Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 747 - PETROLEUM ENVIRONMENTAL CLEANUP FUND
Subchapter II - Program Eligibility
Section NR 747.10 - Initial claim eligibility
Universal Citation: WI Admin Code ยง NR 747.10
Current through August 26, 2024
(1) GENERAL.
(a)
Responsible parties.
Responsible parties may submit claims to the department pursuant to s.
292.63(4),
Stats., for reimbursement of eligible costs incurred because of a petroleum
product discharge from a petroleum product storage system or home oil tank
system.
1. If a responsible party is not the
sole owner of the site, an Owner Assignment Certification form (ERS-8070) shall
be filed with the department to establish one entity to submit the claim and
receive the award under this chapter.
2. The responsible party, owner or operator,
agent or an assignee, as established in subd. 1., may submit a claim if all of
the following are performed:
a. Documentation
that the source of a discharge or discharges is from a petroleum product
storage system or home oil tank system;
b. Notification to the department, before
conducting a site investigation or remedial action activity, of the potential
for submitting a claim under this chapter, except in emergency situations as
provided under s. 292.63(3) (g),
Stats.;
c. Registration of the
petroleum product storage system or the home oil tank system with the
department of agriculture, trade and consumer protection under ss.
168.21 to
168.26,
Stats.;
d. Report of the discharge
in a timely manner to the division of emergency government in the department of
military affairs or to the department, according to the requirements under ch.
292, Stats.;
e. Investigation of
the degree and extent of environmental damage caused by the discharge from a
petroleum product storage system or home oil tank system;
f. Recovery and proper disposal of any
recoverable petroleum products in the discharge from a petroleum product
storage system or home oil tank system;
g. Disposal of any residual solid or
hazardous waste in a manner consistent with local, state and federal laws,
rules and regulations;
h.
Verification that the owner has maintained the site in compliance with laws and
rules of the state concerning the storage of petroleum products; and
i. Restoration of the environment according
to applicable standards using the most cost-effective approvable alternative
available.
3. Owners or
operators, or persons owning home oil tank systems, who were not owners or
operators, or who were not persons owning home oil tank systems, when a
petroleum product discharge occurred, and who meet all of the conditions of
this section, may submit a claim for an award under the scope of this
chapter.
(b)
Agents.
1. `Individuals as
agents.' Except as specified in subd. 2., an owner or operator or the person
owning a home oil tank system may, with the written approval of the department,
enter into a written agreement with another person to act as an agent. An
agent, in order to be approved and receive payment under the fund, shall agree
to complete the remediation up to the point of operation and maintenance or
long-term monitoring. The agent and the owner, operator, or person owning the
home oil tank system shall jointly submit a claim for an award after completing
all applicable requirements under this chapter and submittal of a Current Agent
Assignment Certification form (ERS-8079) to the department. An award made under
this paragraph shall be made payable to both the agent and owner, operator or
person owning the home oil tank system.
2. `Department of transportation as agent.'
With prior written approval of the department and the owner, operator or the
person owning the home oil tank system, the department of transportation may
act as an agent as specified in subd. 1., when the petroleum product storage
system or home oil tank system is located on property that is or may be
affected by a transportation project under the jurisdiction of the department
of transportation. The scope of the department of transportation shall be
limited to the activities under subd. 3. The department of transportation shall
submit the claim for an award as specified under this section with the award to
be jointly paid to the owner, operator or the person owning the home oil tank
system and the department of transportation for eligible costs incurred by the
department of transportation in conducting the activities specified under subd.
3.
3. `Activities of agents.' All
agents shall be limited to the following activities:
a. Completing the site investigation to
determine the degree and extent of the environmental contamination caused by
the discharge from a petroleum product storage tank system or a home oil tank
system and preparing the analysis and report as specified in s.
NR 747.337.
b. Conducting bids for all commodity services
necessary at the site to restore the environment and minimize the harmful
effects from the petroleum products discharge up to point of operation and
maintenance or long-term monitoring.
c. Providing commodity services that have
reimbursement maximums which are determined either by the usual and customary
cost schedule established under s.
NR 747.325, or by the public bidding process in subch.
VI.
Note: The department forms required in this chapter are available from the Wisconsin DNR, Bureau for Remediation & Redevelopment, P.O. Box 7921, Madison WI 53707-7921 or at http://dnr.wi.gov/topic/brownfields/pecfa.html.
(2) PROVISIONS OF ELIGIBILITY LETTER.
(a) When an owner, operator or person owning
a home oil tank system has registered the tank systems on the property
associated with the discharge and notified the department as specified under s.
NR 747.11, the
department shall upon request of the responsible party provide a letter of
eligibility determination. This letter may include information on the PECFA
program and the department's initial determination of the eligibility for an
award under this chapter.
(b) The
initial eligibility determination is made by the department based upon the
information made available prior to the determination.
(c) This letter of eligibility may be used in
securing loans to cover estimated costs for a proposed remediation.
(d) The initial estimate of eligibility shall
not be binding if subsequently the owner, operator, person owning a home
heating oil tank system or other source provides the department with additional
information which necessitates a subsequent ineligibility determination to be
made by the department.
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.
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