AB100-ASA1-AA8,373,3
1b. Who is under a previous contract with a state agency other than the
2department of transportation to remove a hazardous substance from the property,
3or to treat a hazardous substance on the property.
AB100-ASA1-AA8,373,54
c. Whose act or omission constitutes gross negligence or involves reckless,
5wanton or intentional misconduct.".
AB100-ASA1-AA8,373,19
16"
(1m) Exemption from liability for soil contamination. A person is exempt
17from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous
18substance in the soil on property possessed or controlled by the person if all of the
19following apply:
AB100-ASA1-AA8,373,2120
(a) The discharge of the hazardous substance originated from a source on
21property that is not possessed or controlled by the person.
AB100-ASA1-AA8,373,2322
(b) The person did not possess or control the hazardous substance on the
23property on which the discharge originated or cause the original discharge.
AB100-ASA1-AA8,374,3
1(c) The person conducts an investigation or submits other information, that the
2department determines is adequate, to substantiate that pars. (a) and (b) are
3satisfied.
AB100-ASA1-AA8,374,74
(d) The person agrees to allow the department, any authorized representatives
5of the department, any party that possessed or controlled the hazardous substance
6or caused the discharge of the hazardous substance and any consultant or contractor
7of such a party to enter the property to take action to respond to the discharge.
AB100-ASA1-AA8,374,138
(e) The person agrees to take one or more of the following actions at the
9direction of the department if, after the department has made a reasonable attempt
10to notify the party who caused the discharge of the hazardous substance about the
11party's responsibilities under s. 292.11, the department determines that the action
12or actions are necessary to prevent an imminent threat to human health, safety or
13welfare or to the environment:
AB100-ASA1-AA8,374,1414
1. Limit public access to the property.
AB100-ASA1-AA8,374,1615
2. Identify, monitor and mitigate fire, explosion and vapor hazards on the
16property.
AB100-ASA1-AA8,374,1717
3. Visually inspect the property and install appropriate containment barriers.
AB100-ASA1-AA8,374,1918
(f) The person agrees to avoid any interference with action undertaken to
19respond to the discharge and to avoid actions that worsen the discharge.
AB100-ASA1-AA8,374,2220
(g) The person agrees to any other condition that the department determines
21is reasonable and necessary to ensure that the department or other person described
22in par. (d) can adequately respond to the discharge.".
AB100-ASA1-AA8,376,3
1292.15
(3m) Tenants and lessees. The exemption provided in sub. (2) applies
2to any tenant or lessee of property on which a hazardous substance is discharged if
3the property is owned by a voluntary party.".
AB100-ASA1-AA8,376,136
292.15
(5m) Prospective purchaser assurance letters. The secretary, in
7accordance with rules promulgated by the department, may issue to a prospective
8purchaser of property a letter certifying that the prospective purchaser is entitled to
9the exemptions described under sub. (2). The secretary may condition the
10entitlement to the exemptions upon the prospective purchaser's taking action as
11provided in this section and in a manner considered satisfactory to the department.
12Notwithstanding sub. (1) (f), a person to whom the secretary issues a letter under this
13subsection shall be considered to be a voluntary party under this section.".
AB100-ASA1-AA8,377,3
21"(gm) "Immediate action" means a remedial action that is taken within a short
22time after a discharge of dry cleaning solvent occurs, or after the discovery of a
23discharge of dry cleaning solvent, to halt the discharge, contain or remove discharged
24dry cleaning solvent or remove contaminated soil or water in order to restore the
1environment to the extent practicable and to minimize the harmful effects of the
2discharge to air, lands and waters of the state and to eliminate any imminent threat
3to public health, safety or welfare.".
AB100-ASA1-AA8,377,19
13"(cm) 1. If the department determines that immediate action is necessary in
14response to a discharge of dry cleaning solvent, the owner or operator of the dry
15cleaning facility conducts the immediate action and is eligible for an award under
16this section and the amounts appropriated under s. 20.370 (6) (eq) are not sufficient
17to pay the award, the department shall pay the award using funds under s. 20.370
18(2) (dv). Awards under this subdivision have priority over other payments under s.
