NR 747.30(2)(f)1.
1. Costs, other than costs for compensating third parties for bodily injury and property damage, which the department determines to be unreasonable or unnecessary to carry out the remedial action activities as specified in the approved remedial action plan;
NR 747.30(2)(f)2.
2. Costs associated with third-party actions by adjoining property owners for the installation of monitoring wells or other cleanup-related items unless a court judgment has been obtained;
NR 747.30(2)(f)3.
3. Costs associated with third-party damages from a discharge originating from an aboveground storage tank;
NR 747.30(2)(f)5.
5. Any costs associated with an appeal of a determination specific to the scope of this chapter; and
NR 747.30(2)(f)6.
6. Other attorney fees including, but not limited to, legal advice, appeals, or other representation on behalf of the responsible party or agent.
NR 747.30(2)(g)
(g) Supervisory and management costs that the department determines to be unreasonable or unnecessary in carrying out the remedial action activities under this chapter:
NR 747.30(2)(g)1.
1. Supervisory or management costs when a municipality or company uses their own personnel or personnel from a wholly- or partially-owned subsidiary for remedial activities;
NR 747.30(2)(g)2.
2. Costs for supervisory or management activities conducted by owners or operators;
NR 747.30(2)(g)3.
3. Costs incurred by a responsible party associated with bid requirements or project administration such as consultant selection, monitoring or supervising subcontractors or consultants;
NR 747.30(2)(h)
(h) Any costs, excluding for an emergency action, incurred before a confirmed discharge is reported to the department.
NR 747.30 Note
Note: See s.
NR 747.305 for further ineligible costs associated with loans.
NR 747.30(2)(k)
(k) Costs determined by the department to be excessive, as defined by the usual and customary cost schedule periodically established by the department under
s. NR 747.325.
NR 747.30(2)(o)
(o) Costs for any work performed after submittal of the notice of completion of an investigation under
s. NR 747.62 (4) and prior to the department's issuance of a response to the responsible party and the consulting firm under
s. NR 747.62 (5).
NR 747.30(2)(p)
(p) Costs for any work performed more than 5 business days after the department issues a decision under
s. NR 747.62 (5) that an occurrence is subject to the public bidding process in
s. NR 747.68, if the work is conducted outside of that process.
NR 747.30(2)(q)
(q) Costs for any work that is performed after submittal of a written deferral notice under
s. NR 747.63 (5) (c) and prior to a departmental authorization to proceed with additional activities.
NR 747.30(2)(r)
(r) Costs for any unauthorized work performed more than 5 business days after the department issues a directive or notice under
s. NR 747.64 (1) about using the public bidding process in
s. NR 747.68.
NR 747.30(2)(s)
(s) Costs for any unauthorized services that are performed by any party other than a firm which submitted a bid under
s. NR 747.68 (2) and with which a contract is executed under
s. NR 747.69, if they are conducted after the qualified low bid is determined
under
s. NR 747.68 (3).
NR 747.30 Note
Note: For the purposes of pars. (o) to (s), costs for preparing or submitting a claim are eligible for reimbursement, regardless of when those costs are incurred.
NR 747.30(2)(u)
(u) Costs for unauthorized work performed more than 5 business days after the department issues a disqualification notice under
s. NR 747.70 (4) (d).
NR 747.30(2)(v)
(v) Costs for any work performed between the due date of any submittal required under this subchapter and the date a past-due submittal is actually submitted.
NR 747.30(2)(x)
(x) Costs incurred that exceed caps established by the department unless written department approval is received prior to performance of the corresponding work.
NR 747.30(3)(a)1.1. The costs in
par. (b) are considered to be grossly ineligible for reimbursement.
NR 747.30(3)(a)2.
2. An award for a claim which includes any costs in
par. (b) and which was prepared and submitted by an owner or operator or person owning a home oil tank system shall be reduced to exclude those costs, and shall then be further reduced by 50 percent of the total amount of those costs.
NR 747.30(3)(a)3.
3. A consultant who prepares a submitted claim that includes any costs in
par. (b) shall pay to the department an amount equal to 50 percent of the total amount of those costs, and the award for the claim shall be reduced to exclude those costs.
NR 747.30(3)(b)2.
2. Costs for cleanup resulting from spills from petroleum transportation equipment.
NR 747.30(3)(b)3.
3. Costs for investigations or remedial action activities conducted outside the state of Wisconsin.
NR 747.30(3)(b)4.
4. Costs associated with emptying, cleaning, or disposing of storage tank systems, and other costs associated with closing or removing any petroleum product storage tank system or home oil tank system after November 1, 1991 — unless the claimant has a contract for those services that was signed before November 1, 1991; or has a loan agreement, note, or commitment letter for a loan for the purposes of conducting those services, that was executed before November 1, 1991.
