Chapter NR 169

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.