Chapter NR 169

NR 169.25 Note (b) Action to recover awards. The attorney general shall take appropriate actions to recover awards to which the state is entitled under par. (a). The department shall request that the attorney general take action if the department discovers a fraudulent application after an award is issued.

NR 169.25 Note (c) Disposition of funds. The net proceeds of the recovery under par. (b) shall be paid into the dry cleaner environmental response fund.

NR 169.25(5) (5) Liability. This chapter does not create liability except as provided in s. 292.65 (10), Stats.

NR 169.25 Note Note: Section 292.65 (10), Stats., provides that: (a) No common law liability, and no statutory liability that is provided in a statute other than s. 292.65, Stats., for damages resulting from a dry cleaning facility is affected by this section. Except as provided in par. (b), the authority power and remedies provided in this section are in addition to any authority, power or remedy provided in any statute other than this section or provided at common law.

NR 169.25 Note (b) An award under this section is the exclusive method for the recovery of the amount of eligible costs equal to the amount of the award that may be issued under this section.

NR 169.25 Note (c) If a person conducts a remedial action activity for a discharge at a dry cleaning facility site, whether or not the person files an application under this section, the remedial action activity conducted and any application filed under this section are not evidence of liability or an admission of liability for any potential or actual environmental pollution.

NR 169.25(6) (6) Penalties. No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this chapter. Penalties for making the statements shall be assessed as indicated in s. 292.99 (1m) and (2), Stats.

NR 169.25 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.

NR 169.27 NR 169.27 Administration of reimbursement awards.

NR 169.27(1) (1) Records, retention and auditing. An owner or operator who receives reimbursement shall retain all records pertaining to the project for a period of 3 years after the date of final payment and, upon request, shall make the records available to the department. Records requests by the department shall allow at least 48 hours for the records to be made available by the owner or operator who receives reimbursement.

NR 169.27(2) (2) Disputes.

NR 169.27(2)(a) (a) Decision of the department. Except as otherwise provided by law, the department shall decide any dispute regarding or arising under a reimbursement award, including disputes regarding decisions under s. NR 169.21 (1) (d) to (5). The department shall notify the reimbursement recipient of its decision in writing by personal service or by certified mail with return receipt requested.

NR 169.27(2)(b) (b) Review of the decision. A decision of the department made pursuant to this subsection shall be final unless within 30 days from the date of the decision, the recipient serves the secretary by personal service or certified mail with return receipt requested with a written petition requesting an administrative hearing and specifically stating the disputed facts or law which warrant a modification or reversal of the decision. Petitions are deemed filed upon receipt by the department. Any review of a department decision filed pursuant to this paragraph shall be treated as a contested case and adjudicated in accordance with ch. 227, Stats., and ch. NR 2.

NR 169.27(3) (3) Reimbursement termination.

NR 169.27(3)(a) (a) The department and an owner or operator who receives reimbursement may enter into an agreement to terminate the reimbursement award at any time under this subsection. The termination agreement shall establish the effective date of termination of the reimbursement, the basis for settlement of award termination costs, and the amount and date of payment of any sums due any party.

NR 169.27(3)(b) (b) The department may terminate a reimbursement award in whole or in part, and require the owner or operator who received reimbursement to repay all or part of the reimbursement amount, if the department determines any of the following apply:

NR 169.27(3)(b)1. 1. There has been no substantial performance on the project by the owner or operator who received reimbursement.

NR 169.27(3)(b)2. 2. There is substantial evidence that reimbursement was obtained on the basis of inaccurate or erroneous information or by fraud.

NR 169.27(3)(b)3. 3. The owner or operator who received reimbursement has failed to comply with the provisions of this chapter.

NR 169.27(4) (4) Enforcement. The department may impose any of the following sanctions upon an owner or operator who receives an award but fails to comply with the provisions of this chapter:

NR 169.27(4)(a) (a) The department may terminate the reimbursement award in accordance with sub. (3).

NR 169.27(4)(b) (b) The department may declare project costs directly related to the noncompliance ineligible for reimbursement funding.

NR 169.27(4)(c) (c) The department may seek recovery of awards it paid under this chapter.

NR 169.27 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.

NR 169.29 NR 169.29 Variances.

NR 169.29(1) (1) General. The department may approve a variance from any nonstatutory requirement of this chapter. In considering a variance request, the department shall take into account factors such as good cause, circumstances beyond the control of the owner or operator seeking reimbursement, whether the variance is essential to effect necessary actions or departmental objectives, and whether special circumstances make the variance in the best interest of the state.

NR 169.29(2) (2) Request for variance. An owner or operator submitting an award application and requesting a variance shall submit a written request for a variance to the department as far in advance as the situation will permit. Each request shall contain all of the following:

NR 169.29(2)(a) (a) The name of the person requesting the variance and the name and telephone number of a contact person familiar with the variance request.

NR 169.29(2)(b) (b) An explanation of why the variance is needed, including the factual basis for the variance request and the specific provision of this chapter from which a variance is sought.

NR 169.29(2)(c) (c) Within 30 days of receiving a request, the department shall mail the applicant for a variance a written decision stating the reasons or basis for the decision.

NR 169.29 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.

NR 169.31 NR 169.31 Evaluation and termination of the program.

NR 169.31(1) (1) Advisory council.

NR 169.31(1)(a) (a) The dry cleaner environmental response council created under s. 15.347 (2), Stats., shall have the following responsibilities:

NR 169.31(1)(a)1. 1. To advise the department on rules promulgated to implement s. 292.65, Stats.

NR 169.31(1)(a)2. 2. To evaluate the dry cleaners environmental cleanup program at least every 5 years using criteria established by the council.

NR 169.31(1)(b) (b) The council shall meet at least annually at the call of the chairperson, a majority of its members, or at the request of the department.

NR 169.31(1)(c) (c) Each member shall be reimbursed for actual and necessary travel and meal expenses incurred in the performance of their duties in accordance with current state travel expense guidelines.

NR 169.31(1)(d) (d) A majority of members of the council shall constitute a quorum to conduct business and take actions.

NR 169.31(2) (2) Sunset. This program ends on June 30, 2032.

NR 169.31 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.