AB100-ASA1,1567,1614
13. Those costs of purchase and installation of interim remedial equipment
15that qualify for reimbursement under s. 292.66 for which reimbursement was not
16received under s. 292.66.
AB100-ASA1,1567,1917
14. Other costs identified by the department as reasonable and necessary for
18proper investigation, remedial action planning and remedial action activities to meet
19the requirements of s. 292.11.
AB100-ASA1,1567,2120
15. Compensation to 3rd parties for bodily injury and property damage caused
21by a dry cleaning solvent discharge from a dry cleaning facility.
AB100-ASA1,1567,2322
16. Financing for eligible activities under this paragraph as provided in par.
23(b).
AB100-ASA1,1568,3
1(b)
Financing costs. 1. Except as provided in subd. 2., eligible costs for an award
2under this section include the following costs of financing activities eligible for
3reimbursement under par. (a):
AB100-ASA1,1568,44
a. Loan origination fees of up to 1% of the loan principal.
AB100-ASA1,1568,65
b. Interest on a loan at no more than the prime rate as determined under rules
6promulgated by the department.
AB100-ASA1,1568,97
2. Costs of financing activities that are undertaken after the effective date of
8this subdivision .... [revisor inserts date], and that are undertaken without the
9department's advance written approval are not eligible costs.
AB100-ASA1,1568,1110
(c)
Exclusions from eligible costs. Eligible costs for an award under this section
11do not include the following:
AB100-ASA1,1568,1212
1. Costs incurred before January 1, 1991.
AB100-ASA1,1568,1313
2. Costs of retrofitting or replacing dry cleaning equipment.
AB100-ASA1,1568,1614
3. Other costs that the department determines to be associated with, but not
15integral to, the investigation and remediation of a dry cleaning solvent discharge
16from a dry cleaning facility.
AB100-ASA1,1568,2017
4. Costs, other than costs for compensating 3rd parties for bodily injury and
18property damage, that the department determines to be unreasonable or
19unnecessary to carry out the remedial action activities as specified in the remedial
20action plan.
AB100-ASA1,1568,2221
5. Costs for investigations or remedial action activities conducted outside this
22state.
AB100-ASA1,1568,2523
(ce)
Usual and customary costs. The department may establish a schedule of
24usual and customary costs for any items under par. (a) and may use that schedule
25to determine the amount of an applicant's eligible costs.
AB100-ASA1,1569,10
1(cm)
Eligible cost; service providers. The department may promulgate rules
2under which the department selects service providers to provide investigation or
3remedial action services in specified areas. The rules may provide that the costs of
4a service for which the department has selected a service provider in an area are not
5eligible costs under par. (a), or that eligible costs are limited to the amount that the
6selected service provider would have charged, if an owner or operator of a dry
7cleaning facility located in that area uses a service provider other than the service
8provider selected by the department to perform the services. If the department
9selects service providers under this paragraph, it shall regularly update the list of
10service providers that it selects.
AB100-ASA1,1569,1411
(d)
Discharges from multiple activities. If hazardous substances are discharged
12at a dry cleaning facility as a result of dry cleaning operations and as a result of other
13activities, eligible costs under this section are limited to activities necessitated by the
14discharge of dry cleaning solvent.
AB100-ASA1,1569,25
15(8) Awards. (a)
Application. An owner or operator shall submit an application
16on a form provided by the department. An owner or operator may not submit an
17application before September 1, 1998. An owner or operator may not submit an
18application after August 30, 2003, if the application relates to a dry cleaning facility
19that ceased to operate before September 1, 1998. An owner or operator may not
20submit an application after August 20, 2008, if the application relates to any other
21dry cleaning facility. The department shall authorize owners and operators to apply
22for awards at stages in the process under sub. (4) that the department specifies by
23rule. An application shall include all of the following documentation of activities,
24plans and expenditures associated with the eligible costs incurred because of a dry
25cleaning solvent discharge from a dry cleaning facility:
AB100-ASA1,1570,1
11. A record of investigation results and data interpretation.
AB100-ASA1,1570,22
2. A remedial action plan.
AB100-ASA1,1570,43
3. Contracts for eligible costs incurred because of the discharge and records of
4the contract negotiations.
AB100-ASA1,1570,65
4. Accounts, invoices, sales receipts or other records documenting actual
6eligible costs incurred because of the discharge.
AB100-ASA1,1570,87
5. Other records and statements that the department determines to be
8necessary to complete the application.
