Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF COMMERCE
CHAPTER COMM 47 PETROLEUM ENVIRONMENTAL CLEANUP FUND
SUBCHAPTER III -- REIMBURSEMENT PROCEDURES
Date:
08/31/2009
Document:
Wis. Adm. Code Comm 47.355 (2011)
Comm 47.355 Award payments for claims received by the department on or after April 21, 1998.
(1) GENERAL. Awards shall be made if funds are available at the time of completion of a claim review.
(2) SEQUENCING PAYMENTS. (a) Except for those cases specified in sub. (3) (a) and (b), claims shall be paid on a strict first-in-first-out basis with the claim date being established when any required state agency approval and the complete claim package have been received by the department.
(b) Closure. Payments shall be made for closed remedial actions.
(c) Progress payments. All requests for progress payments shall be accompanied by a completed Remedial Action Fund Application form (ERS-8067). The department may conduct field or financial audits or inspections to verify completion of each phase of remediation prior to payment. Progress payments may be made only at the following times:
1. Completion of an emergency action.
2. After completion of an investigation and receipt of written approval by the department to submit the investigation claim.
3. Approval of a closed remedial action.
4. Approval of natural attenuation as a final remedial response or at the end of each one-year cycle of the monitoring necessary to show that remediation by natural attenuation will occur.
5. At the end of each one-year cycle of monitoring required for off-site contamination.
6. After implementation and 1 year of actual operation, or monitoring, or combination thereof, and every 1 year thereafter.
7. For sites selected by the department for progress payments based upon extreme life safety and environmental risk and where the claimant has demonstrated to the department's satisfaction that he or she does not have the financial means to conduct a remediation without progress payments: the department shall be the sole determiner of whether progress payments are to be allowed, and an appeal of the decision to the department is not allowed.
(d) Other interim payments. The department shall also make awards at the following points:
1. When a lender terminates a funding relationship with a claimant and requests reimbursement for the funds expended. A completed Assignment of PECFA Reimbursement form (ERS-8523) shall be submitted to the department prior to payment and the check shall be jointly paid to the claimant and the lender.
2. When a claimant has incurred eligible expenses equal to the occurrence maximum plus the applicable deductible.
3. When the conditions prescribed in s. 101.143 (4) (a) 2. b., Stats., occur.
Note: Section 101.143 (4) (a) 2. b., Stats., reads as follows: "The department shall issue an award if the owner or operator or the person has incurred at least $ 50,000 in unreimbursed eligible costs and has not submitted a claim during the preceding 12 months."
4. When there is a change in responsible party, if the previous responsible party files a claim.
5. When there is a change in consulting firms working on the project.
6. When there is a change in lenders for the project.
7. When the department directs filing a claim, in an effort to reduce interest costs to the program.
Note: The department forms required in this chapter are available from the Environmental and Regulatory Services Division at P.O. Box 7838, Madison. WI 53707-7838, or at telephone 608/267-3753 and 608/264-8777 (TTY), or at the Department of Commerce Web site at www.commerce.wi.gov. under petroleum programs and PECFA.
(e) Penalty for not submitting a required claim. If a claim submittal that is directed under par. (d) 7, is not submitted within 120 days of receiving written notification of that directive, any interest expense beginning on the 121st day and extending until the department receives the claim, is not eligible.
(3) PRIORITY PROCESSING. (a) Emergency actions. The department may, after determining that an emergency exists, make an award in advance of claims received prior to the emergency claim. The finding of an emergency shall be made based upon an immediate need to protect public health and safety. The finding of an emergency may not be based on financial hardship or indigence of the responsible party or agent. The department shall be the sole determiner of whether an emergency exists, and an appeal of the decision to the department is not allowed.
(b) Cost-effective remediations, tanks for schools and farms, and home oil tanks. 1. Claims received under subds. 2. and 3. may be processed and awards may be made thereto, before processing other complete claims, except for emergency claims under par. (a), and except for claims for either home oil tanks or farm tanks, as prescribed in s. 101.143 (4) (a) 5. and 5m., Stats., respectively.
Note: Sections 101.143 (4) (a) 5. and 5m., Stats., read as follows:
"5. The department shall review claims related to home oil tank discharges as soon as the claims are received. The department shall issue an award for an eligible home oil tank discharge as soon as it completes the review of the claim.
5m. The department shall review claims related to discharges from farm tanks described in par. (ei) as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in par. (ei) as soon as it completes the review of the claim."
2. Priority processing may be assigned to a claim for a closed remedial action that is achieved at a total cost of $ 60,000 or less, excluding interest.
3. Priority processing may be assigned to a claim for a petroleum product storage system which is owned by a school district and which is used for storing heating oil for consumptive use on the premises where
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