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Environmental Services - PECFA UPDATE #16

This update revisits some important changes that were part of the Budget Bill signed on August 30, 2001.

Changes to State Statute 101.143 regarding:

$50,000 Claim Submittal

Interest

Investigations

Farm Tanks

- Expedited Hearing Process

Other Reimbursement Issues Include:

Frequently Asked Questions

Usual and Customary Costs

State Rates

Personnel Notes:


$50,000 Claim  Submittal

  A claim  may be submitted if at least $50,000 in unreimbursed eligible costs has been incurred and no claim has been submitted during the previous 12 months.

Note: Claims submitted must have sufficient documentation to allow PECFA to determine site eligibility, dollar amount of coverage, number of occurrences and eligibility of costs incurred and claimed. Lacking this information, the claim cannot be audited.


  Ineligibility for  Interest Reimbursement

If a claim is submitted more than 120 days after receipt of **no further action notification, interest costs incurred 60 days after notification of no further action are not eligible costs.

If written notification of **no further remedial action is received before August 31, 2001 and final claim is submitted more than 120 days after August 31, 2001 interest costs incurred after January 2, 2002 are ineligible.

** Includes "Conditional closure", "No Further Remedial Action", "No further Action" and "Closure" letters.


  Investigations 

Investigations begun after August 31, 2001 must be completed by the first day of the 61st month after notification of contamination or interest costs incurred after that date are ineligible.

Investigations begun before August 31, 2001 must be completed by the first day of the 61st month after notification of contamination or the first day of the 25th month after August 31, 2001 whichever is later; interest costs incurred after the later of those dates are ineligible.


Farm Tanks 

To be eligible for a farm tank award a claimant must own, or have owned at the time of notification, a parcel of 35 or more acres of contiguous land on which the farm tank is located.

Note: A claim can be submitted by a person who, at the time that notification was made, met the primary agricultural use and financial requirements during the year preceding notification. Or, a claim can be submitted by the current owner or operator who meets the primary agricultural use and financial requirements during the year preceding submission of a first claim.


  Expedited  Hearing Process

The department will begin an Expedited Hearing Process in late October or early November as a pilot program to further reduce the number of pending appeals and lessen the time it takes to get to a hearing. The process will be used in those appeals that involve less complicated issues where the amount appealed is less than $5,000.

Each hearing will be set for a maximum of one hour and will be heard by one of the Assistant Legal Counsels for the Wisconsin Department of Commerce. The Hearing Officers will not have any prior involvement with the appeals they are hearing. A member of the PECFA staff who either made the original cost-eligibility decision or is familiar with the issues will represent the department at the hearing.

The PECFA program will be sending notices to the responsible parties with appeals selected as fitting the above criteria advising them of the specifics of the process. If you have questions, contact the Appeals Coordinator, Laura Pleasants at (608) 261-2511 or attorney Kris Randal at (608) 267-3314.

Frequently Asked Questions 


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Usual and Customary Costs 


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State Rates 
As of July 1, 2001

Personal vehicle reimbursed at 32.5 cents per mile. Equipped van or truck reimbursed at 50.0 cents per mile. Meal Reimbursement including tip: Morning $8.00, Noon Meal $9.00, and Evening Meal $17.00. If an employee chooses a bag lunch instead of purchasing a noon meal, reimbursement shall be $4.00 for each bag lunch. The maximum reimbursement rates for lodging excluding taxes is $62.00. Milwaukee, Waukesha and Racine County lodging rates are $72.00.

Cathy M. Cliff as Administrator of Environmental and Regulatory Services. Cathy joins Commerce with a wealth of knowledge and training in business and management. For the past five years, Cathy headed the Department of Natural Resources' (DNR) Education and Public Affairs Section, which is responsible for the education and communication of matters relating to budget development, public affairs, and policy. Her extensive exposure in business and management include: working as Chief of DNR's Education and Youth Programs Section, directing department educational programs; management positions at the Bureau of Social Security Disability Insurance in the former Department of Health and Human Services. Cathy's experience will help to further our commitment to protect and restore the environment, as well as meet the needs of the program and claimant.

Join us in welcoming Cathy to the Department.