Application

Application process

• Familiarize yourself with the eligibility requirements for this funding.
• Contact Jenna Soyer (608-267-0543) to discuss your project.
• Document eligibility as (1) an eligible applicant, and (2) as having an eligible site.
• If you are a local government and own the site, prepare a signed municipal resolution to apply for services.
• Sign an agreement allowing the DNR and contractors to access the site.
• Complete the application form.
• Submit two hard copies of the application, and one digital version of the application on CD-ROM. Supplemental information, such as Phase I environmental site assessments, can be included on the CD-ROM, rather than as a hard copy. Mail the applicaiton materials to:
  
  Jenna Soyer- RR/5
  DNR
  PO Box 7921
  Madison WI 53707

Application form and materials

The Contractor Services Award Application (Form 4400-265) is available in two formats.

• Microsoft Word Document [DOC] (03/13) - click on the link to open the file, then save the document to your computer
• Adobe PDF [PDF]

Model documents

• Model Access Agreement [DOC] - click on the link to open the file, then save the document to your computer
• Model Municipal Resolution [DOC] - click on the link to open the file, then save the document to your computer

If you receive an award

If you are awarded WAM services, the RR Program will work closely with you and the selected environmental consultant to begin the assessment project.

Terms and conditions for these funds are established by the US EPA. To learn more, read the EPA Terms and Conditions [PDF].

Eligibility

Eligible applicants

The following entities are eligible to apply for this funding:

• General purpose units of local government;
• Tribe, or other eligible tribal entity under 40 CFR 31.3; and
• Private entities - contact Jenna Soyer (608-267-0543) for an eligibility determination.

Eligible sites

Sites meeting the project profile will be:

• a closed or closing manufacturing plant, chiefly including sites such as assembly lines, foundries, dairies, electroplaters, and other industrial facilities that meets the federal definition of a brownfield site; and
• a single property of less than 10 acres, who’s complexity could be assessed for $25,000 or less.

Sites must meet the federal definition of a brownfield:

• “…real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.”

Ineligible sites

• The site is listed (or proposed for listing) on the National Priorities List (NPL).
• The site is subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered into by parties under CERCLA.
• The site is subject to the jurisdiction, custody or control of the United States government. (NOTE: Land held in trust by the United States government for an Indian tribe is eligible for brownfield funding.)
• The site is eligible for funding under other programs such as the Dry Cleaner Environmental Response Fund (DERF), the Petroleum Environmental Cleanup Fund Act (PECFA), and the Agricultural Chemical Cleanup Program (ACCP).
• The site is a former gas or service station.

Sites needing a property-specific determination for eligibility

• The site is subject to planned or ongoing CERCLA removal actions.
• The site is subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree or to which a permit has been issued by the United States or an authorized state under the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act (RCRA)), the Federal Water Pollution Control Act (FWPCA), the Toxic Substances Control Act (TSCA), or the Safe Drinking Water Act (SDWA).
• The site is subject to corrective action orders under RCRA (sections 3004(u) or 3008(h)) and to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures.
• The site is a land disposal unit that has filed a closure notification under subtitle C of RCRA and to which closure requirements have been specified in a closure plan or permit.
• There has been a release of polychlorinated biphenyls (PCBs) subject to remediation under TSCA at the site.
• Portions of sites for which funding for remediation has been obtained from the Leaking Underground Storage Tank (LUST) Trust Fund.

Petroleum sites

Petroleum sites may be eligible for this program if the following criteria apply.

• If petroleum contamination is discovered or confirmed, the site would be of “relatively low risk”. Specifically, LUST trust fund monies have not been applied to this site and the state is not aware of any outstanding requirements under the federal Oil Pollution Act.
• If petroleum contamination is discovered or confirmed, there would be no viable responsible parties.
• The funding applicant has not caused or contributed to contamination and would not be liable for cleanup.
• This property is not subject to a corrective action order under the Resource Conservation and Recovery Act (RCRA) Sec. 9003 (h).

For information on obtaining site-specific petroleum eligibility determinations, please visit our Federal brownfield grants page.

Eligible project costs

Generally, costs associated with a Phase I or Phase II environmental site assessment are eligible for funding. In addition, costs for a site investigation, limited demolition, or underground storage tank (UST) removal may be considered. A maximum of $5,000 in eligible costs may be spent by an environmental consultant to update or develop a federally-approved Quality Assurance Project Plan (QAPP). Costs for creating Sampling Plans will also have caps.

Liability

Liability information

Applicants seeking funds from this program must not be liable for contamination at the site. Site eligibility related to liability is determined differently at sites contaminated with hazardous substances than for sites contaminated by petroleum or petroleum product.

Hazardous substances

The applicant cannot have liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [exit DNR]:

1. The applicant may not have caused the contamination and have “no affiliation” with the liable party; and
2. The applicant may demonstrate that they have no CERCLA (i.e. Superfund) liability by making one or more of the following defenses.
   • Bona Fide Prospective Purchaser Defense – for property acquired after January 11, 2002, where proper environmental due diligence was conducted, there is no affiliation with the liable party; and the specified continuing obligations (e.g., compliance with a land use control) are met.
   • Involuntary Acquisition or Transfer Defense – for property involuntarily acquired by or transferred to a governmental agency, such as through tax delinquency, escheat, foreclosure, abandonment, condemnation, or slum clearance or blight determinations. This defense is generally available only to governmental entities.
   • Standard Practice for Due Diligence – for property acquired prior to January 11, 2002. This defense is used when the applicant can demonstrate that the level of environmental due diligence conducted prior to acquisition was “standard practice” at that time. The standard for sites purchased in the last several years is a Phase 1 Environmental Assessment conducted in accordance with American Society for Testing and Materials (ASTM) guideline that was the in effect at the time the assessment was conducted.

Petroleum

Petroleum sites may be eligible for this program if the following criteria apply.

• If petroleum contamination is discovered or confirmed, the site would be of “relatively low risk”. Specifically, LUST trust fund monies have not been applied to this site and the state is not aware of any outstanding requirements under the federal Oil Pollution Act.
• If petroleum contamination is discovered or confirmed, there would be no viable responsible parties.
• The applicant has not caused or contributed to contamination and would not be liable for cleanup.
• This property is not subject to a corrective action order under the Resource Conservation and Recovery Act (RCRA) Sec. 9003 (h).

Materials for contractors

WAM Contractor Services Award - Invoice for Professional Services (Form 4400-270)

Submit one (1) copy of this completed form and invoices for all costs that are a part of this claim to the following address: WAM Contractor Services - RR/5, PO Box 7921, Madison, WI 53707-7921. Invoices must be complete in order to be processed.

• Form 4400-270 [PDF] - This is a fillable PDF. (Please Note: You will not be able to save this form unless you have Adobe Acrobat on your computer.)