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.
101.143(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.
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 the deductible amount under
par. (dg). 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), $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)(dg)
(dg)
Deductible; underground systems. The amount of the deductible for an award under
par. (d) is as follows for each occurrence:
101.143(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.
101.143(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.
101.143(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.
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 10% 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), $2,500 plus 5% of eligible costs 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.