Section NR 169.21 - Reimbursement awards(1) PROCESSING APPLICATIONS. (a)Preliminary opinion. The department may issue a preliminary opinion which is not binding on the department on whether an applicant is eligible for reimbursement of response action costs.(b)Notice acknowledging application. Within 30 days after the department receives an application under s. NR 169.19, the department shall issue a written notice to the applicant acknowledging receipt of the application.(c)Request for additional information. Following receipt of an application under s. NR 169.19, the department may require an applicant to submit any additional information that may be relevant to the department's review of the application.(d)Decision. Within 90 days after the department receives a complete application under s. NR 169.19, including any additional information required by the department under par. (c), the department shall issue a written decision approving or disapproving the application. The department may approve part of an application, or approve an application subject to conditions specified by the department. In its decision the department shall specify all the following: 1. The amount of eligible costs, if any, for which reimbursement may be paid.2. The total amount, if any, approved for payment under s. NR 169.13. The decision shall specify that payment is subject to the terms and conditions specified in this chapter.3. Any amounts and items not approved and the reasons for that disapproval. The department shall also explain any amounts deducted from the reimbursement application under sub. (3).(2) DENIAL OF APPLICATIONS. Applications shall be denied as provided in s. 292.65(8) (d), Stats. Note: Section 292.65(8) (d), Stats., provides that the department shall deny an application if any of the following applies:
1. The application is not within the scope of the statute.2. The applicant submits a fraudulent application.3. The applicant has been grossly negligent in the maintenance of the dry cleaning facility.4. The applicant intentionally damaged the dry cleaning equipment.5. The applicant falsified records.6. The applicant willfully failed to comply with laws or rules of this state concerning the use or disposal of dry cleaning solvents.7. All of the fees, interest and penalties due under ss. 77.9961, 77.9962 and 77.9964, Stats., have not been paid unless an agreement has been entered into with the department of revenue establishing a payment schedule for all of the fees, interest and penalties due.8. The dry cleaning product discharge was caused on or after October 14, 1997, by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system. Note: Section 292.65(8) (j), Stats., and s. NR 169.25(3) establish award reductions if ineligible costs are included in the application prepared either by the owner, operator or consultant.
(3) DEDUCTIBLES. (a) The department may only make an award for eligible costs incurred at each dry cleaning facility that exceed the deductibles or other costs as specified in s. 292.65(8) (e), Stats. Note: Section 292.65(8) (e), Stats., provides that eligible costs incurred at each dry cleaning facility may be paid if they exceed the following:
a. If eligible costs are $200,000 or less, $10,000.b. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of the amount by which eligible costs exceed $200,000.c. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000. Note: Costs and deductibles are calculated on a cumulative per site basis.
(b) The department may waive deductibles as specified in s. 292.65(8) (g), Stats. Note: Section 292.65(8) (g), Stats., provides that 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 deductible requirement, the department shall record a statement of lien with the register of deeds of the county in which the dry cleaning facility is located. If the department records the statement of lien, the department has a lien on the property on which the dry cleaning facility 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 at which point the department will record a satisfaction of lien.
(4) MAXIMUM AWARDS. Pursuant to s. 292.65(8) (f), Stats., $500,000 is the maximum amount that may be paid for costs at a single dry cleaning facility for immediate actions, both emergency and non-emergency, and site investigations and remedial actions. Note: The maximum award amount applies to each facility rather than to each owner or operator. Costs and deductible maximums also apply per facility. If a facility is sold and the new owner or operator spends money to continue cleanup from an older release or to cleanup from a new release, the owner or operator may be eligible for reimbursement under this chapter to the extent that the maximum award amount payable under sub. (4) has not been exceeded. Awards to a subsequent owner or operator will be reduced by the amount of the deductibles under sub. (3) that have not been exceeded.
(5) MULTIPLE CLAIMANTS. If more than one owner or operator is eligible for reimbursement under this chapter for response action taken for one or more discharges at the facility, the combined amount paid to those owners or operators may not exceed the maximum amount specified for a facility under sub. (4).Wis. Admin. Code Department of Natural Resources NR 169.21
CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.