Section 6.05. Supporting documentation.

 

(1)  Supporting documentation shall include an invoice itemizing the response team's emergency response costs for services rendered. Documentation shall be submitted to support the response team's good faith effort to identify the responsible party and to collect response costs from a responsible party once identified.

(2)  Documentation for the authorized level A response teams shall include, but is not limited to, a letter, with supporting documentation and the applicable collection procedure, from the local agency certifying that it has complied with its standard and customary collection procedures to collect its emergency response costs from a responsible party that is unknown, unable or unwilling to pay.

(3)  Documentation for the authorized level B response teams shall include, but is not limited to, a letter, with supporting documentation, from the sponsoring municipality certifying steps and efforts taken to collect emergency response costs from a responsible party that is unknown, unable or unwilling to pay.

(4)  Additional supporting documentation shall be submitted by the response teams and shall include the following information, as applicable:

(a) The hazardous materials incident response matrix, DMA form 1060, used by a regional or local emergency response team to determine the initial response to an emergency.

(b) When no responsible party can be identified, the response team shall submit reports from appropriate law enforcement agencies who have investigated the release site, abandoned containers, vehicles or vessels. The supporting documentation shall address attempts to document possible addresses, identification numbers, bills of lading or other potential identifying information that could establish a responsible party.

(c) If the responsible party is identified, but is unable to pay, then documentation shall include a determination or analysis by a qualified authority that the responsible party does not have adequate money or other resources to reimburse the response team for emergency response costs.

(d) If the responsible party is identified, but is unwilling to pay, then documentation shall include proof of personal service or substituted personal service of a notice for payment upon the responsible party and attempts to resolve billing disputes with the responsible party.

(5)  A response team and reviewing entity must certify that:

(a) All costs are accurate, and were incurred specifically for the response for which reimbursement is being requested;

(b) The level A response team complied with the requirement to notify the division under the contract for regional hazardous materials response team services;

(c) Reimbursement for costs incurred for response activities does not supplant local funds normally provided for response;

(d) The responsible party cannot be identified, is unable to pay, or is unwilling to pay;

(e) Good faith efforts have been made to recover costs from the responsible party and from any other available source, and that such effort has been unsuccessful;

(f) Response actions were consistent with applicable safety regulations, which include, but are not limited to, 29 CFR 1910.120 and ch. SPS 330 .

(g) The hazardous materials incident response matrix, DMA form 1060, was used by the regional or local emergency response team to determine the appropriate initial response to the emergency.

History: Cr. Register, May, 1997, No. 497 , eff. 6-1-97; CR 02-106 : renum. (4) (a) to (c) to be (4) (b) to (d), cr. (4) (a) and (5) (g) Register October 2003 No. 574 , eff. 11-1-03; correction in (5) (f) made under s. 13.92 (4) (b) 7. , Stats., Register February 2012 No. 674 .