Section 35.22. Reimbursement amounts.

 

(1)   General reimbursement formula.

(a) Except as provided in subs. (2) through (6) , the department shall reimburse a responsible person for each discharge site an amount equal to 75% of the eligible corrective action costs that are greater than $3,000 and less than $400,000. To this amount, the department shall add interest costs under s. ATCP 35.25 .

(b) If no more than $3,000 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under par. (a) may not exceed $297,750.

(c) If more than $3,000 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under par. (a) may not exceed $317,600 or the sum of the following, whichever amount is less:

1. Eighty percent of the eligible corrective action costs incurred prior to January 1, 2004 that exceed $3,000.

2. Seventy-five percent of the difference between $400,000 and the eligible corrective action costs incurred prior to January 1, 2004.

(2)   Different reimbursement formula for some persons.

(a) Except as provided in subs. (3) through (6) , the department shall reimburse a responsible person for each discharge site an amount equal to 75% of the eligible corrective action costs that are greater than $7,500 and less than $400,000 if any of the following apply at the time the discharge occurs or is discovered:

1. The responsible person is required to be licensed under ss. 94.67 to 94.71 , Stats.

2. The responsible person employs more than 25 persons.

3. The responsible person has gross annual sales of more than $2,500,000.

(b) To the amount under par. (a) the department shall add interest costs under s. ATCP 35.25 .

(c) If no more than $7,500 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under pars. (a) and (b) may not exceed $294,375.

(d) If more than $7,500 of the eligible corrective action costs under par. (a) were incurred prior to January 1, 2004, the total amount paid under pars. (a) and (b) may not exceed $314,000 or the sum of the following, whichever amount is less:

1. Eighty percent of the eligible corrective action costs incurred prior to January 1, 2004 that exceed $7,500.

2. Seventy-five percent of the difference between $400,000 and the eligible corrective action costs incurred prior to January 1, 2004.

(3)   Transportation discharges. For purposes of subs. (1) and (2) , whenever an agricultural chemical is discharged while being transported from a site owned or controlled by a person who owns or controls the discharged agricultural chemical, the discharge is deemed to occur at that site.

(4)   Preapproval required for some corrective action costs.

(a) The department may not reimburse corrective action costs that exceed $100,000 for any discharge unless the department, after determining that the costs are reasonable and necessary based on the nature, size and complexity of the corrective action, approves the additional costs before the responsible person incurs them. The department may specify conditions and limitations on its approval. An approval under s. ATCP 35.16 (2) (c) 3. constitutes an approval under this paragraph.

(b) A discharge under par. (a) includes all discharges that occur at a discharge site before the responsible person initiates corrective action in response to any of those discharges. A subsequent discharge is considered a separate discharge under par. (a) , subject to a separate $100,000 limit.

(c) A reimbursement under this subsection may not exceed the limits provided under subs. (1) and (2) .

(5)   Corrective action costs incurred prior to January 1 , 2004 . For eligible corrective action costs incurred prior to January 1, 2004, the applicable reimbursement rate under subs. (1) and (2) is 80%, rather than 75%.

(6)   Reduced reimbursement rate for repeat discharges. The department may reduce the applicable reimbursement rate under this section, if a reduction is appropriate under s. ATCP 35.08 (6) .

Cr. Register, August, 1994, No. 464 , eff. 9-1-94; r. and recr., Register, September, 1998, No. 513 , eff. 10-1-98; am. (1), (2) (a) (intro.) and (4) (a), r. (4) (b), Register, October, 2000, No. 538 , eff. 11-1-00; CR 03-119 : r. and recr. (1) and (2), renum. (4) (c) and (d) to be (4) (b) and (c), cr. (5) and (6) Register October 2004 No. 586 , eff. 11-1-04.