Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 35 - Agricultural Chemical Cleanup Program
Section ATCP 35.10 - Responsible person; eligibility for reimbursement
Current through August 26, 2024
A responsible person is not eligible for reimbursement of corrective action costs unless all of the following requirements are met:
(1) The responsible person files with the department, by October 14, 2000 or within 3 years after incurring the corrective action costs, whichever is later, a reimbursement application that complies with s. ATCP 35.06.
(2) The responsible person complies with every corrective action order issued by the department under s. ATCP 35.02 or the department of natural resources under s. 292.11(7) (c), Stats.
(3) The responsible person, upon discovering the discharge, promptly reports the discharge to the department or, if the responsible person is required to report the discharge under s. 292.11(2), Stats., to the department of natural resources.
(4) If the responsible person is a commercial application business, the responsible person is in compliance, at the time of the discharge, with s. ATCP 29.20.
(5) If an approved workplan is required under s. ATCP 35.18(1), the corrective action complies with the approved workplan for that corrective action.
(6) The corrective action complies with applicable requirements under chs. 281 to 285 and 289 to 299, Stats., this chapter, chs. ATCP 29 to 33, and chs. NR 700, 706, 708 and 712 to 727.
Note: For corrective actions under this chapter, the department is authorized to review compliance with chs. NR 700, 706, 708, and 712 to 727, and to grant required approvals and variances under those chapters on behalf of the department of natural resources.
(7) The corrective action is performed by or under the direct supervision of a person who meets applicable qualification requirements under ch. NR 712, and who has adequate training and experience to perform the corrective action.
(8) The responsible person's application for reimbursement includes an application or waiver, under s. ATCP 35.20(3), from each of the responsible persons identified under s. ATCP 35.20(2).
