(1) TIMING OF
APPLICATIONS. An eligible applicant shall submit an application within the
dates required by s.
292.65(8) (a), Stats.
Note: Section
292.65(8) (a), Stats., provides that an owner or
operator may not submit an application if the owner or operator submits the
notification of potential claim under sub. (4) (c) after August 30,
2008.
(2) CONTENTS OF
APPLICATIONS. An owner or operator who seeks reimbursement of response action
costs shall complete and submit to the department all the following:
(a) An application form containing all the
following:
Note: Forms are available at no charge from the
remediation and redevelopment program in any department regional or central
office or by contacting the department at (608) 266-2111.
1. The owner or operator's name and address
and a statement indicating how the applicant qualifies as an owner or operator
under s.
NR 169.07.
2.
If an agent of the owner or operator is directing the response action, the
name, address and phone number of the agent and a dated copy of the agency
agreement.
3. A statement
indicating whether the owner or operator has applied or will apply to another
department program or another government agency for reimbursement of response
action costs incurred for the same facility.
4. Information regarding multiple owner or
operators including:
a. Names, addresses and
phone numbers of all co-owners and all co-operators.
b. A certification that the owner or operator
has made a reasonable effort to notify other owners or operators.
5. Dry cleaner facility
information including information on whether the facility is still operating or
operable, pollution prevention measures implemented and information on the
construction of the facility.
6.
Discharge information associated with the facility.
7. Consultant information, including the
contact name and business name.
8.
Insurance information, including a statement indicating whether any portion of
the response action costs for which the owner or operator seeks reimbursement
may be covered by insurance, or a statement from the owner's or operator's
insurance company stating that the insurance company has denied the owner's or
operator's claim for reimbursement of the response action costs
9. Other relevant information requested by
the department.
(b) A
reimbursement cost summary form containing all the following:
Note: Forms are available at no charge from the
remediation and redevelopment program in any department regional or central
office or by contacting the department at (608) 266-2111.
1. The total eligible response action costs
for which the owner or operator seeks reimbursement from the department and a
breakdown of those costs into the categories listed in par. (e).
2. Other relevant information requested by
the department.
(c) A
map showing the town, range, section and quarter-quarter section location of
the facility.
(d) An accurate legal
description of the land parcel where the facility is located which corresponds
to the most recent accurate parcel description filed with the register of deeds
in the county where the land parcel is located.
(e) A cost detail worksheet form which lists
and identifies each eligible response action cost for which the applicant seeks
reimbursement from the department, indicates whether the response action cost
was for an immediate action, interim remedial action, site investigation or
remedial action, and allocates cost to one of the following categories:
Note: Forms are available at no charge from the
remediation and redevelopment program in any department regional or central
office or by contacting the department at (608) 266-2111.
1. Soil investigation.
2. Soil remediation.
3. Groundwater investigation.
4. Groundwater remediation.
5. Air/vapor investigation.
6. Air/vapor remediation.
7. Laboratory and other analysis.
8. Miscellaneous.
Note: Section
292.65(8) (j), Stats., provides that if any person
applies for reimbursement of an ineligible cost, the department may deduct 50%
of the amount of that cost from that person's eligible reimbursement claim. An
owner or operator who is not certain whether a cost is eligible for
reimbursement under this chapter may contact the department for a preliminary
opinion under s. NR 169.19(1).
(f) Invoices or other information documenting
and cross referencing each of the costs listed under par. (e) and identifying
the nature of the materials or services provided, the amount charged for the
materials or services, the identity of the provider, and the dates on which the
materials or services were provided
(g) Canceled checks or other information
documenting that the applicant has paid all of the costs under par. (e), and
cross referenced to the statement provided under par. (e).
(h) For each cost listed under par. (e), a
copy of the accepted bid proposal as well as a cumulative listing of all change
orders to the original bid proposal approved to date.
(i) A spreadsheet that identifies and cross
references each cost in par. (e) with the documentation under pars. (f) and (g)
supporting that cost.
(j) A
substitute W-9 tax form completed by the owner or operator applying for
reimbursement.
Note: Reimbursement paid to an owner or
operator under this chapter may be reported as taxable income received by that
person.
(k) Other relevant
information required by the department.
Note: Contact the Department of Natural
Resources, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI
53707, for free application materials, including illustrative examples and the
forms required under this section.
(L) A statement indicating whether the owner
or operator has had past discharges at the facility for which a closure has
been granted by the department.
(m)
A record of investigation results and data interpretation.
(n) Contracts for eligible costs incurred
because of the discharge and records of the contract negotiations.
(3) COSTS INCLUDED IN
APPLICATIONS.
(a) Each reimbursement
application shall include all eligible response action costs paid after the
date an applicant's last application was submitted and before or on the date
the current application is submitted.
(b) An owner or operator may not apply for
reimbursement of eligible response action costs paid before the date of a prior
reimbursement application to the department, unless those costs were not
eligible for reimbursement under this chapter at the time of the prior
application.
(4)
APPLICATION FREQUENCY.
(a) An owner or
operator shall submit applications for immediate and interim actions as
specified in s.
NR 169.11.
(b) An owner or operator may submit an
application for reimbursement of site investigation costs when a complete ch.
NR 716 site investigation report is submitted to and approved by the
department.
(c) An owner or
operator who incurs costs for a ch. NR 716 site investigation may submit a
request for reimbursement prior to completing the site investigation report.
The minimum reimbursement request shall be $15,000 and only one reimbursement
request may be submitted within any fiscal year. No more than 3 reimbursement
requests, each accompanied by a summary of work completed through the date of
the last invoice may be submitted prior to submittal of the site investigation
report. A final reimbursement request may be submitted upon department approval
of the site investigation report.
(d) Not including the final application
submitted after closure has been granted, an owner or operator may not submit
more than 2 applications for remedial action reimbursement for each facility in
a fiscal year.
Note: An owner or operator may submit
applications for immediate actions, interim actions or site investigation
reimbursement all within the same fiscal year. The number of applications
submitted for remedial actions each year is limited to prevent too frequent
submittals of costs such as operation and maintenance.
(5) FRAUDULENT APPLICATIONS.
(a) No person may make, or conspire with
another person to make, any false, deceptive or misleading representation in
connection with any reimbursement application under this chapter.
(b) Any person who makes or conspires with
another person to make any false, deceptive or misleading representation in
connection with a reimbursement application under this chapter is ineligible
for any reimbursement for that response action or any other response action
taken or ordered at any dry cleaning facility within 5 years after the date of
that application.
Note: Persons filing fraudulent claims may also
be subject to criminal prosecution.
(c) Any person who has reason to believe that
that person has received any reimbursement for which that person is ineligible
under this section shall immediately notify the department and shall refund
with the notification the full amount of any reimbursement for which that
person is ineligible.
Section
292.65(9) (b), Stats., provides that the department
shall ask the attorney general to take action to recover awards which were
issued for applications which were fraudulent or to owners or operators who
received awards but did not meet the requirements of s.
292.65,
Stats.
