Section 35.06. Application for reimbursement.

 

(1)   Application required. A responsible person who seeks reimbursement of corrective action costs shall complete and submit to the department all of the following:

(a) An "application cover sheet" containing all of the following:

1. The responsible person's name and address.

2. The name and address of the person directing the corrective action on behalf of the responsible person, if other than the responsible person.

3. A statement indicating whether the responsible person has applied or will apply to another government agency for reimbursement of corrective action costs incurred for the same discharge site.

4. Other relevant information requested by the department.

5. The last date for which an eligible corrective action cost paid by the responsible person is being submitted for reimbursement. If the last date is not specified on the application form, the last date will be the day the department receives the application.

(b) A "multiple responsible persons form" containing all of the following:

1. A certification that the responsible person has made a reasonable effort to notify other responsible persons as required under s. ATCP 35.20 (2) .

2. Other relevant information requested by the department.

(c) A "total reimbursement costs form" containing all of the following:

1. The total eligible corrective action costs for which the responsible person seeks reimbursement from the department.

2. Other relevant information requested by the department.

(d) An "insurance information form" containing all of the following:

1. A statement indicating whether any portion of the corrective action costs for which the responsible person seeks reimbursement may be covered by insurance, or a statement from the responsible person's insurance company stating that the insurance company has denied the responsible person's claim for reimbursement of the corrective action costs.

2. Other relevant information requested by the department.

(e) A map showing the township, range, section and quarter-quarter section location of the discharge site. If the agricultural chemical was discharged while being transported from a site owned or controlled by a person who owned or controlled the agricultural chemical at the time of the discharge, the application shall include a second map showing the township, range, section and quarter-quarter section location of the site from which the agricultural chemical was being transported.

(f) An accurate legal description of the land parcel on which the discharge site is located. If the agricultural chemical was discharged while being transported from a site owned or controlled by a person who owned or controlled the agricultural chemical at the time of the discharge, the application shall also include an accurate legal description of the land parcel on which that site is located. A parcel description under this paragraph shall correspond to the parcel description that was on record, at the time the discharge occurred or was discovered, with the register of deeds in the county where the land parcel is located.

(g) A summary statement identifying each eligible corrective action cost for which the applicant seeks reimbursement from the department. The statement shall include each eligible corrective action cost, paid by the applicant prior to the date of the reimbursement application, for which the applicant seeks reimbursement. The summary statement shall allocate each cost to one of the following categories:

1. Soil investigation.

2. Soil remediation.

3. Laboratory and other analysis.

4. Groundwater investigation.

5. Groundwater remediation.

6. Miscellaneous.

(h) Invoices or other information documenting each of the costs under par. (g) . Documentation shall identify the nature of the materials or services provided, the amount charged for the materials or services, the identity of the provider, and the dates on which the materials or services were provided.

(i) Canceled checks or other information documenting that the applicant has paid all of the costs under par. (g) .

(j) All of the following, for each cost item under par. (g) :

1. Every bid required under s. ATCP 35.16 (2) (a) , including every accepted and rejected bid. Each bid shall indicate the name of the contractor and the amount of the bid.

2. Every cost estimate required under s. ATCP 35.16 (2) (c) 3. , including the name of the contractor and the amount of the cost estimate.

3. Every authorization required under s. ATCP 35.16 (2) (c) 5. , including the name of the contractor and the amount of the authorization.

(k) A spreadsheet that identifies and matches each invoiced cost in par. (h) with the documentation under pars. (i) and (j) supporting that invoiced cost.

(L) A substitute W-9 tax form.

(m) Other relevant information required by the department.

(2)   Application frequency. A responsible person may not submit more than one application under sub. (1) within any 12- month period for the same discharge site.

(3)   False, deceptive or misleading representations.

(a) No person may make, or conspire with another person to make, any false, deceptive or misleading representation in connection with any reimbursement application under this section.

(b) Any person who makes, or conspires with another person to make any false, deceptive or misleading representation in connection with a reimbursement application under this section is ineligible for any reimbursement for that corrective action, and is also ineligible for reimbursement for any other corrective action taken or ordered at any discharge site within 5 years after the date of that application.

(c) If any person has reason to believe that he or she has received any reimbursement for which he or she is ineligible under this subsection, that person shall immediately notify the department and shall refund with the notification the full amount of any reimbursement for which the responsible person is ineligible.

(4)   Failure to seek reimbursement in prior application. A responsible person may not apply for reimbursement of an eligible corrective action cost which the responsible person paid during or before the period for which a prior reimbursement application has been submitted for that discharge site, unless the corrective action cost was not eligible for reimbursement under this chapter at the time of any prior reimbursement application for that discharge site.

Cr. Register, August, 1994, No. 464 , eff. 9-1-94; r. and recr. (1) and (4), Register, September, 1998, No. 513 , eff. 10-1-98; cr. (1) (a) 5. and (5), am. (1) (f), (j) (intro.) and 1., r. and recr. (4), Register, October, 2000, No. 538 , eff. 11-1-00; CR 03-119 : r. (5) Register October 2004 No. 586 , eff. 11-1-04; CR 10-122 : am. (4) Register July 2011 No. 667 , eff. 8-1-11.

Note

Under s. ATCP 35.08 (5) (b) , if any person applies for reimbursement of an ineligible cost, the department may deduct twice the amount of that cost from that person's reimbursement application if the responsible person knew or should have known that the cost was not eligible. If a responsible person is not certain whether a corrective action cost is eligible for reimbursement under this chapter, the responsible person may contact the department for a preliminary opinion under s. ATCP 35.08 (1) . Microsoft Windows NT 6.1.7601 Service Pack 1 To obtain application materials, contact the Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, P.O. Box 8911, Madison, WI 53708. The department will provide application materials, including illustrative examples and all of the forms required under pars. (a) to (d) and (L). Reimbursement paid to a responsible person under this chapter may be reportable, for tax purposes, as income received by that person. Microsoft Windows NT 6.1.7601 Service Pack 1 Persons filing fraudulent applications may also be subject to criminal prosecution. Microsoft Windows NT 6.1.7601 Service Pack 1