(1) PETROLEUM PRODUCT STORAGE TANK SYSTEMS.
Owners or operators of a petroleum product storage systems are eligible for
reimbursement from the fund provided claims are for underground or aboveground
petroleum storage systems that are one or more of the following:
(a) Commercial tank systems larger than 110
gallons capacity.
(b) Heating oil
tank systems where the petroleum product is sold.
(c) Farm or residential tank systems larger
than 1,100 gallons capacity and not storing heating oil for consumptive use on
the premises.
(d) Tank systems
storing gasoline, diesel fuel or other vehicle fuel, other than residential
tanks of 1,100 gallons or less capacity.
(e) Farm vehicle fuel systems of 1,100
gallons or less capacity, which meet the requirements in s.
292.63(4) (ei) 1m a., Stats., regarding farm size and farm
income, and is used to store products not for resale.
(f) Heating oil tank systems owned by public
school or technical college districts, supplying heating oil for consumptive
use on the premises.
(g) Tank
systems located on trust lands of an American Indian tribe or band if the owner
or operator's tank system would be otherwise covered under pars. (a) to (f) and
the owner or operator complies with this chapter and ch. ATCP 93 and obtains
all applicable agency approvals.
(2) HEATING OIL TANK SYSTEMS. A person owning
a home heating oil tank system is eligible for reimbursement from the fund
provided the claim is for a heating oil tank system that is an underground home
heating oil tank system and the person complies with this chapter and ch. ATCP
93.
(3) EXCLUSIONS. The fund does
not cover a claim for any of the following:
(a) A pipeline facility.
(b) A commercial tank system of 110 gallons
or less capacity.
(c) A residential
motor fuel tank system of 1,100 gallons or less capacity.
(d) Any tank system that is federal or state
owned.
(e) Any tank system of 110
gallons or less capacity which is not used for the storage of home heating
oil.
(f) A nonresidential heating
or boiler tank system where the product is used on the premises where it is
stored.
(g) An underground
petroleum product storage tank system or home oil tank system that meets the
performance standards in
40 CFR
280.20 or ch. ATCP 93, was installed after
December 22, 1988, and from which a release was confirmed after December 31,
1995.
(h) An underground petroleum
product storage tank system or home oil tank system that meets the upgrading
requirements in
40 CFR 280.21(b)
to (d) or ch. ATCP 93 and a discharge is
confirmed after December 31, 1995, and the discharge is confirmed, or remedial
activities begun, after the day on which the system first met the upgrading
requirements.
(i) A new aboveground
petroleum product storage tank system that meets the performance standards
promulgated in rules by the department, installed after April 30, 1991, and
from which a discharge is confirmed after December 22, 2001.
(j) An aboveground petroleum product storage
tank system that meets the upgrade requirements promulgated by the department
and a discharge is confirmed after December 22, 2001, and the discharge is
confirmed, or remedial activities begun, after the day on which the petroleum
system first met the upgrading requirements in rules promulgated by the
department.
(k) Any other tank
system not included under sub. (1).
(4) ELIGIBLE SYSTEMS AND EXCLUDED SYSTEMS AT
THE SAME SITE.
(a)
Three possible
conditions. An owner or operator of a petroleum product storage system
which is excluded by sub. (3) (g) to (j) from coverage is eligible for
reimbursement from the fund for claims relating to other petroleum product
storage systems at the same site, where one of the following conditions
applies:
1. `Discharges are not commingled.'
A discharge that predates the deadlines in sub. (3) (g) to (j) is documented as
not commingled with any discharge excluded by sub. (3) (g) to (j).
2. `Discharges are commingled.' A discharge
that predates the deadlines in sub. (3) (g) to (j) is commingled with a
discharge excluded by sub. (3) (g) to (j).
3. `Replacement within the same tank bed.' A
storage system that predates the deadlines in sub. (3) (g) to (j) has been
replaced within the same tank bed or has been upgraded, subsequent to the
deadlines in sub. (3) (g) to (j), and documentation cannot confirm whether a
discharge there occurred before or after the deadlines.
(b)
Reimbursement rates.
1. Where par. (a) 1. applies, 100 percent of
the eligible costs may be reimbursed.
2. Where par. (a) 2. applies, the department
will consider the two discharges to be one occurrence, and will apply a
methodology of cost separation based on total tank volume, or based on other
factors acceptable to the department.
3. Where par. (a) 3. applies, 25 percent of
the eligible costs may be reimbursed, after documentation is submitted to the
department showing that all applicable tank closure and site assessment
requirements in either ch. ATCP 93 or in preceding federal regulations were
complied with, including the corresponding deadlines for performing that
closure and assessment.