AB999,19,103 (b) 1. If residual contamination remains on a site after the conclusion of
4remedial action at the site, the agency with administrative authority shall request
5the department to list the site, and any requirements, limitations, or conditions
6imposed under sub. (2) (a) to (c), in the database maintained by the department
7under par. (a) and, as a condition of approving remedial action or of issuing a case
8closure letter, shall require the person requesting approval of remedial action or case
9closure to provide the information necessary for the listing and to pay a fee
10established by the department for the listing.
AB999,19,1611 2. If the department has directed that a local governmental unit or economic
12development corporation take action under s. 292.11 (9) (e) 4. for a site, the
13department shall list the site, and the action that the department has directed, in the
14database maintained by the department under par. (a) and require the local
15governmental unit or the corporation to pay a fee established by the department for
16the listing.
AB999,19,22 17(4) Notification of residual contamination. Before a person applies for case
18closure for a site that includes any property that has residual contamination and is
19not owned by the person, the person shall provide written notification of the residual
20contamination to the owner of that property. The person shall include in the notice,
21at a minimum, a description of the type of residual contamination and the location
22and description of any engineering control on the site.
AB999,20,3 23(5) Compliance with requirements and limitations. (a) A person who owns
24property, including a property or site that is listed under sub. (3) (b), shall comply
25with requirements described in sub. (2) (a) or (b) that are imposed by an agency with

1administrative authority without regard to when the person obtained the property,
2unless another person has a legally enforceable responsibility to comply with the
3requirements.
AB999,20,74 (b) A person who owns or occupies property, including a property or site that
5is listed under sub. (3) (b), shall comply with limitations or conditions described in
6sub. (2) (c) that are imposed by an agency with administrative authority without
7regard to when the person obtained or occupied the property.
AB999,20,15 8(6) Modification of requirements. A person may request the agency with
9administrative authority over a site to change or eliminate a requirement,
10limitation, or condition that it imposed under sub. (2) (a) to (c) with respect to a site.
11If the agency with administrative authority agrees to change or eliminate a
12requirement, limitation, or condition imposed under sub. (2) (a) to (c), it shall provide
13written approval to the person, shall request the department to change the listing
14under sub. (3) (b) for the site accordingly, and shall require the person to pay a fee
15established by the department for changing the listing.
AB999, s. 38 16Section 38. 292.15 (2) (ae) 7. of the statutes is created to read:
AB999,20,2317 292.15 (2) (ae) 7. If the voluntary party owns or controls the property, the
18voluntary party allows the department, any authorized representative of the
19department, a representative of a company that has issued insurance required under
20subd. 3m., any party that possessed or controlled the hazardous substance or caused
21the discharge of the hazardous substance, and any consultant or contractor of any
22of those persons to enter the property to determine whether natural attenuation has
23failed and to take action to respond to the discharge if natural attenuation has failed.
AB999, s. 39 24Section 39. 292.15 (2) (at) of the statutes is repealed.
AB999, s. 40 25Section 40. 292.15 (2) (b) 5. of the statutes is created to read:
AB999,21,8
1292.15 (2) (b) 5. If the voluntary party does not own or control the property, the
2person who owns or controls the property fails to allow the department, any
3authorized representative of the department, any representative of a company that
4has issued insurance required under par. (ae) 3m., any party that possessed or
5controlled the hazardous substance or caused the discharge of the hazardous
6substance, or any consultant or contractor of any of those persons to enter the
7property to determine whether natural attenuation has failed and to take action to
8respond to the discharge if natural attenuation has failed.
AB999, s. 41 9Section 41. 292.15 (2) (c) of the statutes is amended to read:
AB999,21,1310 292.15 (2) (c) Prohibition on action. The department of justice may not
11commence an action under 42 USC 9607 against any voluntary party meeting the
12criteria of this subsection to recover costs for which the voluntary party is exempt
13under pars. (a), (ae), (ag), (am), (at) and (b).
AB999, s. 42 14Section 42. 292.15 (2) (d) of the statutes is repealed.
AB999, s. 43 15Section 43. 292.15 (2) (e) of the statutes is amended to read:
AB999,21,1916 292.15 (2) (e) Contract with insurer. If the department requires insurance
17under par. (ae) 3m. or (at) 3., the department may contract with an insurer to provide
18insurance required under par. (ae) 3m. or (at) 3. and may require voluntary parties
19to obtain coverage under the contract.
