Register July 2005 No. 595
Chapter NR 169
DRY CLEANER ENVIRONMENTAL RESPONSE PROGRAM
NR 169.07 Eligible applicants. NR 169.09 Eligible actions. NR 169.11 Requirements for reimbursement. NR 169.15 Site hazard categorization system. NR 169.17 Allocation of reimbursement assistance. NR 169.19 Reimbursement applications. NR 169.21 Reimbursement awards. NR 169.23 Consulting and contract services. NR 169.25 Legal ramifications of awards. NR 169.27 Administration of reimbursement awards. NR 169.31 Evaluation and termination of the program. Ch. NR 169 NoteNote: Chapter NR 169 as it existed on May 31, 2003 was repealed and a new chapter NR 169 was created Register May 2003 No. 569, effective June 1, 2003; Chapter NR 169 as it existed on July 31, 2005, was repealed and a new chapter NR 169 was created effective August 1, 2005. NR 169.01NR 169.01 Purpose. This chapter establishes rules promulgated under s. 292.65, Stats., to implement and administer a program to reimburse eligible applicants for a portion of their costs associated with the investigation and cleanup of soil or groundwater, or both, contaminated by a discharge of a dry cleaning product from a dry cleaning facility. NR 169.01 HistoryHistory: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05. NR 169.03NR 169.03 Applicability. This chapter applies to all applicants for and recipients of reimbursements of costs paid to investigate and remediate soil and groundwater contaminated by a discharge of a dry cleaning product. Compliance with s. 292.11, Stats., this chapter and chs. NR 700 to 749 is a prerequisite to eligibility for reimbursement under s. 292.65, Stats. NR 169.03 HistoryHistory: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05. NR 169.05NR 169.05 Definitions. In this chapter: NR 169.05(1)(1) “Consultant” means a person or business under contract to perform a response action regulated or subject to regulation under chs. NR 702 to 736. NR 169.05(2)(2) “Contract services” means services provided by a contractor as part of a response action. Contract services includes all of the following services: NR 169.05(2)(e)(e) Drilling, including at–depth soil sampling and well installation. NR 169.05(2)(f)(f) Backfilling and grading, including provision of backfill material. NR 169.05(3)(3) “Contractor” means a person who contracts to perform all or part of a response action. Contractor includes a consultant, general contractor or subcontractor who contracts to perform all or part of a response action, but does not include an owner or operator or an employee of an owner or operator. NR 169.05(4)(4) “Department” means the department of natural resources. NR 169.05(5)(5) “Dry cleaner environmental response council” means the council created under s. 15.347 (2), Stats. NR 169.05(6)(6) “Dry cleaning” means to clean with a dry cleaning product. NR 169.05 NoteNote: Section 292.65 (1) (d), Stats., states that a dry cleaning facility means a facility for dry cleaning apparel or household fabrics for the general public using a dry cleaning product other than a facility that is one of the following: NR 169.05 Note1. A coin–operated facility.
NR 169.05 Note2. A facility that is located on a U.S. military installation.
NR 169.05 Note3. An industrial laundry.
NR 169.05 Note4. A commercial laundry.
NR 169.05 Note5. A linen supply facility.
NR 169.05 Note6. A facility that is located at a prison or other penal institution.
NR 169.05 Note7. A facility that is located at a nonprofit hospital or at another nonprofit health care institution.
NR 169.05 Note8. A facility that is located on property that is owned by the federal government or by this state or that is located on property that was owned by the federal government or by this state when the facility was operating.
NR 169.05 Note9. A formal wear rental firm.
NR 169.05 NoteNote: Section 292.65 (1) (ek), Stats., defines “formal wear” to include tuxedos, suits and dresses, but does not include costumes, table linens and household fabrics. NR 169.05 NoteNote: Section 292.65 (1) (em), Stats., defines a “formal wear rental firm” as a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public. NR 169.05 NoteNote: To qualify as a “dry cleaning facility” under s. 292.65 (1) (d), Stats., a facility must be capable of performing dry cleaning and thus must contain operational dry cleaning equipment. Under s. 292.65 (1) (i), Stats., a “dry cleaning facility” operating on or after October 14, 1997 must have been licensed under s. 77.9961, Stats., for its owners or operators to be eligible for reimbursement under s. 292.65, Stats. NR 169.05 NoteNote: Section 292.65 (1) (e), Stats., states that “dry cleaning product” means a hazardous substance used to clean apparel or household fabrics, except for a hazardous substance used to launder apparel or household fabrics. NR 169.05(9)(9) “Dry store” means a retail outlet specifically for dropping off and picking up apparel or household fabrics that are then transported to a dry cleaning facility for dry cleaning activities, but where dry cleaning does not occur. NR 169.05(10)(10) “Eligible costs” means costs for which the department is authorized to pay reimbursement under this chapter. NR 169.05(11)(11) “Fiscal year” means the period beginning on July 1 and ending on the following June 30. NR 169.05 NoteNote: ”Fiscal year” means the state fiscal year and means the same as ”program year” as defined in s. 292.65 (1) (j), Stats. NR 169.05(12)(12) “General contractor” means a consultant or other contractor who, on behalf of an owner or operator, secures or directs the services of other contractors related to a response action. General contractor includes a person who solicits or receives contract bids, prepares contracts, directs response actions performed by others, or enters into contracts with subcontractors to perform response actions. NR 169.05(12m)(12m) “High priority site” means the site of a discharge of dry cleaning product if at least one of the following applies: NR 169.05(12m)(a)(a) Dry cleaning product is present at or above preventive action limits in any well used to provide water for human consumption. NR 169.05(12m)(b)(b) Concentration of dry cleaning product in groundwater exceeds one-tenth solubility levels expected for that product.
