Section NR 747.10 - Initial claim eligibility(1) GENERAL. (a)Responsible parties. Responsible parties may submit claims to the department pursuant to s. 292.63(4), Stats., for reimbursement of eligible costs incurred because of a petroleum product discharge from a petroleum product storage system or home oil tank system.1. If a responsible party is not the sole owner of the site, an Owner Assignment Certification form (ERS-8070) shall be filed with the department to establish one entity to submit the claim and receive the award under this chapter.2. The responsible party, owner or operator, agent or an assignee, as established in subd. 1., may submit a claim if all of the following are performed:a. Documentation that the source of a discharge or discharges is from a petroleum product storage system or home oil tank system;b. Notification to the department, before conducting a site investigation or remedial action activity, of the potential for submitting a claim under this chapter, except in emergency situations as provided under s. 292.63(3) (g), Stats.;c. Registration of the petroleum product storage system or the home oil tank system with the department of agriculture, trade and consumer protection under ss. 168.21 to 168.26, Stats.;d. Report of the discharge in a timely manner to the division of emergency government in the department of military affairs or to the department, according to the requirements under ch. 292, Stats.;e. Investigation of the degree and extent of environmental damage caused by the discharge from a petroleum product storage system or home oil tank system;f. Recovery and proper disposal of any recoverable petroleum products in the discharge from a petroleum product storage system or home oil tank system;g. Disposal of any residual solid or hazardous waste in a manner consistent with local, state and federal laws, rules and regulations;h. Verification that the owner has maintained the site in compliance with laws and rules of the state concerning the storage of petroleum products; andi. Restoration of the environment according to applicable standards using the most cost-effective approvable alternative available.3. Owners or operators, or persons owning home oil tank systems, who were not owners or operators, or who were not persons owning home oil tank systems, when a petroleum product discharge occurred, and who meet all of the conditions of this section, may submit a claim for an award under the scope of this chapter.(b)Agents.1. `Individuals as agents.' Except as specified in subd. 2., an owner or operator or the person owning a home oil tank system may, with the written approval of the department, enter into a written agreement with another person to act as an agent. An agent, in order to be approved and receive payment under the fund, shall agree to complete the remediation up to the point of operation and maintenance or long-term monitoring. The agent and the owner, operator, or person owning the home oil tank system shall jointly submit a claim for an award after completing all applicable requirements under this chapter and submittal of a Current Agent Assignment Certification form (ERS-8079) to the department. An award made under this paragraph shall be made payable to both the agent and owner, operator or person owning the home oil tank system.2. `Department of transportation as agent.' With prior written approval of the department and the owner, operator or the person owning the home oil tank system, the department of transportation may act as an agent as specified in subd. 1., when the petroleum product storage system or home oil tank system is located on property that is or may be affected by a transportation project under the jurisdiction of the department of transportation. The scope of the department of transportation shall be limited to the activities under subd. 3. The department of transportation shall submit the claim for an award as specified under this section with the award to be jointly paid to the owner, operator or the person owning the home oil tank system and the department of transportation for eligible costs incurred by the department of transportation in conducting the activities specified under subd. 3.3. `Activities of agents.' All agents shall be limited to the following activities: a. Completing the site investigation to determine the degree and extent of the environmental contamination caused by the discharge from a petroleum product storage tank system or a home oil tank system and preparing the analysis and report as specified in s. NR 747.337.b. Conducting bids for all commodity services necessary at the site to restore the environment and minimize the harmful effects from the petroleum products discharge up to point of operation and maintenance or long-term monitoring.c. Providing commodity services that have reimbursement maximums which are determined either by the usual and customary cost schedule established under s. NR 747.325, or by the public bidding process in subch. VI. Note: The department forms required in this chapter are available from the Wisconsin DNR, Bureau for Remediation & Redevelopment, P.O. Box 7921, Madison WI 53707-7921 or at http://dnr.wi.gov/topic/brownfields/pecfa.html.
(2) PROVISIONS OF ELIGIBILITY LETTER. (a) When an owner, operator or person owning a home oil tank system has registered the tank systems on the property associated with the discharge and notified the department as specified under s. NR 747.11, the department shall upon request of the responsible party provide a letter of eligibility determination. This letter may include information on the PECFA program and the department's initial determination of the eligibility for an award under this chapter.(b) The initial eligibility determination is made by the department based upon the information made available prior to the determination.(c) This letter of eligibility may be used in securing loans to cover estimated costs for a proposed remediation.(d) The initial estimate of eligibility shall not be binding if subsequently the owner, operator, person owning a home heating oil tank system or other source provides the department with additional information which necessitates a subsequent ineligibility determination to be made by the department.Wis. Admin. Code Department of Natural Resources § NR 747.10
Cr. Register, February, 1994, No. 458, eff. 3-1-94; am. (1) (a) 1., (b) 1., 3. a. and b., r. (1) (b) 3. c., Register, December, 1998, No. 516, eff. 1-1-99; CR 04-058: (1) (a) 3. renum. from Comm 47.30 (1) (a) and am., am. (1) (a) (intro.), cr. (1) (b) 3. c. Register February 2006 No. 602, eff. 5-1-06; correction in (1) (b) 3. a., c., (2) (a) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (a) (intro.), 2. b. to d., (b) 3. a., c., (2) (a) made under s. 13.92(4) (b) 6, 7., Stats., Register October 2013 No. 694.