NR 169.19(4)(a) (a) An owner or operator shall submit applications for immediate and interim actions as specified in s. NR 169.11.

NR 169.19(4)(b) (b) An owner or operator may submit an application for reimbursement of site investigation costs when a complete ch. NR 716 site investigation report is submitted to and approved by the department.

NR 169.19(4)(c) (c) An owner or operator who incurs costs for a ch. NR 716 site investigation may submit a request for reimbursement prior to completing the site investigation report. The minimum reimbursement request shall be $15,000 and only one reimbursement request may be submitted within any fiscal year. No more than 3 reimbursement requests, each accompanied by a summary of work completed through the date of the last invoice may be submitted prior to submittal of the site investigation report. A final reimbursement request may be submitted upon department approval of the site investigation report.

NR 169.19(4)(d) (d) Not including the final application submitted after closure has been granted, an owner or operator may not submit more than 2 applications for remedial action reimbursement for each facility in a fiscal year.

NR 169.19 Note Note: An owner or operator may submit applications for immediate actions, interim actions or site investigation reimbursement all within the same fiscal year. The number of applications submitted for remedial actions each year is limited to prevent too frequent submittals of costs such as operation and maintenance.

NR 169.19(5) (5) Fraudulent applications.

NR 169.19(5)(a) (a) No person may make, or conspire with another person to make, any false, deceptive or misleading representation in connection with any reimbursement application under this chapter.

NR 169.19(5)(b) (b) Any person who makes or conspires with another person to make any false, deceptive or misleading representation in connection with a reimbursement application under this chapter is ineligible for any reimbursement for that response action or any other response action taken or ordered at any dry cleaning facility within 5 years after the date of that application.

NR 169.19 Note Note: Persons filing fraudulent claims may also be subject to criminal prosecution.

NR 169.19(5)(c) (c) Any person who has reason to believe that that person has received any reimbursement for which that person is ineligible under this section shall immediately notify the department and shall refund with the notification the full amount of any reimbursement for which that person is ineligible.

NR 169.19 Note Note: Section 292.65 (9) (b), Stats., provides that the department shall ask the attorney general to take action to recover awards which were issued for applications which were fraudulent or to owners or operators who received awards but did not meet the requirements of s. 292.65, Stats.

NR 169.19 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05; CR 12-023: am. (4) (c) Register October 2013 No. 694, eff. 11-1-13; reprinted to restore omitted copy in (4) (c), Register November 2013 No. 695.

NR 169.21 NR 169.21 Reimbursement awards.

NR 169.21(1) (1) Processing applications.

NR 169.21(1)(a) (a) Preliminary opinion. The department may issue a preliminary opinion which is not binding on the department on whether an applicant is eligible for reimbursement of response action costs.

NR 169.21(1)(b) (b) Notice acknowledging application. Within 30 days after the department receives an application under s. NR 169.19, the department shall issue a written notice to the applicant acknowledging receipt of the application.

NR 169.21(1)(c) (c) Request for additional information. Following receipt of an application under s. NR 169.19, the department may require an applicant to submit any additional information that may be relevant to the department’s review of the application.

NR 169.21(1)(d) (d) Decision. Within 90 days after the department receives a complete application under s. NR 169.19, including any additional information required by the department under par. (c), the department shall issue a written decision approving or disapproving the application. The department may approve part of an application, or approve an application subject to conditions specified by the department. In its decision the department shall specify all the following:

NR 169.21(1)(d)1. 1. The amount of eligible costs, if any, for which reimbursement may be paid.

NR 169.21(1)(d)2. 2. The total amount, if any, approved for payment under s. NR 169.13. The decision shall specify that payment is subject to the terms and conditions specified in this chapter.

NR 169.21(1)(d)3. 3. Any amounts and items not approved and the reasons for that disapproval. The department shall also explain any amounts deducted from the reimbursement application under sub. (3).

NR 169.21(2) (2) Denial of applications. Applications shall be denied as provided in s. 292.65 (8) (d), Stats.

NR 169.21 Note Note: Section 292.65 (8) (d), Stats., provides that the department shall deny an application if any of the following applies:

NR 169.21 Note 1. The application is not within the scope of the statute.

NR 169.21 Note 2. The applicant submits a fraudulent application.

NR 169.21 Note 3. The applicant has been grossly negligent in the maintenance of the dry cleaning facility.

NR 169.21 Note 4. The applicant intentionally damaged the dry cleaning equipment.

NR 169.21 Note 5. The applicant falsified records.

NR 169.21 Note 6. The applicant willfully failed to comply with laws or rules of this state concerning the use or disposal of dry cleaning solvents.