NR 747.30 Note Note: Reimbursement for the re-installation of utilities or structures, without prior department approval, may not be made.

NR 747.30(2) (2) Exclusions from eligible costs. The department has identified various costs determined to be ineligible for reimbursement. Section 292.63, Stats., lists specific cost items which may not be reimbursable under the PECFA program. In order to control costs and provide awards for the most cost-effective remediations of petroleum-contaminated sites within the scope of this chapter, the following costs may not be reimbursed:

NR 747.30(2)(a) (a) Costs determined to be unrelated to remedial action activities under the scope of this chapter:

NR 747.30(2)(a)1. 1. Any costs not supported by cancelled checks or other absolute proof of payment at time of submittal;

NR 747.30(2)(a)2. 2. Any overtime labor charge, excluding an emergency action, billed at other than a straight time rate;

NR 747.30(2)(a)3. 3. Costs for contamination cleanups from non-residential heating oil or boiler tank systems and discharges from mobile fueling tanks or fuel storage tanks on vehicles;

NR 747.30(2)(a)4. 4. Costs associated with used oil remediations, if the oil is not from internal combustion engines;

NR 747.30(2)(a)5. 5. Costs associated with environmental audits, environmental reconnaissance or real estate transactions, construction projects, new construction or long-term loan transactions;

NR 747.30(2)(a)6. 6. Costs associated with investigation activities to locate petroleum product storage systems or home oil tank systems to determine eligibility for an award under the scope of this chapter;

NR 747.30(2)(a)7. 7. Costs incurred after the department determines that no further remedial action is required, except for abandonment of monitoring wells and finalization of site closure;

NR 747.30(2)(a)8. 8. Other costs that the department determines to be associated with, but not integral to, the remediation of a petroleum product discharge from a petroleum product storage system or home oil tank system.

NR 747.30(2)(b) (b) Costs related to improper or incompetent remedial activities and services:

NR 747.30(2)(b)1. 1. Costs associated with incompetent or non-effective cleanup actions which were not based upon sound professional and scientific judgment;

NR 747.30(2)(b)2. 2. Costs of redoing remedial action activities or remedial action work which was incomplete or incompetent;

NR 747.30(2)(b)3. 3. Costs associated with rework on remedial systems to accommodate construction, upgrades, retrofits, or redevelopment projects;

NR 747.30(2)(b)4. 4. Any costs associated with actions that exceed the necessary activities to bring a site to the required level of remediation;

NR 747.30(2)(b)5. 5. Costs associated with the repair or replacement of damaged buildings, sewer lines, water lines, electrical lines, phone lines, fiber optic lines or other utilities on the property;

NR 747.30(2)(b)6. 6. Costs associated with the re-installation of damaged remedial equipment or the re-installation or modification of the remedial equipment for purposes other than effective remediation;

NR 747.30(2)(b)7. 7. Additional interest costs accrued due to improper or incomplete filing of claims or non-response to department requests for additional information, exceptions being delays caused by the department claim process;

NR 747.30(2)(b)8. 8. Any late service charges;

NR 747.30(2)(b)9. 9. Any costs related to invoices or bills for which payment verification is unobtainable.

NR 747.30(2)(c) (c) Costs for testing or sampling unrelated to the investigation for the extent of contamination under the scope of this chapter:

NR 747.30(2)(c)1. 1. Costs for sampling and testing for heavy metals, except lead testing when the discharge is verified to be from leaded gasoline, or lead and cadmium when the source is used motor oil;

NR 747.30(2)(c)2. 2. Costs associated with the analysis for inappropriate constituents not normally part of or associated with an eligible petroleum product even if required by the department; and

NR 747.30(2)(d) (d)

NR 747.30(2)(d)1. 1. Costs for remedial action activities funded under 42 USC 6991, unless the owner or operator or the person owning the home oil tank system repays the funds provided under 42 USC 6991;

NR 747.30(2)(d)2. 2. Expenditures required by the department in order to meet the groundwater protection standards, ch. 160, Stats., ch. ATCP 93 or other administrative rules but not related to a petroleum product discharge under this chapter;

NR 747.30(2)(d)3. 3. Costs associated with loss of business;

NR 747.30(2)(d)4. 4. Costs associated with loss of interest or dividends, or interest costs from a loan other than one for the remediation; and