NR 169.13(3)(a)24. 24. Costs to investigate or repair environmental contamination involving substances that are not dry cleaning products. If a response action under this chapter is combined with the investigation or repair of environmental contamination involving substances that are not dry cleaning products, the department may reimburse a portion of the combined project costs based on a reasonable cost allocation formula approved by the department. If an owner or operator also submits a reimbursement claim to another governmental agency for any combination project, the cost allocation formula shall be approved by the department and that other agency.

NR 169.13(3)(a)25. 25. Costs to analyze environmental samples for substances that are not dry cleaning products, except that the department may reimburse costs for the analysis of environmental parameters if that analysis is needed to design or implement a response action.

NR 169.13(3)(a)26. 26. Costs to analyze environmental samples for dry cleaning products that could not reasonably have been discharged at the facility.

NR 169.13(3)(a)27. 27. Costs for environmental audits, evaluation or appraisals, other than those needed for the effective planning and implementation of a response action.

NR 169.13 Note Note: Costs for site investigation scoping or equivalent assessments are only eligible for reimbursements if a release of dry cleaning product is found during those assessments. Costs for site investigation scoping may be reimbursed if they meet the eligible cost criteria for response actions in s. 292.65, Stats., and this chapter and are incorporated into reports submitted as requirements for this program.

NR 169.13(3)(a)28. 28. Costs incurred by an owner or operator because of a contractor’s breach of contract.

NR 169.13(3)(a)29. 29. Costs to prepare an application under s. NR 169.19, to contest an application decision under s. NR 169.27 or to consult with the department on the application.

NR 169.13(3)(a)30. 30. Air travel expenses.

NR 169.13(3)(a)31. 31. Expense charges for meals, lodging, travel or other personal expenses.

NR 169.13 Note Note: No travel costs of any kind will be reimbursed except for approved mobilization costs.

NR 169.13(3)(a)32. 32. Supplemental charges for expedited services, including expedited laboratory analysis, mail or parcel delivery service, unless the department approves those charges in advance.

NR 169.13(3)(a)33. 33. Contractor charges that are not based on services provided by the contractor and documented under s. NR 169.19.

NR 169.13(3)(a)34. 34. Costs for subcontractor service charges or markups.

NR 169.13(3)(a)35. 35. Costs that are incurred prior to August 1, 2005, that the department determines are unreasonable.

NR 169.13(3)(a)36. 36. Costs associated with the delivery of documents.

NR 169.13(3)(a)37. 37. Fees required by third parties to obtain samples, including municipal permits or access fees.

NR 169.13(3)(a)38. 38. Capitol equipment purchases that are not unique to the facility, such as general tools.

NR 169.13 Note Note: Costs incurred after October 14, 1997 and before February 1, 2000 will not be denied for failure to conform with the bidding provisions in this chapter, but will be reviewed and evaluated for reasonableness.

NR 169.13 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05; CR 12-023: cr. (2) (f) 3., am. (3) (a) 6. Register October 2013 No. 694, eff. 11-1-13.

NR 169.15 NR 169.15 Site hazard categorization system.

NR 169.15(1) (1) The department project manager shall assign a preliminary high, medium, or low priority to the site.

NR 169.15(2) (2) To determine reimbursement priorities pursuant to s. NR 169.17, the department project manager shall assign a final high, medium, or low priority to the site after approving a complete site investigation report submitted to the department.

NR 169.15 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05; CR 12-023: renum. 169.15 to (1) and am., cr. (2) Register October 2013 No. 694, eff. 11-1-13.

NR 169.17 NR 169.17 Allocation of reimbursement assistance.

NR 169.17(1) (1) Fund allocation. The department shall allocate funding based on statutory spending authority and as provided under this section. The department shall also determine the amount of any unused funds at the end of each fiscal year which were previously allocated to immediate actions and may reallocate those funds as provided in sub. (2).

NR 169.17(2) (2) Classes of actions. Funding available for eligible costs shall be allocated among the following classes of actions. Costs submitted for reimbursement shall be classified as one of the following:

NR 169.17(2)(a) (a) Immediate actions. 9.7% of the funds collected each fiscal year shall be reserved to reimburse costs associated with immediate actions. In the fourth quarter of each fiscal year, the department may transfer all or part of the unused funds which were set aside to reimburse costs of immediate actions to the fund which reimburses site investigations or remedial actions under this subsection.

NR 169.17(2)(b) (b) Site investigations and remedial actions.

NR 169.17(2)(b)1. 1. Any funds not allocated under par. (a) shall be reserved to reimburse costs associated with site investigation and remedial actions. Funds available in this class shall be allocated as follows: