1995 Wisconsin Act 227

227,706 Section 706 . 144.76 (8) of the statutes is renumbered 292.11 (8).

227,707 Section 707 . 144.76 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 292.11 (9), and 292.11 (9) (a) and (c), as renumbered, are amended to read:

292.11 (9) (a) Any person holding a valid permit under ch. 147 283 is exempted from the reporting and penalty requirements of this section with respect to substances discharged within the limits authorized by the permit.

(c) Any person discharging in conformity with a permit or program approved under this chapter chs. 281, 285 or 289 to 299 is exempted from the reporting and penalty requirements of this section.

227,708 Section 708 . 144.76 (9m) of the statutes is renumbered 292.21 (1), and 292.21 (1) (a) 3., (b) 2., (c) 1. (intro.) and c., 2. g. and 3. and (d) (intro.), as renumbered, are amended to read:

292.21 (1) (a) 3. The department may, by rule, designate as lending activities other activities, in addition to those listed in sub. (1) (bm) s. 292.01 (9), that are related to undertaking appropriate actions to preserve and protect property or are related to the advancing of funds or credit or the collecting of funds.

(b) 2. The lender notifies the department, in accordance with sub. s. 292.11 (2), of any discharge of a hazardous substance identified as the result of activities described in this paragraph.

(c) 1. (intro.) A lender that acquires title to, or possession or control of, real property through enforcement of a security interest is not subject to subs. s. 292.11 (3), (4) and (7) (b) and (c) and is not liable under this chapter or chs. 281, 285, 289, 291 or 293 to 299 for a discharge of a hazardous substance on that real property if all of the following conditions are satisfied:

c. The lender notifies the department, in accordance with sub. s. 292.11 (2), of any known discharge of a hazardous substance.

2. g. A review to determine if the real property is listed in any of the written compilations of sites or facilities considered to pose a threat to human health or the environment, including the national priorities list under 42 USC 9605 (a) (8) (B); the federal environmental protection agency's information system for the comprehensive environmental response, compensation and liability act, 42 USC 9601 to 9675, (CERCLIS); the department's most recent Wisconsin remedial response site evaluation report, including the inventory of sites or facilities which may cause or threaten to cause environmental pollution required by s. 144.442 (4) 292.31 (1) (a); and the department's registry of abandoned landfills.

3. An environmental assessment filed under subd. 1. d. does not constitute notice required under sub. s. 292.11 (2).

(d) Personal property and fixtures. (intro.) A lender that enforces a security interest in personal property or fixtures at a particular location, filed under ch. 409, and that does not acquire title to, or possession or control of, the real property at that location, except for purposes of protecting and removing personal property or fixtures, is not subject to subs. s. 292.11 (3), (4) and (7) (b) and (c) and is not liable under this chapter for a discharge of a hazardous substance on that real property if all of the following conditions are satisfied:

227,709 Section 709 . 144.76 (9s) of the statutes is renumbered 292.21 (2), and 292.21 (2) (a) 5., (b) 2. and (c), as renumbered, are amended to read:

292.21 (2) (a) 5. The representative does not knowingly, wilfully or recklessly fail to notify the department in accordance with sub. s. 292.11 (2) of the discharge of a hazardous substance.

(b) 2. A representative that fails to act in good faith to cause the trust, estate or similar entity for which the representative is acting as a representative to take the actions described in sub. s. 292.11 (3) or to reimburse the department under sub. s. 292.11 (7) (b). It is not a lack of good faith for a representative to resign as representative, to seek a court order directing the representative to act or refrain from acting or to challenge the department by any legal means.

(c) This subsection does not limit the responsibility of any trust, estate or similar entity to take the actions required under sub. s. 292.11 (2), (3), (4) or (7) (c) or any other provision of this chapter or to reimburse the department under sub. s. 292.11 (7) (b).

Note: Current s. 144.76 (9m) and (9s) contains references to “this chapter". This cross-reference is unnecessarily broad. It is apparent from the contexts that the references are to the statutes concerning hazardous substance spills. Therefore, the references have not been changed.

