NR 123.03(18) (18) “Pump installer” has the meaning specified in ch. NR 812.

NR 123.03(19) (19) “Records” means books, documents, papers, accounting records, other evidence relating to project work, and accounting procedures and practices.

NR 123.03(20) (20) “Replacement water supply” means:

NR 123.03(20)(a) (a) Reconstruction of a contaminated private water supply;

NR 123.03(20)(b) (b) Construction of a new private water supply;

NR 123.03(20)(c) (c) Provision of a public water supply to replace the contaminated private water supply; or

NR 123.03(20)(d) (d) Connection to an existing private water supply.

NR 123.03(21) (21) “Residential water supply” means a well which is used as a source of potable water for humans or humans and livestock and is connected to 14 or less dwelling units.

NR 123.03(22) (22) “Sand point well” has the same meaning as a “driven point well” as defined in ch. NR 812.

NR 123.03(24) (24) “Well” means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. “Well” does not include dug wells and springs.

NR 123.03(25) (25) “Well driller” has the meaning specified in ch. NR 812.

NR 123.03 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; r. (8) and (23), Register, February, 1991, No. 422, eff. 3-1-91; correction in (18), (22) and (25) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477.

NR 123.04 NR 123.04 Determination of contamination. Contamination of a private water supply, as defined in s. NR 123.03 (5), shall be established by:

NR 123.04(1) (1) The test analyses of at least 2 samples of water, taken at least 2 weeks apart and not more than 2 years apart. All samples shall be taken within 2 years prior to the date that the claimant’s application is received by the department. The department may reject test results which are not sufficiently recent. The samples shall be analyzed by the state laboratory of hygiene or by a laboratory certified under s. 299.11, Stats. Samples shall be analyzed using a methodology specified in ch. NR 809 or from a reference authorized by rules promulgated pursuant to s. 299.11 (7) (b), Stats.; or

NR 123.04(2) (2) An advisory issued or reviewed by the department after July 1, 1984.

NR 123.04 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527.

NR 123.05 NR 123.05 Allocation of funds.

NR 123.05(1) (1) The department shall allocate money for the payment of completed claims and amendments according to the order in which completed claims and amendments are received by the department. A list shall be compiled of completed claims and amendments in the order received. The department may conditionally approve a completed claim or amendment even if the appropriations are insufficient to pay the claim or amendment. The department shall allocate money for the payment of a claim or amendment which is conditionally approved as soon as funds become available. A claim or amendment shall be considered complete when:

NR 123.05(1)(a) (a) All eligibility requirements are met in s. NR 123.20;

NR 123.05(1)(b) (b) All forms required in s. NR 123.22 are submitted; and

NR 123.05(1)(c) (c) All information necessary for departmental evaluation and acceptance of the least costly feasible replacement water supply or the equipment to be used for treating the contaminated private water supply is provided. If the department does not approve the claimant’s chosen solution, the reasons shall be communicated in writing to the claimant explaining why the solution is not acceptable. If the claim has been denied for reasons other than those specified in s. NR 123.06, the department shall assist the claimant in revising the claim to meet, if possible, the intent of s. 281.75, Stats.

NR 123.05(2) (2) If any department approvals other than the award or proceed notice need to be obtained by the claimant or other parties before installation of the replacement water supply or the equipment to be used for treating the contaminated private water supply can proceed, the claimant shall be informed in writing that they have been placed on the list of completed claims and amendments subject to the following conditions:

NR 123.05(2)(a) (a) Within 60 days of the date of the written notice from the department, applications shall be submitted to receive any department approvals that need to be obtained.

NR 123.05(2)(c) (c) Within 60 days of the date of a public other than municipal water supply or private water supply approval by the department, the claimant shall submit bidding documents or finalized cost estimates. Any bidding documents shall include the tabulation of all bids, copies of the low bidder’s proposals, and the claimant’s proposed action on the bids.

NR 123.05(3) (3) The department shall cancel the allocation of funds to a claimant if the claimant does not meet the requirements of sub. (2).

NR 123.05(4) (4) If claim and amendment requests exceed funds available, the department shall determine those claims and amendments which will receive an award based on their ranking on the list. After claims and amendments are determined to be complete and eligible, awards shall be issued to the extent that funds are made available to the department. After funds become depleted, eligible completed claims and amendments shall be added to the list and conditionally approved. Proceed notices shall be issued to notify claimants of conditional approval. Awards shall be issued if and when additional funds become available.

NR 123.05 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (a), (b) and (c) and r. (2) (b), Register, February, 1991, No. 422, eff. 3-1-91.; correction in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527.

NR 123.06 NR 123.06 Denial of claims.

NR 123.06(1) (1) The department shall deny a claim if: