292.37(1)
(1)
Records. Except as provided under
sub. (2), any records or other information furnished to or obtained by the department in the administration of
ss. 292.31 and
292.35 are public records subject to
s. 19.21.
292.37(2)(a)(a)
Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of
ss. 292.31 and
292.35.
292.37(2)(b)
(b)
Standards for granting confidential status. Except as provided under
par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.
292.37(2)(c)
(c)
Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.
292.37(2)(d)
(d)
Use of confidential records. Except as provided under
par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of
ss. 292.31 and
292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.
292.37 History
History: 1995 a. 227 s.
993.
292.41
292.41
Abandoned containers. 292.41(1)
(1)
Definition. In this section, "abandoned container" means any container which contains a hazardous substance and is not being monitored and maintained.
292.41(2)(a)(a) This section does not apply to abandoned containers which are located in an approved facility or a nonapproved facility.
292.41(3)(a)(a) After consultation with other affected federal, state and local agencies and private organizations, the department shall establish by rule criteria and procedures for the development, establishment and amendment of a contingency plan for the taking of emergency actions in relation to abandoned containers.
292.41(3)(b)
(b) The contingency plan shall establish procedures and techniques for locating, identifying, removing and disposing of abandoned containers.
292.41(4)
(4) Removal or other emergency action. The department or its authorized representative may contain, remove or dispose of abandoned containers or take any other emergency action which it deems appropriate under the circumstances.
292.41(5)
(5) Access to property and records. Any officer, employee or authorized representative of the department, upon notice to the owner or occupant, may enter onto any property, premises or place at any time for the purposes of
sub. (3) if the entry is necessary to prevent increased damage to the air, land or waters of the state, or may inspect any record relating to abandoned container management for the purpose of ascertaining the state of compliance with this section and the rules promulgated under this section. Notice to the owner or occupant is not required if the delay in providing the notice is likely to result in imminent risk to public health or welfare or the environment.
292.41(6)
(6) Abandoned containers; appropriations. 292.41(6)(a)(a) The department may utilize moneys appropriated under
s. 20.370 (2) (dv) and
(my) in taking action under
sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.
292.41(6)(b)
(b) No more than 25% of the total of all moneys available under the appropriation under
s. 20.370 (2) (dv) and
(my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.
292.41(6)(c)
(c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental management.
292.51
292.51
Cooperative remedial action. 292.51(1)
(1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.
292.51(2)
(2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination. All contributions received under this subsection shall be deposited in the environmental fund.
292.51(2m)
(2m) Any person engaged in a cooperative effort with the department that is described in
sub. (2) may seek and receive voluntary contributions of funds on behalf of the effort.
292.51(3)
(3) Provision of funding under
sub. (2) or
(2m) is not evidence of liability or an admission of liability for any environmental contamination.
292.51(4)
(4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under
sub. (2).
292.51 History
History: 1995 a. 27;
1995 a. 227 s.
824; Stats. 1995 s. 292.51;
1997 a. 27.
292.55
292.55
Requests for liability clarification and technical assistance. 292.55(1)(a)(a) The department may, upon request, assist a person to determine whether the person is or may become liable for the environmental pollution of a property.
292.55(1)(b)
(b) The department may, upon request, assist in, or provide comments on, the planning and implementation of an environmental investigation of a property or the environmental cleanup of a property.
292.55(1)(c)
(c) The department may determine whether further action is necessary to remedy environmental pollution of a property.
292.55(1)(d)
(d) The department may issue a letter to a person seeking assistance under this subsection concerning any of the following:
292.55(1)(d)1.
1. The liability of a person owning or leasing a property for environmental pollution of the property.
292.55(1)(d)2.
2. The type and extent of environmental pollution of a property.
292.55(1)(d)4.
4. Any other matter related to the request for assistance under this subsection.
292.55(2)
(2) The department may assess and collect fees from a person to offset the costs of providing assistance under
sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under
s. 20.370 (2) (dh).
