AB150-engrossed,1276,2418
101.143
(3) (ae) 1. An owner or operator or a person owning a home oil tank
19system is not eligible for an award under this section for costs incurred because of
20a petroleum product discharge from a petroleum product storage system or a home
21oil tank system that meets the performance standards in
40 CFR 280.20 or
s. ILHR
2210.51, Wis. adm. code in rules promulgated by the department relating to
23underground storage tank systems installed after December 22, 1988, except as
24provided in subd. 2.
AB150-engrossed,1277,15
1101.143
(3) (ae) 2. If a petroleum product storage system or home oil tank
2system that meets the performance standards in
40 CFR 280.20 or
s. ILHR 10.51,
3Wis. adm. code in rules promulgated by the department relating to underground
4storage tank systems installed after December 22, 1988, is located on a site on which
5a petroleum product discharge is confirmed before the date on which the petroleum
6product storage system or home oil tank system is installed and the department of
7natural resources does not issue a case closure letter with respect to that discharge
8before the installation date, then the owner or operator or person owning the home
9oil tank system remains eligible for an award for costs incurred because of a
10petroleum product discharge, from that petroleum product storage system or home
11oil tank system, which is confirmed, and with respect to which activities under par.
12(c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on
13which the department of natural resources issues a case closure letter with respect
14to the discharge that occurred before the installation of the petroleum product
15storage system or home oil tank system, whichever is earlier.
AB150-engrossed,1277,2517
101.143
(3) (am) 1. An owner or operator or a person owning a home oil tank
18system is not eligible for an award under this section for costs incurred because of
19a petroleum product discharge from a petroleum product storage system or a home
20oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are
21begun with respect to that discharge, after the day on which the petroleum product
22storage system or home oil tank system first meets the upgrading requirements in
2340 CFR 280.21 (b) to (d) or
s. ILHR 10.52 (2) to (4), Wis. adm. code in rules
24promulgated by the department relating to the upgrading of existing underground
25storage tank systems, except as provided in subds. 2. to 4.
AB150-engrossed,1278,152
101.143
(3) (am) 2. If a petroleum product storage system or home oil tank
3system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR
410.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to
5the upgrading of existing underground storage tank systems, after December 31,
61993, and the owner or operator or person owning the home oil tank system applies
7for private pollution liability insurance covering the petroleum product storage
8system or home oil tank system within 30 days after the day on which the petroleum
9product storage system or home oil tank system first meets those upgrading
10requirements, then the owner or operator or person remains eligible for an award for
11costs incurred because of a petroleum product discharge, from that petroleum
12product storage system or home oil tank system, which is confirmed, and with respect
13to which activities under par. (c) or (g) are begun, before the 91st day after the day
14on which the petroleum product storage system or home oil tank system first meets
15those upgrading requirements.
AB150-engrossed,1279,617
101.143
(3) (am) 4. If a petroleum product storage system or home oil tank
18system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR
1910.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to
20the upgrading of existing underground storage tank systems, after April 30, 1991,
21and is located on a site on which a petroleum product discharge is confirmed before
22the date on which the petroleum product storage system or home oil tank system first
23meets those upgrading requirements and the department of natural resources does
24not issue a case closure letter with respect to that discharge before that date, then
25the owner or operator or person owning the home oil tank system remains eligible
1for an award for costs incurred because of a petroleum product discharge, from that
2petroleum product storage system or home oil tank system, which is confirmed, and
3with respect to which activities under par. (c) or (g) are begun, before January 1,
41996, or before the 91st day after the day on which the department of natural
5resources issues a case closure letter with respect to the discharge that occurred
6before the upgrading requirements were met, whichever is earlier.
