Section NR 123.23 - Issuance of an award or proceed notice(1) ISSUANCE OF A PROCEED NOTICE.(a) Upon receipt of a claim, the department shall issue a proceed notice if the department determines that the claim is complete in accordance with s. NR 123.05, the department concurs with the claimant's choice of replacement water supply or the equipment to be used for treating the contaminated private water supply and the funds left in the program appropriation are not sufficient to pay the claim. The proceed notice shall allow the claimant to begin incurring costs. The department shall issue an award as soon as funds become available.(b) The proceed notice shall specify: 1. The department approved replacement water supply or the equipment to be used for treating the contaminated private water supply;2. All eligible itemized costs; and3. The conditions to which an award, when issued, will be subject.(2) ISSUANCE OF AN AWARD. If the department determines that the claim is complete in accordance with s. NR 123.05, the department concurs with the claimant's choice of replacement water supply or the equipment to be used for treating the contaminated private water supply and funds are available, the department shall issue an award. The award shall specify: (a) The department approved replacement water supply or the equipment to be used for treating the contaminated private water supply.(b) The cost for each eligible item as set forth in s. NR 123.21(3).(c) The cost for any eligible items not set forth in s. NR 123.21(3).(3) AWARD CONDITIONS. Payment of a claim may be denied if award conditions are not met. The award will be subject to the following conditions:(a) That all eligible work be completed in accordance with the award and a payment request, which includes items specified in s. NR 123.25(1), be submitted within one year of the date of issuance of the award or within a project period extension approved by the department. This condition does not apply to cases where the secretary of the department has made a determination as provided in s. NR 123.21(1) (a).(b) That the claimant notify the department at least 48 hours prior to the commencement of the installation of the replacement water supply or equipment used for treating the contaminated private water supply.(c) That the contaminated well shall be permanently abandoned in accordance with ch. NR 812 before any payment will be made. This condition is not applicable if the award is for the reconstruction of a contaminated private water supply, for the installation of equipment used for treating the contaminated private water supply or if the claimant is informed in writing by the department that the contaminated well is not to be abandoned so that it may be used for groundwater monitoring.(d) That the replacement water supply up to and including any pressure tanks or reservoirs or the equipment to be used for treating the contaminated private water supply shall be in compliance with ch. NR 811 or 812 and ch. SPS 384, whichever apply, before any payment may be made.(e) That the claimant obtain any permits or approvals required by law to install the replacement water supply or to install any equipment to be used for treating the contaminated private water supply.(f) That the department is not responsible if the replacement water supply or if the installation of equipment used to treat the contaminated private water supply is not acceptable to the well owner or operator.(g) That the department is not responsible if the quality of the water from the replacement water supply or after installation of equipment used to treat the contaminated private water supply is not acceptable to the well owner or operator.(h) That if the award is for reconstruction of a private water supply or construction of a new water supply, the well drilling work shall be performed by a well driller, except that a sand point well may be installed by a pump installer.(i) That the installed system shall be inspected and approved by the department before payment is made.(j) That the claimant shall request reimbursement only for work approved in the award.(k) That the claimant shall provide copies of the award and proceed notice, if one was issued, to any well driller, pump installer or other contractors that are performing work on the replacement water supply or the equipment used to treat the contaminated private water supply.(L) That no changes from the well location, construction specifications or pump installation specifications of the grant award shall be made without department approval.(4) AWARD AMENDMENTS. The department may approve changes in the award amount from that established in the award when it deems such changes are necessary to meet the objectives of this chapter. Any request for a change in the amount shall be made and fully documented by the claimant and reviewed and approved by the department. Approval of amendment requests shall be subject to the availability of funds.Wis. Admin. Code Department of Natural Resources NR 123.23
Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (3) (a) and cr. (3) (1), Register, February, 1991, No. 422, eff. 3-1-91; corrections in (3) (c) and (d) made under s. 13.93(2m) (b) 7, Stats., Register, April, 1995, No. 472; corrections in (2) and (3) (d) made under s. 13.93(2m) (b) 1 and 7., Stats., Register, November, 1999, No. 527; correction in (3) (d) made under s. 13.92(4) (b) 7, Stats., Register February 2012 No. 674.