Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.20 - Multiple responsible persons

(1) REIMBURSEMENT LIMIT. If more than one responsible person is eligible for reimbursement under this chapter for corrective action taken in response to one or more discharges at the same discharge site, the combined amount paid to those responsible persons may not exceed the maximum amount specified for a discharge under s. ATCP 35.22 (4) (a) or a discharge site under s. ATCP 35.22 (1) or (2).

Note: See s. 94.73 (6) (am), Stats.

(2) NOTICE TO OTHER RESPONSIBLE PERSONS.

(a) Before any responsible person files a reimbursement application under s. ATCP 35.06, that responsible person shall make a reasonable effort to notify every other person, known to the applicant, who may be a responsible person and who has incurred or may foreseeably incur corrective action costs related to the same discharge site. The reimbursement application shall identify every potentially responsible person whom the applicant has notified or attempted to notify under this paragraph.

(b) The department may require an applicant to notify other responsible persons, known to the department, who have incurred or may foreseeably incur corrective action costs related to the same discharge site.

Note: A responsible person who fails to give notice under sub. (2) may be liable to those not notified if, because of that failure, those persons are disqualified from all or part of the reimbursement to which they would otherwise be entitled.

(3) JOINT APPLICATION. The department shall deny a reimbursement application unless every responsible person successfully notified under sub. (2) includes the applicant's full claim for reimbursement as part of the same joint application, or waives any claim for reimbursement related to discharges to date at that discharge site. If a notified person fails to submit an application within 30 days after receiving notice, or fails to provide documentation under s. ATCP 35.06 (1) within 60 days after receiving notice, that failure constitutes a waiver of that person's claim with respect to that application.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.20

Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1), Register, September, 1998, No. 513, eff. 10-1-98; CR 10-122: am. (3) Register July 2011 No. 667, eff. 8-1-11. Amended by, CR 22-080: am. (3) Register February 2024 No. 818, eff. 3/1/2024