AB150-engrossed,1279,238
101.143
(3) (as) 4. If the department issues an award under this section for
9remedial action activities that were necessitated by a petroleum product discharge
10from a petroleum product storage system or home oil tank system that does not meet
11the performance standards in
40 CFR 280.20 or
s. ILHR 10.51, Wis. adm. code in
12rules promulgated by the department relating to underground storage tank systems
13installed after December 22, 1988, and that, at the time of that discharge, does not
14meet the upgrading requirements in
40 CFR 280.21 (b) to (d) or
s. ILHR 10.52 (2) to
15(4), Wis. adm. code in rules promulgated by the department relating to the upgrading
16of existing underground storage tank systems, then the owner or operator or person
17owning the home oil tank system remains eligible for an award for costs incurred
18because of any later petroleum product discharge from the same petroleum product
19storage system or home oil tank system and within the same area which is confirmed,
20and with respect to which activities under par. (c) or (g) are begun, before January
211, 1996, or before the 91st day after the day on which the petroleum product storage
22system or home oil tank system first meets those upgrading requirements,
23whichever is earlier.
AB150-engrossed,1280,7
1101.143
(3) (bm)
Agents. Except as provided in par. (bn), an owner or operator
2or a person owning a home oil tank system may enter into a written agreement with
3another a county or any other person under which that
county or other person acts
4as an agent for the owner or operator or person owning a home oil tank system in
5conducting the activities required under par. (c). The owner or operator or person
6owning a home oil tank system
and the agent shall jointly submit the claim for an
7award under sub. (4).
AB150-engrossed,1280,129
101.143
(3) (c) 4. Receive written approval from the department of natural
10resources
or, if the discharge is covered under s. 101.144 (2) (b), from the department
11of development that the remedial action activities performed under subd. 3. meet the
12requirements of s. 144.76.
AB150-engrossed,1280,1914
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
15owning a home oil tank system may, with the approval of the department of natural
16resources
or, if the discharge is covered under s. 101.144 (2) (b), the department of
17development, satisfy the requirements of par. (c) 2. and 3. by proposing and
18implementing monitoring to ensure the effectiveness of the natural process of
19degradation of petroleum product contamination.
AB150-engrossed,1281,621
101.143
(3) (d)
Review of site investigations, remedial action plans and
22remedial action activities. The department of natural resources
or, if the discharge
23is covered under s. 101.144 (2) (b), the department of development shall, at the
24request of the claimant, review the site investigation and the remedial action plan
25and advise the claimant on the adequacy of proposed remedial action activities in
1meeting the requirements of s. 144.76. The advice is not an approval of the remedial
2action activities. The department of natural resources
or, if the discharge is covered
3under s. 101.144 (2) (b), the department of development shall complete a final review
4of the remedial action activities within 60 days after the claimant notifies the
5appropriate department
of natural resources that the remedial action activities are
6completed.
AB150-engrossed,1281,98
101.143
(3) (e)
Notifications. The department of natural resources shall notify
9the department when it gives
the a claimant written approval under par. (c) 4.
AB150-engrossed,1281,1211
101.143
(3) (f) 5. The written approval of the department of natural resources
12or the department of development under par. (c) 4.
AB150-engrossed,1281,1614
101.143
(4) (a) 6. In any fiscal year, the department may not award more than
155% of the amount appropriated under s.
20.445 (1)
20.143 (3) (v) as awards for
16petroleum product storage systems described in par. (ei) 1.
AB150-engrossed,1281,2118
101.143
(4) (a) 7. In any fiscal year, the department may not award more than
195% of the amount appropriated under s.
20.445 (1)
20.143 (3) (v) as awards for
20petroleum product storage systems that are owned by school districts and that are
21used for storing heating oil for consumptive use on the premises where stored.
AB150-engrossed,1282,623
101.143
(4) (dm) 1. The department shall issue an award under this paragraph
24for a claim for eligible costs, under par. (b), incurred on or after
May 7, 1994 August
251, 1987, and before July 1, 1998, by the owner or operator of a petroleum product
1storage system that is not an underground petroleum product storage tank system
2and for eligible costs, under par. (b), incurred on or after July 1, 1998, by the owner
3or operator of a petroleum product storage system that is not an underground
4petroleum product storage tank system if the petroleum product discharge on which
5the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before
6July 1, 1998.
