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 747.36 - Third-party claims

Current through June 24, 2024
(1) GENERAL. A responsible party may file a
				  claim with the department for the reimbursement of an amount paid to third
				  parties for personal injury to another individual or off-site property damage
				  associated with a petroleum product discharge from an underground petroleum
				  product storage tank system within the scope of this chapter. The existence of
				  these claims shall be made known to the department, by the responsible party,
				  no later than 30 calendar days from the date that the responsible party knew or
				  could have reasonably been expected to have known of the occurrence of the
				  injury or personal property loss. Rules established by the office of the
				  commissioner of insurance, as specified in s.
				  Ins
				  6.35, concerning ineligible costs for third-party
				  claims, shall apply.
(2)
				  THIRD-PARTY COMPENSATION FOR UNDERGROUND STORAGE TANKS. Costs incurred from
				  environmental pollution and remediation actions, including compensation to
				  third parties for property damage and individual bodily injury, may be deemed
				  eligible costs as specified in s.
				  NR
				  747.30(1).
Note:
Liabilities which are excluded from
					 coverage in liability insurance policies for bodily injury and liabilities
					 which are excluded in liability insurance policies for property damage, for the
					 purpose of this chapter, are defined by the state of Wisconsin commissioner of
					 insurance, as specified in s.
					 Ins
					 6.35, as required in s.
					 292.63(1m),
					 Stats.
Note:
If a person conducts a remedial action
					 activity for a discharge from a petroleum product storage tank system or home
					 oil tank system, whether or not the person files a claim under this chapter,
					 the claim and remedial action activity conducted are not evidence of liability
					 or an admission of liability for any potential or actual environmental
					 pollution, as specified in s.
					 292.63(7) (b),
					 Stats.
(3) INTERVENTION IN
				  THIRD-PARTY CLAIMS. The owner or operator of an underground petroleum product
				  storage system eligible for an award under the scope of this chapter, shall
				  notify the department in writing of any action by a third party against the
				  owner or operator for compensation. The department may intervene in any
				  third-party actions against an owner or operator of an underground petroleum
				  product storage tank system for compensation for bodily injury or property
				  damage. The department of justice may assist the department in this
				  intervention.
(4) THIRD-PARTY
				  COMPENSATION FOR ABOVEGROUND STORAGE TANK SYSTEMS. Third-party damages are not
				  a reimbursable expense if the damage is the result of a discharge from an
				  aboveground petroleum product storage system.
(5) REASONABLE JUDGMENT DETERMINATION.
(a) Third-party personal injury. The
				  department may establish a peer review adjudicator panel to review third-party
				  personal injury reimbursement claims resulting from a discharge from an
				  underground petroleum product system under the scope of this chapter. The
				  review panel shall make a monetary determination for reimbursement based upon
				  reasonable health care service costs and other computation methods established
				  by the department.
(b) Peer review
				  adjudicator panel. The panel may make a recommendation to the department for an
				  award from the fund to compensate the third party for personal injury or
				  property damage. The department shall review the recommendation and make a
				  decision regarding an award amount under the program.
(c) Third-party property claims. For
				  third-party claims associated with the removal of property items such as, but
				  not limited to, blacktop and cement, the depreciated value of the property may
				  be reimbursed. The basis of the value of the property shall be included in the
				  claim. Full replacement costs may not be reimbursed by the fund.