NR 169.11 Note 2. The owner or operator of a dry cleaning facility on which construction began on or before October 14, 1997, is ineligible for an award under this section with respect to a discharge that occurs on or after the 91st day after the day on which the department issues a case closure letter with respect to an earlier discharge of dry cleaning solvent from the dry cleaning facility, unless the owner or operator has implemented the enhanced pollution prevention measures described in par. (b).

NR 169.11 Note (b) An owner or operator who is required to implement enhanced pollution prevention measures under par. (a) shall demonstrate all of the following:

NR 169.11 Note 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, Stats., and 42 USC 6901 to 6991i.

NR 169.11 Note 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.

NR 169.11 Note 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.

NR 169.11 Note 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.

NR 169.11 Note 5. That any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct–coupled delivery system.

NR 169.11 Note (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:

NR 169.11 Note 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, Stats., and 42 USC 6901 to 6991i.

NR 169.11 Note 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.

NR 169.11 Note 3. That any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct–coupled delivery system.

NR 169.11(3) (3) Exceptions. Owners and operators are excepted from certain requirements as provided in s. 292.65 (4) (g) and (h), Stats.

NR 169.11 Note Note: Section 292.65 (4) (g), Stats., provides that an owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an immediate action activity if the department determines that an immediate action is necessary per ch. NR 708. Section 292.65 (4) (h), Stats., provides that an owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an interim action activity if the department determines that an interim action is necessary per ch. NR 708.

NR 169.11 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05; CR 12-023: am. (1) (c) 9. Register October 2013 No. 694, eff. 11-1-13.

NR 169.13 NR 169.13 Awards.

NR 169.13(1) (1) Maximum award amount. Awards may not exceed the maximums imposed by s. 292.65 (8) (f), Stats.

NR 169.13 Note Note: Section 292.65 (8) (f), Stats., provides that an award to reimburse costs of immediate actions, site investigations and cleanup at a single facility may not exceed $500,000.

NR 169.13(2) (2) Eligible costs.

NR 169.13(2)(a) (a) General. Eligible costs are those allowed under s. 292.65 (7), Stats.

NR 169.13 Note Note: Section 292.65 (7) (a), Stats., provides that eligible costs include reasonable and necessary costs incurred for the following items only:

NR 169.13 Note 1. Removal of dry cleaning solvents from surface waters, groundwater or soil.

NR 169.13 Note 2. Investigation and assessment of contamination caused by a dry cleaning solvent discharge from a dry cleaning facility.

NR 169.13 Note 3. Preparation of remedial action plans.

NR 169.13 Note 4. Removal of contaminated soils.

NR 169.13 Note 5. Soil and groundwater treatment and disposal.

NR 169.13 Note 6. Environmental monitoring.

NR 169.13 Note 7. Laboratory services.

NR 169.13 Note 8. Maintenance of equipment for dry cleaning solvent recovery performed as part of remedial action activities.

NR 169.13 Note 9. Restoration or replacement of a private or public potable water supply.