AB150-engrossed,1282,178
101.143
(4) (dm) 5. The department shall recalculate all awards issued under
9par. (e) before the effective date of this subdivision .... [revisor inserts date], for
10eligible costs incurred before May 7, 1994, by the owner or operator of a petroleum
11product storage system that is not an underground petroleum product storage tank
12system according to the eligibility requirements at the time that the awards were
13made except that the awards shall be subject to the deductible amounts under subd.
142. and the maximum amounts under subds. 3. and 4. The department shall issue an
15award under this subdivision for the difference between the award as recalculated
16under this subdivision and the award issued before the effective date of this
17subdivision .... [revisor inserts date].
AB150-engrossed,1283,520
101.143
(4) (e) 2. The department shall issue the award under this paragraph
21without regard to fault in an amount equal to the amount of the eligible costs that
22exceeds a deductible amount of
$2,500 plus 5% of the eligible costs, but not more than
23$7,500 per occurrence, for eligible costs incurred before July 1, 1993, or a deductible
24amount of $10,000 for eligible costs incurred on or after July 1, 1993 $10,000, except
25that the deductible amount for a petroleum product storage system that is owned by
1a school district or a technical college district and that is used for storing heating oil
2for consumptive use on the premises where stored is 25% of eligible costs and except
3that the deductible for a petroleum product storage system that is described in par.
4(ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence
5without regard to when the eligible costs are incurred.
AB150-engrossed,1283,157
101.143
(4) (e) 2m. An award issued under this paragraph may not exceed
8$195,000 for eligible costs incurred before July 1, 1993, or $190,000 for eligible costs
9incurred on or after July 1, 1993, $190,000 for each occurrence,
except that an award
10under this paragraph to a school district or a technical college district with respect
11to a discharge from a petroleum product storage system that is used for storing
12heating oil for consumptive use on the premises where stored is $190,000 for each
13occurrence, without regard to when the eligible costs are incurred, and except that
14an award under this paragraph to the owner or operator of a petroleum product
15storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.
AB150-engrossed,1283,2017
101.143
(4) (e) 3. The department may not issue awards under this paragraph
18to an owner or operator for eligible costs incurred in one program year that total more
19than
$195,000 for eligible costs incurred before July 1, 1993, or $190,000, for eligible
20costs incurred on or after July 1, 1993 $190,000.
AB150-engrossed,1284,222
101.143
(4) (ei) 1. b. The owner or operator of the farm tank has received a letter
23or notice from the
department of development or department of natural resources
24indicating that the owner or operator must conduct a site investigation or remedial
1action because of a discharge from the farm tank or an order to conduct such an
2investigation or remedial action.
AB150-engrossed,1284,104
101.143
(4) (es) 1. The department shall issue an award for a claim filed after
5August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
6by an owner or operator or a person owning a home oil tank system in investigating
7the existence of a discharge or investigating the presence of petroleum products in
8soil or groundwater if the investigation is undertaken at the written direction of the
9department of
industry, labor and human relations
development or the department
10of natural resources and no discharge or contamination is found.
AB150-engrossed,1284,1812
101.143
(4e) Payments to lenders. (a) Notwithstanding sub. (4) (g), when the
13department denies a claim under sub. (3) because of fraud, gross negligence or wilful
14misconduct on the part of an owner or operator, the department shall pay, to a person
15who loaned money to the owner or operator for the purpose of conducting activities
16under sub. (3) (c), an amount equal to the amount that would have been paid under
17sub. (4) for otherwise eligible expenses actually incurred, but not more than the
18amount specified under par. (b), if all of the following conditions are satisfied:
AB150-engrossed,1284,2419
1. The lender assigns to the department an interest in the collateral pledged
20by the owner or operator for the sole purpose of securing the loan that was made to
21finance the activities under sub. (3) (c). If the amount of the payment under this
22subsection is less than the amount of the loan, the lender shall assign to the
23department that fraction of the lender's interest in the collateral that equals the ratio
24of the amount of the payment under this subsection to the amount of the loan.
