No common law liability, and no statutory liability which is provided in a statute other than this section, for damages resulting from a petroleum product storage system or home oil tank system is affected by this section. Except as provided in par. (am)
, the authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any statute other than this section or provided at common law.
An award under this section is the exclusive method for the recovery of the amount of eligible costs equal to the amount of the award that may be issued under this section.
If a person conducts a remedial action activity for a discharge at a petroleum product storage system or home oil tank system site, whether or not the person files a claim under this section, the claim and remedial action activity conducted are not evidence of liability or an admission of liability for any potential or actual environmental pollution.
(7m) Intervention in 3rd-party actions.
An owner or operator of an underground petroleum product storage tank system shall notify the department of any action by a 3rd party against the owner or operator for compensation for bodily injury or property damage caused by a petroleum products discharge from the underground petroleum product storage tank system if the owner or operator may be eligible for an award under this section. The department may intervene in any action by a 3rd party against an owner or operator for compensation for bodily injury or property damage caused by a petroleum products discharge from an underground petroleum product storage tank system if the owner or operator may be eligible for an award under this section for compensation awarded in the action.
(8) Petroleum storage environmental cleanup council.
The petroleum storage environmental cleanup council shall do all of the following:
Advise the secretary on any rules which may be promulgated under this section.
Review and advise the secretary and the secretary of natural resources on the implementation of the petroleum product remedial action program established under this section.
The department shall promulgate rules prescribing requirements for the records to be maintained by an owner or operator, person owning a home oil tank system or service provider and the periods for which they must retain those records.
The department may inspect any document in the possession of an owner or operator, person owning a home oil tank system or service provider or any other person if the document is relevant to a claim for reimbursement under this section.
Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under sub. (9) (a)
may be required to forfeit not more than $2,000. Each day of continued violation constitutes a separate offense.
Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 10 years or both.
History: 1987 a. 399
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
, 9116 (5)
; 1995 a. 227
; s. 13.93 (2) (c).
The proceeds of general obligation bonds may be used to fund awards under this section. 81 Atty. Gen. 114
Petroleum storage tank discharges. 101.144(1)(bm)
"Petroleum storage tank" means a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system. "Petroleum storage tank" does not include a pipeline facility.
"Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.
"Responsible person" means a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located.
The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b)
. The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b)
. In administering this section, the department shall follow rules promulgated by the department of natural resources for the cleanup of discharges of hazardous substances.
The program under this section covers a discharge of a petroleum product from a petroleum storage tank if all of the following apply:
The site of the discharge is classified, as provided under sub. (3m) (a) 3.
, as medium priority or low priority, based on the threat that the discharge poses to public health, safety and welfare and to the environment.
The site of the discharge is not contaminated by a hazardous substance other than the petroleum product that was discharged from the petroleum storage tank.
The department of natural resources may take action under s. 292.11 (7) (a)
or may issue an order under s. 292.11 (7) (c)
in response to a discharge that is covered under sub. (2) (b)
only if one or more of the following apply:
The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.
The department of commerce requests the department of natural resources to take the action or issue the order.
The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce.
The department of natural resources takes action under s. 292.11 (7) (a)
after the responsible person fails to comply with an order that was issued under s. 292.11 (7) (c)
in compliance with this subsection.
The department of natural resources takes the action under s. 292.11 (7) (a)
because the identity of the responsible person is unknown.
The department of commerce and the department of natural resources shall enter into a memorandum of understanding that does all of the following:
Establishes the respective functions of the 2 departments in the administration of this section and s. 101.143
Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under s. 292.11 (7)
Establishes procedures, standards and schedules for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high priority, medium priority or low priority.
The department of commerce and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.
Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
History: 1995 a. 27
and 9116 (5)
; 1995 a. 227
As used in this section:
"Residential building" means any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children's home, community-based residential facility or dormitory but does not include a hospital or nursing home.
"Sleeping area" means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.
"Smoke detector" means a device which detects particles or products of combustion other than heat.
"Unit" means a residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
A smoke detector required under this section shall be approved by underwriters laboratory.
The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector.
The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.
The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employe charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within 6 feet of each sleeping area and not in a kitchen.
Whoever violates this section shall forfeit to the state not more than $50 for each day of violation.
(6) Department inspection and orders.
The department may inspect all residential buildings, except the interior of private dwellings, as may be necessary to ensure compliance with this section. The department may inspect the interior of private dwellings at the request of the owner or renter as may be necessary to ensure compliance with this section. The department may issue orders as may be necessary to ensure compliance with this section.
