AB100-ASA1-AA8,337,2116
165.85
(2) (f) "Secure detention officer" means any person employed by any
17political subdivision of the state
or by any private entity contracting under s. 938.222 18to supervise, control or maintain a secure detention facility or the persons confined
19in a secure detention facility. "Secure detention officer" includes officers regardless
20of whether they have been sworn regarding their duties or whether they serve on a
21full-time basis.".
AB100-ASA1-AA8,338,2
1166.20
(2) (title)
Duties of the board division. (intro.) The
board division 2shall:".
AB100-ASA1-AA8,338,75
166.20
(4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2)
6of the release of a hazardous substance, provide all information contained in the
7notification to the
board division.
AB100-ASA1-AA8,338,169
166.20
(4) (b) Have the same powers and duties at the time of a release of a
10hazardous substance as are given to it under s. 292.11, including the investigation
11of releases of hazardous substances, the repair of any environmental damage which
12results from the release and the recovery of costs from responsible parties. The
13department of natural resources may also, at the time of a release of a hazardous
14substance, identify and recommend to the
board division and the committee
15measures to lessen or mitigate anticipated environmental damage resulting from the
16release.
AB100-ASA1-AA8,338,2018
166.20
(4m) Cooperation. A state agency or local governmental unit may
19assist the
board division or a committee in the performance of its duties and may
20enter into an agreement with the
board division or a committee.
AB100-ASA1-AA8,339,322
166.20
(5) (a) 2. All facilities in this state covered under
42 USC 11004 shall
23comply with the notification requirements of
42 USC 11004. Notification of the
24department of natural resources of the discharge of a hazardous substance under s.
1292.11 (2) shall constitute the notification of the
board division required under
42
2USC 11004 if the notification contains the information specified in
42 USC 11004 (b)
3(2) or (c).
AB100-ASA1-AA8,339,95
166.20
(5) (a) 5. The reporting procedures for trade secrets under
42 USC 11042 6shall apply to all facilities in this state subject to the requirements under subd. 1.,
73. or 4. For the purposes of applying this subdivision to public agencies and private
8agencies, the
board division shall have the powers and duties granted to the
9administrator of the U.S. environmental protection agency under
42 USC 11042.
AB100-ASA1-AA8,339,1311
166.20
(5m) Furnishing information. If the
board division or a committee
12requests, in writing, information relating to the federal act or to this section, a facility
13shall furnish the information in the manner requested.".
AB100-ASA1-AA8,339,16
15"
Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997
16Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA8,339,1917
166.20
(7) (a) (intro.) The division shall establish, by rule, the following fees at
18levels designed to fund the division's administrative expenses and the grants under
19s. 166.21:
AB100-ASA1-AA8,340,221
166.20
(7) (b) The operator of a facility subject to the requirements of sub. (5)
22(a) 1. or 3. shall pay the fees under par. (a). The
board division may establish, by rule,
23a surcharge to be paid by the operator of a facility if the operator fails to pay the fees
1under par. (a) in a timely manner. The surcharge under this paragraph shall not
2exceed 20% of the original fee.
AB100-ASA1-AA8,340,74
166.20
(7g) (a) The
board division shall establish, by rule, fees to be paid
5annually to the department of transportation by persons that are required to file
6hazardous materials transportation registration statements with the federal
7department of transportation under 49 USC Appendix 1805 (c).
AB100-ASA1-AA8,340,109
166.20
(7g) (e) The
board division may, by rule, establish exemptions from the
10fees under par. (a).
AB100-ASA1-AA8,340,1812
166.20
(7m) (a) An authorized inspector of the
board division or the committee
13for the county in which a facility is located may enter and inspect any facility or any
14pertinent record relating to the facility at any reasonable time for the purpose of
15determining whether the facility is complying with this section and rules
16promulgated under this section. The
board division or committee, if requested, shall
17furnish to the operator of the facility a report setting forth all facts found which relate
18to compliance with this section and rules promulgated under this section.
AB100-ASA1-AA8,340,2320
166.20
(7m) (b) The
board division shall promulgate rules to specify how the
21board division or a committee may authorize inspectors for the purposes of par. (a).
