Section NR 738.06 - Eligible and ineligible services(1) ELIGIBLE SERVICES. The department may use environmental fund moneys to pay for any of the following eligible services: (a) Obtaining a temporary emergency water supply for a maximum period of 6 months after the date of issuance of an advisory or until such time as the contaminated water supply has been permanently replaced by an uncontaminated supply or is determined by the department to have returned to an uncontaminated condition, whichever occurs first. The department may grant a variance to authorize the extension of the temporary emergency water supply pursuant to s. NR 738.14.(b) Equipment used for treating the contaminated private water supply on a temporary emergency basis only if a skin contact or inhalation advisory has been issued by the department of health services.(c) Bulk water supplied only if a skin contact or inhalation advisory has been issued by the department of health services.(d) Other costs as deemed necessary by the department.(1m)SPECIAL ELIGIBILITY FOR COMPENSATION. The department may approve a temporary emergency water supply funded by moneys from the environmental fund if the affected party is in a location that has been declared by the department to be an area of special eligibility for compensation for well contamination, based on contamination reported after December 31, 2005, if the following criteria are satisfied: (a) Results of tests performed under s. NR 738.11(3) establish that wells in the area are contaminated by fecal bacteria, and(b) Evidence demonstrates that the bacterial contamination is caused by livestock. Note: Special eligibility for compensation is outlined in s. 281.75(2) (e) and (11) (ae), Stats.
(2)INELIGIBLE SERVICES. The department may not use environmental fund moneys to pay for any of the following ineligible services:(a) Any costs incurred prior to the date of issuance of a written health advisory by the state.(b) Any consulting, engineering or cost estimating fees.(c) Any state, county or local permit fees.(d) Any costs incurred for the permanent replacement or treatment of the contaminated water supply except as approved by the department pursuant to s. NR 738.14.(e) Mileage, phone, postage and other miscellaneous costs incurred by the affected party.(f) Any costs associated with the ownership and physical maintenance of any physical equipment constructed or provided as part of the temporary emergency water supply.(g) Any other costs incurred which are not approved by the department.Wis. Admin. Code Department of Natural Resources § NR 738.06
Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 12-023: am. (1) (a) to (c), cr. (1m), am. (2) (d) Register October 2013 No. 694, eff. 11-1-13, reprinted to correct transcription error in (1) (c), Register November 2013 No. 695.