292.55 History
History: 1997 a. 27.
292.57
292.57
Database of properties on which groundwater standards are exceeded. 292.57(1)
(1) In this section, "groundwater standard" means an enforcement standard, as defined in
s. 160.01 (2), or a preventive action limit, as defined in
s. 160.01 (6).
292.57(2)(a)(a) The department may promulgate a rule specifying a fee for placing information concerning a property on which a groundwater standard is exceeded into a database.
292.57 History
History: 1999 a. 9.
292.65
292.65
Dry cleaner environmental response program. 292.65(1)(b)
(b) "Case closure letter" means a letter provided by the department that states that, based on information available to the department, no further remedial action is necessary with respect to a dry cleaning solvent discharge.
292.65(1)(d)
(d) "Dry cleaning facility" means a facility for dry cleaning apparel or household fabrics for the general public other than a facility that is one of the following:
292.65(1)(d)2.
2. A facility that is located on a U.S. military installation.
292.65(1)(d)6.
6. A facility that is located at a prison or other penal institution.
292.65(1)(d)7.
7. A facility that is located at a nonprofit hospital or at another nonprofit health care institution.
292.65(1)(d)8.
8. A facility that is located on property that is owned by the federal government or by this state or that is located on property that was owned by the federal government or by this state when the facility was operating.
292.65(1)(e)
(e) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities.
292.65(1)(ek)
(ek) "Formal wear" includes tuxedos, suits and dresses, but does not include costumes, table linens and household fabrics.
292.65(1)(em)
(em) "Formal wear rental firm" means a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public.
292.65(1)(gm)
(gm) "Immediate action" means a remedial action that is taken within a short time after a discharge of dry cleaning solvent occurs, or after the discovery of a discharge of dry cleaning solvent, to halt the discharge, contain or remove discharged dry cleaning solvent or remove contaminated soil or water in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands and waters of the state and to eliminate any imminent threat to public health, safety or welfare.
292.65(1)(h)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
292.65(1)(h)3.
3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.
292.65(1)(i)1.
1. A person who owns, or has possession or control of, and who receives or received direct or indirect consideration from the operation of, any of the following:
292.65(1)(i)1.b.
b. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under
s. 77.9961 (2) before it ceased operation.
292.65(1)(i)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
292.65(1)(i)3.
3. A person who owns the property on which one of the following is located:
292.65(1)(i)3.b.
b. A dry cleaning facility that has ceased operation but that was licensed under
s. 77.9961 (2) before it ceased operation.
292.65(1)(j)
(j) "Program year" means the period beginning on July 1, and ending on the following June 30.
292.65(1)(L)
(L) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
292.65(1)(m)
(m) "Subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a dry cleaning facility.
292.65(3)(a)(a) The department shall promulgate rules for the administration of the program under this section.
292.65(3)(am)1.1. The department shall establish a method for determining the order in which it pays awards under this section. Except as provided in
subds. 2. and
3., the method shall be based on environmental factors and on the order in which applications are received.
292.65(3)(am)2.
2. The department shall pay an award for immediate action activities.
292.65(3)(am)3.
3. After paying awards for immediate action activities, the department shall do the following with the remaining funds available for awards under this section:
292.65(3)(am)3.a.
a. In the program year that begins on July 1, 1999, provide 75% to pay awards for eligible costs incurred before October 14, 1997, and provide 25% to pay awards for eligible costs incurred on or after October 14, 1997.
292.65(3)(am)3.b.
b. In the program year that begins on July 1, 2000, provide 50% to pay awards for eligible costs incurred before October 14, 1997, and provide 50% to pay awards for eligible costs incurred on or after October 14, 1997.
292.65(3)(am)3.c.
c. In the program year that begins on July 1, 2001, and every program year thereafter, provide at least 70% as awards to pay eligible costs incurred on or after October 14, 1997.
