166.15(5)
(5) Construction. This section may not be deemed to have any effect upon the liability of any person for any harm caused by any incident which is not a nuclear incident.
166.20
166.20
Hazardous substances information and emergency planning. 166.20(1)(a)
(a) "Board" means the state emergency response board.
166.20(1)(c)
(c) "Facility" means the buildings and contiguous area of a single location which is owned, operated or controlled by the same person and used for conducting the activities of a public or private agency, or as defined in
42 USC 11049 (4).
166.20(1)(d)
(d) "Facility plan" means a plan for response to the release of hazardous substances from a specific facility, prepared as a component of a local emergency response plan under
sub. (5) (a) 1. and under
42 USC 11003.
166.20(1)(fm)
(fm) "Hazardous material" has the meaning given in 49 USC Appendix 1802 (4).
166.20(1)(g)
(g) "Hazardous substance" means an extremely hazardous substance included in the list published by the administrator of the U.S. environmental protection agency under
42 USC 11002 (a) (2) or a hazardous substance as defined under
42 USC 9601 (14) or designated by the administrator of the U.S. environmental protection agency under
42 USC 9602 (a).
166.20(1)(ge)
(ge) "Level A release" means a release of a hazardous substance that necessitates the highest level of protective equipment for the skin and respiratory systems of emergency response personnel because of any of the following conditions:
166.20(1)(ge)1.
1. Substances with a high degree of hazard to the skin are known or suspected to be present and skin contact is possible.
166.20(1)(ge)2.
2. There are present, or there is a potential for, high atmospheric levels of substances that are harmful to the skin or capable of being absorbed through intact skin.
166.20(1)(ge)3.
3. Operations at the site of the release involve a high potential for exposure to liquids or particulates that are harmful to the skin or capable of being absorbed through intact skin.
166.20(1)(ge)4.
4. Response operations must be conducted in confined, poorly ventilated areas and the absence of conditions under
subds. 1. to
3. has not been established.
166.20(1)(gi)
(gi) "Level B release" means a release of a hazardous substance that necessitates the highest level of protective equipment for the respiratory systems of emergency response personnel, but less skin protection than a level A release, because operations at the site of the release do not involve a high potential for exposure to liquids or particulates that are harmful to the skin or capable of being absorbed through intact skin and any of the following conditions exists:
166.20(1)(gi)1.
1. The type and concentration of substances in the atmosphere have been identified and are dangerous to respiration but are not harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gi)2.
2. The atmosphere contains less than 19.5% oxygen but does not contain substances that are harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gi)3.
3. Vapors or gases are present that have not been completely identified but it is known that those vapors or gases are not harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gm)
(gm) "Petroleum marketing facility" means a facility at which petroleum products are received by tank truck, tank trailer or railroad tank car and stored for resale.
166.20(1)(h)
(h) "Private agency" means a privately owned and operated research facility or educational institution.
166.20(1)(i)
(i) "Public agency" means a state or local office, agency, board, commission, committee, council, department, research facility, educational institution or public body corporate or politic created by constitution, law, ordinance, rule or order, or a governmental or quasi-governmental corporation.
166.20(1)(j)
(j) "Threshold quantity" means a designated quantity of:
166.20(1)(j)1.
1. A hazardous chemical which, if used by or present at a facility, makes the facility subject to the requirements of
sub. (5) (a) 3.; or
166.20(1)(j)2.
2. A toxic chemical which, if used by or present at a facility, makes the facility subject to the requirements of
sub. (5) (a) 4.
166.20(2)
(2) Duties of the board. The board shall:
166.20(2)(a)
(a) Carry out all requirements of a state emergency response commission under the federal act.
166.20(2)(b)
(b) Promulgate rules necessary for the implementation of the federal act.
166.20(2)(bg)
(bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under
s. 166.21 (2) (bm).
166.20(2)(bm)
(bm) Promulgate rules establishing standards to determine all of the following:
166.20(2)(bm)1.
1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for a release of a hazardous substance under
s. 166.215 (3) or
166.22 (4).
166.20(2)(bm)2.
2. If a person responsible for a release of a hazardous substance under
s. 166.215 (3) or
166.22 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the release.
166.20(2)(c)
(c) Oversee the implementation of local emergency response plans by committees and provide assistance to committees in executing their duties under
sub. (3) (b) to the greatest extent possible.
166.20(2)(e)
(e) At least annually, submit a report to the governor indicating whether each county has a committee and whether the composition of each committee conforms to
42 USC 11001 (c).
166.20(2)(f)
(f) If the composition of a county's committee does not conform to
42 USC 11001 (c), inform the county board of that fact and of the county board's duty, under
s. 59.54 (8) (a) 1., to create a committee with members as specified in
42 USC 11001 (c).
166.20(3)
(3) Duties of committees. A committee shall:
166.20(3)(a)
(a) Carry out all requirements of a committee under the federal act.
166.20(3)(b)
(b) Upon receipt by the committee or the committee's designated community emergency coordinator of a notification under
sub. (5) (a) 2. of the release of a hazardous substance, take all actions necessary to ensure the implementation of the local emergency response plan.
166.20(3)(c)
(c) Consult and coordinate with the county board, the county and local heads of emergency management services designated under
s. 166.03 (4) (a) or
(b) and the county emergency management committee designated under
s. 166.03 (4) (c) in the execution of the local emergency planning committee's duties under this section.
166.20(4)
(4) Duties of the department of natural resources. The department of natural resources shall:
166.20(4)(a)
(a) Upon receipt of a notification under
sub. (5) (a) 2. or
s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the board.
