Section NR 730.07 - Municipal cost share(1) GENERAL. (a) The department may require a municipality that is not a potentially responsible party under CERCLA to pay up to 50% of the amount expended by the department, for a Superfund-financed response action taken in cooperation with the U.S. EPA, under CERCLA. A payment schedule for the municipal cost-share amount shall be negotiated between the municipality and the department, and shall include credit to the municipality for provision of operation and maintenance activities, as well [as] credit for payment of any capital costs. A municipality shall not be required to pay more than $3 per capita in any one year.(b) A response action need not be taken within the boundaries of a municipality for that municipality to be required to pay a share of the state's Superfund cost share. More than one municipality may be required to pay a share of the state's cost share at a CERCLA site, with the total amount charged to all municipalities at a given site not to exceed 50% of the amount of the state's cost-share. If more than one municipality will benefit, the analysis performed pursuant to sub. (2) shall be done for each municipality.(2) METHOD. The department shall use the following methods specified in pars. (a) to (d), including Tables 1 and 2, to determine the portion of the state's Superfund cost share a municipality shall be required to pay. (a) The department shall use Table 1 to determine the appropriate percentage for the full property value per capita in the municipality, as specified in subd. 1., and the appropriate percentage for the average per capita income of residents in the municipality, as specified in subd. 2.1. The full property value per capita in the municipality. The full property value per capita for each municipality shall be determined using the most recent data published by the Wisconsin department of revenue. The full property value per capita for a municipality shall be compared with the full property value per capita for all municipalities in Wisconsin to determine the municipality's relative ability to pay with respect to per capita property value.2. The average per capita personal income of residents in the municipality. The most recent Wisconsin department of revenue statistics that are available shall be used to determine the per capita personal income for all municipalities in Wisconsin. The average per capita personal income for a municipality shall be compared with the average per capita personal income for all municipalities in Wisconsin to determine the municipality's relative per capita personal income.(b) The full property value per capita in the municipality and the per capita personal income of the residents in the municipality, compared to all Wisconsin municipalities, shall be calculated separately and the resulting percentages shall be summed together to get a total percentage for Table 1. Table 1
Municipality's Property Value per Capita Divided by Average Property Value per Capita for All Wisconsin Municipalities | Relative Ability to Pay |
>100% | 25% |
75% - 99.9% | 18% |
50% - 74.99% | 12% |
25% - 49.99% | 6% |
0% - 24.99% | 1% |
Municipality's per Capita Income Divided by Average per Capita Income for All Wisconsin Municipalities | Relative Ability to Pay |
[GREATER THAN]100% | 25% |
75% - 99.99% | 18% |
50% - 74.99% | 12% |
25% - 49.99% | 6% |
0 - 24.99% | 1% |
(c) The department shall use Table 2 to determine the benefit received by the municipality. The benefit of a remedial action to a municipality shall be defined in terms of the cost savings to the municipality resulting from implementation of the remedial action. To calculate the benefit, cost savings for the 10 years following construction of the remedial action shall be used in situations where the remedial action will require operation and maintenance after construction is completed. In calculating the benefit, only those projects that would be performed by the municipality (i.e. installation of a new water supply, road maintenance or flood protection) shall be counted. Table 2
Benefit to the municipality, measured as a percentage of most recent annual budget | Percentage for purposes of determining amount municipality is required to pay |
[GREATER THAN]50% | 50% |
25.1 - 49.9% | 25% |
10.1 - 24.9% | 10% |
[LESS THAN]10% | 1% |
(d) After the individual percentages have been determined using the methods in pars. (b) and (c), the percentages shall be summed and divided by 2 to get a final percentage. The final percentage shall represent the percentage of the state's Superfund cost share the municipality shall have to pay.Wis. Admin. Code Department of Natural Resources NR 730.07
Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) (b) made under s. 13.93(2m) (b) 7, Stats., Register, April, 2000, No. 532.