AB999, s. 44 20Section 44. 292.15 (3) of the statutes is amended to read:
AB999,22,321 292.15 (3) Successors and assigns. An exemption provided in sub. (2) applies
22to any successor or assignee of the voluntary party if the successor or assignee
23complies with the provisions of sub. (2) (a) 4. and 5. or (ae) 3m., 4. and, 5., and 7. and,
24if applicable, sub. (2) (ag) 4. or (am) as though the successor or assignee were the
25voluntary party except that the exemption in sub. (2) does not apply if the successor

1or assignee knows that a certificate under sub. (2) (a) 3., (ae) 3., (ag) 2. or (am) was
2obtained by any of the means or under any of the circumstances specified in sub. (2)
3(a) 6.
AB999, s. 45 4Section 45. 292.15 (6) (a) of the statutes is renumbered 292.15 (6).
AB999, s. 46 5Section 46. 292.15 (6) (b) of the statutes is repealed.
AB999, s. 47 6Section 47. 292.15 (7) (d) of the statutes is created to read:
AB999,22,87 292.15 (7) (d) A solid waste facility that was licensed under s. 289.30 or s.
8144.44, 1993 stats.
AB999, s. 48 9Section 48. 292.15 (7) (e) of the statutes is created to read:
AB999,22,1310 292.15 (7) (e) A solid waste facility or waste site at which active remedial
11operation or treatment is required, including a site or facility where methane or
12groundwater monitoring or gas, leachate, or groundwater collection or treatment is
13required.
AB999, s. 49 14Section 49. 292.21 (1) (c) 2. g. of the statutes is amended to read:
AB999,22,2415 292.21 (1) (c) 2. g. A review to determine if the real property is listed in any of
16the written compilations of sites or facilities considered to pose a threat to human
17health or the environment, including the national priorities list under 42 USC 9605
18(a) (8) (B); the federal environmental protection agency's information system for the
19comprehensive environmental response, compensation and liability act, 42 USC
209601
to 9675, (CERCLIS); and the department's most recent Wisconsin remedial
21response site evaluation report, including the inventory
database of sites or facilities
22which may cause or threaten to cause environmental pollution and other properties
23that are environmentally contaminated
required by s. 292.31 (1) (a); and the
24department's registry of abandoned landfills
.
AB999, s. 50 25Section 50. 292.23 of the statutes is created to read:
AB999,23,2
1292.23 Responsibility of local governmental units; solid waste. (1)
2Definition. In this section:
AB999,23,53 (a) "Local governmental unit" means a municipality, a redevelopment
4authority created under s. 66.1333, a public body designated by a municipality under
5s. 66.1337 (4), a community development authority, or a housing authority.
AB999,23,66 (b) "Solid waste facility" has the meaning given in s. 289.01 (35).
AB999,23,77 (c) "Waste site" has the meaning given in s. 289.01 (41).
AB999,23,12 8(2) Exemption from liability. Except as provided in sub. (3), a local
9governmental unit is exempt from s. 289.05, and rules promulgated under that
10section, with respect to property acquired by the local governmental unit before, on,
11or after the effective date of this subsection .... [revisor inserts date], if any of the
12following applies:
AB999,23,1413 (a) The local governmental unit acquired the property through tax delinquency
14proceedings or as the result of an order by a bankruptcy court.
AB999,23,1615 (b) The local governmental unit acquired the property from a local
16governmental unit that is exempt under this subsection with respect to the property.
AB999,23,1817 (c) The local governmental unit acquired the property through a condemnation
18or other proceeding under ch. 32.
AB999,23,2019 (d) The local governmental unit acquired the property for the purpose of slum
20clearance or blight elimination.
AB999,23,2121 (e) The local governmental unit acquired the property through escheat.
AB999,23,2322 (f) The local governmental unit acquired the property using funds appropriated
23under s. 20.866 (2) (ta) or (tz).
AB999,24,3
1(3) Exceptions. (a) Subsection (2) does not apply with respect to
2environmental pollution or a discharge of a hazardous substance caused by any of
3the following:
AB999,24,44 1. An action taken by the local governmental unit.
AB999,24,75 2. A failure of the local governmental unit to take appropriate action to restrict
6access to the property in order to minimize costs or damages that may result from
7unauthorized persons entering the property.
AB999,24,98 3. A failure of the local governmental unit to sample and analyze unidentified
9substances in containers stored aboveground on the property.
AB999,24,1210 4. A failure of the local governmental unit to remove and properly dispose of,
11or to place in a different container and properly store, any hazardous substance
12stored aboveground on the property in a container that is leaking or is likely to leak.
AB999,24,1813 (b) Subsection (2) does not apply if, after considering the intended development
14and use of the property, the department determines that action is necessary to reduce
15to acceptable levels any substantial threat to public health or safety when the
16property is developed or put to that intended use, the department directs the local
17governmental unit to take that necessary action, and the local governmental unit
18does not take that action as directed.
