NR 747.02(4)(b) (b) Reimbursement rates.

NR 747.02(4)(b)1. 1. Where par. (a) 1. applies, 100 percent of the eligible costs may be reimbursed.

NR 747.02(4)(b)2. 2. Where par. (a) 2. applies, the department will consider the two discharges to be one occurrence, and will apply a methodology of cost separation based on total tank volume, or based on other factors acceptable to the department.

NR 747.02(4)(b)3. 3. Where par. (a) 3. applies, 25 percent of the eligible costs may be reimbursed, after documentation is submitted to the department showing that all applicable tank closure and site assessment requirements in either ch. ATCP 93 or in preceding federal regulations were complied with, including the corresponding deadlines for performing that closure and assessment.

NR 747.02 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94; r. and recr. Register, December, 1998, No. 516, eff. 1-1-99; CR 04-058: cr. (4) Register February 2006 No. 602, eff. 5-1-06; corrections in (1) (e) and (3) (h) made under s. 13.93 (2m) (b) 7., Stats., Register February 2006 No. 602; correction in (1) (g), (2), (3) (g), (h), (4) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (e), (g), (2), (3) (g), (h), (4) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 747.025 NR 747.025 Awards.

NR 747.025(1) (1) General.

NR 747.025(1)(a) (a) If the department determines that the claimant meets all of the eligibility requirements of this chapter, the department shall determine a deductible amount and issue an award to reimburse the claimant for eligible costs incurred in a remediation.

NR 747.025(1)(b) (b) The department may not issue an award before all eligible costs have been incurred unless the department determines that the delay in issuing the award would cause a financial hardship to the owner, operator or the person owning a home oil tank system. The department may issue progress payments when sufficient evidence of completion of various activities, as specified in ss. NR 747.12 and 747.355 is received.

NR 747.025(2) (2) Awards, deductibles, and denials.. All awards shall be issued in accordance with this chapter and the requirements in s. 292.63 (4) (d), (dg), and (dm) to (g), Stats.

NR 747.025 Note Note: Other sections of this chapter, such as s. NR 747.30 (2) and (3), also address denial of claims, as established through other subsections of s. 292.63, Stats.

NR 747.025(3) (3) Third-party claims. For owners or operators of underground storage tank system discharges eligible for PECFA, third-party damages resulting from petroleum product discharges may be eligible for reimbursement under the PECFA fund. Items which may not be reimbursed include, but are not limited to, costs for which the owner or operator is not legally liable; costs associated with discharges based on or attributed to a criminal act; intentional, willful or deliberate noncompliance with any statute or administrative rule; punitive or exemplary damages; and federal, state or local fines, forfeitures or other penalties.

NR 747.025 Note Note: See s. NR 747.36 (3) for further requirements for third-party claims.

NR 747.025 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94; am. (1) (b) and (5) (a), r. (1) (c), Register, December, 1998, No. 516, eff. 1-1-99; CR 04-058: am. (1) (b), r. and recr. (2), r. (3) to (5), renum. (6) to be (3) Register February 2006 No. 602, eff. 5-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (b), (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 747.03 NR 747.03 Emergency awards. The department may, after determining that an emergency exists, make an award in advance of claims received prior to the emergency claim. The finding of an emergency shall be made based upon an immediate need to protect public health or safety. The finding of an emergency may not be based upon financial hardship of the responsible party or its agent. A determination that no emergency exists may not be appealed to the department.

NR 747.03 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94; r. (1), renum. (2) to be Comm 47.03, Register, December, 1998, No. 516, eff. 1-1-99.

subch. II of ch. NR 747 Subchapter II — Program Eligibility

NR 747.10 NR 747.10 Initial claim eligibility.

NR 747.10(1) (1) General.

NR 747.10(1)(a) (a) Responsible parties. Responsible parties may submit claims to the department pursuant to s. 292.63 (4), Stats., for reimbursement of eligible costs incurred because of a petroleum product discharge from a petroleum product storage system or home oil tank system.

NR 747.10(1)(a)1. 1. If a responsible party is not the sole owner of the site, an Owner Assignment Certification form (ERS-8070) shall be filed with the department to establish one entity to submit the claim and receive the award under this chapter.

NR 747.10(1)(a)2. 2. The responsible party, owner or operator, agent or an assignee, as established in subd. 1., may submit a claim if all of the following are performed:

NR 747.10(1)(a)2.a. a. Documentation that the source of a discharge or discharges is from a petroleum product storage system or home oil tank system;

NR 747.10(1)(a)2.b. b. Notification to the department, before conducting a site investigation or remedial action activity, of the potential for submitting a claim under this chapter, except in emergency situations as provided under s. 292.63 (3) (g), Stats.;

NR 747.10(1)(a)2.c. c. Registration of the petroleum product storage system or the home oil tank system with the department of agriculture, trade and consumer protection under ss. 168.21 to 168.26, Stats.;

NR 747.10(1)(a)2.d. d. Report of the discharge in a timely manner to the division of emergency government in the department of military affairs or to the department, according to the requirements under ch. 292, Stats.;

NR 747.10(1)(a)2.e. e. Investigation of the degree and extent of environmental damage caused by the discharge from a petroleum product storage system or home oil tank system;

NR 747.10(1)(a)2.f. f. Recovery and proper disposal of any recoverable petroleum products in the discharge from a petroleum product storage system or home oil tank system;

NR 747.10(1)(a)2.g. g. Disposal of any residual solid or hazardous waste in a manner consistent with local, state and federal laws, rules and regulations;