166.20 (7m) (a) An authorized inspector of the
board division 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 division 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.
27,3117bu
Section 3117bu. 166.20 (7m) (b) of the statutes is amended to read:
166.20 (7m) (b) The board
division shall promulgate rules to specify how the board division 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.
27,3117bw
Section 3117bw. 166.20 (8) (a) of the statutes is amended to read:
166.20 (8) (a) The department of justice, at its own discretion or at the request of the board division 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.
27,3117cd
Section 3117cd. 166.20 (9) (a) 1. c. of the statutes is amended to read:
166.20 (9) (a) 1. c. The board
division 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.
27,3117cf
Section 3117cf. 166.20 (9) (a) 1. d. of the statutes is amended to read:
166.20 (9) (a) 1. d. The board
division for failure to provide a mechanism for public availability of information in accordance with 42 USC 11044 (a), as applied under sub. (2) (a).
27,3117ch
Section 3117ch. 166.20 (9) (a) 1. e. of the statutes is amended to read:
166.20 (9) (a) 1. e. The board
division for failure to respond to a request for information under 42 USC 11022 (e) (3), as applied under sub. (2) (a).
27,3117cj
Section 3117cj. 166.20 (9) (a) 2. (intro.) of the statutes is amended to read:
166.20 (9) (a) 2. (intro.) The board division or any county, city, village or town may commence a civil action against any person for failure to do any of the following:
27,3117ck
Section 3117ck. 166.20 (9) (a) 2. a. of the statutes is amended to read:
166.20 (9) (a) 2. a. Provide notification to the
board division under 42 USC 11002 (c), as applied under sub. (5) (a) 1.
27,3117cm
Section 3117cm. 166.20 (9) (a) 3. of the statutes is amended to read:
166.20 (9) (a) 3. The board
division or any committee may commence an action against any person for failure to provide the information required under 42 USC 11003 (d), as applied under sub. (5) (a) 1. or any information required under 42 USC 11022 (e) (1), as applied under sub. (5) (a) 3.
27,3117cp
Section 3117cp. 166.20 (9) (b) 1. (intro.) of the statutes is amended to read:
166.20 (9) (b) 1. (intro.) No action may be commenced against any person other than the board
division under this subsection under any of the following circumstances:
27,3117cq
Section 3117cq. 166.20 (9) (b) 1. a. of the statutes is amended to read:
166.20 (9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave notice of the alleged violation to the board division and to the alleged violator.
27,3117cr
Section 3117cr. 166.20 (9) (b) 2. of the statutes is amended to read:
166.20 (9) (b) 2. No action may be commenced against the board division under this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of the action to the board division.
27,3117ct
Section 3117ct. 166.20 (11) (dg) of the statutes is amended to read:
166.20 (11) (dg) Except as provided in this paragraph, any person who negligently makes a false statement or representation in any document provided by the operator of a facility or required to be maintained by the operator of a facility under the federal act, this section or rules promulgated under this section shall forfeit not less than $100 nor more than $25,000. This penalty does not apply to the board division, a committee or a member of the board division or a committee.
27,3117cw
Section 3117cw. 166.21 (1) (b) of the statutes is amended to read:
166.21 (1) (b) Any committee may apply annually to the board division for an emergency planning grant. Applications shall be made in the manner specified by the board division.
27,3117d
Section 3117d. 166.21 (2) (bm) of the statutes is repealed.
27,3117f
Section 3117f. 166.21 (2) (br) of the statutes is amended to read:
166.21 (2) (br) Subject to sub. (2m), for grant applications submitted during the period after May 31, 1995, and before September 1, 1997, 80% of the costs of computers and emergency response equipment, but not to exceed $10,000. In-kind contributions may be used to meet the committee's contribution under this paragraph.
27,3117g
Section 3117g. 166.21 (2) (e) of the statutes is amended to read:
166.21 (2) (e) The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.
27,3117h
Section 3117h. 166.21 (2m) (intro.) of the statutes is amended to read:
166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (bm)
(br) for emergency response equipment only if it submits to the board a strategic plan for emergency response to hazardous substance releases that includes all of the following:
27,3117kc
Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
166.21 (2m) Strategic plan. (intro.) A committee is eligible for grant funds under sub. (2) (br) for emergency response equipment only if it submits to the division a strategic plan for emergency response to hazardous substance releases that includes all of the following:
27,3117ke
Section 3117ke. 166.21 (3) (a) 1. of the statutes is amended to read:
166.21 (3) (a) 1. The costs of each new facility plan completed by the committee and approved by the board division in the period covered by the grant.
27,3117kf
Section 3117kf. 166.21 (3) (a) 3. of the statutes is amended to read:
166.21 (3) (a) 3. The portion of a previous year's costs that was approved by the board division but not paid because of insufficient funds.
27,3117kj
Section 3117kj. 166.21 (3) (b) of the statutes is amended to read:
166.21 (3) (b) The board division shall reduce the grant amount calculated under par. (a) by the amount of any other gifts or grants received by the committee in the period covered by the grant for costs incurred by the committee related to sub. (2).
27,3117km
Section 3117km. 166.21 (3) (c) of the statutes is amended to read:
166.21 (3) (c) Notwithstanding sub. (2), the
board division shall deny that portion of a grant calculated under par. (a) 2. if the board division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 166.20 or the federal act.
