ATCP 35.22(1)(a)(a) Except as provided in subs. (2) through (6), the department shall reimburse a responsible person for each discharge site an amount equal to 75% of the eligible corrective action costs that are greater than $3,000 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $3,000 and less than $650,000 for costs incurred on or after July 1, 2017. To this amount, the department shall add interest costs under s. ATCP 35.25.

ATCP 35.22(1)(b)(b) If no more than $3,000 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under par. (a) may not exceed $485,250.

ATCP 35.22(1)(c)(c) If more than $3,000 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under par. (a) may not exceed $505,100 or the sum of the following, whichever amount is less:

ATCP 35.22(1)(c)1.1. Eighty percent of the eligible corrective action costs incurred up to $400,000 prior to January 1, 2004 that exceed $3,000.

ATCP 35.22(1)(c)2.2. Seventy-five percent of the difference between $650,000 and the eligible corrective action costs incurred prior to January 1, 2004.

ATCP 35.22(2)(a)(a) Except as provided in subs. (3) through (6), the department shall reimburse a responsible person for each discharge site an amount equal to 75% of the eligible corrective action costs that are greater than $7,500 and less than $400,000 for costs incurred before July 1, 2017, or that are greater than $7,500 and less than $650,000 for costs incurred on or after July 1, 2017, if any of the following apply at the time the discharge occurs or is discovered:

ATCP 35.22(2)(a)1.1. The responsible person is required to be licensed under ss. 94.67 to 94.71, Stats.

ATCP 35.22(2)(b)(b) To the amount under par. (a) the department shall add interest costs under s. ATCP 35.25.

ATCP 35.22(2)(c)(c) If no more than $7,500 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under pars. (a) and (b) may not exceed $481,875.

ATCP 35.22(2)(d)(d) If more than $7,500 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under pars. (a) and (b) may not exceed $501,500 or the sum of the following, whichever amount is less:

ATCP 35.22(2)(d)1.1. Eighty percent of the eligible corrective action costs incurred up to $400,000 prior to January 1, 2004 that exceed $7,500.

ATCP 35.22(2)(d)2.2. Seventy-five percent of the difference between $650,000 and the eligible corrective action costs incurred prior to January 1, 2004.

ATCP 35.22(3)(3) Transportation discharges. For purposes of subs. (1) and (2), whenever an agricultural chemical is discharged while being transported from a site owned or controlled by a person who owns or controls the discharged agricultural chemical, the discharge is deemed to occur at that site.

ATCP 35.22(4)(a)(a) The department may not reimburse corrective action costs that exceed $100,000 for any discharge unless the department, after determining that the costs are reasonable and necessary based on the nature, size and complexity of the corrective action, approves the additional costs before the responsible person incurs them. The department may specify conditions and limitations on its approval. An approval under s. ATCP 35.16 (2) (c) 3. constitutes an approval under this paragraph.

ATCP 35.22(4)(b)(b) A discharge under par. (a) includes all discharges that occur at a discharge site before the responsible person initiates corrective action in response to any of those discharges. A subsequent discharge is considered a separate discharge under par. (a), subject to a separate $100,000 limit.

ATCP 35.22(4)(c)(c) A reimbursement under this subsection may not exceed the limits provided under subs. (1) and (2).

ATCP 35.22(5)(5) Corrective action costs incurred prior to January 1, 2004. For eligible corrective action costs incurred prior to January 1, 2004, the applicable reimbursement rate under subs. (1) and (2) is 80%, rather than 75%.

ATCP 35.22(6)(6) Reduced reimbursement rate for repeat discharges. The department may reduce the applicable reimbursement rate under this section, if a reduction is appropriate under s. ATCP 35.08 (6).

ATCP 35.22 HistoryHistory: Cr. Register, August, 1994, No. 464, eff. 9-1-94; r. and recr., Register, September, 1998, No. 513, eff. 10-1-98; am. (1), (2) (a) (intro.) and (4) (a), r. (4) (b), Register, October, 2000, No. 538, eff. 11-1-00; CR 03-119: r. and recr. (1) and (2), renum. (4) (c) and (d) to be (4) (b) and (c), cr. (5) and (6) Register October 2004 No. 586, eff. 11-1-04; CR 22-080: am. (1), (2) (a) (intro.), (c), (d) Register February 2024 No. 818, eff. 3-1-24.

ATCP 35.25ATCP 35.25 Interest on approved reimbursement amounts. The department shall add interest to a reimbursement amount calculated under s. ATCP 35.22 at a rate equal to the prime interest rate on the date when the department receives a complete reimbursement application. The department shall calculate interest from that date for the unpaid balance approved under s. ATCP 35.22.