22The rules shall include requirements for experience or training of individuals
23authorized to conduct inspections.
AB100-ASA1-AA8,341,7
1166.20
(8) (a) The department of justice, at its own discretion or at the request
2of the
board division or the committee or district attorney for the county in which the
3violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
4promulgated under subs. (2) to (7). In any action commenced under this paragraph,
5the department of justice may request the assistance of the district attorney for the
6county in which the violation is alleged to have occurred and the district attorney
7shall provide the requested assistance.
AB100-ASA1-AA8,341,119
166.20
(9) (a) 1. c. The
board division for failure to render a decision in response
10to a petition under
42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months
11after receipt of the petition.
AB100-ASA1-AA8,341,1513
166.20
(9) (a) 1. d. The
board division for failure to provide a mechanism for
14public availability of information in accordance with
42 USC 11044 (a), as applied
15under sub. (2) (a).
AB100-ASA1-AA8,341,1817
166.20
(9) (a) 1. e. The
board division for failure to respond to a request for
18information under
42 USC 11022 (e) (3), as applied under sub. (2) (a).
AB100-ASA1-AA8,341,2120
166.20
(9) (a) 2. (intro.) The
board
division or any county, city, village or town
21may commence a civil action against any person for failure to do any of the following:
AB100-ASA1-AA8,341,2423
166.20
(9) (a) 2. a. Provide notification to the
board division under
42 USC
2411002 (c), as applied under sub. (5) (a) 1.
AB100-ASA1-AA8,342,4
1166.20
(9) (a) 3. The
board
division or any committee may commence an action
2against any person for failure to provide the information required under
42 USC
311003 (d), as applied under sub. (5) (a) 1. or any information required under
42 USC
411022 (e) (1), as applied under sub. (5) (a) 3.
AB100-ASA1-AA8,342,86
166.20
(9) (b) 1. (intro.) No action may be commenced against any person other
7than the
board division under this subsection under any of the following
8circumstances:
AB100-ASA1-AA8,342,1110
166.20
(9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave
11notice of the alleged violation to the
board division and to the alleged violator.
AB100-ASA1-AA8,342,1513
166.20
(9) (b) 2. No action may be commenced against the
board division under
14this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of
15the action to the
board division.
AB100-ASA1-AA8,342,2217
166.20
(11) (dg) Except as provided in this paragraph, any person who
18negligently makes a false statement or representation in any document provided by
19the operator of a facility or required to be maintained by the operator of a facility
20under the federal act, this section or rules promulgated under this section shall
21forfeit not less than $100 nor more than $25,000. This penalty does not apply to the
22board division, a committee or a member of the
board division or a committee.
AB100-ASA1-AA8,343,3
1166.21
(1) (b) Any committee may apply annually to the
board division for an
2emergency planning grant. Applications shall be made in the manner specified by
3the
board division.".
AB100-ASA1-AA8,343,76
166.21
(2) (e) The portion of a previous year's costs that was approved by the
7board division but not paid because of insufficient funds.".
AB100-ASA1-AA8,343,10
9"
Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997
10Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA8,343,1411
166.21
(2m) Strategic plan. (intro.) A committee is eligible for grant funds
12under sub. (2) (br) for emergency response equipment only if it submits to the division
13a strategic plan for emergency response to hazardous substance releases that
14includes all of the following:
AB100-ASA1-AA8,343,1716
166.21
(3) (a) 1. The costs of each new facility plan completed by the committee
17and approved by the
board division in the period covered by the grant.
AB100-ASA1-AA8,343,2019
166.21
(3) (a) 3. The portion of a previous year's costs that was approved by the
20board division but not paid because of insufficient funds.
AB100-ASA1-AA8,344,222
166.21
(3) (b) The
board division shall reduce the grant amount calculated
23under par. (a) by the amount of any other gifts or grants received by the committee
1in the period covered by the grant for costs incurred by the committee related to sub.
2(2).
