Remediation of Polychlorinated Biphenyls (PCB) Contaminated Sediment

(s. 292.68, Wis. Stats., and DRAFT ch. NR 560, Wis. Adm. Code)

There is no grant funding available for this program at this time.

"Special April 2, 2009, update for parties interested in this reimbursement program."

The 2007-2009 Biennial Budget (2007 Wis. Act 20) directed the Department of Natural Resources (DNR) to administer a program that provides financial assistance to certain responsible parties for the difference between costs associated with transporting and disposing of polychlorinated biphenyls (PCB) contaminated sediments at out-of-state hazardous waste disposal facilities and the cost of disposing those same sediments in Wisconsin.

At this time, the DNR is developing ch. NR 560, Wis. Admin. Code, to implement and administer this financial assistance program. Until the DRAFT administrative code is final and funds are available, the DNR is accepting applications from eligible sponsors. Additional details about this program appear below.

1. Eligible Applicants
2. Eligible Projects
3. Eligible Costs
4. Ineligible Costs
5. How to Submit an Application
6. Program Contacts
7. Department Decision on Application
8. Allocation of State Funds
9. If State Funds Are Not Available
10. State Share of Project
11. Applicant Share of Project
12. Record Keeping Requirements
13. Reimbursement Award
14. Appendix: DNR Forms

Eligible Applicants:

Wisconsin towns, villages, cities, public entity, private business, or nonprofit organization are eligible to apply. In addition, more than one of these entities acting jointly may also apply.

To be eligible, applicant must also:

• Be a “responsible party”, as defined under s. 292.11, Wis. Stats., or 42 USC 9601 to 9675, or
• Have entered into a consent decree with the DNR or the US Environmental Protection Agency under which a remediation project is undertaken that contains polychlorinated biphenyls (PCBs) in concentration of 50 parts per million or greater.

Eligible Projects:

Eligible projects are those that involve remediation of PCB contaminated sediments from a water of the state of Wisconsin. In particular, projects must involve sediment that:

• Is contaminated with PCBs in a concentration of 50 parts per million or greater.
• Was dredged from the bed or bank of navigable water in the state of Wisconsin.
• Was transported to and disposed of at a licensed hazardous waste disposal facility outside Wisconsin and that disposal occurred on or after May 1, 2007, and the disposal occurred within two years of the date of the application to the DNR.

Eligible Costs:

The following costs are eligible for financial assistance IF disposal of the PCB contaminated sediment occurred on or after May 1, 2007, and the disposal occurred within two years of the date of application to the DNR.

• Costs of transporting PCB contaminated sediment to a hazardous waste disposal facility outside Wisconsin.
• Fees for disposing of the PCB contaminated sediment in an out-of-state hazardous waste disposal facility minus such costs for the disposal if a Wisconsin disposal facility was available.
• Cost of any permits that an applicant is required to obtain in order to transport and dispose of the PCB contaminated sediment.
• Costs associated with sampling and analysis to characterize excavated sediment as PCB contaminated.

Note: An applicant may not apply for financial aid of eligible costs prior to the cost being incurred.

Ineligible Costs:

Costs not specifically mentioned in the eligible costs section above are ineligible for financial assistance. Ineligible costs include, but are not limited to, the following:

