Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.25 - Legal ramifications of awards

Current through June 24, 2024
(1) CONTRIBUTORY
				NEGLIGENCE. The department may not diminish or deny an award under this chapter
				as a result of negligence attributable to the applicant or any person who is
				entitled to submit an application, except as provided in s.
				292.65(8)
				(h), Stats.
Note: Section
				  292.65(8)
				  (h), Stats., cross references s.
				  292.65(8)
				  (d) 3, Stats., which states that applications
				  from applicants who were grossly negligent in maintaining the dry cleaning
				  facility in question shall be denied.
(2) ASSIGNMENT OF AWARDS. Awards may be
				assigned as provided in s.
				292.65(8)
				(i), Stats.
Note: Section
				  292.65(8)
				  (i), Stats., provides that the filing by an
				  applicant with the department of an assignment of an award under this section
				  to a person who loans money to the applicant for the purpose of conducting
				  activities required under sub. (4) creates and perfects a lien in favor of the
				  assignee in the proceeds of the award. The lien secures all principal,
				  interest, fees, costs and expenses of the assignee related to the loan and has
				  priority over any previously existing or subsequently created lien, assignment,
				  security interest or other interest in the proceeds of the award.
(3) REDUCTION OF AWARDS. Awards
				based on applications that contain ineligible costs under s.
				NR
				169.11(3) shall be adjusted as
				provided in s.
				292.65(8)
				(j), Stats.
Note: Section
				  292.65(8)
				  (j), Stats., provides that:
1. If an owner or operator prepares and
				submits an application that includes ineligible costs that are identified by
				the department by rule, the department shall calculate the award by determining
				the amount that the award would otherwise be under pars. (e) and (f) based only
				on the eligible costs and then by reducing that amount by 50% of the ineligible
				costs identified by rule that are included in the application.
2. If a person other than an owner or
				operator prepares an application that is submitted by the owner or operator and
				that includes ineligible costs that are identified by rule, the person shall
				pay to the department an amount equal to 50% of the ineligible costs identified
				by rule that are included in the application. A person, other than an owner or
				operator, who prepares an application may not charge the owner or operator for
				any amount that the person is required to pay under this subdivision. Payments
				made under this subdivision shall be deposited in the dry cleaner environmental
				response fund.
3m. If a person
				other than an owner or operator prepares a statement that is submitted by the
				owner or operator to obtain payment for costs incurred by a 3rd party under
				sub. (7) (b) and the statement includes ineligible costs, the person shall pay
				to the department an amount equal to 50% of the amount of ineligible costs
				included in the statement.
4. If,
				prior to receiving an award under this section, an owner or operator receives
				payment from another person, including an insurance company, arising out of an
				application for payment of any eligible costs or receives a tax credit based on
				any eligible costs, the department may not reimburse the owner or operator any
				amount that exceeds the difference between the amount of the award calculated
				under s.
				292.65(8)
				(e), (f), and (j) 1. and 2., Stats., and the
				amount by which the payment exceeds the sum of the deductible and the amount by
				which the amount calculated under s.
				292.65(8)
				(e), Stats., exceeds the maximum award under
				s.
				292.65(8)
				(f), Stats.