Section 123.06. Denial of claims.

 

(1)  The department shall deny a claim if:

(a) The claim is not within the scope of this chapter as determined by the department.

(b) The claimant submits a fraudulent claim.

(c) The claim is for reimbursement of costs incurred before the date of issuance of an award or proceed notice except costs allowed under ss. NR 123.21 (1) (d) 3. and 123.27 .

(d) One or more of the contaminants upon which the claim is based was introduced into the well through the plumbing connected to the well.

(e) One or more of the contaminants upon which the claim is based was introduced into the well intentionally by a claimant or a person who would be directly benefitted by payment of the claim, or a person who aids and abets the introduction of the contaminant, or a person who is a party to a conspiracy with another to commit, advise, hire, counsel or procure another to introduce the contaminants into the well.

(f) All of the contaminants upon which the claim is based are naturally occurring substances and the concentration of contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location.

(g) Except as provided in s. NR 123.26 , an award has been made under this chapter within the previous 10 years for the private water supply.

(h) A residential water supply is contaminated by bacteria or nitrates or both and is not contaminated by any other substance.

(i) A livestock water supply is contaminated by bacteria and is not contaminated by any other substance.

(j) The claimant submits a claim to replace a contaminated public water supply that is connected to 15 or more dwelling units.

Cr. Register, March, 1986, No. 363 , eff. 4-1-86; am. (1) (c) and r. (2), Register, February, 1991, No. 422 , eff. 3-1-91.