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.

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

ATCP 35.06(1)(d) (d) An “insurance information form” containing all of the following:

ATCP 35.06(1)(d)1. 1. A statement indicating whether any portion of the corrective action costs for which the responsible person seeks reimbursement may be covered by insurance, or a statement from the responsible person’s insurance company stating that the insurance company has denied the responsible person’s claim for reimbursement of the corrective action costs.

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

ATCP 35.06(1)(e) (e) A map showing the township, range, section and quarter-quarter section location of the discharge site. If the agricultural chemical was discharged while being transported from a site owned or controlled by a person who owned or controlled the agricultural chemical at the time of the discharge, the application shall include a second map showing the township, range, section and quarter-quarter section location of the site from which the agricultural chemical was being transported.

ATCP 35.06(1)(f) (f) An accurate legal description of the land parcel on which the discharge site is located. If the agricultural chemical was discharged while being transported from a site owned or controlled by a person who owned or controlled the agricultural chemical at the time of the discharge, the application shall also include an accurate legal description of the land parcel on which that site is located. A parcel description under this paragraph shall correspond to the parcel description that was on record, at the time the discharge occurred or was discovered, with the register of deeds in the county where the land parcel is located.

ATCP 35.06(1)(g) (g) A summary statement identifying each eligible corrective action cost for which the applicant seeks reimbursement from the department. The statement shall include each eligible corrective action cost, paid by the applicant prior to the date of the reimbursement application, for which the applicant seeks reimbursement. The summary statement shall allocate each cost to one of the following categories:

ATCP 35.06(1)(g)1. 1. Soil investigation.

ATCP 35.06(1)(g)2. 2. Soil remediation.

ATCP 35.06(1)(g)3. 3. Laboratory and other analysis.

ATCP 35.06(1)(g)4. 4. Groundwater investigation.

ATCP 35.06(1)(g)5. 5. Groundwater remediation.

ATCP 35.06(1)(g)6. 6. Miscellaneous.

ATCP 35.06 Note Note: Under s. ATCP 35.08 (5) (b), if any person applies for reimbursement of an ineligible cost, the department may deduct twice the amount of that cost from that person’s reimbursement application if the responsible person knew or should have known that the cost was not eligible. If a responsible person is not certain whether a corrective action cost is eligible for reimbursement under this chapter, the responsible person may contact the department for a preliminary opinion under s. ATCP 35.08 (1).

ATCP 35.06(1)(h) (h) Invoices or other information documenting each of the costs under par. (g). Documentation shall identify the nature of the materials or services provided, the amount charged for the materials or services, the identity of the provider, and the dates on which the materials or services were provided.