Current through August 26, 2024
Subject to the provisions of this chapter, the department
shall reimburse a responsible person for the following corrective action costs,
and no others:
(1) The cost of
qualified professional services needed for the effective planning and
implementation of a corrective action, including engineering, hydrogeologic,
field technician, hazardous waste disposal or general contractor
services.
(2) Costs to sample and
analyze soils, groundwater or other media. This may include costs for soil
boring, installation of monitoring wells, sample collection, sample analysis
and related activities.
(3) Costs
to excavate contaminated soils and other contaminated materials, including
backfilling and grading to restore the contours or drainage characteristics of
land altered by the corrective action.
(4) Costs to collect, handle, transport,
treat or dispose of contaminated soils, groundwater or other contaminated
materials. If the responsible person disposes of contaminated soils by means of
landspreading under s.
ATCP 35.03, the department may reimburse the following
additional costs related to that landspreading:
(a) Reasonable costs for tillage that is in
excess of normal tillage and that is needed to reduce soil compaction caused by
the landspreading. The department may not reimburse costs for more than 2
tillage passes.
(b) Costs for
pre-plant nitrogen testing of the landspreading site to determine appropriate
nitrogen credits for landspread soil that includes a significant nitrogen
component. The department may reimburse pre-plant nitrogen testing only if that
testing uses sampling and analytical methods that are scientifically recognized
and standard within the agronomic community.
(c) Locally reasonable rent, not to exceed
rent for one growing season, for cropland taken out of production for any of
the following reasons:
1. The necessary
stockpiling of soil, pending landspreading.
2. Crop harvesting restrictions in the
landspreading permit.
(d) Costs to compensate a landowner for crop
loss or yield reduction that occurs within one year after the landspreading if
the landowner demonstrates, to a reasonable degree of certainty, that the crop
loss or yield reduction was caused by one of the following:
1. Agricultural chemicals that were present
in the landspread soil, but not known to be present when the landspreading
occurred.
2. Planting delays caused
by the landspreading.
3. Soil
compaction caused by landspreading, notwithstanding reasonable tillage of the
landspreading site.
(e)
Costs to compensate a landspreading site owner for access, scheduling and like
costs related to landspreading, if that compensation is necessary to obtain
access to a landspreading site. The department may reimburse costs that are
locally reasonable, and do not exceed $0.50 per cubic yard of landspread soil.
This paragraph does not apply to landspreading on a site owned by the
responsible person.
(f) Costs to
remove rocks and other debris from landspread soils. The department may
reimburse costs to remove rocks and other debris before or after the
landspreading occurs, but not both. The department may not reimburse costs to
remove rocks or debris more than 90 days after landspreading is completed. If a
responsible person obtains competitive bids to screen the soil before it is
landspread, the responsible person may not substitute the costs for
post-landspreading debris removal without obtaining competitive bids under s.
ATCP 35.16.
(5) Costs for any of the following corrective
measures that the department specifically requires, or that the department
specifically pre-approves in writing after finding that the measures are less
expensive than the available alternatives:
(a) Removal and disposal of concrete or
asphalt. The department may not reimburse costs for the removal or disposal of
concrete or asphalt installed after January 1, 1998 unless the responsible
person proves to the department, by credible laboratory tests, that the
construction site was free of agricultural chemical contamination when the
concrete or asphalt was installed. The cost to remove concrete or asphalt may
include its depreciated value calculated as the original construction cost less
all depreciation claimed to date by any person for tax purposes.
(b) Installation of an engineered barrier to
limit infiltration of existing contamination, provided that the responsible
person agrees in writing to maintain the barrier at the installer's expense
until the contamination is removed or fully degraded.
(c) Temporary removal and reinstallation of a
structure, fixture or equipment item that is removed intact, and returned
intact to its original use and approximate original location.
(d) The following corrective measures related
to fixtures that are in good condition and operating adequately when the
corrective measure occurs:
1. Temporary or
permanent relocation.
2. Removal
and replacement with a new fixture of the same size and quality, including any
upgrade required by law.
3.
Protection during a corrective action, through shoring or other
methods.
(7)
Interest on approved reimbursement amounts as calculated by the department
under s.
ATCP 35.25.