AB100-ASA1,1570,109
(b)
Acknowledgement. The department shall acknowledge, in writing, the
10receipt of an application under par. (a).
AB100-ASA1,1570,1711
(c)
Approval. Subject to par. (d), if the department finds that an applicant
12meets the requirements of this section and rules promulgated under this section, the
13department shall make an award as provided in this subsection to reimburse the
14applicant for eligible costs paid. The department may not make an award for an
15investigation before it approves the investigation. The department may not make
16an award for remedial action activities before it approves the remedial action
17activities.
AB100-ASA1,1570,1918
(d)
Denial of applications. The department shall deny an application under
19this section if any of the following applies:
AB100-ASA1,1570,2020
1. The application is not within the scope of this section.
AB100-ASA1,1570,2121
2. The applicant submits a fraudulent application.
AB100-ASA1,1570,2322
3. The applicant has been grossly negligent in the maintenance of the dry
23cleaning facility.
AB100-ASA1,1570,2424
4. The applicant intentionally damaged the dry cleaning equipment.
AB100-ASA1,1570,2525
5. The applicant falsified records.
AB100-ASA1,1571,2
16. The applicant willfully failed to comply with laws or rules of this state
2concerning the use or disposal of dry cleaning solvents.
AB100-ASA1,1571,43
7. The applicant has not paid all of the fees under ss. 77.9961, 77.9962 and
477.9963.
AB100-ASA1,1571,75
8. The dry cleaning solvent discharge was caused by a person who provided
6services or products to the owner or operator or to a prior owner or operator of the
7dry cleaning facility.
AB100-ASA1,1571,118
(e)
Deductible. 1. The department may reimburse the owner or operator of a
9dry cleaning facility that is operating at the time that the owner or operator applies
10under par. (a) only for eligible costs incurred at each dry cleaning facility that exceed
11the following deductible:
AB100-ASA1,1571,1212
a. If eligible costs are $200,000 or less, $10,000.
AB100-ASA1,1571,1413
b. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8%
14of the amount by which eligible costs exceed $200,000.
AB100-ASA1,1571,1615
c. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which
16eligible costs exceed $400,000, but the maximum deductible is $46,000.
AB100-ASA1,1571,1917
3. The department may reimburse the owner or operator of a dry cleaning
18facility that has ceased operation before the owner or operator applies under par. (a)
19only for eligible costs that exceed the sum of the following:
AB100-ASA1,1571,2020
a. Ten thousand dollars.
AB100-ASA1,1571,2321
b. For each year in which the owner or operator has not paid the annual license
22fee under s. 77.9961 (1) for the dry cleaning facility, an amount equal to the average
23annual license fee paid under s. 77.9961 (1) for that year.
AB100-ASA1,1572,224
c. For each year in which the dry cleaning solvents fee under s. 77.9962 was
25imposed and the dry cleaning facility was not in operation, an amount equal to the
1total amount collected under s. 77.9962 for that year divided by the number of dry
2cleaning facilities in operation during that year.
AB100-ASA1,1572,63
d. If the owner or operator did not pay the inventory fee under s. 77.9963 with
4respect to the dry cleaning facility, an amount equal to the total amount collected
5under s. 77.9963 divided by the number of dry cleaning facilities paying the
6inventory fee.
AB100-ASA1,1572,97
(f)
Maximum awards. 1. The department may not issue financial assistance
8under this section that exceeds $600,000 for reimbursement for costs incurred at a
9single dry cleaning facility.
AB100-ASA1,1572,1110
2. The department may not issue financial assistance under this section to an
11owner or operator in one program year that totals more than the following:
AB100-ASA1,1572,1212
a. For an owner or operator of 10 or fewer dry cleaning facilities, $250,000.
AB100-ASA1,1572,1313
b. For an owner or operator of more than 10 dry cleaning facilities, $500,000.
AB100-ASA1,1572,2214
(g)
Waiver of deductible. Notwithstanding par. (e), the department may waive
15the requirement that an owner or operator pay the deductible amount if the
16department determines that the owner or operator is unable to pay. If the
17department waives the requirement that an owner or operator pay the deductible,
18the department shall record a statement of lien with the register of deeds of the
19county in which the dry cleaning facility is located. If the department records the
20statement of lien, the department has a lien on the property on which the dry
21cleaning facility is located in the amount of the deductible that was waived. The
22property remains subject to the lien until that amount is paid in full.