NR 747.30(3)(b)5.
5. Laboratory rush charges, unless related to an approved emergency action.
NR 747.30(3)(b)7.
7. Costs associated with tank-system upgrades or retrofits, and any corresponding compliance with other state or federal rules or laws, and future business plans.
NR 747.30(3)(b)8.
8. Costs for repairing, retrofitting, or replacing a petroleum product storage system or home oil tank system, such as for tank bedding materials or fill for setting tanks, lines, or canopies.
NR 747.30(3)(b)9.
9. Costs associated with capital improvements, reinstallation of electrical power, dispensers, pumps, or other items for retrofits, upgrades, or new construction, unless written department approval is received prior to performance of the corresponding work.
NR 747.30(3)(b)10.
10. Costs associated with concrete, blacktop replacement, on-site landscaping, or other improvements; except for depreciation costs for third-party actions, or for asphalt or concrete patching associated with well abandonment, or where written department approval is received prior to performance of the corresponding work.
NR 747.30(3)(b)11.
11. Costs associated with razing of buildings, removal of roads, removal of footings and foundations, or other destruction of structures, or other redevelopment costs, unless written department approval is received prior to performance of the corresponding work.
NR 747.30(3)(b)12.
12. The opportunity cost of money, or interest income or dividend income lost because of a decision to use internal funding for a remediation.
NR 747.30(3)(b)13.
13. Subcontractor markups for work performed after January 31, 1993. This subdivision does not apply to work that is included in a public bidding contract executed under
s. NR 747.69 (1).
NR 747.30(3)(b)14.
14. Costs associated with general program support and office operation which are expected to be included in the hourly staff rates, such as telephone charges, photocopying, faxes, paper, printing, postage, hand tools, personal protective equipment, computer equipment, computer-aided-design, and software charges.
NR 747.30 Note
Note: For the purposes of this section, photo ionization detectors, flame ionization detectors, electronic equipment, and sampling kits are not considered hand tools.
NR 747.30(3)(b)15.
15. Costs reimbursed by insurance companies unless performing in an agent role.
NR 747.30(3)(b)16.
16. Costs associated with fees required by any other state agency, such as fees authorized by s.
292.55, Stats., and fees listed in
ch. NR 749, except department closure review fees incurred prior to October 29, 1999.
NR 747.30(4)
(4) Claims including ineligible costs. Claims submitted which include ineligible costs shall be considered incomplete and may be returned to the claimant for recalculation, revision and re-submittal. The claim shall be rescheduled for review when the ineligible costs have been removed and the claim received by the department. The department may disallow interest costs accrued during the non-response period, as specified in
s. NR 747.12 (3) (a).
NR 747.30(5)
(5) Areas of contamination containing eligible and ineligible products. When an area of contamination is identified which contains both eligible and ineligible products under the fund, the following shall apply:
NR 747.30(5)(a)
(a) Costs associated with the eligible products may be claimed. Any costs that are required only because of the presence of an ineligible product may not be claimed.
NR 747.30(5)(b)
(b) The owner or operator and the department shall be notified immediately. The consultant, in conjunction with the owner or operator, shall propose a methodology to the department for dividing the costs of remediation between the eligible and ineligible products. Department approval of a methodology shall be obtained by the owner or operator prior to the submittal of any claims.
NR 747.30 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94; r. and recr. (4),
Register, December, 1998, No. 516, eff. 1-1-99;
CR 04-058: renum. (1) (a) to be Comm 47.10 (1) (a) 3. and am., renum. (1) (intro.), (2) (a) 2., 5. to 7., 9., 10., 14., 15., (d) 3. to 5., 7., (e) 4., (3) and (4) to be (2) (a) 1. to 8., (d) 1. to 4., (e) 3., (4) and (5) and am. (1) (a), (2) (a) 7., and (5) (intro.) and (a), am. (1) (b) 2., 4., (2) (b) 7. and 8., r. (1) (b) 5., (2) (a) 1., 3., 4., 8., 11. to 13., (c) 3., (d) (intro.), 1., 2., 6., 8., and (e) 3., r. and recr. (2) (h) to (k), cr. (2) (L) to (x) and (3),
Register February 2006 No. 602, eff. 5-1-06; correction in (1) (b) 1., (2) (d) 2., (i) to (u), (3) (b) 13., (4) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
corrections in (1) (b) 1., (c) 4., (2) (intro.), (a) 7., (b) 7., (c) 2., (d) 2., (h) to (u), (3) (b) 16., (4) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694. NR 747.305
NR 747.305 Costs associated with loans. NR 747.305(1)(a)(a)
Allowability of interest costs. The fund will reimburse interest expense if a loan is specifically secured for a remediation and the proceeds are applied only to the cleanup at the site. To be eligible, interest costs cannot be combined with retrofits or construction loans and shall be site specific. Reasonable money management shall be practiced to avoid unnecessary accrual of interest charges. Interest expenses shall be managed in the most cost-effective manner possible and invoices shall be paid in a timely manner to avoid interest costs or late charges. If a line of credit is used to provide funding for a remediation, clear documentation shall be provided on the disbursements and interest expenses.