27,3117kp
Section 3117kp. 166.21 (3) (e) of the statutes is amended to read:
166.21 (3) (e) Annually, the board division shall establish a formula to determine the amount of emergency planning grant funds available to each county.
27,3117kr
Section 3117kr. 166.21 (4) of the statutes is amended to read:
166.21 (4) Payment of grants. Annually, the board division shall review all applications received under this section and make grants to committees from the appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to pay all approved grants, the board division shall prorate the available funds among the eligible applicants in proportion to the approved grant amounts. A prorated payment shall be deemed full payment of the grant.
27,3117ks
Section 3117ks. 166.21 (5) of the statutes is amended to read:
166.21 (5) Payment in advance. (a) The board division may pay a portion of a grant before the end of the period covered by the grant if a committee requests the advance payment and if the board division determines that the necessary funds are available and that the advance payment will not result in insufficient funds to pay other grants.
(b) The board division may pay an amount up to 50% of anticipated eligible costs covered by a grant up to 12 months before the end of the period covered by the grant. The board division may pay an additional amount up to 25% of anticipated eligible costs up to 6 months before the end of the period covered by the grant. The board division shall determine anticipated eligible costs from a budget submitted by the committee at the time that the committee requests payment in advance.
(c) If a committee receives advance payments under this subsection which exceed the total grant amount calculated under sub. (3), the board division shall subtract the amount of the overpayment from the amount of a grant paid to that committee in the next year that the committee receives a grant.
27,3117m
Section 3117m. 166.215 (1) of the statutes is amended to read:
166.215 (1) The board shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the board. The board shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The board may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. A contract under this subsection may provide for payments to the regional emergency response team in addition to the reimbursement provided in sub. (2). Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).
27,3117mc
Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
166.215 (1) The division shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).
27,3117p
Section 3117p. 166.215 (2) of the statutes is amended to read:
166.215 (2) The board shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1). Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (rg) and (rt) (dr). Reimbursement is available under s. 20.465 (3) (rt) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.
27,3117qh
Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under sub. (1). Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.
27,3117qm
Section 3117qm. 166.215 (3) of the statutes is amended to read:
166.215 (3) A person who possessed or controlled a hazardous substance that was released or who caused the release of a hazardous substance shall reimburse the board division for costs incurred by a regional emergency response team in responding to the release under sub. (1).
27,3117r
Section 3117r. 166.215 (5) of the statutes is created to read:
166.215 (5) The board shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (1) or renewing or extending a contractual agreement under sub. (1), of the specific funding commitment involved in that proposed new, renewed or extended contract. The board shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The board may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the board's proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the board that the committee has scheduled a meeting to review the board's proposed action, the board may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action. Notwithstanding s. 13.10, the board may include in its notification to the joint committee on finance a request for approval of any increase in the amount of money in the appropriation account under s. 20.465 (3) (dd) necessary to provide sufficient money for the proposed new, renewed or extended contracts under sub. (1).
27,3117t
Section 3117t. 166.22 (3m) of the statutes is amended to read:
166.22 (3m) The board shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (rt)
(dr). Reimbursement is available under s. 20.465 (3) (rt)
(dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.
27,3117w
Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:
166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under sub. (3). Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.
27,3118
Section 3118
. 168.01 of the statutes is renumbered 168.01 (intro.) and amended to read:
168.01 (title) Definition Definitions. (intro.) In this chapter “department":
(1) “Department" means the department of commerce.
27,3119
Section 3119
. 168.01 (2) of the statutes is created to read:
168.01 (2) “Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. “Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. “Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. “Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement. “Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.
27,3119m
Section 3119m. 168.11 (1) (b) 2. of the statutes is amended to read:
168.11 (1) (b) 2. A device that dispenses, for sale at retail, a reformulated gasoline, as defined in s. 285.37 (1), that contains an oxygenate other than ethanol shall be marked or labeled with the identity of the oxygenate at all times when the product is offered for sale. The label shall identify the oxygenate as “methyl tertiary butyl ether (MTBE)" or “ethyl tertiary butyl ether (ETBE)" or, if the reformulated gasoline contains another oxygenate or a combination of oxygenates, the label shall identify the oxygenate or oxygenates in the manner specified by the department by rule.
27,3120
Section 3120
. 168.12 (1) of the statutes is amended to read:
168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier
, as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.
27,3121
Section 3121
. 168.12 (6) of the statutes is created to read:
168.12 (6) (a) Any person who purchases in this state general aviation fuel, as defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month. A person who purchases general aviation fuel for resale is not eligible for the allowance.
(b) To receive an allowance, an eligible purchaser under par. (a) shall complete a claim upon a form that the department of revenue prescribes and furnishes and file the claim with the department of revenue not later than 12 months after the date of purchase of the general aviation fuel.
(c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 9% per year, from the moneys appropriated under s. 20.855 (4) (r).
(d) If a purchaser negligently files a claim under this subsection that is inaccurate in whole or in part, the department of revenue shall:
1. If the department of revenue has not paid the claim but has allowed a portion of the claim, reduce the allowance by 25%.
2. If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25% of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.
(e) If a purchaser files a fraudulent claim under this subsection, the department of revenue shall:
1. If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12% per year.
2. If the claim has not been paid and the department of revenue allows a portion of the claim, reduce the allowance by 50%.
3. If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.
(f) Any person who knowingly signs or verifies a fraudulent claim under par. (e) may be fined not more than $500 or imprisoned for not more than 30 days or both.