227,710 Section 710 . 144.76 (10), (11) and (12) of the statutes are renumbered 292.11 (10), (11) and (12), and 292.11 (11) and (12) (a), as renumbered, are amended to read:

292.11 (11) Enforcement exclusions. (a) Any person proceeded against for a violation of this section shall not be subject to penalties under s. 144.74 291.97 for the same act or omission.

(b) Any person who discharges a hazardous substance, where the responsibilities for such a discharge are prescribed by statute other than ss. 144.60 to 144.74 ch. 291, shall be subject to the penalty under either this section or the other section but not both.

(12) (a) Action by the department under this section is not subject to s. 144.442 (4) to (9) 292.31.

227,711 Section 711. 144.76 (13) of the statutes is renumbered 292.81, and 292.81 (1), (2) (a) (intro.), 1. and 2., (b), (c) and (d), (3) and (4) (a), (b) (intro.) and (c) to (e), as renumbered, are amended to read:

292.81 (1) In this subsection section, “valid prior lien" means a purchase money real estate mortgage that is recorded before the lien is filed under this paragraph section, including any extension or refinancing of that purchase money mortgage, or an equivalent security interest, or a 2nd or subsequent mortgage for home improvement or repair that is recorded before the lien is filed under this paragraph section, including any extension or refinancing of that 2nd or subsequent mortgage.

(2) (a) (intro.) Before incurring expenses under this section or s. 144.442 (4), (6) or (8) s. 292.11, 292.31 (1), (3) or (7) or 144.77 292.41 (4) with respect to a property, the department shall provide to the current owner of the property and to any mortgagees of record a notice containing all of the following:

1. A brief description of the property for which the department expects to incur expenses under this section or s. 144.442 (4), (6) or (8) s. 292.11, 292.31 (1), (3) or (7) or 144.77 292.41 (4).

2. A brief description of the types of activities that the department expects may be conducted at the property under this section or s. 144.442 (4), (6) or (8) s. 292.11, 292.31 (1), (3) or (7) or 144.77 292.41 (4).

(b) The department shall provide notice under subd. 1. par. (a) by certified mail, return receipt requested, to the property owner and to each mortgagee of record at the addresses listed on the recorded documents. If the property owner is unknown or if a mailed notice is returned undelivered, the department shall provide the notice by publication thereof as a class 3 notice under ch. 985.

(c) The failure to provide the notice or include information required under this paragraph subsection does not impair the department's ability to file a lien or to seek to establish the property owner's liability for the expenses incurred by the department.

(d) No notice under this paragraph subsection is necessary in circumstances in which entry onto the property without prior notice is authorized under sub. s. 292.11 (8) or under s. 144.77 292.41 (5).

(3) Any expenditures made by the department under this section, under s. 144.442 (4), (6) or (8) s. 292.11 or 292.31 (1), (3) or (7) or, subject to s. 144.77 292.41 (6) (d), under s. 144.77 292.41 (4) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this subsection section shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.

(4) (a) Before filing a lien under par. (c) sub. (3), the department shall give the owner of the property for which the expenses are incurred a notice of its intent to file the lien, as provided in this paragraph subsection.

(b) (intro.) The notice required under subd. 1. par. (a) shall provide all of the following:

(c) The department shall serve the notice required in subd. 1. par. (a) on the property owner at least 60 days before filing the lien. The notice shall be provided by certified mail, return receipt requested, to the property owner and to each mortgagee of record at the addresses listed on the recorded documents. If the property owner is unknown or if a mailed notice is returned undelivered, the department shall provide the notice by publication thereof as a class 3 notice under ch. 985.

(d) In the foreclosure of any lien filed under this paragraph subsection, ch. 846 shall control as far as applicable unless otherwise provided in this paragraph subsection. All persons who may be liable for the expenses incurred by the department may be joined as defendants. The judgment shall adjudge the amount due the department, and shall direct that the property, or so much of the property as is necessary, be sold to satisfy the judgment, and that the proceeds be brought into court with the report of sale to abide the order of the court. If the sum realized at the sale is insufficient after paying the costs of the action and the costs of making the sale, the court shall determine the liability of the defendants for the remaining unreimbursed expenses and costs.

(e) This paragraph subsection does not apply if the lien is filed after the department obtains a judgment against the property owner and the lien is for the amount of the judgment.

