NR 169.17(1)(1)
Fund allocation. The department shall allocate funding based on statutory spending authority and as provided under this section. The department shall also determine the amount of any unused funds at the end of each fiscal year which were previously allocated to immediate actions and may reallocate those funds as provided in
sub. (2).
NR 169.17(2)
(2) Classes of actions. Funding available for eligible costs shall be allocated among the following classes of actions. Costs submitted for reimbursement shall be classified as one of the following:
NR 169.17(2)(a)
(a)
Immediate actions. 9.7% of the funds collected each fiscal year shall be reserved to reimburse costs associated with immediate actions. In the fourth quarter of each fiscal year, the department may transfer all or part of the unused funds which were set aside to reimburse costs of immediate actions to the fund which reimburses site investigations or remedial actions under this subsection.
NR 169.17(2)(b)1.1. Any funds not allocated under
par. (a) shall be reserved to reimburse costs associated with site investigation and remedial actions. Funds available in this class shall be allocated as follows:
NR 169.17(2)(b)2.
2. The department may transfer unused funds between high, medium and low priority sites as identified in this subsection to meet application needs.
NR 169.17(3)(a)(a)
Immediate actions. Immediate actions shall be reimbursed based on the date on which the department receives the completed application.
NR 169.17(3)(b)
(b)
Site investigations and remedial actions. Site investigations and remedial actions shall be placed within one of 3 site hazard categories determined by the department in
s. NR 169.15 and reimbursed within each site hazard category based on the date on which the department receives the completed application.
NR 169.17 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05.
NR 169.19
NR 169.19 Reimbursement applications. NR 169.19(1)(1)
Timing of applications. An eligible applicant shall submit an application within the dates required by s.
292.65 (8) (a), Stats.
NR 169.19 Note
Note: Section
292.65 (8) (a), Stats., provides that an owner or operator may not submit an application if the owner or operator submits the notification of potential claim under sub. (4) (c) after August 30, 2008.
NR 169.19(2)
(2) Contents of applications. An owner or operator who seeks reimbursement of response action costs shall complete and submit to the department all the following:
NR 169.19 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.19(2)(a)1.
1. The owner or operator's name and address and a statement indicating how the applicant qualifies as an owner or operator under
s. NR 169.07.
NR 169.19(2)(a)2.
2. If an agent of the owner or operator is directing the response action, the name, address and phone number of the agent and a dated copy of the agency agreement.
NR 169.19(2)(a)3.
3. A statement indicating whether the owner or operator has applied or will apply to another department program or another government agency for reimbursement of response action costs incurred for the same facility.
NR 169.19(2)(a)4.a.
a. Names, addresses and phone numbers of all co–owners and all co–operators.
NR 169.19(2)(a)4.b.
b. A certification that the owner or operator has made a reasonable effort to notify other owners or operators.
NR 169.19(2)(a)5.
5. Dry cleaner facility information including information on whether the facility is still operating or operable, pollution prevention measures implemented and information on the construction of the facility.
NR 169.19(2)(a)7.
7. Consultant information, including the contact name and business name.
NR 169.19(2)(a)8.
8. Insurance information, including a statement indicating whether any portion of the response action costs for which the owner or operator seeks reimbursement may be covered by insurance, or a statement from the owner's or operator's insurance company stating that the insurance company has denied the owner's or operator's claim for reimbursement of the response action costs
NR 169.19(2)(b)
(b) A reimbursement cost summary form containing all the following:
NR 169.19 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.19(2)(b)1.
1. The total eligible response action costs for which the owner or operator seeks reimbursement from the department and a breakdown of those costs into the categories listed in
par. (e).
NR 169.19(2)(c)
(c) A map showing the town, range, section and quarter–quarter section location of the facility.
NR 169.19(2)(d)
(d) An accurate legal description of the land parcel where the facility is located which corresponds to the most recent accurate parcel description filed with the register of deeds in the county where the land parcel is located.
NR 169.19(2)(e)
(e) A cost detail worksheet form which lists and identifies each eligible response action cost for which the applicant seeks reimbursement from the department, indicates whether the response action cost was for an immediate action, interim remedial action, site investigation or remedial action, and allocates cost to one of the following categories:
NR 169.19 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.19 Note
Note: Section
292.65 (8) (j), Stats., provides that if any person applies for reimbursement of an ineligible cost, the department may deduct 50% of the amount of that cost from that person's eligible reimbursement claim. An owner or operator who is not certain whether a cost is eligible for reimbursement under this chapter may contact the department for a preliminary opinion under s.
NR 169.19 (1).
NR 169.19(2)(f)
(f) Invoices or other information documenting and cross referencing each of the costs listed under
par. (e) and identifying the nature of the materials or services provided, the amount charged for the materials or services, the identity of the provider, and the dates on which the materials or services were provided
NR 169.19(2)(g)
(g) Canceled checks or other information documenting that the applicant has paid all of the costs under
par. (e), and cross referenced to the statement provided under
par. (e).
NR 169.19(2)(h)
(h) For each cost listed under
par. (e), a copy of the accepted bid proposal as well as a cumulative listing of all change orders to the original bid proposal approved to date.
NR 169.19(2)(i)
(i) A spreadsheet that identifies and cross references each cost in
par. (e) with the documentation under
pars. (f) and
(g) supporting that cost.
