Section NR 747.02 - Coverage(1) PETROLEUM PRODUCT STORAGE TANK SYSTEMS. Owners or operators of a petroleum product storage systems are eligible for reimbursement from the fund provided claims are for underground or aboveground petroleum storage systems that are one or more of the following: (a) Commercial tank systems larger than 110 gallons capacity.(b) Heating oil tank systems where the petroleum product is sold.(c) Farm or residential tank systems larger than 1,100 gallons capacity and not storing heating oil for consumptive use on the premises.(d) Tank systems storing gasoline, diesel fuel or other vehicle fuel, other than residential tanks of 1,100 gallons or less capacity.(e) Farm vehicle fuel systems of 1,100 gallons or less capacity, which meet the requirements in s. 292.63(4) (ei) 1m a., Stats., regarding farm size and farm income, and is used to store products not for resale.(f) Heating oil tank systems owned by public school or technical college districts, supplying heating oil for consumptive use on the premises.(g) Tank systems located on trust lands of an American Indian tribe or band if the owner or operator's tank system would be otherwise covered under pars. (a) to (f) and the owner or operator complies with this chapter and ch. ATCP 93 and obtains all applicable agency approvals.(2) HEATING OIL TANK SYSTEMS. A person owning a home heating oil tank system is eligible for reimbursement from the fund provided the claim is for a heating oil tank system that is an underground home heating oil tank system and the person complies with this chapter and ch. ATCP 93.(3) EXCLUSIONS. The fund does not cover a claim for any of the following: (b) A commercial tank system of 110 gallons or less capacity.(c) A residential motor fuel tank system of 1,100 gallons or less capacity.(d) Any tank system that is federal or state owned.(e) Any tank system of 110 gallons or less capacity which is not used for the storage of home heating oil.(f) A nonresidential heating or boiler tank system where the product is used on the premises where it is stored.(g) An underground petroleum product storage tank system or home oil tank system that meets the performance standards in 40 CFR 280.20 or ch. ATCP 93, was installed after December 22, 1988, and from which a release was confirmed after December 31, 1995.(h) An underground petroleum product storage tank system or home oil tank system that meets the upgrading requirements in 40 CFR 280.21(b) to (d) or ch. ATCP 93 and a discharge is confirmed after December 31, 1995, and the discharge is confirmed, or remedial activities begun, after the day on which the system first met the upgrading requirements.(i) A new aboveground petroleum product storage tank system that meets the performance standards promulgated in rules by the department, installed after April 30, 1991, and from which a discharge is confirmed after December 22, 2001.(j) An aboveground petroleum product storage tank system that meets the upgrade requirements promulgated by the department and a discharge is confirmed after December 22, 2001, and the discharge is confirmed, or remedial activities begun, after the day on which the petroleum system first met the upgrading requirements in rules promulgated by the department.(k) Any other tank system not included under sub. (1).(4) ELIGIBLE SYSTEMS AND EXCLUDED SYSTEMS AT THE SAME SITE. (a)Three possible conditions. An owner or operator of a petroleum product storage system which is excluded by sub. (3) (g) to (j) from coverage is eligible for reimbursement from the fund for claims relating to other petroleum product storage systems at the same site, where one of the following conditions applies: 1. `Discharges are not commingled.' A discharge that predates the deadlines in sub. (3) (g) to (j) is documented as not commingled with any discharge excluded by sub. (3) (g) to (j).2. `Discharges are commingled.' A discharge that predates the deadlines in sub. (3) (g) to (j) is commingled with a discharge excluded by sub. (3) (g) to (j).3. `Replacement within the same tank bed.' A storage system that predates the deadlines in sub. (3) (g) to (j) has been replaced within the same tank bed or has been upgraded, subsequent to the deadlines in sub. (3) (g) to (j), and documentation cannot confirm whether a discharge there occurred before or after the deadlines.(b)Reimbursement rates.1. Where par. (a) 1. applies, 100 percent of the eligible costs may be reimbursed.2. Where par. (a) 2. applies, the department will consider the two discharges to be one occurrence, and will apply a methodology of cost separation based on total tank volume, or based on other factors acceptable to the department.3. Where par. (a) 3. applies, 25 percent of the eligible costs may be reimbursed, after documentation is submitted to the department showing that all applicable tank closure and site assessment requirements in either ch. ATCP 93 or in preceding federal regulations were complied with, including the corresponding deadlines for performing that closure and assessment.Wis. Admin. Code Department of Natural Resources § NR 747.02
Cr. Register, February, 1994, No. 458, eff. 3-1-94; r. and recr. Register, December, 1998, No. 516, eff. 1-1-99; CR 04-058: cr. (4) Register February 2006 No. 602, eff. 5-1-06; corrections in (1) (e) and (3) (h) made under s. 13.93(2m) (b) 7, Stats., Register February 2006 No. 602; correction in (1) (g), (2), (3) (g), (h), (4) (b) 3. made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (e), (g), (2), (3) (g), (h), (4) (b) 3. made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.