227,712 Section 712 . 144.765 (title) and (1) (intro.) of the statutes are renumbered 292.15 (title) and (1) (intro.).

227,713 Section 713 . 144.765 (1) (a) of the statutes is repealed.

227,714 Section 714 . 144.765 (1) (b), (c), (d) and (e) of the statutes are renumbered 292.15 (1) (b), (c), (d) and (e).

227,715 Section 715 . 144.765 (2), (3), (4) and (5) of the statutes are renumbered 292.15 (2), (3), (4) and (5), and 292.15 (2) (a) (intro.) and (4) (intro.), as renumbered, are amended to read:

292.15 (2) (a) (intro.) A purchaser is exempt from the provisions of s. 144.76 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance on the property the release of which occurred prior to the date of acquisition of the property, if all of the following occur at any time before or after the date of acquisition:

(4) Limited responsibility. (intro.) The responsibility of a purchaser under sub. (2) (a) 2 may be monetarily limited by agreement between the purchaser and the department if the purchaser purchased the property from a municipality that acquired the property in a way described in s. 144.76 292.11 (9) (e) 1. 1m. a. or b. The agreement shall stipulate all of the following:

227,716 Section 716 . 144.77 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 292.41, and 292.41 (2) and (6) (d), as renumbered, are amended to read:

292.41 (2) Applicability. (a) This section does not apply to abandoned containers which are located in an approved facility or a nonapproved facility, as defined under s. 144.442 (1).

(b) Action by the department under this section is not subject to s. 144.442 (4) to (9) 292.31.

(6) (d) Any expenditures made by the department under sub. (4) shall constitute a lien upon the property for which the expenses are incurred, as provided in s. 144.76 (13) 292.81, if the department is entitled to recover the expenditures from the property owner under par. (c).

227,717 Section 717 . 144.788 of the statutes is renumbered 299.43, and 299.43 (2) (c), as renumbered, is amended to read:

299.43 (2) (c) No person who is licensed under s. 144.44 (4) 289.31, 291.23 or 144.64 291.25 may use the facility.

227,718 Section 718 . 144.79 of the statutes is renumbered 299.45, and 299.45 (7) and (9), as renumbered, are amended to read:

299.45 (7) The department shall adopt rules prescribing the methods and providing or designating sites and facilities for the disposal of PCBs and products containing PCBs. Such rules may require reporting by persons disposing of PCBs and products containing PCBs. Persons disposing of PCBs or products containing PCBs shall comply with such rules unless such products are exempted under sub. (3) (b) or (c). In this section, disposal does not include the disposal of PCBs in sludge produced by wastewater treatment systems under s. 144.435 289.05 (1) and chs. NR 500 to 520, Wis. adm. code, the discharge of effluents containing PCBs or the manufacture or sale of recycled paper products to which PCBs have not been intentionally added during or after manufacture for any of the uses set forth in sub. (1) (c). Nothing in this section shall exempt any person from applicable disposal or discharge limitations required or authorized under other statutes.

(9) The department shall enforce this section as provided in ss. 147.21 and 147.29 283.89 and 283.91.

227,719 Section 719 . Subchapter V (title) of chapter 144 [precedes 144.80] of the statutes is repealed.

227,720 Section 720 . 144.80 of the statutes is repealed.

Note: This section repeals the “short title" of the metallic mining statutes. The repealed provision is as follows:

“144.80 Metallic mining reclamation act. (1) Sections 144.80 to 144.94 shall be known and may be cited as the “Metallic Mining Reclamation Act".

The use of short titles is an obsolete drafting style. A short title is entirely nonsubstantive and, therefore, adds nothing to the metallic mining statutes. Users of these statutes may continue to refer to them as the “metallic mining reclamation act" or by any other name that seems appropriate.

227,721 Section 721 . 144.81 (intro.) of the statutes is renumbered 293.01 (intro.) and amended to read:

293.01 Definitions. (intro.) In ss. 144.80 to 144.94 this chapter, unless the context requires otherwise:

227,722 Section 722 . 144.81 (1m) of the statutes is renumbered 293.01 (2).

227,723 Section 723 . 144.81 (2) of the statutes is renumbered 293.01 (5).