Mines, tunnels, quarries and pits. 101.15(1)
If any shaft or workings of a mine, or any tunnel, trench, caisson, quarry, or gravel or sand pit is being operated or used in violation of the safety orders of the department applicable thereto, the owner or operator upon receiving notice of such violation from the department shall immediately cease such operation or use. The operation or use of such shaft or workings of a mine, or of such tunnel, trench, caisson, quarry or gravel or sand pit, shall not be resumed until such safety orders have been complied with.
"Excavation" or "workings" means any or all parts of a mine excavated or being excavated, including shafts, tunnels, drifts, cross cuts, raises, winzes, stopes and all other working places in a mine.
"Mineral" means a product recognized by standard authorities as mineral, whether metalliferous or nonmetalliferous.
"Shaft" means an opening made for mining minerals, for hoisting and lowering persons or material, or for ventilating underground workings.
No excavation of a shaft may be commenced unless a permit is first issued therefor by the department. Permits for such excavation shall be issued upon fee payment and application filed with the department, if the department is satisfied that the shaft or the excavation and workings will be in compliance with the safety orders adopted by the department and applicable thereto. Application shall be made upon forms prescribed by the department and shall be furnished upon request.
(c) Paragraph (b)
does not apply to shafts which will be less than 50 feet in depth wherein persons are not employed, or which are not equipped with power driven hoists used for hoisting persons in and out of the shafts, or which are not covered with a flammable building.
Employ additional mining inspectors, who shall have had at least 10 years experience in underground mining or be a graduate of a recognized college with a degree of mining engineering.
Cause the inspection of all underground mines, quarries, pits, zinc works or other excavations.
The department shall promulgate rules to effect the safety of mines, explosives, quarries and related activities. Such rules shall provide for the establishment of uniform limits on permissible levels of blasting resultants to reasonably assure that blasting resultants do not cause injury, damage or unreasonable annoyance to any person or property outside any controlled blasting site area.
The department shall cause the inspections of underground mines and similar establishments at least once every 2 months and shall cause the inspections of surface mines and similar establishments at least once each year. In the making of the inspections the owner and the labor union identified as the bargaining representative of the employes of the mine or establishment shall be permitted to accompany the inspector engaged in the tour of inspection. The department shall cause a report of any inspection so made, to be submitted to representatives of the operator and of the employes.
The department may apply to a court of record for the closing of any underground mine, quarry, pit, zinc works or other excavation where the same is being operated in violation of any of its rules or orders, and the owners or operators have failed within a reasonable time to correct any unsafe methods of operation. The failure of any owner or operator to comply with the order or judgment of the court subjects the party or parties to contempt proceedings.
When a deputy inspector determines that there is a violation of safety orders where a condition of extreme and imminent danger to a workman's life exists, he may seek the assistance of a local law enforcement officer. The local law enforcement officer has a duty to render such assistance unless in his opinion other priority assignment take precedence. 59 Atty. Gen. 12.
Liquefied petroleum gas. 101.16(1)
The term "liquefied petroleum gas" as used in this section, shall mean and include any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes, normal butane or isobutane and butylenes.
The department shall ascertain, fix and order such reasonable standards, rules or regulations for the design, construction, location, installation, operation, repair and maintenance of equipment for storage, handling, use, and transportation by tank truck or tank trailer, of liquefied petroleum gases for fuel purposes, and for the odorization of said gases used therewith, as shall render such equipment safe. The promulgation, effect and review of standards, rules and regulations adopted under this section shall be controlled by this chapter.
No person, firm or corporation, except the owner thereof and those duly authorized by the owner so to do, shall fill, refill or use in any manner a liquefied petroleum gas container or receptacle for any purpose whatsoever.
Every person, firm, association or corporation actually performing the work of installing, on and after the effective date of regulations promulgated by the department pursuant to this section, equipment utilizing liquefied petroleum gas for fuel purposes, shall furnish the customer or user of said equipment, a statement, the form of which shall be prescribed by the department, showing that the design, construction, location and installation of said equipment conforms with the rules and regulations adopted by the department pursuant to this section.
Any person, firm, association or corporation violating this section, or any standard, rule or regulation adopted by the department pursuant to this section, or issuing a false statement under sub. (4)
, shall be fined not less than $25 nor more than $100, or imprisoned not less than 30 days nor more than 6 months.
This section shall not apply to railroads engaged in interstate commerce or to equipment used by them.
History: 1971 c. 185
; Stats. 1971 s. 101.16.
Machines and boilers, safety requirement.
No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employes and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with this subchapter. Any person violating this section shall be subject to the forfeitures provided in s. 101.02 (12)
History: 1971 c. 185
; 1971 c. 228
; Stats. 1971 s. 101.17; 1995 a. 27
Local energy resource systems. 101.175(1)(a)
"Local energy resource system" means a solar energy system, a wind energy system or a wood energy system.