Wis. Admin. Code Department of Natural Resources § NR 750.07 - Assessment and payment of fees for department oversight on or after March 1, 1996

Current through March 28, 2022

(1) ASSESSMENT OF OVERSIGHT FEES. Beginning on March 1, 1996, applicants shall pay oversight fees to offset department costs incurred on or after July 1, 1995, for activities conducted under s. 292.15, Stats., and this chapter. Oversight fees assessed to applicants shall be based upon the hourly billing rate, established under sub. (2), for hours spent by department staff and other department costs, including, but not limited to, the following activities:
(a) Review of submittals required under this chapter, chs. NR 700 to 754 or under an agreement entered into under s. NR 728.07, or participation in meetings with the applicants or their representatives to discuss an application or proposed project.
(b) Negotiating and entering into contracts under s. 292.15(2) (a) 3 or 4., Stats.
(c) Negotiating and entering into an agreement under s. 292.15(4), Stats.

Note: Section 292.15(4), Stats., was repealed by 2011 Wis. Act 103.

(d) Review of file documents and required submittals to determine whether or not the project may be closed and a certificate of completion may be issued.
(e) Providing assistance in response to any other request by the applicant after the applicant is notified that the department believes that the property is eligible under s. 292.15, Stats.
(f) Placement of the property on the department database, in accordance s. 292.12(3) or s. 292.57, Stats., unless other fees are specified in ch. NR 749 to add sites to the database.
(2)HOURLY BILLING RATE. The department shall calculate on an annual basis an hourly billing rate at which oversight fees shall be assessed. The hourly billing rate shall be calculated by averaging hourly wages of personnel employed by the department in the contaminated land recycling program, and by multiplying the sum by the annual fringe benefit rate and the annual indirect rate. Indirect costs include costs associated with personnel providing support to employees who provide oversight, daily operating costs, travel, equipment, supplies and training.
(3)DEPOSIT. The applicant shall submit to the department an advance deposit to cover oversight fees. The advance deposit shall be submitted within 30 days after the applicant is notified that the department believes that the property is eligible under s. 292.15, Stats. The advance deposit shall be $2,000 for properties of one acre or less and $4,000 for properties larger than one acre.
(4)QUARTERLY PAYMENTS.
(a) General. If the advance deposit paid by the applicant is not sufficient to offset the department's costs for providing oversight, the department shall bill the applicant on a quarterly basis for additional costs incurred by the department. The applicant shall pay the department within 30 days after receiving the department's quarterly fee statement.
(b) Information request. The applicant may request, in writing, within 10 days after the date the fee statement is issued, that the department supply to the applicant a list of department staff and the hours that they spent on oversight activities associated with the project.
(5)RETURN OF ANY UNUSED DEPOSIT. When the applicant has been issued a certificate of completion under s. 292.15, Stats., or after department receipt of a notice under s. NR 750.05(3), the department shall return to the applicant any amount of the applicant's deposit that exceeds the amount of costs incurred by the department for the applicant's project.
(7)FAILURE TO PAY REQUIRED FEES. If the applicant fails to pay department oversight fees that are required under this section, the department shall cease to provide oversight to the applicant and may not issue a certificate of completion as provided under s. 292.15, Stats.

Notes

Wis. Admin. Code Department of Natural Resources § NR 750.07
Cr. Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1) (a), (e), cr. (1) (f), renum. (3) (a) to (3) and am., r. (3) (b), (6), am. (7) Register October 2013 No. 694, eff. 11-1-13.

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