Section 35.10. Responsible person; eligibility for reimbursement.

  A responsible person is not eligible for reimbursement of corrective action costs unless all of the following requirements are met:

(1)  The responsible person files with the department, by October 14, 2000 or within 3 years after incurring the corrective action costs, whichever is later, a reimbursement application that complies with s. ATCP 35.06 .

(2)  The responsible person complies with every corrective action order issued by the department under s. ATCP 35.02 or the department of natural resources under s. 292.11 (7) (c) , Stats.

(3)  The responsible person, upon discovering the discharge, promptly reports the discharge to the department or, if the responsible person is required to report the discharge under s. 292.11 (2) , Stats., to the department of natural resources.

(4)  If the responsible person is a commercial application business, the responsible person is in compliance, at the time of the discharge, with s. ATCP 29.20 .

(5)  If an approved workplan is required under s. ATCP 35.18 (1) , the corrective action complies with the approved workplan for that corrective action.

(6)  The corrective action complies with applicable requirements under chs. 281 to 285 and 289 to 299 , Stats., this chapter, chs. ATCP 29 to 33 , and chs. NR 700 , 706 , 708 and 712 to 727 .

(7)  The corrective action is performed by or under the direct supervision of a person who meets applicable qualification requirements under ch. NR 712 , and who has adequate training and experience to perform the corrective action.

(8)  The responsible person's application for reimbursement includes an application or waiver, under s. ATCP 35.20 (3) , from each of the responsible persons identified under s. ATCP 35.20 (2) .

Cr. Register, August, 1994, No. 464 , eff. 9-1-94; am. (1) to (4) and (6), Register, September, 1998, No. 513 , eff. 10-1-98; CR 10-122 : am. (8) Register July 2011 No. 667 , eff. 8-1-11; CR 14-047 : am. (6) Register May 2015 No. 713 , eff. 6-1-15.

Note

For corrective actions under this chapter, the department is authorized to review compliance with chs. NR 700 , 706 , 708 , and 712 to 727 , and to grant required approvals and variances under those chapters on behalf of the department of natural resources. Microsoft Windows NT 6.1.7601 Service Pack 1