Chapter NR 738

NR 738.12 NR 738.12 Department approval and payment.

NR 738.12(1) (1) General. The department shall evaluate requests for a temporary emergency water supply in accordance with the criteria in ss. NR 738.10 and 738.11.

NR 738.12(2) (2) Ownership. Provision of a temporary emergency water supply shall be contingent upon the affected party entering into a written agreement with the department that the affected party shall own and be responsible for the proper maintenance of any physical equipment constructed or provided as part of the temporary emergency water supply.

NR 738.12(3) (3) Approval. When the department determines that the eligibility criteria in subs. (1) and (2) have been met, the department shall approve the use of environmental fund moneys and shall do all of the following:

NR 738.12(3)(a) (a) Provide the affected party with a written approval for the provision of a temporary emergency water supply within 14 days of receiving the written request.

NR 738.12(3)(b) (b) Make the necessary arrangements for provision of temporary emergency water supplies to the affected party.

NR 738.12(3)(c) (c) Select the most appropriate temporary emergency water supply.

NR 738.12(4) (4) Payment. The department shall pay 100% of the eligible costs for providing a temporary emergency water supply using moneys from the environmental fund as long as moneys are available in the fund.

NR 738.12 Note Note: The department does not have statutory authority to use environmental fund moneys to provide temporary or permanent water supplies if the substances of public health concern are from naturally occurring sources of contamination. If the department discovers that the source of the substances is from natural processes after department funding is approved, the department will terminate funding of the temporary emergency water supply. The variance provision in s. NR 738.14 does not allow the department to continue to use environmental fund moneys where the source of a substance of public health concern is not from a hazardous substance discharge or environmental pollution from a site or facility.

NR 738.12 History History: Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 12-023: 738.12 renum. from 738.07, am. (1), (3) (intro.), cr. (3) (c) Register October 2013 No. 694, eff. 11-1-13.

NR 738.13 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:

NR 738.13(1) (1) The request is not within the scope of this chapter as determined by the department.

NR 738.13(2) (2) The affected party submits a fraudulent request.

NR 738.13(3) (3) The request is for reimbursement of costs incurred before the date of issuance of an advisory.

NR 738.13(4) (4) One or more of the contaminants was introduced into the well by the plumbing connected to the well.

NR 738.13(5) (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.

NR 738.13(6) (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.

NR 738.13(7) (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).

NR 738.13(8) (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.

NR 738.13 History History: 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.

NR 738.14 NR 738.14 Variances.

NR 738.14(1) (1) General. The department may approve variances from provisions of this chapter when it is determined that variances do not conflict with statutory requirements, are essential to effect necessary actions or department objectives, and where special circumstances make variances in the best interests of the state.

NR 738.14(2) (2) Financial hardship.

NR 738.14(2)(a) (a) The department may grant a variance from s. NR 738.06 to allow payment of costs under this chapter toward a permanent replacement water supply if the following conditions are met:

NR 738.14(2)(a)1. 1. The well owner is the affected party.

NR 738.14(2)(a)2. 2. The well owner requests a variance based upon the financial hardship criteria in par. (c) and submits evidence, including family income, to justify the financial hardship claim.

NR 738.14(2)(a)3. 3. The well owner has submitted a claim and has been issued an award or a proceed notice under s. NR 123.23.

NR 738.14(2)(a)4. 4. The department determines that the cost of the permanent replacement water supply would create an unreasonable financial hardship for the well owner.

NR 738.14(2)(b) (b) The variance request may be incorporated as part of a claim under ch. NR 123.

NR 738.14(2)(c) (c) If the department grants a financial hardship variance to allow payment of costs toward a permanent replacement water supply, payment shall be based on the following:

NR 738.14(2)(c)1. 1. If the annual family income of the well owner is 50% or less of the county median income for the county in which the residence is located, as determined in accordance with s. NR 123.20, the department may pay 100% of the remaining eligible costs which are not covered by an award under s. NR 123.24, less a deductible amount of $250.

NR 738.14(2)(c)2. 2. If the annual family income of the well owner is more than 50% but not more than 75% of the county median income for the county in which the residence is located, as determined in accordance with s. NR 123.20, the department may pay 50% of the remaining eligible costs which are not covered by an award under s. NR 123.24, less a deductible amount of $250.

NR 738.14(2)(c)3. 3. Notwithstanding sub. (2), if an award or a proceed notice has been issued under s. NR 123.23, and if the well owner’s share of eligible costs for the permanent replacement water supply exceeds 25% of the annual family income of the well owner, the department may pay the remaining eligible costs which are not covered by an award under s. NR 123.24, less a deductible amount of 5% of the annual family income.

NR 738.14(2)(d) (d) The department may pay the greater share of the eligible costs computed under par. (c).

NR 738.14 History History: Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 12-023: 738.14 renum. from 738.09, am. (2) (c) 3., cr. (2) (d) Register October 2013 No. 694, eff. 11-1-13, correction in (2) (c) 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2013 No. 695.