Section 35.26. Partial corrective action; reimbursement.

 

(1)  Upon completing any of the following portions of a corrective action, a responsible person may apply for and receive reimbursement of eligible corrective action costs which the responsible person pays prior to the reimbursement application date:

(a) An emergency response, if any.

(b) A soil investigation approved by the department. If the soil investigation concludes that active soil remediation is necessary, the department shall approve an active soil remediation plan before reimbursing the responsible person for the soil investigation.

(2)  The department may not reimburse any portion of a corrective action under sub. (1) unless the responsible person demonstrates, to the department's satisfaction, that the responsible person is proceeding in a timely manner with the remainder of the corrective action. The department may withhold reimbursement pending department approval of a workplan for the remainder of the corrective action.

(3)  If, after receiving any reimbursement under sub. (1) , a responsible person fails to complete a corrective action as required under this subsection, the department may direct the responsible person to return that reimbursement by a specified date. If the department properly directs a responsible person to return a reimbursement, the responsible person shall return the reimbursement according to the department's directive.

(4)  Reimbursement under sub. (1) for a portion of a corrective action does not affect the reimbursement rate that applies to a discharge under s. ATCP 35.22 (4) (a) or to a discharge site under s. ATCP 35.22 (1) or (2) .

Cr. Register, August, 1994, No. 464 , eff. 9-1-94; r. and recr. Register, September, 1998, No. 513 , eff. 10-1-98.