AB999,24,2419 (c) Subsection (2) only applies if the local governmental unit agrees to allow the
20department, any authorized representatives of the department, any party that
21possessed or controlled a hazardous substance that was discharged or that caused
22environmental pollution or the discharge of a hazardous substance, and any
23consultant or contractor of such a party to enter the property to take action to respond
24to the environmental pollution or discharge.
AB999,25,3
1(d) Subsection (2) does not apply to property described in sub. (2) (f) unless the
2local governmental unit enters into an agreement with the department to ensure
3that the conditions in pars. (a) and (b) are satisfied.
AB999,25,64 (e) Subsection (2) does not apply to any solid waste facility or waste site that
5was operated by the local governmental unit or was owned by the local governmental
6unit while it was operated.
AB999,25,87 (f) Subsection (2) does not apply to a solid waste facility that was licensed under
8s. 289.30 or s. 144.44, 1993 stats.
AB999,25,119 (g) Subsection (2) does not apply to property at which the local governmental
10unit disposed of waste that caused environmental pollution or a discharge of a
11hazardous substance at the property.
AB999,25,1312 (h) Subsection (2) does not apply to waste generated on the property by the local
13governmental unit, its agents, or its contractors.
AB999,25,1814 (i) Subsection (2) does not apply if the local governmental unit undertakes or
15authorizes construction on the property without the approval of the department or
16if the local government unit undertakes an activity that interferes with a closed solid
17waste facility or waste site and that causes a threat to public health, safety, or
18welfare.
AB999,25,2319 (j) Subsection (2) only applies to property with respect to which, before the local
20governmental unit acquired the property, the department imposed requirements
21related to health or safety for the maintenance of an active leachate or methane
22collection system, of a cap over waste on the property, or of a groundwater or gas
23monitoring system if the local governmental unit complies with those requirements.
AB999,26,224 (k) Subsection (2) does not exempt a local governmental unit from land use
25restrictions required by the department, including those that are necessary to

1prevent damage to a cap over waste on the property or to otherwise prevent uses of
2the property that may cause a threat to public health or safety.
AB999, s. 51 3Section 51. 292.31 (1) (title) of the statutes is amended to read:
AB999,26,44 292.31 (1) (title) Inventory Database; analysis; hazard ranking.
AB999, s. 52 5Section 52. 292.31 (1) (a) (title) of the statutes is repealed and recreated to
6read:
AB999,26,77 292.31 (1) (a) (title) Database.
AB999, s. 53 8Section 53. 292.31 (1) (a) 1. of the statutes is repealed and recreated to read:
AB999,26,129 292.31 (1) (a) 1. The department shall compile, maintain, and make available
10to the public a database of all sites or facilities and other properties at which the
11discharge of a hazardous substance or other environmental pollution has been
12reported to the department. The department shall update the database regularly.
AB999, s. 54 13Section 54. 292.31 (1) (a) 2. of the statutes is repealed.
AB999, s. 55 14Section 55. 292.31 (1) (a) 3. of the statutes is amended to read:
AB999,26,1715 292.31 (1) (a) 3. The decision of the department to include a site or facility or
16other property
on the inventory database under subd. 1. or exclude a site or facility
17or other property from the inventory database is not subject to judicial review.
AB999, s. 56 18Section 56. 292.31 (1) (a) 4. of the statutes is amended to read:
AB999,26,2019 292.31 (1) (a) 4. Notwithstanding s. 227.01 (13) or 227.10 (1), the list of sites
20or facilities which results from the inventory
database under subd. 1. is not a rule.
AB999, s. 57 21Section 57. 292.31 (1) (b) 1. of the statutes is amended to read:
AB999,26,2522 292.31 (1) (b) 1. The department may take direct action under subd. 2. or 3. or
23may enter into a contract with any person to take the action. The department may
24take action under subd. 2. or 3. regardless of whether a site or facility is included on
25the inventory under par. (a) or the hazard ranking list under par. (c).
AB999, s. 58
1Section 58. 292.31 (1) (c) of the statutes is repealed.
AB999, s. 59 2Section 59. 292.31 (2) (intro.) of the statutes is amended to read:
AB999,27,83 292.31 (2) Environmental response plan rules. (intro.) The department shall
4promulgate by rule a waste facility environmental response plan. The plan shall
5contain
rules relating to investigation and remedial action for sites or facilities and
6other properties at which the air, land, or waters of the state have been affected by
7the discharge of a hazardous substance or other environmental pollution, including
8all of
the following provisions:
AB999, s. 60 9Section 60. 292.31 (2) (a) of the statutes is amended to read:
AB999,27,1210 292.31 (2) (a) Methods for preparing the inventory and conducting the analysis
11under sub. (1)
investigating the degree and extent of contamination for actions under
12sub. (3)
.
