Section NR 732.05 - Eligibility(1) A municipality that is an owner or a past or present operator of a closed, nonapproved municipal landfill or waste site may seek reimbursement for any eligible costs of monitoring incurred pursuant to an order issued by the department under s. 289.31(7) (d), Stats., if all of the following conditions are satisfied: (a) The municipality is in compliance with the order issued by the department under s. 289.31(7) (d), Stats.(b) The municipality has provided an affidavit to the department that the municipality has filed a claim for the costs of monitoring with all of the municipality's past and present liability insurance carriers, for which insurance coverage may still be in effect, and that to date coverage has been denied in whole or in part.(c) If the municipality's liability insurance carriers pay the municipality for any of the monitoring costs for the same closed, nonapproved municipal landfill or waste site for which the municipality received any payment under this chapter, the municipality agrees that it shall reimburse the department for the payments made under this chapter from the insurance proceeds.(d) The costs incurred are reasonable and necessary for the monitoring that has been ordered.(2) Any monitoring that is conducted at a nonapproved municipal landfill that closes after the issuance of a department order requiring monitoring shall not be eligible for reimbursement under this chapter.Wis. Admin. Code Department of Natural Resources § NR 732.05
Cr. Register, April, 1994, No. 460, eff. 5-1-94; corrections in (1) (intro.) and (a) made under s. 13.93(2m) (b) 7, Stats., Register, April, 2000, No. 532.