AB100-ASA1,1572,2523
(h)
Contributory negligence. The department may not diminish or deny an
24award under this section as a result of negligence attributable to the applicant or any
25person who is entitled to submit an application, except as provided in par. (d) 3.
AB100-ASA1,1573,8
1(i)
Assignment of awards. The filing by an applicant with the department of
2an assignment of an award under this section to a person who loans money to the
3applicant for the purpose of conducting activities required under sub. (4) creates and
4perfects a lien in favor of the assignee in the proceeds of the award. The lien secures
5all principal, interest, fees, costs and expenses of the assignee related to the loan.
6The lien under this paragraph has priority over any previously existing or
7subsequently created lien, assignment, security interest or other interest in the
8proceeds of the award.
AB100-ASA1,1573,149
(j)
Reduction of awards. 1. If an owner or operator prepares and submits an
10application that includes ineligible costs that are identified under subd. 3., the
11department shall calculate the award by determining the amount that the award
12would otherwise be under pars. (e) and (f) based only on the eligible costs and then
13by reducing that amount by 50% of the ineligible costs under subd. 2. that are
14included in the application.
AB100-ASA1,1573,2115
2. If a consultant prepares an application that is submitted by an owner or
16operator and that includes ineligible costs that are identified under subd. 3., the
17consultant shall pay to the department an amount equal to 50% of the ineligible costs
18identified under subd. 3. that are included in the application. A consultant may not
19charge the owner or operator for any amount that the consultant is required to pay
20under this subdivision. Payments made under this subdivision shall be deposited
21in the dry cleaner environmental response fund.
AB100-ASA1,1573,2322
3. The department shall promulgate a rule identifying the ineligible costs to
23which subds. 1. and 2. apply.
AB100-ASA1,1574,3
24(9) Recovery of awards. (a)
Right of action. A right of action under this section
25shall accrue to the state against an owner or operator only if the owner or operator
1submits a fraudulent application or does not meet the requirements under this
2section and if an award is issued under this section to the owner or operator for
3eligible costs under this section.
AB100-ASA1,1574,74
(b)
Action to recover awards. The attorney general shall take appropriate
5actions to recover awards to which the state is entitled under par. (a). The
6department shall request that the attorney general take action if the department
7discovers a fraudulent application after an award is issued.
AB100-ASA1,1574,98
(c)
Disposition of funds. The net proceeds of the recovery under par. (b) shall
9be paid into the dry cleaner environmental response fund.
AB100-ASA1,1574,15
10(10) Liability. (a) No common law liability, and no statutory liability that is
11provided in a statute other than this section, for damages resulting from a dry
12cleaning facility is affected by this section. Except as provided in par. (b), the
13authority, power and remedies provided in this section are in addition to any
14authority, power or remedy provided in any statute other than this section or
15provided at common law.
AB100-ASA1,1574,1816
(b) An award under this section is the exclusive method for the recovery of the
17amount of eligible costs equal to the amount of the award that may be issued under
18this section.
AB100-ASA1,1574,2319
(c) If a person conducts a remedial action activity for a discharge at a dry
20cleaning facility site, whether or not the person files an application under this
21section, the remedial action activity conducted and any application filed under this
22section are not evidence of liability or an admission of liability for any potential or
23actual environmental pollution.
AB100-ASA1,1575,7
24(11) Intervention in 3rd-party actions. An owner or operator of a dry cleaning
25facility shall notify the department of any action by a 3rd party against the owner
1or operator for compensation for bodily injury or property damage caused by a dry
2cleaning solvent discharge from the dry cleaning facility if the owner or operator may
3be eligible for an award under this section. The department may intervene in any
4action by a 3rd party against an owner or operator for compensation for bodily injury
5or property damage caused by a dry cleaning solvent discharge from a dry cleaning
6facility if the owner or operator may be eligible for an award under this section for
7compensation awarded in the action.
AB100-ASA1,1575,10
8(12) Records. (a) The department shall promulgate rules prescribing
9requirements for the records to be maintained by an owner, operator or service
10provider and the periods for which they must retain those records.
AB100-ASA1,1575,1311
(b) The department may inspect any document in the possession of an owner,
12operator or service provider or any other person if the document is relevant to an
13application for reimbursement under this section.
