claim is made and may determine annual family income based upon satisfactory evidence of adjusted gross income or projected taxable income of the landowner or lessee and the landowner's or lessee's spouse in the current year.
281.75(5)(a)(a) A claimant shall submit a claim on forms provided by the department. The claimant shall verify the claim by affidavit.
281.75(5)(b)1.
1. Test results which show that the private water supply is contaminated, as defined under
sub. (1) (b) 1. or
2., or information to show that the private water supply is contaminated as defined under
sub. (1) (b) 3.;
281.75(5)(b)2.
2. Any information available to the claimant regarding possible sources of contamination of the private water supply; and
281.75(5)(c)
(c) The department shall notify the claimant if the claim is complete or specify the additional information which is required to be submitted. If the claimant does not submit a complete claim, as determined by the department, the department may not proceed under this section until it receives a complete claim.
281.75(5)(d)
(d) A claim constitutes consent by the claimant to:
281.75(5)(d)1.
1. Enter the property where the private water supply is located during normal business hours and conduct any investigations or tests necessary to verify the claim; and
281.75(5)(d)2.
2. Cooperate with the state in any administrative, civil or criminal action involving a person or activity alleged to have caused the private water supply to become contaminated.
281.75(5)(e)
(e) The department shall consolidate claims if more than one claimant submits a claim for the same private water supply.
281.75(5)(f)
(f) The department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under
s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.
281.75(6)(a)(a) Contamination of a private water supply, as defined under
sub. (1) (b) 1. or
2., is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under
s. 299.11.
281.75(6)(b)
(b) The department may reject test results which are not sufficiently recent.
281.75(6)(c)
(c) The department, at its own expense, may test additional samples from any private water supply for which a claim is submitted.
281.75(7)(a)(a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated, the department shall issue an award. The award may not pay more than 75% of the eligible costs. The award may not pay any portion of eligible costs in excess of $12,000.
281.75(7)(b)
(b) If the annual family income of the claimant exceeds $45,000, the amount of the award is the amount determined under
par. (a) less 30% of the amount by which the claimant's income exceeds $45,000.
281.75(7)(c)
(c) Eligible costs under this subsection include the following items only:
281.75(7)(c)2.d.
d. Providing for a public water supply to replace the private water supply including costs related to connection to the public water supply and costs related to special assessments and one-time municipal charges for capital improvements and services involved in providing the public water supply; or
281.75(7)(c)3.
3. The cost of abandoning a contaminated private water supply, if a new private water supply is constructed or if connection to a public or private water supply is provided;
281.75(7)(c)4.
4. The cost of obtaining 2 tests to show that the private water supply was contaminated if the cost of those tests was originally paid by the claimant;
281.75(7)(c)5.
5. Purchasing and installing a pump, if a new pump is necessary for the new or reconstructed private water supply; and
281.75(7)(c)6.
6. Relocating pipes, as necessary, to connect the replacement water supply to the buildings served by it.
281.75(8)
(8) Copayment. The department shall require a payment by the claimant equal to the total of the following:
281.75(8)(b)
(b) All eligible costs not paid under
sub. (7) in excess of $250.
281.75(9)
(9) Contamination standard; nitrates. 281.75(9)(a)(a) This subsection applies to a private water supply which:
281.75(9)(a)1.
1. Is a livestock water supply or is a residential water supply which is used as a source of potable water for livestock as well as for a residence; and
281.75(9)(a)2.
2. Is used at least 3 months each year and while in use provides an estimated average of more than 100 gallons per day for consumption by livestock.
281.75(9)(b)
(b) Notwithstanding the requirement of contamination under
sub. (7), if a private water supply meets the criteria under
par. (a) and the claim is based upon contamination by nitrates and not by any other substance, the department may make an award only if the private water supply produces water containing nitrates in excess of 40 parts per million expressed as nitrate-nitrogen.
281.75(10)(a)(a) The department shall issue awards without regard to fault.
281.75(10)(b)
(b) Contributory negligence is not a bar to recovery and no award may be diminished as the result of negligence attributable to the claimant or to any person who is entitled to submit a claim.
281.75(10)(c)
(c) The department shall pay each claim within 30 days after a completed payment request is submitted. The department shall pay eligible costs under
sub. (7) based upon cost tables and rules promulgated under
sub. (11) (c).
281.75(11)
(11) Denial of claim; limits on awards. 281.75(11)(a)(a)
Denial of claim. The department shall deny a claim if:
281.75(11)(a)3.
3. The claim is for reimbursement of costs incurred before the department determined that the claim was complete under
sub. (5) (c).
281.75(11)(a)4.
4. One or more of the contaminants upon which the claim is based was introduced into the well through the plumbing connected to the well.
281.75(11)(a)5.
5. One or more of the contaminants upon which the claim is based was introduced into the well intentionally by a claimant or a person who would be directly benefited by payment of the claim.
281.75(11)(a)6.
6. All of the contaminants upon which the claim is based are naturally occurring substances and the concentration of the contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location.
