ATCP 35.12(6)(a)(a) A facility required to be licensed under s. 289.31, Stats.
ATCP 35.12(6)(b)(b) A facility that would be required to be licensed under s. 289.31, Stats., except that the department of natural resources has issued a specific exemption under s. 289.43, Stats., or rules promulgated under s. 289.05 (1) or (2), Stats.
ATCP 35.12(6)(c)(c) A closed or abandoned solid or hazardous waste disposal facility that, if operating today, would require a license under s. 289.31, Stats., or a specific license exemption under s. 289.05 (1) or (2), Stats.
ATCP 35.12(7)(7)Taken in violation of federal, state or local law.
ATCP 35.12(8)(8)Taken in response to a discharge caused by an intentional or grossly negligent violation of law committed by the responsible person or the responsible person’s agent, including an intentional or grossly negligent violation of ss. 94.645, 94.67 to 94.71, 94.73 or 292.11, Stats., or of any rule or order adopted under those sections.
ATCP 35.12(9)(9)Taken without a reasonable technical or scientific basis.
ATCP 35.12(10)(10)Taken without a reasonable prospect of success or environmental benefit.
ATCP 35.12(11)(11)Taken at a discharge site located outside this state.
ATCP 35.12 HistoryHistory: Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1) to (3), (6) (a) to (c), (8) and (10), Register, September, 1998, No. 513, eff. 10-1-98.
ATCP 35.14ATCP 35.14Costs not eligible for reimbursement. The department may not reimburse a responsible person for any of the following:
ATCP 35.14(1)(1)Costs that are not eligible for reimbursement under s. ATCP 35.04.
ATCP 35.14(2)(2)Indirect costs charged by a contractor unless those costs are allocated to the contract according to a reasonable cost allocation formula that the contractor uses for other, similar contracts.
ATCP 35.14 NoteNote: An example of a reasonable cost allocation formula may be obtained from the Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, P.O. Box 8911, Madison WI 53708
ATCP 35.14(3)(3)A responsible person’s indirect costs. This does not prohibit the department from reimbursing any of the following:
ATCP 35.14(3)(a)(a) Actual costs for equipment, supplies or services that are used exclusively for the corrective action. If a responsible person purchases equipment that is used exclusively for the corrective action, the department may pay reimbursement on the difference between the purchase cost and the reasonable salvage value of that equipment, provided that the difference does not exceed the reasonable rental cost for equivalent equipment.
ATCP 35.14(3)(b)(b) Normal employee wages, salaries, expenses or fringe benefit allocations for time which the responsible person’s employees actually spend on a corrective action.
ATCP 35.14(3)(c)(c) Costs for equipment owned by the responsible person and used during a corrective action for excavating, trucking or landspreading, provided that all of the following apply:
ATCP 35.14(3)(c)1.1. The equipment is reasonably sized and designed to perform the corrective action.
ATCP 35.14(3)(c)2.2. The hours or units of equipment use are reasonable and necessary for the task performed.
ATCP 35.14(3)(c)3.3. The equipment costs are determined according to a reasonable cost allocation formula.
ATCP 35.14(3)(c)4.4. The equipment costs do not exceed reasonable rental costs for equivalent equipment, including any operator costs.
ATCP 35.14(4)(4)The cost for the time that the responsible person, or any officer of the responsible person, spends planning or implementing a corrective action. This does not prohibit the department from reimbursing normal employee wages, salaries, expenses or fringe benefit allocations for time which employees, other than officers, spend implementing a corrective action.
ATCP 35.14(5)(5)Costs to construct, repair, replace, improve, relocate or demolish any structure, equipment or fixture, except as provided under s. ATCP 35.04 (5).
ATCP 35.14(6)(6)Loss or impairment of property values or other assets, except as provided under s. ATCP 35.04 (5).
ATCP 35.14(7)(7)Loss or impairment of revenue or income.
ATCP 35.14(8)(8)Attorney fees or other legal costs.
ATCP 35.14(9)(9)Costs of relocating residents or business operations.
ATCP 35.14(10)(10)Costs of aesthetic or other improvements that are not essential to a corrective action, except for restorative grading and filling costs authorized under s. ATCP 35.04 (3).
ATCP 35.14(11)(11)A cost that is reimbursed from another source. If, after being reimbursed by the department for any cost, a responsible person is reimbursed for the same cost from another source, the responsible person shall promptly notify the department and repay any duplicate reimbursement.