292.65(5)(b)3.3. That each machine or other piece of equipment in which dry cleaning product is used, or the entire area in which those machines or pieces of equipment are located, is surrounded by a containment dike or other containment structure that is able to contain any leak, spill, or other release of dry cleaning product from the machines or other pieces of equipment.
292.65(5)(b)4.4. That the floor within any area surrounded by a dike or other containment structure under subd. 3. is sealed or is otherwise impervious to dry cleaning product.
292.65(5)(c)(c) The owner or operator of a dry cleaning facility is not eligible for an award under this section unless the owner or operator has implemented the following enhanced pollution prevention measures:
292.65(5)(c)1.1. That the owner or operator manages all wastes that are generated at the dry cleaning facility and that contain dry cleaning product as hazardous wastes in compliance with ch. 291 and 42 USC 6901 to 6991i.
292.65(5)(c)2.2. That the dry cleaning facility does not discharge dry cleaning product or wastewater from dry cleaning machines into any sanitary sewer or septic tank or into the waters of this state.
292.65(5)(c)3.3. That any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct-coupled delivery system.
292.65(7)(7)Eligible costs.
292.65(7)(a)(a) General. Subject to pars. (c), (ce), (cm), and (d), eligible costs for an award under this section include reasonable and necessary costs incurred by the owner or operator of a dry cleaning facility because of a discharge of dry cleaning product at the dry cleaning facility for the following items only:
292.65(7)(a)1.1. Removal of dry cleaning solvents from surface waters, groundwater or soil.
292.65(7)(a)2.2. Investigation and assessment of contamination caused by a dry cleaning product discharge from a dry cleaning facility.
292.65(7)(a)3.3. Preparation of remedial action plans.
292.65(7)(a)4.4. Removal of contaminated soils.
292.65(7)(a)5.5. Soil and groundwater treatment and disposal.
292.65(7)(a)6.6. Environmental monitoring.
292.65(7)(a)7.7. Laboratory services.
292.65(7)(a)8.8. Maintenance of equipment for dry cleaning product recovery performed as part of remedial action activities.
292.65(7)(a)9.9. Restoration or replacement of a private or public potable water supply.
292.65(7)(a)10.10. Restoration of environmental quality.
292.65(7)(a)11.11. Contractor costs for remedial action activities.
292.65(7)(a)12.12. Inspection and supervision.
292.65(7)(a)14.14. Other costs identified by the department as reasonable and necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of s. 292.11.
292.65(7)(b)(b) Costs incurred by 3rd parties.
292.65(7)(b)1.1. In this paragraph, “3rd party” means a person who is not an owner or operator or the agent of an owner or operator.
292.65(7)(b)2.2. Eligible costs for an award under this section include reasonable and necessary costs, up to $15,000, incurred by a 3rd party in the discovery of a discharge of dry cleaning product from an eligible owner’s or operator’s dry cleaning facility before the eligible owner or operator discovered the discharge, notwithstanding noncompliance with the procedural requirements of sub. (4) in relation to the costs incurred by the 3rd party.
292.65(7)(c)(c) Exclusions from eligible costs. Eligible costs for an award under this section do not include the following:
292.65(7)(c)1.1. Costs incurred before October 14, 1997.
292.65(7)(c)2.2. Costs of retrofitting or replacing dry cleaning equipment.
292.65(7)(c)3.3. Other costs that the department determines to be associated with, but not integral to, the investigation and remediation of a dry cleaning product discharge from a dry cleaning facility.
292.65(7)(c)4.4. Costs that the department determines to be unreasonable or unnecessary to carry out the remedial action activities as specified in the remedial action plan.