Section NR 747.12 - Claim process(1) APPLICATION. A claimant shall submit a claim in a format prescribed by the department, and shall include all of the following that are applicable: (a) For a claim covering the site investigation and the preparation of a remedial action plan, a copy of the report providing the information detailed in s. NR 716.15 and the letter provided by the department indicating that the remedial action plan submittal requirements have been complied with and that submittal of the claim is authorized.(b) A copy of the Underground Petroleum Product Tank Inventory form (ERS-7437) for each underground tank system at the site and a copy of the Aboveground Petroleum Product Tank Inventory form (ERS-8731) for each aboveground tank system at the site.(c) The bid specifications and a copy of the bids for commodity services as required in s. NR 747.33.(d) Documentation verifying actual costs incurred because of the petroleum product discharge, which shall include receipts, invoices including contractor's and subcontractor's invoices, interest costs, loan fees, accounts, and processed payments.(e) Proof of payment for all invoices including copies of both sides of canceled checks or money orders or alternate proofs of payment approved by the department.(f) Properly detailed and itemized receipts for remedial activities and services performed.(g) Owner's, operator's, home oil tank owner's or the responsible party's social security number or federal tax identification number.(h) Other records or statements that the department determines to be necessary to complete the application.(i) Signature of the owner, operator or person owning home oil tank system on the application.(j) A certificate or certificates verifying the existence of the insurance coverage required in ch. SPS 305 for all the environmental consultants who performed work included in a claim.(2) INCOMPLETE CLAIMS.(a) Incomplete claims, lack of verification of payment of costs, lack of signatures, and other factors may delay processing of claims or change the schedule of the review.(b) Claims received by the department which contain unpaid invoices shall, at the department's discretion, be assigned a review date no earlier than the date proof of payment was provided to the department.(c) PECFA claims for awards may not be processed without proper and complete documentation including, but not limited to, Underground Petroleum Product Tank Inventory forms (ERS-7437), Aboveground Petroleum Product Tank Inventory forms (ERS-8731), Remedial Action Fund Application form (ERS-8067), department letter indicating compliance with remedial action plan submittal requirements (investigation claim), report providing information detailed in s. NR 716.15 (investigation claim), evidence of the source of the petroleum product discharge and the degree and extent of the soil or water contamination resulting from the discharge, proof of payment of costs incurred in remediation, approval of closed remedial action, responsible party's social security number or federal tax identification number, and other forms available from the department necessary for claim processing. 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.
(3) REQUEST FOR ADDITIONAL INFORMATION.(a) Once the department has begun the review of a claim, the department may request that additional information be submitted 15 business days from the date of the request. Otherwise, the claim may be deemed incomplete and progress payments may be denied. These claims, when complete, may be rescheduled for review after more recently received complete claims.(b) The department may request additional information from owners, operators or persons owning home oil tank systems, agents, consultants, contractors or subcontractors as necessary.(c) Failure to respond to a request, within the 15 business day response period for additional information, may result in a delay in payment, disallowance of interest costs accrued, action against a consultant, or scheduling a meeting with the responsible party and the department or other individuals.1. The department may disallow interest costs accrued during the period when no response has been received, by issuing a letter stating the intent, on a specified date, to disallow payments on interest costs accrued during this period as specified in par. (c).2. Appeal of disallowed interest costs, shall be conducted as specified in s. NR 747.53.(4) COSTS INCURRED IN REMEDIATION. Only eligible costs, as specified in s. NR 747.30, that have been paid, shall be submitted for an award.Wis. Admin. Code Department of Natural Resources NR 747.12
Cr. Register, February, 1994, No. 458, eff. 3-1-94; r. and recr. (1), am. (2) (c), Register, December, 1998, No. 516, eff. 1-1-99; CR 04-058: am. (1) (intro.), (2) (c) and (4), cr. (1) (j), Register February 2006 No. 602, eff. 5-1-06; correction in (1) (c), (j), (3) (c) 2., (4) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (c), (3) (c) 2., (4) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.