AB999, s. 61 13Section 61. 292.31 (3) (c) of the statutes is amended to read:
AB999,28,214 292.31 (3) (c) Sequence of remedial action. In determining the sequence for
15taking remedial action under this subsection, the department shall consider the
16hazard ranking significance to public health, the community, and the environment
17of each site or facility, the amount of funds available, the information available about
18each site or facility, the willingness and ability of an owner, operator , or other
19responsible person to undertake or assist in remedial action, the availability of
20federal funds under 42 USC 9601, et seq., and other relevant factors. The
21department shall give the highest priority to remedial action at sites or facilities
22which have caused contamination of a municipal water system in a town with a
23population greater than 10,000. If any such site or facility is eligible for federal funds
24under 42 USC s. 9601 to 9675, but the federal funds will not be available before

1January 1, 2000, the department shall proceed with remedial action using state
2funds
.
AB999, s. 62 3Section 62. 292.31 (3) (cm) of the statutes is repealed.
AB999, s. 63 4Section 63. 292.31 (3) (d) of the statutes is amended to read:
AB999,28,125 292.31 (3) (d) Emergency responses. Notwithstanding rules promulgated
6under this section, the hazard ranking list, or the considerations for taking action
7under par. (c) or the remedial action schedule under par. (cm), the department may
8take emergency action under this subsection and subs. (1) and (7) at a site or facility
9if delay will result in imminent risk to public health or safety or the environment.
10The department is not required to hold a hearing under par. (f) if emergency action
11is taken under this paragraph. The decision of the department to take emergency
12action is a final decision of the agency subject to judicial review under ch. 227.
AB999, s. 64 13Section 64. 292.31 (4) of the statutes is amended to read:
AB999,28,2114 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by
15municipalities.
Notwithstanding the inventory, analysis and hazard ranking under
16sub. (1),
the environmental response plan prepared rules under sub. (2) or the
17environmental repair authority, remedial action sequence and emergency response
18requirements under sub. (3), the department shall pay that portion of the cost of any
19monitoring requirement which is to be paid under s. 289.31 (7) (f) from the
20appropriation under s. 20.370 (2) (dv) prior to making other payments from that
21appropriation.
AB999, s. 65 22Section 65. 292.31 (5) of the statutes is repealed.
AB999, s. 66 23Section 66. 292.57 (title) of the statutes is amended to read:
AB999,28,25 24292.57 (title) Database of properties on which groundwater standards
25are exceeded
with residual contamination.
AB999, s. 67
1Section 67. 292.57 (2) (a) of the statutes is amended to read:
AB999,29,62 292.57 (2) (a) The department may promulgate a rule specifying a fee for
3placing information into a database concerning a property on which a groundwater
4standard is exceeded into a database, a property on which residual contamination
5is present in soil, or a property that is subject to s. 292.12 (3) (b). The department
6may also specify a fee for modifying information in the database
.
AB999, s. 68 7Section 68. Initial applicability.
AB999,29,158 (1) The treatment of sections 66.1106 (1) (c), (e), (f), (fm), (g), (i), (je), and (k),
9(1m), (2) (a), (4) (intro.) and (b), (7) (a) and (d) 1., (9), (10) (title), (a), (b), (c), (d), and
10(e), (11), (12), and (13) (title), 74.23 (1) (b), 74.25 (1) (b) 1. and 2., 74.30 (1) (i) and (j)
11and (2) (b), 79.095 (1) (c) and (2) (b), and 234.01 (4n) (a) 3m. a. of the statutes, the
12renumbering and amendment of section 66.1106 (13) of the statutes, and the creation
13of section 66.1106 (13) (b) of the statutes first apply to an environmental remediation
14tax incremental district that is in existence on October 1, 2006, or that is created on
15October 1, 2006.
AB999, s. 69 16Section 69. Effective dates. This act takes effect on the day after publication,
17except as follows:
AB999,29,2318 (1) The treatment sections 66.1106 (1) (c), (e), (f), (fm), (g), (i), (je), and (k), (1m),
19(2) (a), (4) (intro.) and (b), (7) (a) and (d) 1., (9), (10) (title), (a), (b), (c), (d), and (e), (11),
20(12), and (13) (title), 74.23 (1) (b), 74.25 (1) (b) 1. and 2., 74.30 (1) (i) and (j) and (2)
21(b), 79.095 (1) (c) and (2) (b), and 234.01 (4n) (a) 3m. a. of the statutes, the
22renumbering and amendment of section 66.1106 (13) of the statutes, and the creation
23of section 66.1106 (13) (b) of the statutes takes effect on October 1, 2006.
AB999,29,2424 (End)
Loading...
Loading...