Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 738 - Temporary Emergency Water Supplies
Section NR 738.14 - Variances
Universal Citation: WI Admin Code ยง NR 738.14
Current through August 26, 2024
(1) GENERAL. The department may approve variances from provisions of this chapter when it is determined that variances do not conflict with statutory requirements, are essential to effect necessary actions or department objectives, and where special circumstances make variances in the best interests of the state.
(2)FINANCIAL HARDSHIP.
(a) The department may grant a variance from
s.
NR 738.06 to allow payment of costs under this chapter
toward a permanent replacement water supply if the following conditions are
met:
1. The well owner is the affected
party.
2. The well owner requests a
variance based upon the financial hardship criteria in par. (c) and submits
evidence, including family income, to justify the financial hardship
claim.
3. The well owner has
submitted a claim and has been issued an award or a proceed notice under s.
NR 123.23.
4.
The department determines that the cost of the permanent replacement water
supply would create an unreasonable financial hardship for the well
owner.
(b) The variance
request may be incorporated as part of a claim under ch. NR 123.
(c) If the department grants a financial
hardship variance to allow payment of costs toward a permanent replacement
water supply, payment shall be based on the following:
1. If the annual family income of the well
owner is 50% or less of the county median income for the county in which the
residence is located, as determined in accordance with s.
NR 123.20, the department may pay 100% of the remaining
eligible costs which are not covered by an award under s.
NR 123.24, less a deductible amount of $250.
2. If the annual family income of the well
owner is more than 50% but not more than 75% of the county median income for
the county in which the residence is located, as determined in accordance with
s.
NR 123.20, the department may pay 50% of the remaining
eligible costs which are not covered by an award under s.
NR 123.24, less a deductible amount of $250.
3. Notwithstanding sub. (2), if an award or a
proceed notice has been issued under s.
NR 123.23, and if the well owner's share of eligible
costs for the permanent replacement water supply exceeds 25% of the annual
family income of the well owner, the department may pay the remaining eligible
costs which are not covered by an award under s.
NR 123.24, less a deductible amount of 5% of the annual
family income.
(d) The
department may pay the greater share of the eligible costs computed under par.
(c).
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.