Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 35 - Agricultural Chemical Cleanup Program › Section ATCP 35.04 - Costs eligible for reimbursement

Current through June 24, 2024
Subject to the provisions of this chapter, the department
				  shall reimburse a responsible person for the following corrective action costs,
				  and no others:
(1) The cost of
				qualified professional services needed for the effective planning and
				implementation of a corrective action, including engineering, hydrogeologic,
				field technician, hazardous waste disposal or general contractor
				services.
(2) Costs to sample and
				analyze soils, groundwater or other media. This may include costs for soil
				boring, installation of monitoring wells, sample collection, sample analysis
				and related activities.
(3) Costs
				to excavate contaminated soils and other contaminated materials, including
				backfilling and grading to restore the contours or drainage characteristics of
				land altered by the corrective action.
(4) Costs to collect, handle, transport,
				treat or dispose of contaminated soils, groundwater or other contaminated
				materials. If the responsible person disposes of contaminated soils by means of
				landspreading under s.
				ATCP
				35.03, the department may reimburse the following
				additional costs related to that landspreading:
(a) Reasonable costs for tillage that is in
				excess of normal tillage and that is needed to reduce soil compaction caused by
				the landspreading. The department may not reimburse costs for more than 2
				tillage passes.
(b) Costs for
				pre-plant nitrogen testing of the landspreading site to determine appropriate
				nitrogen credits for landspread soil that includes a significant nitrogen
				component. The department may reimburse pre-plant nitrogen testing only if that
				testing uses sampling and analytical methods that are scientifically recognized
				and standard within the agronomic community.
(c) Locally reasonable rent, not to exceed
				rent for one growing season, for cropland taken out of production for any of
				the following reasons:
1. The necessary
				stockpiling of soil, pending landspreading.
2. Crop harvesting restrictions in the
				landspreading permit.
(d) Costs to compensate a landowner for crop
				loss or yield reduction that occurs within one year after the landspreading if
				the landowner demonstrates, to a reasonable degree of certainty, that the crop
				loss or yield reduction was caused by one of the following:
1. Agricultural chemicals that were present
				in the landspread soil, but not known to be present when the landspreading
				occurred.
2. Planting delays caused
				by the landspreading.
3. Soil
				compaction caused by landspreading, notwithstanding reasonable tillage of the
				landspreading site.
(e)
				Costs to compensate a landspreading site owner for access, scheduling and like
				costs related to landspreading, if that compensation is necessary to obtain
				access to a landspreading site. The department may reimburse costs that are
				locally reasonable, and do not exceed $0.50 per cubic yard of landspread soil.
				This paragraph does not apply to landspreading on a site owned by the
				responsible person.
(f) Costs to
				remove rocks and other debris from landspread soils. The department may
				reimburse costs to remove rocks and other debris before or after the
				landspreading occurs, but not both. The department may not reimburse costs to
				remove rocks or debris more than 90 days after landspreading is completed. If a
				responsible person obtains competitive bids to screen the soil before it is
				landspread, the responsible person may not substitute the costs for
				post-landspreading debris removal without obtaining competitive bids under s.
				ATCP
				35.16.