292.63(4)(b)
(b)
Eligible costs. Except as provided in
par. (c) or
(cc), eligible costs for an award under
par. (a) include actual costs or, if the department establishes a usual and customary cost under
par. (cm) for an item, usual and customary costs for the following items:
292.63(4)(b)1.
1. Testing to determine tightness of tanks and lines if the method used is approved by the department.
292.63(4)(b)2.
2. Removal of petroleum products from surface waters, groundwater or soil.
292.63(4)(b)3.
3. Investigation and assessment of contamination caused by a petroleum product storage system or a home oil tank system.
292.63(4)(b)9.
9. Maintenance of equipment for petroleum product recovery or remedial action activities.
292.63(4)(b)10.
10. Restoration or replacement of a private or public potable water system.
292.63(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.
292.63(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.
292.63 Cross-reference
Cross-reference: See also s.
Ins 6.35, Wis. adm. code.
292.63(4)(c)
(c)
Exclusions from eligible costs. Eligible costs for an award under
par. (a) do not include the following, regardless of whether a competitive bidding process is used:
292.63(4)(c)2.
2. Costs of retrofitting or replacing a petroleum product storage system or home oil tank system.
292.63(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.
292.63(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.
292.63(4)(c)5.
5. Costs for investigations or remedial action activities conducted outside this state.
292.63(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.
292.63(4)(c)8.
8. Interest costs incurred by an applicant that exceed interest at the following rate:
292.63(4)(c)8.a.
a. If the applicant has gross revenues of not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.
292.63(4)(c)8.d.
d. If the applicant has gross revenues of more than $25,000,000 in the most recent tax year before the applicant submits a claim, 4%.
292.63(4)(c)9.
9. Loan origination fees incurred by an applicant that exceed 2% of the principal amount of the loan.
292.63(4)(c)11.
11. Costs that exceed the amount necessary to comply with
sub. (3) (c) 3. and with enforcement standards using the least costly method.
292.63(4)(c)12.
12. Costs that are incurred after the date of a notice under
sub. (3) (cw) 1. and that exceed the amount necessary to comply with
sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.
292.63(4)(cc)1.a.a. Except as provided in
subd. 1m. or
2., if an applicant's final claim is submitted more than 120 days after receiving written notification that no further remedial action is necessary with respect to the discharge, interest costs incurred by the applicant after the 60th day after receiving that notification are not eligible costs.
292.63(4)(cc)1.c.
c. Except as provided in
subd. 2., if an applicant does not complete the investigation of the petroleum product discharge by the first day of the 61st month after the month in which the applicant notified the department under
sub. (3) (a) 3. or October 1, 2003, whichever is later, interest costs incurred by the applicant after the later of those days are not eligible costs.
292.63(4)(cc)1m.
1m. If an applicant received written notification that no further remedial action is necessary with respect to a discharge before September 1, 2001, and the applicant's final claim is submitted more than 120 days after September 1, 2001, interest costs incurred by the applicant after the 120th day after September 1, 2001, are not eligible costs.
292.63(4)(cc)2.a.
a. An applicant that is a local unit of government, if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.
292.63(4)(cc)2.b.
b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in
s. 238.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.
292.63(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.
292.63(4)(cm)
(cm)
Usual and customary costs. The department shall establish a schedule of usual and customary costs for items under
par. (b) that are commonly associated with claims under this section. The department shall use that schedule to determine the amount of eligible costs for an occurrence for which a competitive bidding process is not used, except in circumstances under which higher costs must be incurred to comply with
sub. (3) (c) 3. and with enforcement standards. For an occurrence for which a competitive bidding process is used, the department may not use the schedule. In the schedule, the department shall specify the maximum number of reimbursable hours for particular tasks and the maximum reimbursable hourly rates for those tasks. The department shall use methods of data collection and analysis that enable the schedule to be revised to reflect changes in actual costs.
292.63(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.
292.63(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 the deductible amount under
par. (dg). An award issued under this paragraph may not exceed the following for each occurrence:
292.63(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.
292.63(4)(d)2.c.
c. For an owner or operator of a petroleum product storage system described in
par. (ei), $100,000.
292.63(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.
292.63(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:
292.63(4)(d)3.a.
a. For an owner or operator of 100 or fewer underground petroleum product storage tank systems, $1,000,000.
292.63(4)(d)3.b.
b. For an owner or operator of more than 100 underground petroleum product storage tank systems, $2,000,000.
292.63(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.
292.63(4)(dg)
(dg)
Deductible; underground systems. The amount of the deductible for an award under
par. (d) is as follows for each occurrence:
292.63(4)(dg)2.
2. For a school district or a technical college district with respect to a discharge from an underground petroleum product storage tank system that is used for storing heating oil for consumptive use on the premises, 25% of eligible costs.
292.63(4)(dg)4.
4. For an owner or operator other than an owner or operator described in
subd. 2., $2,500, plus 5% of eligible costs.
292.63(4)(di)
(di)
Rules concerning deductible for underground systems. The department may promulgate rules describing a class of owners and operators of underground petroleum product storage tank systems otherwise subject to
par. (dg) for whom the deductible is based on financial hardship.
292.63(4)(dm)
(dm)
Awards for aboveground systems for a specified period. 292.63(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.
292.63(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:
292.63(4)(dm)2.a.
a. For the owner or operator of a terminal, $15,000 plus 10% of the amount by which eligible costs exceed $200,000.
292.63(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.
292.63(4)(dm)2.c.
c. For the owner or operator of a petroleum product storage system that is described in
par. (ei), $2,500 plus 5% of eligible costs per occurrence.
292.63(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.
292.63(4)(dm)3.
3. An award issued under this paragraph may not exceed the following for each occurrence:
292.63(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.
292.63(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.
292.63(4)(dm)3.c.
c. For an owner or operator of a petroleum product storage system described in
par. (ei), $100,000.
292.63(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:
292.63(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.
292.63(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.
292.63(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.
292.63(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.
292.63(4)(e)1.1. The department shall issue an award under this paragraph for a claim for any of the following:
292.63(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.
292.63(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.
292.63(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) 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.
292.63(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) may not exceed $100,000 per occurrence.
292.63(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.
292.63(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.
292.63(4)(ei)
(ei)
Awards for certain farm tanks. 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:
292.63(4)(ei)1m.a.
a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in
s. 91.01 (2), including land designated by the department as part of the ice age trail under
s. 23.17, which during the year preceding submission of a first 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, on which the farm tank is located, 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.
292.63(4)(ei)1m.b.
b. The claim is submitted by a person who, at the time that the notification was made under
sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in
s. 91.01 (2), including land designated by the department as part of the ice age trail under
s. 23.17, which during the year preceding that notification 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 notification, 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, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under
16 USC 3831 to
3836.
292.63(4)(ei)2m.
2m. The owner or operator of the farm tank has received a letter or notice from the department 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.
292.63(4)(em)
(em)
Awards for claims for home oil tank system discharges. 292.63(4)(em)1.1. The department shall issue an award for a claim filed after May 17, 1988, for eligible costs, under
par. (b), incurred on or after August 1, 1987, by a person who owns a home oil tank system.
