ATCP 35.04(4)(d) (d) Costs to compensate a landowner for crop loss or yield reduction that occurs within one year after the landspreading if the landowner demonstrates, to a reasonable degree of certainty, that the crop loss or yield reduction was caused by one of the following:

ATCP 35.04(4)(d)1. 1. Agricultural chemicals that were present in the landspread soil, but not known to be present when the landspreading occurred.

ATCP 35.04(4)(d)2. 2. Planting delays caused by the landspreading.

ATCP 35.04(4)(d)3. 3. Soil compaction caused by landspreading, notwithstanding reasonable tillage of the landspreading site.

ATCP 35.04(4)(e) (e) Costs to compensate a landspreading site owner for access, scheduling and like costs related to landspreading, if that compensation is necessary to obtain access to a landspreading site. The department may reimburse costs that are locally reasonable, and do not exceed $0.50 per cubic yard of landspread soil. This paragraph does not apply to landspreading on a site owned by the responsible person.

ATCP 35.04(4)(f) (f) Costs to remove rocks and other debris from landspread soils. The department may reimburse costs to remove rocks and other debris before or after the landspreading occurs, but not both. The department may not reimburse costs to remove rocks or debris more than 90 days after landspreading is completed. If a responsible person obtains competitive bids to screen the soil before it is landspread, the responsible person may not substitute the costs for post-landspreading debris removal without obtaining competitive bids under s. ATCP 35.16.

ATCP 35.04(5) (5) Costs for any of the following corrective measures that the department specifically requires, or that the department specifically pre-approves in writing after finding that the measures are less expensive than the available alternatives:

ATCP 35.04(5)(a) (a) Removal and disposal of concrete or asphalt. The department may not reimburse costs for the removal or disposal of concrete or asphalt installed after January 1, 1998 unless the responsible person proves to the department, by credible laboratory tests, that the construction site was free of agricultural chemical contamination when the concrete or asphalt was installed. The cost to remove concrete or asphalt may include its depreciated value calculated as the original construction cost less all depreciation claimed to date by any person for tax purposes.

ATCP 35.04(5)(b) (b) Installation of an engineered barrier to limit infiltration of existing contamination, provided that the responsible person agrees in writing to maintain the barrier at the installer’s expense until the contamination is removed or fully degraded.

ATCP 35.04(5)(c) (c) Temporary removal and reinstallation of a structure, fixture or equipment item that is removed intact, and returned intact to its original use and approximate original location.

ATCP 35.04(5)(d) (d) The following corrective measures related to fixtures that are in good condition and operating adequately when the corrective measure occurs:

ATCP 35.04(5)(d)1. 1. Temporary or permanent relocation.

ATCP 35.04(5)(d)2. 2. Removal and replacement with a new fixture of the same size and quality, including any upgrade required by law.

ATCP 35.04(5)(d)3. 3. Protection during a corrective action, through shoring or other methods.

ATCP 35.04(7) (7) Interest on approved reimbursement amounts as calculated by the department under s. ATCP 35.25.

ATCP 35.04 History History: Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (5), renum. (6) to be (7) and cr. (6), Register, September, 1998, No. 513, eff. 10-1-98; am. (3), r. and recr. (4) to (6), Register, October, 2000, No. 538, eff. 11-1-00; CR 03-119: r. and recr. (5), r. (6) Register October 2004 No. 586, eff. 11-1-04; CR 22-080: am. (5) (b) Register February 2024 No. 818, eff. 3-1-24.

ATCP 35.06 ATCP 35.06 Application for reimbursement.

ATCP 35.06(1) (1) Application required. A responsible person who seeks reimbursement of corrective action costs shall complete and submit to the department all of the following:

ATCP 35.06(1)(a) (a) An “application cover sheet” containing all of the following:

ATCP 35.06(1)(a)1. 1. The responsible person’s name and address.

ATCP 35.06(1)(a)2. 2. The name and address of the person directing the corrective action on behalf of the responsible person, if other than the responsible person.

ATCP 35.06(1)(a)3. 3. A statement indicating whether the responsible person has applied or will apply to another government agency for reimbursement of corrective action costs incurred for the same discharge site.

ATCP 35.06(1)(a)4. 4. Other relevant information requested by the department.

ATCP 35.06(1)(a)5. 5. The last date for which an eligible corrective action cost paid by the responsible person is being submitted for reimbursement. If the last date is not specified on the application form, the last date will be the day the department receives the application.

ATCP 35.06(1)(b) (b) A “multiple responsible persons form” containing all of the following:

ATCP 35.06(1)(b)1. 1. A certification that the responsible person has made a reasonable effort to notify other responsible persons as required under s. ATCP 35.20 (2).

ATCP 35.06(1)(b)2. 2. Other relevant information requested by the department.

ATCP 35.06(1)(c) (c) A “total reimbursement costs form” containing all of the following:

ATCP 35.06(1)(c)1. 1. The total eligible corrective action costs for which the responsible person seeks reimbursement from the department.