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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:
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$50,000 Claim
Submittal
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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.
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Ineligibility for
Interest Reimbursement
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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.
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Investigations
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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.
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Farm Tanks
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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.
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Expedited
Hearing Process
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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.
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Frequently
Asked Questions
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< Please use indicated link.
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Usual and
Customary Costs
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< Please use indicated link.
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State Rates
As of July 1, 2001
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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.
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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.
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