Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 732 - Cost Reimbursement For Municipal Landfill Monitoring
Section NR 732.05 - Eligibility
Universal Citation: WI Admin Code ยง NR 732.05
Current through August 26, 2024
(1) A municipality that is an owner or a past or present operator of a closed, nonapproved municipal landfill or waste site may seek reimbursement for any eligible costs of monitoring incurred pursuant to an order issued by the department under s. 289.31(7) (d), Stats., if all of the following conditions are satisfied:
(a) The
municipality is in compliance with the order issued by the department under s.
289.31(7) (d), Stats.
(b) The municipality has provided an
affidavit to the department that the municipality has filed a claim for the
costs of monitoring with all of the municipality's past and present liability
insurance carriers, for which insurance coverage may still be in effect, and
that to date coverage has been denied in whole or in part.
(c) If the municipality's liability insurance
carriers pay the municipality for any of the monitoring costs for the same
closed, nonapproved municipal landfill or waste site for which the municipality
received any payment under this chapter, the municipality agrees that it shall
reimburse the department for the payments made under this chapter from the
insurance proceeds.
(d) The costs
incurred are reasonable and necessary for the monitoring that has been
ordered.
(2) Any monitoring that is conducted at a nonapproved municipal landfill that closes after the issuance of a department order requiring monitoring shall not be eligible for reimbursement under this chapter.
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