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 III - Reimbursement Procedures › Section NR 747.355 - Award payments for claims received by the department on or after April 21, 1998

Current through June 24, 2024
(1) GENERAL. Awards shall be made if funds
				  are available at the time of completion of a claim review.
(2) SEQUENCING PAYMENTS.
(a) Except for those cases specified in sub.
				  (3) (a) and (b), claims shall be paid on a strict first-in-first-out basis with
				  the claim date being established when any required state agency approval and
				  the complete claim package have been received by the department.
(b)
Closure.
Payments shall
				  be made for closed remedial actions.
(c)
Progress payments.
All
				  requests for progress payments shall be accompanied by a completed Remedial
				  Action Fund Application form (ERS-8067). The department may conduct field or
				  financial audits or inspections to verify completion of each phase of
				  remediation prior to payment. Progress payments may be made only at the
				  following times:
1. Completion of an emergency
				  action.
2. After completion of an
				  investigation and receipt of written approval by the department to submit the
				  investigation claim.
3. Approval of
				  a closed remedial action.
4.
				  Approval of natural attenuation as a final remedial response or at the end of
				  each one-year cycle of the monitoring necessary to show that remediation by
				  natural attenuation will occur.
5.
				  At the end of each one-year cycle of monitoring required for off-site
				  contamination.
6. After
				  implementation and 1 year of actual operation, or monitoring, or combination
				  thereof, and every 1 year thereafter.
7. For sites selected by the department for
				  progress payments based upon extreme life safety and environmental risk and
				  where the claimant has demonstrated to the department's satisfaction that he or
				  she does not have the financial means to conduct a remediation without progress
				  payments: the department shall be the sole determiner of whether progress
				  payments are to be allowed, and an appeal of the decision to the department is
				  not allowed.
(d)
Other interim payments.
The department shall also make awards
				  at the following points:
1. When a lender
				  terminates a funding relationship with a claimant and requests reimbursement
				  for the funds expended. A completed Assignment of PECFA Reimbursement form
				  (ERS-8523) shall be submitted to the department prior to payment and the check
				  shall be jointly paid to the claimant and the lender.
2. When a claimant has incurred eligible
				  expenses equal to the occurrence maximum plus the applicable
				  deductible.
3. When the conditions
				  prescribed in s. 292.63(4) (a) 2
				  b., Stats., occur.
Note:
Section
					 292.63(4) (a) 2
					 b., Stats., reads as follows: "The department shall issue an award if the owner
					 or operator or the person has incurred at least $50,000 in unreimbursed
					 eligible costs and has not submitted a claim during the preceding 12
					 months."
4. When there is a
				  change in responsible party, if the previous responsible party files a
				  claim.
5. When there is a change in
				  consulting firms working on the project.
6. When there is a change in lenders for the
				  project.
7. When the department
				  directs filing a claim, in an effort to reduce interest costs to the program.
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
.
(e)
Penalty for
				  not submitting a required claim.
If a claim submittal that is directed
				  under par. (d) 7. is not submitted within 120 days of receiving written
				  notification of that directive, any interest expense beginning on the 121st day
				  and extending until the department receives the claim, is not
				  eligible.