(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.
Notes
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.