AB150-engrossed,1285,4
12. For a loan that is made after the effective date of this subdivision .... [revisor
2inserts date], before the lender made any disbursement of the loan the department
3provided a letter indicating its preliminary determination that the owner or operator
4was eligible for an award under sub. (4).
AB150-engrossed,1285,85
3. For a loan that is made after the effective date of this subdivision .... [revisor
6inserts date], claims for payment under sub. (3) are made after completion of the site
7investigation and remedial action plan, after completion of the remedial action and
8annually for any continuing maintenance, monitoring and operation costs.
AB150-engrossed,1285,129
(b) Payment under this section may not exceed the amount of the loan. If the
10loan is made after the effective date of this paragraph .... [revisor inserts date],
11payment under this section may not exceed the amount of the loan disbursements
12made before the department notifies the lender that the claim may be denied.
AB150-engrossed,1285,1513
(c) Assignment of an interest in collateral to the department under par. (a) 1.
14does not deprive a lender of its right to any cause of action arising out of the loan
15documents.
AB150-engrossed,1285,1916
(d) Any payments made by the department under this subsection constitute a
17lien upon the property on which the remedial action is conducted if the department
18records the lien with the register of deeds in the county in which the property is
19located.
AB150-engrossed,1286,221
101.143
(5) (a)
Right of action. A right of action under this section shall accrue
22to the state against an owner, operator or other person only if the owner, operator or
23other person submits a fraudulent claim or does not meet the requirements under
24this section and if an award is issued under this section to the owner, operator or
1other person for eligible costs under this section
or if payment is made to a lender
2under sub. (4e).
AB150-engrossed,1286,4
4101.144 Petroleum storage tank discharges. (1) In this section:
AB150-engrossed,1286,55
(a) "Discharge" has the meaning given in s. 144.76 (1) (a).
AB150-engrossed,1286,66
(am) "Hazardous substance" has the meaning given in s. 144.01 (4m).
AB150-engrossed,1286,77
(b) "Petroleum product" has the meaning given in s. 101.143 (1) (f).
AB150-engrossed,1286,108
(bm) "Petroleum storage tank" means a storage tank that is used to store
9petroleum products together with any on-site integral piping or dispensing system.
10"Petroleum storage tank" does not include a pipeline facility.
AB150-engrossed,1286,1411
(c) "Remedial action" means action that is taken in response to a discharge and
12that is necessary to restore the environment to the extent practicable and to
13minimize the harmful effects of the discharge to the air, lands and waters of this
14state.
AB150-engrossed,1286,1715
(d) "Responsible person" means a person who owns or operates a petroleum
16storage tank, a person who causes a discharge from a petroleum storage tank or a
17person on whose property a petroleum storage tank is located.
AB150-engrossed,1286,25
18(2) (a) The department shall administer a program under which responsible
19persons investigate, and take remedial action in response to, those discharges of
20petroleum products from petroleum storage tanks that are covered under par. (b).
21The department may issue an order requiring a responsible person to take remedial
22action in response to a discharge of a petroleum product from a petroleum storage
23tank if the discharge is covered under par. (b). In administering this section, the
24department shall follow rules promulgated by the department of natural resources
25for the cleanup of discharges of hazardous substances.
AB150-engrossed,1287,2
1(b) The program under this section covers a discharge of a petroleum product
2from a petroleum storage tank if all of the following apply:
AB150-engrossed,1287,53
1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as
4medium priority or low priority, based on the threat that the discharge poses to public
5health, safety and welfare and to the environment.
AB150-engrossed,1287,76
2. The site of the discharge is not contaminated by a hazardous substance other
7than the petroleum product that was discharged from the petroleum storage tank.
AB150-engrossed,1287,10
8(3) The department of natural resources may take action under s. 144.76 (7)
9(a) or may issue an order under s. 144.76 (7) (c) in response to a discharge that is
10covered under sub. (2) (b) only if one or more of the following apply:
AB150-engrossed,1287,1211
(a) The action or order is necessary in an emergency to prevent or mitigate an
12imminent hazard to public health, safety or welfare or to the environment.
