(1) GENERAL. Eligible actions are those
actions that comply with chs.
NR
700 to
728, including immediate and
interim actions, site investigations and remedial actions.
(a) Immediate and interim actions include
those actions identified in ch. NR 708.
(b) Site investigations include those actions
identified in ch. NR 716.
(c)
Remedial actions include those actions that comply with the standards
identified in chs.
NR 722 and
724.
(2) PRE-DISCOVERY ACTIVITIES.
(a) An eligible applicant may conduct site
investigation scoping or equivalent activities before discovering that a
release had occurred in order to document that a dry cleaning product release
had occurred from the dry cleaning facility associated with the eligible
applicant.
(b) Reimbursement of
site investigation scoping or other equivalent pre-discovery activities shall
be limited to those identified in s.
NR 169.05(27) and are exempt from the
contracting and consulting provisions in s.
NR 169.23.
(c) Costs for site investigation scoping are
eligible site investigation costs if they meet all of the following
requirements:
1. They are limited to costs of
investigating the discharge of a dry cleaning product from a former or current
dry cleaning facility.
2. They
result in the documentation of a discharge and subsequent notification of that
discharge pursuant to s.
292.11,
Stats.
3. The department deems the
costs reasonable.
(d)
Costs for site investigation scoping or other equivalent pre-discovery
activities shall be considered site investigation costs and submitted with the
site investigation reimbursement application. Only site investigation scoping
or other equivalent pre-discovery actions that result in the documentation of a
release of a dry cleaning product from a dry cleaning facility are eligible for
reimbursement under this chapter.
(e) Eligible site investigation scoping costs
up to $15,000 that are incurred by a third party may be included in an eligible
applicant's site investigation reimbursement application if they meet all the
following requirements:
1. The costs are
approved by the department project manager.
2. The activities for which the costs were
incurred resulted in the initial discovery of a dry cleaning solvent release
from a dry cleaning facility.
3.
The activities for which the costs were incurred meet the requirements of this
section.
Note: Section
292.65(7) (b) 2 Stats., states eligible costs for an
award under this section include reasonable and necessary costs, up to $15,000,
incurred by a 3rd party in the discovery of a discharge of dry cleaning product
from an eligible owner's or operator's dry cleaning facility before the
eligible owner or operator discovered the discharge.
(f) All results of the site
investigation scoping or other equivalent pre-discovery activities shall be
made available to each consultant preparing a site investigation workplan under
s.
NR 169.23.
If departmental review of site investigation scoping or
other equivalent pre-discovery activities is requested, the review will be
subject to fees under ch. NR 749. If a release is documented, those fees are
eligible expenses for the purpose of reimbursement.
