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 35.22 - Reimbursement amounts
Universal Citation: WI Admin Code ยง ATCP 35.22
Current through August 26, 2024
(1) GENERAL REIMBURSEMENT FORMULA.
(a) Except as provided in subs. (2) through
(6), the department shall reimburse a responsible person for each discharge
site an amount equal to 75% of the eligible corrective action costs that are
greater than $3,000 and less than $400,000 for costs incurred before July 1,
2017, or that are greater than $3,000 and less than $650,000 for costs incurred
on or after July 1, 2017. To this amount, the department shall add interest
costs under s.
ATCP 35.25.
(b)
If no more than $3,000 of the eligible corrective action costs under par. (a)
were incurred prior to January 1, 2004, the total amount paid under par. (a)
may not exceed $485,250.
(c) If
more than $3,000 of the eligible corrective action costs under par. (a) were
incurred prior to January 1, 2004, the total amount paid under par. (a) may not
exceed $505,100 or the sum of the following, whichever amount is less:
1. Eighty percent of the eligible corrective
action costs incurred up to $400,000 prior to January 1, 2004 that exceed
$3,000.
2. Seventy-five percent of
the difference between $650,000 and the eligible corrective action costs
incurred prior to January 1, 2004.
(2) DIFFERENT REIMBURSEMENT FORMULA FOR SOME PERSONS.
(a) Except as provided in subs. (3)
through (6), the department shall reimburse a responsible person for each
discharge site an amount equal to 75% of the eligible corrective action costs
that are greater than $7,500 and less than $400,000 for costs incurred before
July 1, 2017, or that are greater than $7,500 and less than $650,000 for costs
incurred on or after July 1, 2017, if any of the following apply at the time
the discharge occurs or is discovered:
1. The
responsible person is required to be licensed under ss.
94.67 to
94.71, Stats.
2. The responsible person employs more than
25 persons.
3. The responsible
person has gross annual sales of more than $2,500,000.
(b) To the amount under par. (a) the
department shall add interest costs under s.
ATCP 35.25.
(c)
If no more than $7,500 of the eligible corrective action costs under par. (a)
were incurred prior to January 1, 2004, the total amount paid under pars. (a)
and (b) may not exceed $481,875.
(d) If more than $7,500 of the eligible
corrective action costs under par. (a) were incurred prior to January 1, 2004,
the total amount paid under pars. (a) and (b) may not exceed $501,500 or the
sum of the following, whichever amount is less:
1. Eighty percent of the eligible corrective
action costs incurred up to $400,000 prior to January 1, 2004 that exceed
$7,500.
2. Seventy-five percent of
the difference between $650,000 and the eligible corrective action costs
incurred prior to January 1, 2004.
(3) TRANSPORTATION DISCHARGES. For purposes of subs. (1) and (2), whenever an agricultural chemical is discharged while being transported from a site owned or controlled by a person who owns or controls the discharged agricultural chemical, the discharge is deemed to occur at that site.
(4) PREAPPROVAL REQUIRED FOR SOME CORRECTIVE ACTION COSTS.
(a)
The department may not reimburse corrective action costs that exceed $100,000
for any discharge unless the department, after determining that the costs are
reasonable and necessary based on the nature, size and complexity of the
corrective action, approves the additional costs before the responsible person
incurs them. The department may specify conditions and limitations on its
approval. An approval under s.
ATCP 35.16 (2) (c) 3. constitutes an
approval under this paragraph.
(b)
A discharge under par. (a) includes all discharges that occur at a discharge
site before the responsible person initiates corrective action in response to
any of those discharges. A subsequent discharge is considered a separate
discharge under par. (a), subject to a separate $100,000 limit.
(c) A reimbursement under this subsection may
not exceed the limits provided under subs. (1) and (2).
(5) CORRECTIVE ACTION COSTS INCURRED PRIOR TO JANUARY 1, 2004. For eligible corrective action costs incurred prior to January 1, 2004, the applicable reimbursement rate under subs. (1) and (2) is 80%, rather than 75%.
(6) REDUCED REIMBURSEMENT RATE FOR REPEAT DISCHARGES. The department may reduce the applicable reimbursement rate under this section, if a reduction is appropriate under s. ATCP 35.08 (6).
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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