Section 123.20. Eligibility of claimant.

 

(1)  

(a) A claim may be submitted for the replacement of a contaminated private water supply which is contaminated at the time the claim is submitted under s. NR 123.04 , irrespective of the time the contamination is or could have been discovered in the private water supply.

(b) A claim may be submitted for the replacement of a contaminated private water supply which does not comply with ch. NR 812 at the time of submission of the claim.

(c)

1. In order to be eligible for an award under this chapter, the annual family income of the landowner or lessee of the property on which a contaminated private water supply is located may not exceed $65,000.

2. Except as provided under subd. 4. , annual family income shall be based upon the adjusted gross income of the landowner or lessee and landowner's or lessee's spouse, if any, as computed for Wisconsin income tax purposes for the taxable year prior to the year in which the claim is made.

3. The department shall determine county median family income based on statistics provided by the federal department of housing and urban development for the taxable year prior to the year in which the claim is made.

4. The claimant shall submit a copy of the landowner's or lessee's joint Wisconsin income tax return for the year prior to the year in which the claim is made; or, if filing separately, the landowner's or lessee's separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any, for the year prior to the year in which the claim is made. The department may disregard the Wisconsin income tax return for the year prior to the year in which the claim is made and may determine annual family income based on satisfactory evidence of income in the current year as provided under s. NR 123.22 (2) (g) 2. through 4.

(2)  

(a) Except as provided under sub. (4) , a landowner or lessee of property on which a contaminated private water supply is located, or the spouse, dependent, heir, assignee or legal representative of the landowner or lessee may submit a claim under this chapter.

(b) The department shall consolidate claims if more than one claimant submits a claim to replace the same contaminated private water supply.

(c) The department may consolidate claims and recommend the replacement of several contaminated private water supply systems with a single water supply system if it deems the replacement to be the most cost effective solution and the claimants agree to a single system. Each original claimant shall be eligible for an award amount as established under s. NR 123.24 for their share of the cost of the replacement system.

(3)  The department may delay approval of a claim if the department determines that a municipal water supply may be the most feasible solution to the problem of contaminated private water supplies in the area.

(4)  The following may not submit a claim under this subchapter:

(a) The state;

(b) An office, department, independent agency, institution of higher education, association, society, or other body in state government;

(c) An authority created under ch. 231 or 234 , Stats.;

(d) A city, village, town, county or special purpose district;

(e) A federal agency, department or instrumentality;

(f) An interstate agency.

Cr. Register, March, 1986, No. 363 , eff. 4-1-86; cr. (1) (c), Register, February, 1991, No. 422 , eff. 3-1-91; r. and recr. (1) (c) 1., Register, April, 1995, No. 472 , eff. 5-1-95; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1995, No. 472 .