NR 123.07 NR 123.07 Variances. The department may approve variances from non-statutory requirements of this chapter upon the request of a claimant when it is determined that such variances are essential to effect necessary actions or department objectives, and where special circumstances make such variances in the best interests of the state. Before granting a variance, the department shall take into account such factors as good cause, circumstances beyond the control of the claimant, and financial hardship.

NR 123.07 Note Note: Variances may not be obtained from statutory requirements.

NR 123.07 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

NR 123.08 NR 123.08 Termination of awards. An award may be terminated in whole or in part by the department.

NR 123.08(1) (1) The department and a claimant may enter into an agreement to terminate the award at any time pursuant to this section. The agreement shall establish the effective date of termination of the project and award, the basis for settlement of award termination costs, and the amount and date of payment of any sums due either party.

NR 123.08(2) (2) A claimant may not unilaterally terminate the work authorized in the award, except for good cause. The claimant shall promptly give written notice to the department of any complete or partial termination of the project work by the claimant. If the department determines that there is good cause for the termination of all or any portion of the project work, the department may enter into a termination agreement or unilaterally terminate the award pursuant to sub. (3), effective on the date of cessation of the project work by the claimant. If the department determines that a claimant has ceased work on the project without good cause, the department may unilaterally terminate the award pursuant to sub. (3).

NR 123.08(3) (3) Awards may be terminated by the department in accordance with the following procedure:

NR 123.08(3)(a) (a) The department shall give not less than 10 days written notice to the claimant of its intent to terminate an award in whole or in part. Notice shall be served on the claimant personally or by mail, certified mail — return receipt requested.

NR 123.08(3)(b) (b) The department shall consult with the claimant prior to any termination. After the department has received any views expressed by the claimant, the department may terminate the award in whole or in part. Any such termination shall be in writing and shall state the reasons for terminating the award. Notices of termination shall be served on the claimant personally or by mail, certified mail — return receipt requested.

NR 123.08(3)(c) (c) The department may terminate an award for good cause if negotiations and payment of appropriate termination settlement costs are offered to the claimant.

NR 123.08(4) (4) Upon termination, the claimant shall refund or credit to the state of Wisconsin that portion of any funds paid or owed to the claimant and allocable to the terminated project work, except such an amount as may be required to meet commitments which had become enforceable prior to the termination. The claimant may not make any new commitments without department approval. The claimant shall reduce the amount of outstanding commitments insofar as possible and report to the department the uncommitted balance of funds awarded.

NR 123.08 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

NR 123.09 NR 123.09 Enforcement. The following sanctions may be imposed for noncompliance with s. 281.75, Stats., the provisions of this chapter or any award made under this chapter:

NR 123.09(1) (1) The award may be terminated under s. NR 123.08;

NR 123.09(2) (2) Project costs directly related to the noncompliance may be declared ineligible;

NR 123.09(4) (4) Other administrative or judicial remedies may be instituted as legally available and appropriate.

NR 123.09(5) (5) The department may seek recovery of some or all payments.

NR 123.09 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.) and r. (3), Register, February, 1991, No. 422, eff. 3-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527.

NR 123.20 NR 123.20 Eligibility of claimant.

NR 123.20(1) (1) 

NR 123.20(1)(a) (a) A claim may be submitted for the replacement of a contaminated private water supply which is contaminated at the time the claim is submitted under s. NR 123.04, irrespective of the time the contamination is or could have been discovered in the private water supply.

NR 123.20(1)(b) (b) A claim may be submitted for the replacement of a contaminated private water supply which does not comply with ch. NR 812 at the time of submission of the claim.

NR 123.20(1)(c) (c)

NR 123.20(1)(c)1. 1. In order to be eligible for an award under this chapter, the annual family income of the landowner or lessee of the property on which a contaminated private water supply is located may not exceed $65,000.

NR 123.20(1)(c)2. 2. Except as provided under subd. 4., annual family income shall be based upon the adjusted gross income of the landowner or lessee and landowner’s or lessee’s spouse, if any, as computed for Wisconsin income tax purposes for the taxable year prior to the year in which the claim is made.

NR 123.20(1)(c)3. 3. The department shall determine county median family income based on statistics provided by the federal department of housing and urban development for the taxable year prior to the year in which the claim is made.

NR 123.20(1)(c)4. 4. The claimant shall submit a copy of the landowner’s or lessee’s joint Wisconsin income tax return for the year prior to the year in which the claim is made; or, if filing separately, the landowner’s or lessee’s separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any, for the year prior to the year in which the claim is made. The department may disregard the Wisconsin income tax return for the year prior to the year in which the claim is made and may determine annual family income based on satisfactory evidence of income in the current year as provided under s. NR 123.22 (2) (g) 2. through 4.

NR 123.20(2) (2) 

NR 123.20(2)(a) (a) Except as provided under sub. (4), a landowner or lessee of property on which a contaminated private water supply is located, or the spouse, dependent, heir, assignee or legal representative of the landowner or lessee may submit a claim under this chapter.