1920.370 (2) (dv) except for payments under s. 292.31 (4) and (5).
AB100-ASA1-AA8,377,2220
2. Whenever the department of natural resources pays an award under subd.
211., it shall provide a notice to the department of revenue stating the amount of the
22award.".
AB100-ASA1-AA8,378,3
11207. Page 1562, line 18: delete the material beginning with "conducting"
2and ending with "inappropriate" on line 20 and substitute "conducting an immediate
3action activity if the department determines that an immediate action is necessary".
AB100-ASA1-AA8,378,1912
293.13
(1) (b) Establish by rule
after consulting with the metallic mining
13council minimum qualifications for applicants for prospecting and mining permits.
14Such minimum qualifications shall ensure that each operator in the state is
15competent to conduct mining and reclamation and each prospector in the state is
16competent to conduct prospecting in a fashion consistent with the purposes of this
17chapter. The department shall also consider such other relevant factors bearing
18upon minimum qualifications, including but not limited to, any past forfeitures of
19bonds posted pursuant to mining activities in any state.
AB100-ASA1-AA8,379,221
293.13
(2) (a) The department by rule
after consulting with the metallic mining
22council shall adopt minimum standards for exploration, prospecting, mining and
23reclamation to ensure that such activities in this state will be conducted in a manner
24consistent with the purposes and intent of this chapter. The minimum standards
1may classify exploration, prospecting and mining activities according to type of
2minerals involved and stage of progression in the operation.".
AB100-ASA1-AA8,379,118
299.13
(1m) Promotion of hazardous pollution prevention. (intro.) In
9carrying out the duties under
this section and ss. 36.25 (30) and 560.19
and this
10section, the department, the department of commerce
, the council and the program
11shall promote all of the following techniques for hazardous pollution prevention:
AB100-ASA1-AA8,379,1713
299.13
(2) (b) Identify all department requirements for reporting on hazardous
14pollution prevention and, to the extent possible and practical, standardize,
15coordinate and consolidate the reporting in order to minimize duplication and
16provide useful information on hazardous pollution prevention to the
council, the 17legislature and the public.
AB100-ASA1-AA8,380,5
21299.05 Permit guarantee program. (1) The department shall promulgate
22rules under which the department refunds fees paid by an applicant for a license,
23permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27,
24chs. 280 to 283 and 287 to 292 or subch. II of ch. 295 and that is of a type specified
1in the rule if the department fails to make a determination on the application within
2the time limit specified in the rule for that type of license, permit or other approval.
3The rules under this subsection do not apply to an applicant for a license, permit or
4other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined
5in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).
AB100-ASA1-AA8,380,7
6(2) The department shall specify at least the following types of licenses,
7permits and other approvals in the rules under sub. (1):
AB100-ASA1-AA8,380,88
(a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.
AB100-ASA1-AA8,380,99
(b) Approvals under s. 281.17 (1).
AB100-ASA1-AA8,380,1010
(c) Permits under subch. IV of ch. 283.
AB100-ASA1-AA8,380,1111
(e) Licenses under subch. III of ch. 289.
AB100-ASA1-AA8,380,1212
(f) Licenses issued under subch. IV of ch. 291.".
AB100-ASA1-AA8,380,18
16"(a) For community youth and family aids under this section, amounts not to
17exceed
$37,243,500 $41,649,700 for the last 6 months of
1996 and $37,347,600 1997,
18$82,741,700 for 1998 and $41,091,900 for the first 6 months of
1997 1999.".
AB100-ASA1-AA8,381,621
301.37
(5) The department's standards and regulations under sub. (1) for
22secure detention facilities apply to private secure detention facilities used under s.
23938.222. At least annually, the department shall inspect each such private secure
24detention facility with respect to safety, sanitation, adequacy and fitness, report to
1the county board and the private entity operating the private secure detention
2facility regarding any deficiency found and order the necessary work to correct it.
3If within 6 months thereafter the work is not commenced, or not completed within
4a reasonable period thereafter to the satisfaction of the department, the department
5shall prohibit the use of the private secure detention facility for purposes of s.
6938.222 until the order is complied with.".