AB100-ASA1-AA8,344,84
166.21
(3) (c) Notwithstanding sub. (2), the
board division shall deny that
5portion of a grant calculated under par. (a) 2. if the
board division determines that
6the committee has failed to meet grant obligations, including the development,
7review, exercise or implementation of local emergency response plans as required
8under s. 166.20 or the federal act.
AB100-ASA1-AA8,344,1110
166.21
(3) (e) Annually, the
board
division shall establish a formula to
11determine the amount of emergency planning grant funds available to each county.
AB100-ASA1-AA8,344,1813
166.21
(4) Payment of grants. Annually, the
board division shall review all
14applications received under this section and make grants to committees from the
15appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to
16pay all approved grants, the
board division shall prorate the available funds among
17the eligible applicants in proportion to the approved grant amounts. A prorated
18payment shall be deemed full payment of the grant.
AB100-ASA1-AA8,344,2420
166.21
(5) Payment in advance. (a) The
board division may pay a portion of a
21grant before the end of the period covered by the grant if a committee requests the
22advance payment and if the
board division determines that the necessary funds are
23available and that the advance payment will not result in insufficient funds to pay
24other grants.
AB100-ASA1-AA8,345,6
1(b) The
board division may pay an amount up to 50% of anticipated eligible
2costs covered by a grant up to 12 months before the end of the period covered by the
3grant. The
board division may pay an additional amount up to 25% of anticipated
4eligible costs up to 6 months before the end of the period covered by the grant. The
5board division shall determine anticipated eligible costs from a budget submitted by
6the committee at the time that the committee requests payment in advance.
AB100-ASA1-AA8,345,107
(c) If a committee receives advance payments under this subsection which
8exceed the total grant amount calculated under sub. (3), the
board division shall
9subtract the amount of the overpayment from the amount of a grant paid to that
10committee in the next year that the committee receives a grant.".
AB100-ASA1-AA8,345,13
12"
Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin
13Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA8,345,2414
166.215
(1) The division shall contract with no fewer than 7 and no more than
159 regional emergency response teams, each of which will assist in the emergency
16response to level A releases in a region of this state designated by the division. The
17division shall contract with at least one regional emergency response team in each
18area designated under s. 166.03 (2) (b) 1. The division may only contract with a local
19agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional
20emergency response team shall meet the standards for a hazardous materials
21specialist in
29 CFR 1910.120 (q) (6) (iv) and national fire protection association
22standards NFPA 471 and 472. Payments to regional emergency response teams
23under this subsection shall be made from the appropriation account under s. 20.465
24(3) (dd).".
AB100-ASA1-AA8,346,3
2"
Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act
3.... (this act), is repealed and recreated to read:
AB100-ASA1-AA8,346,134
166.215
(2) The division shall reimburse a regional emergency response team
5for costs incurred by the team in responding to a level A release under sub. (1).
6Reimbursement under this subsection is limited to amounts collected under sub. (3)
7and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available
8under s. 20.465 (3) (dr) only if the regional emergency response team has made a good
9faith effort to identify the person responsible under sub. (3) and that person cannot
10be identified, or, if that person is identified, the team has received reimbursement
11from that person to the extent that the person is financially able or has determined
12that the person does not have adequate money or other resources to reimburse the
13regional emergency response team.
AB100-ASA1-AA8,346,1815
166.215
(3) A person who possessed or controlled a hazardous substance that
16was released or who caused the release of a hazardous substance shall reimburse the
17board division for costs incurred by a regional emergency response team in
18responding to the release under sub. (1).".
AB100-ASA1-AA8,346,21
20"
Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act
21.... (this act), is repealed and recreated to read:
AB100-ASA1-AA8,347,722
166.22
(3m) The division shall reimburse a local emergency response team for
23costs incurred by the team in responding to a hazardous substance discharge under
24sub. (3). Reimbursement under this subsection is limited to the amount
1appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465
2(3) (dr) only if the local emergency response team has made a good faith effort to
3identify the person responsible under sub. (4) and that person cannot be identified,
4or, if that person is identified, the team has received reimbursement from that person
5to the extent that the person is financially able or has determined that the person
6does not have adequate money or other resources to reimburse the local emergency
7response team.".