227,724 Section 724 . 144.81 (2m) of the statutes is renumbered 293.01 (6) and amended to read:

293.01 (6) “Exploration license" means the license required under s. 144.832 293.21 (2) as a condition of engaging in exploration.

227,725 Section 725 . 144.81 (3) of the statutes is renumbered 293.01 (7).

227,726 Section 726 . 144.81 (4) of the statutes is renumbered 293.01 (8).

227,727 Section 727 . 144.81 (5) of the statutes is renumbered 293.01 (9).

227,728 Section 728 . 144.81 (6) of the statutes is renumbered 293.01 (10) and amended to read:

293.01 (10) “Mining plan" means the proposal for the mining of the mining site which shall be approved by the department under s. 144.85 prior to the issuance of the mining permit.

Note: The requirement for the DNR to approve the mining plan before issuing the mining permit is moved to the requirements for approval of the mining permit in s. 144.85 (5) (a) 1. a., renumbered as s. 293.49 (1) (a) 1.

227,729 Section 729 . 144.81 (7) of the statutes is renumbered 293.01 (11).

227,730 Section 730 . 144.81 (8) of the statutes is renumbered 293.01 (12).

227,731 Section 731 . 144.81 (9) of the statutes is renumbered 293.01 (13).

227,732 Section 732 . 144.81 (10) of the statutes is renumbered 293.01 (17).

227,733 Section 733 . 144.81 (12) of the statutes is renumbered 293.01 (18) and amended to read:

293.01 (18) “Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps and tunnels and other means, other than for exploration, which the department, by rule, identifies, and the production of prospecting refuse and other associated activities. “Prospecting" shall not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. However, the fact that prospecting activities and construction may have use ultimately in mining, if approved, shall not mean that prospecting activities and construction constitute mining within the meaning of sub. (5) (9), provided such activities and construction are reasonably related to prospecting requirements.

227,734 Section 734 . 144.81 (13) of the statutes is renumbered 293.01 (19).

227,735 Section 735 . 144.81 (13m) of the statutes is renumbered 293.01 (20) and amended to read:

293.01 (20) “Prospecting plan" means the proposal for prospecting of the prospecting site, which shall be approved by the department under s. 144.84 prior to the issuance of the prospecting permit.

Note: The requirement for the DNR to approve the prospecting plan before issuing the prospecting permit is moved to the requirements for issuance of the prospecting permit in s. 144.84 (2), renumbered as s. 293.45 (1).

227,736 Section 736 . 144.81 (13n) of the statutes is renumbered 293.01 (21).

227,737 Section 737 . 144.81 (14) of the statutes is renumbered 293.01 (22).

227,738 Section 738 . 144.81 (15) of the statutes is renumbered 293.01 (23) and amended to read:

293.01 (23) “Reclamation" means the process by which an area physically or environmentally affected by prospecting or mining is rehabilitated to either its original state or, if this is shown to be physically or economically impracticable or environmentally or socially undesirable, to a state that provides long-term environmental stability. Reclamation shall provide the greatest feasible protection to the environment and shall include, but is not limited to, the criteria for reclamation set forth in s. 144.83 293.13 (2) (c).

227,739 Section 739 . 144.81 (16) of the statutes is renumbered 293.01 (24) and amended to read:

293.01 (24) “Reclamation plan" means the proposal for the reclamation of the prospecting or mining site which must be approved by the department under s. 144.84 293.45 or 144.85 293.49 prior to the issuance of the prospecting or mining permit.

227,740 Section 740 . 144.81 (17) of the statutes is renumbered 293.01 (25).

227,741 Section 741 . 144.81 (17m) of the statutes is renumbered 293.01 (26).

227,742 Section 742 . 144.81 (18) of the statutes is renumbered 293.01 (28).

227,743 Section 743 . 144.815 of the statutes is renumbered 293.61, and 293.61 (2) (b), as renumbered, is amended to read:

293.61 (2) (b) If the cessation of mining does not continue beyond the time period specified by the department. The time limit specified by the department may not exceed 5 years for a mining operation for which a permit is issued under s. 144.85 293.49 on or after May 19, 1984. The time limit specified by the department may not exceed 10 years for a mining operation for which a permit is issued under s. 144.85 293.49 before May 19, 1984;

227,744 Section 744 . 144.82 of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 293.11.