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 Cross-reference
Cross Reference: See also s.
Ins 6.35, Wis. adm. code.
101.143(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:
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 the following rate:
101.143(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.
101.143(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%.
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)(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.
101.143(4)(c)12.
12. Costs that are incurred after the date of a notice under
sub. (3) (cw) 1. or
2. and that exceed the amount necessary to comply with
sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.
101.143(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.
101.143(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.
101.143(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.
101.143(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.
101.143(4)(cc)2.b.
b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in
s. 560.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.
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.