Section NR 169.09 - Eligible actions(1) GENERAL. Eligible actions are those actions that comply with chs. NR 700 to 728, including immediate and interim actions, site investigations and remedial actions. (a) Immediate and interim actions include those actions identified in ch. NR 708.(b) Site investigations include those actions identified in ch. NR 716.(c) Remedial actions include those actions that comply with the standards identified in chs. NR 722 and 724.(2) PRE-DISCOVERY ACTIVITIES. (a) An eligible applicant may conduct site investigation scoping or equivalent activities before discovering that a release had occurred in order to document that a dry cleaning product release had occurred from the dry cleaning facility associated with the eligible applicant.(b) Reimbursement of site investigation scoping or other equivalent pre-discovery activities shall be limited to those identified in s. NR 169.05(27) and are exempt from the contracting and consulting provisions in s. NR 169.23.(c) Costs for site investigation scoping are eligible site investigation costs if they meet all of the following requirements: 1. They are limited to costs of investigating the discharge of a dry cleaning product from a former or current dry cleaning facility.2. They result in the documentation of a discharge and subsequent notification of that discharge pursuant to s. 292.11, Stats.3. The department deems the costs reasonable.(d) Costs for site investigation scoping or other equivalent pre-discovery activities shall be considered site investigation costs and submitted with the site investigation reimbursement application. Only site investigation scoping or other equivalent pre-discovery actions that result in the documentation of a release of a dry cleaning product from a dry cleaning facility are eligible for reimbursement under this chapter.(e) Eligible site investigation scoping costs up to $15,000 that are incurred by a third party may be included in an eligible applicant's site investigation reimbursement application if they meet all the following requirements: 1. The costs are approved by the department project manager.2. The activities for which the costs were incurred resulted in the initial discovery of a dry cleaning solvent release from a dry cleaning facility.3. The activities for which the costs were incurred meet the requirements of this section. Note: Section 292.65(7) (b) 2 Stats., states eligible costs for an award under this section include reasonable and necessary costs, up to $15,000, incurred by a 3rd party in the discovery of a discharge of dry cleaning product from an eligible owner's or operator's dry cleaning facility before the eligible owner or operator discovered the discharge.
(f) All results of the site investigation scoping or other equivalent pre-discovery activities shall be made available to each consultant preparing a site investigation workplan under s. NR 169.23.Wis. Admin. Code Department of Natural Resources NR 169.09
CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.If departmental review of site investigation scoping or other equivalent pre-discovery activities is requested, the review will be subject to fees under ch. NR 749. If a release is documented, those fees are eligible expenses for the purpose of reimbursement.