Section NR 738.12 - Department approval and payment(1) GENERAL. The department shall evaluate requests for a temporary emergency water supply in accordance with the criteria in ss. NR 738.10 and 738.11.(2)OWNERSHIP. Provision of a temporary emergency water supply shall be contingent upon the affected party entering into a written agreement with the department that the affected party shall own and be responsible for the proper maintenance of any physical equipment constructed or provided as part of the temporary emergency water supply.(3)APPROVAL. When the department determines that the eligibility criteria in subs. (1) and (2) have been met, the department shall approve the use of environmental fund moneys and shall do all of the following:(a) Provide the affected party with a written approval for the provision of a temporary emergency water supply within 14 days of receiving the written request.(b) Make the necessary arrangements for provision of temporary emergency water supplies to the affected party.(c) Select the most appropriate temporary emergency water supply.(4)PAYMENT. The department shall pay 100% of the eligible costs for providing a temporary emergency water supply using moneys from the environmental fund as long as moneys are available in the fund.Wis. Admin. Code Department of Natural Resources NR 738.12
Cr. Register, October, 1995, No. 478, eff. 11-1-95; CR 12-023: 738.12 renum. from 738.07, am. (1), (3) (intro.), cr. (3) (c) Register October 2013 No. 694, eff. 11-1-13. The department does not have statutory authority to use environmental fund moneys to provide temporary or permanent water supplies if the substances of public health concern are from naturally occurring sources of contamination. If the department discovers that the source of the substances is from natural processes after department funding is approved, the department will terminate funding of the temporary emergency water supply. The variance provision in s. NR 738.14 does not allow the department to continue to use environmental fund moneys where the source of a substance of public health concern is not from a hazardous substance discharge or environmental pollution from a site or facility.