281.75(9)(9) Contamination standard; nitrates. 281.75(9)(a)(a) This subsection applies to a private water supply which: 281.75(9)(a)1.1. Is a livestock water supply or is a residential water supply which is used as a source of potable water for livestock as well as for a residence; and 281.75(9)(a)2.2. Is used at least 3 months each year and while in use provides an estimated average of more than 100 gallons per day for consumption by livestock. 281.75(9)(b)(b) Notwithstanding the requirement of contamination under sub. (7), if a private water supply meets the criteria under par. (a) and the claim is based upon contamination by nitrates and not by any other substance, the department may make an award only if the private water supply produces water containing nitrates in excess of 40 parts per million expressed as nitrate-nitrogen. 281.75(10)(a)(a) The department shall issue awards without regard to fault. 281.75(10)(b)(b) Contributory negligence is not a bar to recovery and no award may be diminished as the result of negligence attributable to the claimant or to any person who is entitled to submit a claim. 281.75(10)(c)(c) The department shall pay each claim within 30 days after a completed payment request is submitted. The department shall pay eligible costs under sub. (7) based upon cost tables and rules promulgated under sub. (11) (c). 281.75(11)(a)(a) Denial of claim. The department shall deny a claim if: 281.75(11)(a)3.3. The claim is for reimbursement of costs incurred before the department determined that the claim was complete under sub. (5) (c). 281.75(11)(a)4.4. If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well through the plumbing connected to the well. 281.75(11)(a)5.5. If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well intentionally by a claimant or a person who would be directly benefited by payment of the claim. 281.75(11)(a)6.6. If the claim is based on a contaminated private water supply, all of the contaminants upon which the claim is based are naturally occurring substances and the concentration of the contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location. 281.75(11)(a)7.7. Except as provided in sub. (14), an award has been made under this section within the previous 10 years for the parcel of land where the private water supply is located and the claim is based on a contaminated private water supply. 281.75(11)(a)8.8. If the claim is based on a contaminated private water supply, the contaminated private water supply is a residential water supply, is contaminated by bacteria or nitrates or both, and is not contaminated by any other substance, except as provided in par. (ae). 281.75(11)(a)9.9. If the claim is based on a contaminated private water supply, the contaminated private water supply is a livestock water supply, is contaminated by bacteria, and is not contaminated by any other substance. 281.75(11)(ae)(ae) Bacterial contamination. Paragraph (a) 8. does not apply to a residential well that is contaminated by bacteria and is in an area of special eligibility for compensation for well contamination as declared by the department under sub. (2) (e). 281.75(11)(am)(am) Emergency. Notwithstanding par. (a) 3., the department may authorize expenditures before a claim is submitted if the department determines that an emergency situation exists. The department shall establish standards and procedures for the payment of claims in emergency situations. 281.75(11)(b)(b) Limits on awards for contaminated wells; purposes. 281.75(11)(b)1.1. An award may be issued for purchasing and installing a pump if a pump is necessary for the new or reconstructed private water supply. 281.75(11)(b)2.2. An award may be issued for water treatment only if the contamination cannot be remedied by reconstruction or replacement of the private water supply, or connection to another water supply is not feasible. 281.75(11)(b)3.3. An award may not be issued for the replacement of a sand point well with a drilled well unless: 281.75(11)(b)3.a.a. The department determines that replacement with another sand point well is not feasible; and 281.75(11)(b)3.b.b. The department determines that the person had no knowledge or reason to believe the sand point well would become contaminated at the time it was constructed.