Wis. Admin. Code NR § 738.13

Current through May 28, 2024

Section NR 738.13 - Denial of requests or termination of funding

The department shall deny a request or terminate the use of environmental fund moneys if one or more of the following applies to the affected party, contaminated well or contaminated water supply:

(1)The request is not within the scope of this chapter as determined by the department.

(2)The affected party submits a fraudulent request.

(3)The request is for reimbursement of costs incurred before the date of issuance of an advisory.

(4)One or more of the contaminants was introduced into the well by the plumbing connected to the well.

(5)One or more of the substances upon which the request is based was introduced into the well or water supply intentionally by an affected party or a person who would be directly benefited by the provision of the temporary emergency water supply or a person who aids and abets the introduction of the substance, or a person who is a party to a conspiracy with another to commit, advise, hire, counsel or procure another to introduce the substances into the well or water supply.

(6)All of the substances upon which the request is based are naturally occurring substances and are not a result of environmental pollution or a hazardous substance discharge subject to s. 292.11 or 292.31, Stats., as determined by the department.

(7)The water supply is contaminated by bacteria or nitrate or both and is not contaminated by any other substance. This subsection does not apply to a residential well that is in an area of special eligibility for compensation as declared by the department under s. NR 738.06(1m).

(8)The request is submitted by an affected party who has been determined by the department to be a responsible party pursuant to s. 292.31(8) or 292.11(3), Stats.

Wis. Admin. Code Department of Natural Resources § NR 738.13

Cr. Register, October, 1995, No. 478, eff. 11-1-95; corrections in (6) and (8) made under s. 13.93(2m) (b) 7, Stats., Register September 2007 No. 621; CR 12-023: 738.13 renum from 738.08, am. (7) Register October 2013 No. 694, eff. 11-1-13.