AB100-ASA1,1575,17
14(13) Council. The dry cleaner environmental response council shall advise the
15department concerning the programs under this section and s. 292.66. The dry
16cleaner environmental response council shall evaluate the program under this
17section at least every 5 years, using criteria developed by the council.
AB100-ASA1,1575,18
18(14) Sunset. This section does not apply after June 30, 2032.
AB100-ASA1,1576,2
20292.66 Assistance for purchase and installation of interim remedial
21equipment at dry cleaning facilities. (1) The department shall allocate 46% of
22the funds appropriated under s. 20.370 (6) (eq) in each fiscal year for awards to
23reimburse owners and operators for costs of preliminary site screening and the
24purchase and installation of equipment to begin the cleanup of discharges of dry
25cleaning solvent from dry cleaning facilities before the completion of full site
1investigations and remedial action plans. The department may not make an award
2under this section before September 1, 1998, or after June 30, 2002.
AB100-ASA1,1576,4
3(2) The owner or operator of a dry cleaning facility is eligible for an award under
4this section if all of the following apply:
AB100-ASA1,1576,65
(a) The owner or operator reports the dry cleaning solvent discharge to the
6department in a timely manner, as provided in s. 292.11.
AB100-ASA1,1576,107
(b) The owner or operator conducts a preliminary site screening, including an
8onsite mobile laboratory analysis of any soil and groundwater affected by the
9discharge to determine the location for installation of the interim remedial
10equipment.
AB100-ASA1,1576,1111
(c) An emergency does not exist at the affected dry cleaning facility.
AB100-ASA1,1576,1312
(d) The owner or operator installs equipment that is approved by the
13department to begin the cleanup of the discharge of dry cleaning solvent.
AB100-ASA1,1576,1514
(e) The dry cleaning facility is operating at the time that the owner or operator
15applies for assistance under this section.
AB100-ASA1,1576,1816
(f) The owner or operator submits an application for reimbursement in a form
17and manner specified by the department and complies with any inspection
18requirements established by the department.
AB100-ASA1,1576,20
19(3) An award under this section may not exceed $15,000, of which not more
20than $2,500 may be for the cost of conducting the preliminary site screening.
AB100-ASA1,1576,23
21(4) The department may promulgate rules for determining the usual and
22customary costs for items for which it may make awards under this section and may
23use the rules to determine the amount of an applicant's eligible costs.
AB100-ASA1,1577,4
24(5) (a) Notwithstanding s. 292.11 (3) and (7), if an owner or operator applies and
25is eligible under sub. (2) for an award under this section and also applies for an award
1under s. 292.65, the owner or operator and any person who caused the discharge of
2dry cleaning solvent is not required to conduct a site investigation or proceed with
3other remedial action until the department informs the owner or operator that
4funding is available for an award to the owner or operator under s. 292.65.
AB100-ASA1,1577,65
(b) Paragraph (a) does not apply if the department determines that an
6emergency exists because of the discharge of dry cleaning solvent.
AB100-ASA1,1577,118
292.81
(2) (a) (intro.) Before incurring expenses under s. 292.11
, or 292.31 (1),
9(3) or (7)
or 292.41 (4) with respect to a property, the department shall provide to the
10current owner of the property and to any mortgagees of record a notice containing
11all of the following:
AB100-ASA1,1577,1413
292.81
(2) (a) 1. A brief description of the property for which the department
14expects to incur expenses under s. 292.11
, or 292.31 (1), (3) or (7)
or 292.41 (4).
AB100-ASA1,1577,1816
292.81
(2) (a) 2. A brief description of the types of activities that the department
17expects may be conducted at the property under s. 292.11
, or 292.31 (1), (3) or (7)
or
18292.41 (4).
AB100-ASA1,1577,2220
292.81
(2) (d) No notice under this subsection is necessary in circumstances in
21which entry onto the property without prior notice is authorized under s. 292.11 (8)
22or under s. 292.41 (5).
AB100-ASA1,1578,524
292.81
(3) Any expenditures made by the department under s. 292.11 or 292.31
25(1), (3) or (7)
or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien
1upon the property for which expenses are incurred if the department files the lien
2with the register of deeds in the county in which the property is located. A lien under
3this section shall be superior to all other liens that are or have been filed against the
4property, except that if the property is residential property, as defined in s. 895.52
5(1) (i), the lien may not affect any valid prior lien on that residential property.
AB100-ASA1,1578,8
7292.85 Certified remediation professionals. (1) Definitions. In this
8section: