Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 169 - Dry cleaner environmental response program
Section NR 169.27 - Administration of reimbursement awards
Universal Citation: WI Admin Code ยง NR 169.27
Current through August 26, 2024
(1) RECORDS, RETENTION AND AUDITING. An owner or operator who receives reimbursement shall retain all records pertaining to the project for a period of 3 years after the date of final payment and, upon request, shall make the records available to the department. Records requests by the department shall allow at least 48 hours for the records to be made available by the owner or operator who receives reimbursement.
(2) DISPUTES.
(a)
Decision of the
department. Except as otherwise provided by law, the department shall
decide any dispute regarding or arising under a reimbursement award, including
disputes regarding decisions under s.
NR 169.21(1) (d) to
(5). The department shall notify the
reimbursement recipient of its decision in writing by personal service or by
certified mail with return receipt requested.
(b)
Review of the decision.
A decision of the department made pursuant to this subsection shall be final
unless within 30 days from the date of the decision, the recipient serves the
secretary by personal service or certified mail with return receipt requested
with a written petition requesting an administrative hearing and specifically
stating the disputed facts or law which warrant a modification or reversal of
the decision. Petitions are deemed filed upon receipt by the department. Any
review of a department decision filed pursuant to this paragraph shall be
treated as a contested case and adjudicated in accordance with ch. 227, Stats.,
and ch. NR 2.
(3) REIMBURSEMENT TERMINATION.
(a) The department
and an owner or operator who receives reimbursement may enter into an agreement
to terminate the reimbursement award at any time under this subsection. The
termination agreement shall establish the effective date of termination of the
reimbursement, the basis for settlement of award termination costs, and the
amount and date of payment of any sums due any party.
(b) The department may terminate a
reimbursement award in whole or in part, and require the owner or operator who
received reimbursement to repay all or part of the reimbursement amount, if the
department determines any of the following apply:
1. There has been no substantial performance
on the project by the owner or operator who received reimbursement.
2. There is substantial evidence that
reimbursement was obtained on the basis of inaccurate or erroneous information
or by fraud.
3. The owner or
operator who received reimbursement has failed to comply with the provisions of
this chapter.
(4) ENFORCEMENT. The department may impose any of the following sanctions upon an owner or operator who receives an award but fails to comply with the provisions of this chapter:
(a) The department may terminate the
reimbursement award in accordance with sub. (3).
(b) The department may declare project costs
directly related to the noncompliance ineligible for reimbursement
funding.
(c) The department may
seek recovery of awards it paid under this chapter.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