NR 169.19(2)(j)
(j) A substitute W–9 tax form completed by the owner or operator applying for reimbursement.
NR 169.19 Note
Note: Reimbursement paid to an owner or operator under this chapter may be reported as taxable income received by that person.
NR 169.19 Note
Note: Contact the Department of Natural Resources, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707, for free application materials, including illustrative examples and the forms required under this section.
NR 169.19(2)(L)
(L) A statement indicating whether the owner or operator has had past discharges at the facility for which a closure has been granted by the department.
NR 169.19(2)(m)
(m) A record of investigation results and data interpretation.
NR 169.19(2)(n)
(n) Contracts for eligible costs incurred because of the discharge and records of the contract negotiations.
NR 169.19(3)(a)(a) Each reimbursement application shall include all eligible response action costs paid after the date an applicant's last application was submitted and before or on the date the current application is submitted.
NR 169.19(3)(b)
(b) An owner or operator may not apply for reimbursement of eligible response action costs paid before the date of a prior reimbursement application to the department, unless those costs were not eligible for reimbursement under this chapter at the time of the prior application.
NR 169.19(4)(a)(a) An owner or operator shall submit applications for immediate and interim actions as specified in
s. NR 169.11.
NR 169.19(4)(b)
(b) An owner or operator may submit an application for reimbursement of site investigation costs when a complete
ch. NR 716 site investigation report is submitted to and approved by the department.
NR 169.19(4)(c)
(c) An owner or operator who incurs costs for a
ch. NR 716 site investigation may submit a request for reimbursement prior to completing the site investigation report. The minimum reimbursement request shall be $15,000 and only one reimbursement request may be submitted within any fiscal year. No more than 3 reimbursement requests, each accompanied by a summary of work completed through the date of the last invoice may be submitted prior to submittal of the site investigation report. A final reimbursement request may be submitted upon department approval of the site investigation report.
NR 169.19(4)(d)
(d) Not including the final application submitted after closure has been granted, an owner or operator may not submit more than 2 applications for remedial action reimbursement for each facility in a fiscal year.
NR 169.19 Note
Note: An owner or operator may submit applications for immediate actions, interim actions or site investigation reimbursement all within the same fiscal year. The number of applications submitted for remedial actions each year is limited to prevent too frequent submittals of costs such as operation and maintenance.
NR 169.19(5)(a)(a) No person may make, or conspire with another person to make, any false, deceptive or misleading representation in connection with any reimbursement application under this chapter.
NR 169.19(5)(b)
(b) Any person who makes or conspires with another person to make any false, deceptive or misleading representation in connection with a reimbursement application under this chapter is ineligible for any reimbursement for that response action or any other response action taken or ordered at any dry cleaning facility within 5 years after the date of that application.
NR 169.19 Note
Note: Persons filing fraudulent claims may also be subject to criminal prosecution.
NR 169.19(5)(c)
(c) Any person who has reason to believe that that person has received any reimbursement for which that person is ineligible under this section shall immediately notify the department and shall refund with the notification the full amount of any reimbursement for which that person is ineligible.
NR 169.19 Note
Note: Section
292.65 (9) (b), Stats., provides that the department shall ask the attorney general to take action to recover awards which were issued for applications which were fraudulent or to owners or operators who received awards but did not meet the requirements of s.
292.65, Stats.
NR 169.19 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05;
CR 12-023: am. (4) (c)
Register October 2013 No. 694, eff. 11-1-13;
reprinted to restore omitted copy in (4) (c), Register November 2013 No. 695. NR 169.21(1)(a)(a)
Preliminary opinion. The department may issue a preliminary opinion which is not binding on the department on whether an applicant is eligible for reimbursement of response action costs.
NR 169.21(1)(b)
(b)
Notice acknowledging application. Within 30 days after the department receives an application under
s. NR 169.19, the department shall issue a written notice to the applicant acknowledging receipt of the application.
NR 169.21(1)(c)
(c)
Request for additional information. Following receipt of an application under
s. NR 169.19, the department may require an applicant to submit any additional information that may be relevant to the department's review of the application.
NR 169.21(1)(d)
(d)
Decision. Within 90 days after the department receives a complete application under
s. NR 169.19, including any additional information required by the department under
par. (c), the department shall issue a written decision approving or disapproving the application. The department may approve part of an application, or approve an application subject to conditions specified by the department. In its decision the department shall specify all the following:
NR 169.21(1)(d)1.
1. The amount of eligible costs, if any, for which reimbursement may be paid.
NR 169.21(1)(d)2.
2. The total amount, if any, approved for payment under
s. NR 169.13. The decision shall specify that payment is subject to the terms and conditions specified in this chapter.
NR 169.21(1)(d)3.
3. Any amounts and items not approved and the reasons for that disapproval. The department shall also explain any amounts deducted from the reimbursement application under
sub. (3).
NR 169.21 Note
Note: Section
292.65 (8) (d), Stats., provides that the department shall deny an application if any of the following applies:
NR 169.21 Note
1. The application is not within the scope of the statute.
NR 169.21 Note
2. The applicant submits a fraudulent application.
NR 169.21 Note
3. The applicant has been grossly negligent in the maintenance of the dry cleaning facility.
NR 169.21 Note
4. The applicant intentionally damaged the dry cleaning equipment.