• Costs to prepare the application or to contest an application decision made by the DNR.
• Ordinary operating expenses of the applicant including salaries and fringe benefit costs of personnel and the purchasing or leasing of supplies or equipment or facilities.
• Charges for meals, lodging, travel, air travel, or other personal expenses.
• Costs incurred by any federal, state, or local government entity for services they routinely provide.
• Costs that the applicant has not yet paid, or for which the owner or operator may later receive a discount or rebate or where payment may be received under another federal or state financial assistance program. If, after being reimbursed by the DNR for any cost, an applicant is reimbursed for the same cost from another source, the owner or operator shall promptly notify the DNR and repay any duplicate financial aid, unless otherwise directed by the DNR.
• Costs incurred prior to May 1, 2007, and on or after the first day of the 24th month before the month in which the application is submitted.
• Costs incurred by a federal, state, or local government for overseeing investigation or remedial action costs.
• Investigation or remedial action costs incurred by the applicant or its agent.
• Fees required by third parties to obtain samples, including municipal permits or access fees except as necessary for sampling and analytical costs associated with characterizing excavated PCB contaminated sediment that is needed for disposal.
• Sampling and analytical costs associated with characterizing in situ PCB sediment contamination.
• Costs to analyze environmental samples for substances that are not PCBs.
• Costs associated with the excavation or dredging of PCB contaminated sediment.
• Supplemental charges for expedited services, including expedited laboratory analysis, mail or parcel delivery service, unless the DNR approves those charges in advance.
• Costs for environmental audits, evaluation or appraisals, other than those needed for the effective planning and implementation of a response action.
• Financing costs, including interest and loan origination fees.
• Contractor charges that are not based on services provided by the contractor or costs for subcontractor service charges or markups.
• Costs not documented by an invoice and a canceled check, or other conclusive proof of payment by the eligible applicant applying for financial aid.
• Costs for contractor services that exceed the contractor’s bid amount for those services.
• Costs incurred by an applicant because of a contractor’s breach of contract.
• Costs associated with the delivery of documents.
• Any fines and penalties due to violations of, or failure to comply with, federal, state or local laws or regulations.
• Liability claims or judgments.
• Costs which creates a real or apparent conflict of interest -- such as awarding a contract to a spouse, partner, or other person -- and then receiving a gratuity or favor resulting from the award of the contract.
• Costs that are fraudulent.
• Costs that the DNR determines to be unreasonable or unnecessary.

How to Submit an Application:

Only applications on DNR Form 8700-318 will be considered. See link to application form and instructions below.

Send completed, signed and dated application form and required attachments to:

Program Contacts:

Department Decision on Application:

The DNR Program Manager will do all of the following:

• Request additional information from the applicant for applications found to be incomplete.
• Approve part or all of a complete application that complies with the requirements of this program.
• Include “special conditions” for the grant award, if needed
• Issue a status letter to the applicant (complete vs. incomplete; denied vs. approved)

Allocation of State Funds:

Reimbursement payments will be issued on a first-come, first-served basis, until all program funds are exhausted. Rank order for payments will be based on the date on which an application is deemed complete by the DNR Program Manager.

If State Funds Are Not Available:

If the amount determined as eligible for reimbursement by the DNR Program Manager exceeds the amount available to the program, the DNR Grant Manager shall issue a partial payment using available funds and issue payment for the balance when additional funds become available. The DNR Grant Manager shall notify the applicant, in writing, as to the reason for the partial payment.

If no funds are available at the time of a reimbursement request, the DNR Grant Manager will send the applicant a “Grant Award” indicating the total amount approved for the application and an explanation that reimbursement will be possible when and if additional funds become available. There is no guarantee that additional funds will be provided.

State Share of Project:

The state share of a project may not exceed 95% of actual DNR-approved eligible costs.

Applicant Share of Project:

The applicant’s share of total eligible costs shall be at least 5%. The applicant’s share may not be comprised of “in-kind” costs.

Record Keeping Requirements:

The applicant shall maintain an accounting system that accurately reflects all fiscal transactions, incorporates appropriate controls and safeguards, and provides a clear reference, particularly as to source of original documents in the application. For additional details and cautions, consult the PCB Application Guide below.

Reimbursement Award:

Applications deemed complete by the DNR Program Manager will be forwarded to the DNR Grant Manager. The DNR Grant Manager will issue the grant award and any reimbursement to the applicant.

Appendix: DNR Forms

• PCB Application Guide [PDF 36KB]
• Application Form 8700-325 [PDF 19KB] (4 pages)
• Checklist for Application [PDF 43KB]
• Reimbursement Cost Worksheet - this is page 4 of the application [PDF 11KB]
• W-9 Form[PDF 49KB]