AB150-engrossed,1287,1413
(b) The department of development requests the department of natural
14resources to take the action or issue the order.
AB150-engrossed,1287,1615
(c) The secretary of natural resources approves the action or order in advance
16after notice to the secretary of development.
AB150-engrossed,1287,1917
(d) The department of natural resources takes action under s. 144.76 (7) (a)
18after the responsible person fails to comply with an order that was issued under s.
19144.76 (7) (c) in compliance with this subsection.
AB150-engrossed,1287,2120
(e) The department of natural resources takes the action under s. 144.76 (7) (a)
21because the identity of the responsible person is unknown.
AB150-engrossed,1287,24
22(3m) (a) The department of development and the department of natural
23resources shall enter into a memorandum of understanding that does all of the
24following:
AB150-engrossed,1288,2
11. Establishes the respective functions of the 2 departments in the
2administration of this section and s. 101.143.
AB150-engrossed,1288,43
2. Establishes procedures to ensure that remedial actions taken under this
4section are consistent with actions taken under s. 144.76 (7).
AB150-engrossed,1288,75
3. Establishes procedures, standards and schedules for determining whether
6the site of a discharge of a petroleum product from a petroleum storage tank is
7classified as high priority, medium priority or low priority.
AB150-engrossed,1288,118
(b) The department of development and the department of natural resources
9shall submit a memorandum of understanding under this subsection to the secretary
10of administration for review. A memorandum of understanding under this
11subsection does not take effect until it is approved by the secretary of administration.
AB150-engrossed,1288,14
12(4) Any person who violates a rule promulgated or an order issued under this
13section shall forfeit not less than $10 nor more than $5,000 for each violation. Each
14day of continued violation is a separate offense.
AB150-engrossed,1288,22
16101.17 Machines and boilers, safety requirement. No machine,
17mechanical device, or steam boiler shall be installed or used in this state which does
18not fully comply with the requirements of the laws of this state enacted for the safety
19of employes and frequenters in places of employment and public buildings and with
20the orders of the department adopted and published in conformity with
ss. 101.01 to
21101.25 this subchapter. Any person violating this section shall be subject to the
22forfeitures provided in s. 101.02 (12) and (13).
AB150-engrossed, s. 3688
24Section
3688. 101.221 of the statutes is renumbered 106.05, and 106.05 (2),
25as renumbered, is amended to read:
AB150-engrossed,1289,4
1106.05
(2) The council shall give consideration to the practical operation and
2application of ss.
101.22 to 101.222 106.04 to 106.06 and report to the proper
3legislative committee its view on any pending bill relating to the subject matter of
4ss.
101.22 to 101.222 106.04 to 106.06.
AB150-engrossed, s. 3689
5Section
3689. 101.222 of the statutes is renumbered 106.06, and 106.06 (3),
6as renumbered, is amended to read:
AB150-engrossed,1289,97
106.06
(3) All gifts, grants, bequests and devises to the division for its use for
8any of the purposes mentioned in s.
101.221 106.05 are valid and shall be used to
9carry out the purposes for which made and received.
AB150-engrossed, s. 3690
10Section
3690. 101.223 of the statutes is renumbered 106.07, and 106.07 (4) (a),
11as renumbered, is amended to read:
AB150-engrossed,1289,1612
106.07
(4) (a) The department shall receive and investigate complaints
13charging discrimination or discriminatory practices in particular cases, and
14publicize its findings with respect thereto. The department has all powers provided
15under s. 111.39 with respect to the disposition of such complaints. The findings and
16orders of examiners may be reviewed as provided under s.
101.22 106.04 (10) (b).
AB150-engrossed, s. 3694
20Section
3694. 101.26 of the statutes, as affected by 1995 Wisconsin Act .... (this
21act), is renumbered 106.11.