NR 747.305(1)(b)
(b)
Ineligible interest expenses. The PECFA fund shall not reimburse for the following items:
NR 747.305(1)(b)1.
1. The opportunity cost of money or interest income or dividend income lost because of a decision to use internal funding for a remediation;
NR 747.305(1)(b)4.
4. Additional interest costs accrued for the use of PECFA loan proceeds to earn money or for investment purposes.
NR 747.305 Note
Note: Section
292.63 (4) (c) 8., Stats., reads as follows: “Interest costs incurred by an applicant that exceed interest at the following rate:
NR 747.305 Note
a. If the applicant has gross revenues of not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.
NR 747.305 Note
b. If the applicant has gross revenues of more than $25,000,000 in the most recent tax year before the applicant submits a claim, 4%."
NR 747.305 Note
Note: Section
292.63 (4) (cc), Stats., reads as follows: “
Ineligibility for interest reimbursement. 1. a. Except as provided in subd. 1m. or 2., if an applicant's final claim is submitted more than 120 days after receiving written notification that no further remedial action is necessary with respect to the discharge, interest costs incurred by the applicant after the 60th day after receiving that notification are not eligible costs.
NR 747.305 Note
c. Except as provided in subd. 2., if an applicant does not complete the investigation of the petroleum product discharge by the first day of the 61st month after the month in which the applicant notified the department under sub. (3) (a) 3. or October 1, 2003, whichever is later, interest costs incurred by the applicant after the later of those days are not eligible costs.
NR 747.305 Note
1m. If an applicant received written notification that no further remedial action is necessary with respect to a discharge before September 1, 2001, and the applicant's final claim is submitted more than 120 days after September 1, 2001, interest costs incurred by the applicant after the 120th day after September 1, 2001, are not eligible costs.
NR 747.305 Note
2. Subdivision 1. does not apply to any of the following:
NR 747.305 Note
a. An applicant that is a local unit of government, if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.
NR 747.305 Note
b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s.
238.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment."
NR 747.305 Note
Note: Other sections of this code may also specify interest costs that are ineligible for reimbursement, such as ss.
NR 747.12 (3) (c) and
747.30 (2) (i) and
(j).
NR 747.305(1)(c)1.1. The following maximum rates are established for loans secured after January 31, 1993, and before October 15, 1997, for the purposes of a remediation:
NR 747.305(1)(c)1.a.
a. Interest rate shall be reimbursable at no more than 2% above the prime rate.
NR 747.305(1)(c)1.b.
b. Loan origination fees from the same lender shall be reimbursable only once, and at no more than 2 points of the loan principal. Where a later, larger loan is obtained to pay off a preceding loan, the origination fee for the portion of the later loan that equals the preceding principal will not be reimbursed. A duplicative loan origination fee from a subsequent lender will not be reimbursed, unless the preceding loan was terminated by a different lender.
NR 747.305(1)(c)2.
2. The following maximum rates are established for loans secured on or after October 15, 1997, for the purposes of a remediation:
NR 747.305(1)(c)2.a.
a. Interest rate shall be reimbursable at no more than 1% above the prime rate.
NR 747.305(1)(c)2.b.
b. Loan origination fees from the same lender shall be reimbursable only once, and at no more than 2 points of the loan principal. Where a later, larger loan is obtained to pay off a preceding loan, the origination fee for the portion of the later loan that equals the preceding principal will not be reimbursed. A duplicative loan origination fee from a subsequent lender will not be reimbursed, unless the preceding loan was terminated by a different lender.
NR 747.305(1)(d)
(d)
Annual services fees. Annual loan service fees charged on or before April 20, 1998, shall be reimbursable at no more than 1% of the unreimbursed amount and remaining available loan balance. Annual loan service fees charged after April 20, 1998, shall be reimbursable at no more than 1% of the outstanding unreimbursed loan amount.
NR 747.305(1)(e)
(e)
Documentation. A copy of the loan agreement documenting the interest rate, loan origination fees, and other costs, shall be submitted when requested by the department.
NR 747.305(1)(f)
(f)
Lending agreements. In lieu of the maximum rates specified in
par. (d), the department may negotiate agreements with lending institutions to obtain lower rates. The department may solicit proposals from lending institutions to supply loans for PECFA remediations.
