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 747.12 - Claim process
Universal Citation: WI Admin Code ยง NR 747.12
Current through August 26, 2024
(1) APPLICATION. A claimant shall submit a claim in a format prescribed by the department, and shall include all of the following that are applicable:
(a) For a
claim covering the site investigation and the preparation of a remedial action
plan, a copy of the report providing the information detailed in s.
NR 716.15 and the letter provided by the department
indicating that the remedial action plan submittal requirements have been
complied with and that submittal of the claim is authorized.
(b) A copy of the Underground Petroleum
Product Tank Inventory form (ERS-7437) for each underground tank system at the
site and a copy of the Aboveground Petroleum Product Tank Inventory form
(ERS-8731) for each aboveground tank system at the site.
(c) The bid specifications and a copy of the
bids for commodity services as required in s.
NR 747.33.
(d) Documentation verifying actual costs
incurred because of the petroleum product discharge, which shall include
receipts, invoices including contractor's and subcontractor's invoices,
interest costs, loan fees, accounts, and processed payments.
(e) Proof of payment for all invoices
including copies of both sides of canceled checks or money orders or alternate
proofs of payment approved by the department.
(f) Properly detailed and itemized receipts
for remedial activities and services performed.
(g) Owner's, operator's, home oil tank
owner's or the responsible party's social security number or federal tax
identification number.
(h) Other
records or statements that the department determines to be necessary to
complete the application.
(i)
Signature of the owner, operator or person owning home oil tank system on the
application.
(j) A certificate or
certificates verifying the existence of the insurance coverage required in ch.
SPS 305 for all the environmental consultants who performed work included in a
claim.
(2) INCOMPLETE CLAIMS.
(a) Incomplete claims, lack of
verification of payment of costs, lack of signatures, and other factors may
delay processing of claims or change the schedule of the review.
(b) Claims received by the department which
contain unpaid invoices shall, at the department's discretion, be assigned a
review date no earlier than the date proof of payment was provided to the
department.
(c) PECFA claims for
awards may not be processed without proper and complete documentation
including, but not limited to, Underground Petroleum Product Tank Inventory
forms (ERS-7437), Aboveground Petroleum Product Tank Inventory forms
(ERS-8731), Remedial Action Fund Application form (ERS-8067), department letter
indicating compliance with remedial action plan submittal requirements
(investigation claim), report providing information detailed in s.
NR 716.15 (investigation claim), evidence of the source
of the petroleum product discharge and the degree and extent of the soil or
water contamination resulting from the discharge, proof of payment of costs
incurred in remediation, approval of closed remedial action, responsible
party's social security number or federal tax identification number, and other
forms available from the department necessary for claim processing.
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.
(3) REQUEST FOR ADDITIONAL INFORMATION.
(a) Once the
department has begun the review of a claim, the department may request that
additional information be submitted 15 business days from the date of the
request. Otherwise, the claim may be deemed incomplete and progress payments
may be denied. These claims, when complete, may be rescheduled for review after
more recently received complete claims.
(b) The department may request additional
information from owners, operators or persons owning home oil tank systems,
agents, consultants, contractors or subcontractors as necessary.
(c) Failure to respond to a request, within
the 15 business day response period for additional information, may result in a
delay in payment, disallowance of interest costs accrued, action against a
consultant, or scheduling a meeting with the responsible party and the
department or other individuals.
1. The
department may disallow interest costs accrued during the period when no
response has been received, by issuing a letter stating the intent, on a
specified date, to disallow payments on interest costs accrued during this
period as specified in par. (c).
2.
Appeal of disallowed interest costs, shall be conducted as specified in s.
NR 747.53.
(4) COSTS INCURRED IN REMEDIATION. Only eligible costs, as specified in s. NR 747.30, that have been paid, shall be submitted for an award.
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.