166.20(4)(b)
(b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under
s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources may also, at the time of a release of a hazardous substance, identify and recommend to the board and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.
166.20(4)(c)
(c) Use the information contained in toxic chemical release forms submitted under
sub. (5) (a) 4. in the planning and implementation of programs related to the regulation, monitoring, abatement and mitigation of environmental pollution.
166.20(4m)
(4m) Cooperation. A state agency or local governmental unit may assist the board or a committee in the performance of its duties and may enter into an agreement with the board or a committee.
166.20(5)
(5) Notification and reporting requirements. 166.20(5)(a)2.
2. All facilities in this state covered under
42 USC 11004 shall comply with the notification requirements of
42 USC 11004. Notification of the department of natural resources of the discharge of a hazardous substance under
s. 292.11 (2) shall constitute the notification of the board required under
42 USC 11004 if the notification contains the information specified in
42 USC 11004 (b) (2) or (c).
166.20(5)(a)3.
3. All facilities in this state covered under
42 USC 11021 and all public agencies and private agencies in this state at which a hazardous chemical is present at or above an applicable threshold quantity shall comply with the reporting requirements under
42 USC 11021 and
11022.
166.20(5)(a)4.
4. The following facilities shall comply with the toxic chemical release form requirements under
42 USC 11023 and shall submit copies of all toxic chemical release forms to the department of natural resources:
166.20(5)(a)4.b.
b. All public agencies and private agencies at which a toxic chemical is used at or above an applicable threshold quantity.
166.20(5)(a)4.c.
c. All facilities with 10 or more employes in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this
subd. 4. c. is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under
ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in
s. 293.01 (7), minerals as defined in
s. 293.01 (8) or refuse as defined in
s. 293.01 (25).
166.20(5)(a)5.
5. The reporting procedures for trade secrets under
42 USC 11042 shall apply to all facilities in this state subject to the requirements under
subd. 1.,
3. or
4. For the purposes of applying this subdivision to public agencies and private agencies, the board shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under
42 USC 11042.
166.20(5)(a)6.
6. All facilities in this state subject to the requirements under subd.
3 .or
4. shall comply with the procedures for providing information under
42 USC 11043.
166.20(5)(b)
(b) No public or private agency is subject to the requirements under
par. (a) 3. to
6. before January 1, 1990.
166.20(5m)
(5m) Furnishing information. If the board or a committee requests, in writing, information relating to the federal act or to this section, a facility shall furnish the information in the manner requested.
166.20(6)
(6) Threshold quantities. Threshold quantities for the facilities of public agencies and private agencies shall be identical to the threshold quantities established by the federal act or by regulations promulgated under the federal act.
166.20(7)(a)(a) The board shall establish, by rule, the following fees at levels designed to fund the board's administrative expenses and the grants under
s. 166.21 and to repay the amount expended under
s. 20.465 (3) (d):
166.20(7)(a)1.
1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under
sub. (5) (a) 1.
166.20(7)(a)2.
2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under
sub. (5) (a) 3.
166.20(7)(b)
(b) The operator of a facility subject to the requirements of
sub. (5) (a) 1. or
3. shall pay the fees under
par. (a). The board may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under
par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.
166.20(7)(d)
(d) The operator of a facility, including a facility engaged in farming, as defined in
s. 102.04 (3), is exempt from the fees under
par. (a) if the operator of the facility employs fewer than the equivalent of 10 full-time employes in this state.
166.20(7)(dm)
(dm) The operator of a petroleum marketing facility is exempt from the fees under
par. (a) 2. with respect to gasoline and diesel fuel present at the petroleum marketing facility.
166.20(7g)
(7g) Hazardous materials transportation registration fees. 166.20(7g)(a)(a) The board shall establish, by rule, fees to be paid annually to the department of transportation by persons that are required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC Appendix 1805 (c).
166.20(7g)(b)
(b) The amount of the fees under this subsection shall be the amount of the fees established in
s. ERB 4.03 (2), Wis. adm. code, as shown on June 30, 1995.
166.20(7g)(d)
(d) If a person described in
par. (a) is required to pay the fee under
sub. (7) (a) 2., the person shall pay under this subsection only the amount by which the fee otherwise payable under this subsection exceeds the fee under
sub. (7) (a) 2., if any.
166.20(7g)(e)
(e) The board may, by rule, establish exemptions from the fees under
par. (a).
166.20(7m)(a)(a) An authorized inspector of the board or the committee for the county in which a facility is located may enter and inspect any facility or any pertinent record relating to the facility at any reasonable time for the purpose of determining whether the facility is complying with this section and rules promulgated under this section. The board or committee, if requested, shall furnish to the operator of the facility a report setting forth all facts found which relate to compliance with this section and rules promulgated under this section.
166.20(7m)(b)
(b) The board shall promulgate rules to specify how the board or a committee may authorize inspectors for the purposes of
par. (a). The rules shall include requirements for experience or training of individuals authorized to conduct inspections.
166.20(8)(a)(a) The department of justice, at its own discretion or at the request of the board or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce
subs. (2) to
(7) and rules promulgated under
subs. (2) to
(7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance.
166.20(8)(b)
(b) In addition to any other relief granted, the court may grant injunctive relief to restrain violations of
subs. (2) to
(7) and rules promulgated under
subs. (2) to
(7).
166.20(9)(a)1.
1. Any person may commence a civil action on his or her behalf against any of the following:
166.20(9)(a)1.c.
c. The board for failure to render a decision in response to a petition under
42 USC 11042 (d), as applied under
sub. (5) (a) 5., within 9 months after receipt of the petition.
