(1) PROCESSING APPLICATIONS.
(a)
Preliminary opinion. The
department may issue a preliminary opinion which is not binding on the
department on whether an applicant is eligible for reimbursement of response
action costs.
(b)
Notice
acknowledging application. Within 30 days after the department
receives an application under s.
NR 169.19, the department shall issue a written notice to
the applicant acknowledging receipt of the application.
(c)
Request for additional
information. Following receipt of an application under s.
NR 169.19, the department may require an applicant to
submit any additional information that may be relevant to the department's
review of the application.
(d)
Decision. Within 90 days after the department receives a
complete application under s.
NR 169.19, including any additional information required
by the department under par. (c), the department shall issue a written decision
approving or disapproving the application. The department may approve part of
an application, or approve an application subject to conditions specified by
the department. In its decision the department shall specify all the following:
1. The amount of eligible costs, if any, for
which reimbursement may be paid.
2.
The total amount, if any, approved for payment under s.
NR 169.13. The decision shall specify that payment is
subject to the terms and conditions specified in this chapter.
3. Any amounts and items not approved and the
reasons for that disapproval. The department shall also explain any amounts
deducted from the reimbursement application under sub. (3).
(2) DENIAL OF
APPLICATIONS. Applications shall be denied as provided in s.
292.65(8) (d), Stats.
Note: Section
292.65(8) (d), Stats., provides that the department
shall deny an application if any of the following applies:
1. The application is not within the scope of
the statute.
2. The applicant
submits a fraudulent application.
3. The applicant has been grossly negligent
in the maintenance of the dry cleaning facility.
4. The applicant intentionally damaged the
dry cleaning equipment.
5. The
applicant falsified records.
6. The
applicant willfully failed to comply with laws or rules of this state
concerning the use or disposal of dry cleaning solvents.
7. All of the fees, interest and penalties
due under ss.
77.9961,
77.9962 and
77.9964, Stats.,
have not been paid unless an agreement has been entered into with the
department of revenue establishing a payment schedule for all of the fees,
interest and penalties due.
8. The
dry cleaning product discharge was caused on or after October 14, 1997, by a
person who provided services or products to the owner or operator or to a prior
owner or operator of the dry cleaning facility, including a person who provided
perchloroethylene to the owner or operator or prior owner or operator of a dry
cleaning facility using a system other than a closed, direct-coupled delivery
system.
Note: Section
292.65(8)
(j), Stats., and s.
NR 169.25(3) establish award reductions
if ineligible costs are included in the application prepared either by the
owner, operator or consultant.
(3) DEDUCTIBLES.
(a) The department may only make an award for
eligible costs incurred at each dry cleaning facility that exceed the
deductibles or other costs as specified in s.
292.65(8) (e), Stats.
Note: Section
292.65(8) (e), Stats., provides that eligible costs
incurred at each dry cleaning facility may be paid if they exceed the
following:
a. If eligible costs are
$200,000 or less, $10,000.
b. If
eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of
the amount by which eligible costs exceed $200,000.
c. If eligible costs exceed $400,000, $26,000
plus 10% of the amount by which eligible costs exceed $400,000.
Note: Costs and deductibles are calculated on a cumulative
per site basis.
(b) The department may waive deductibles as
specified in s.
292.65(8) (g), Stats.
Note: Section
292.65(8) (g), Stats., provides that the department may
waive the requirement that an owner or operator pay the deductible amount if
the department determines that the owner or operator is unable to pay. If the
department waives the deductible requirement, the department shall record a
statement of lien with the register of deeds of the county in which the dry
cleaning facility is located. If the department records the statement of lien,
the department has a lien on the property on which the dry cleaning facility is
located in the amount of the deductible that was waived. The property remains
subject to the lien until that amount is paid in full at which point the
department will record a satisfaction of lien.
(4) MAXIMUM AWARDS. Pursuant to s.
292.65(8) (f), Stats., $500,000 is the maximum amount
that may be paid for costs at a single dry cleaning facility for immediate
actions, both emergency and non-emergency, and site investigations and remedial
actions.
Note: The maximum award amount applies to each facility
rather than to each owner or operator. Costs and deductible maximums also apply
per facility. If a facility is sold and the new owner or operator spends money
to continue cleanup from an older release or to cleanup from a new release, the
owner or operator may be eligible for reimbursement under this chapter to the
extent that the maximum award amount payable under sub. (4) has not been
exceeded. Awards to a subsequent owner or operator will be reduced by the
amount of the deductibles under sub. (3) that have not been exceeded.
(5) MULTIPLE CLAIMANTS. If more
than one owner or operator is eligible for reimbursement under this chapter for
response action taken for one or more discharges at the facility, the combined
amount paid to those owners or operators may not exceed the maximum amount
specified for a facility under sub. (4).
