AB100-ASA1,1561,2524
(b) The department shall promote the program under this section to persons
25who may be eligible for awards.
AB100-ASA1,1562,3
1(c) The department shall allocate 9.7% of the funds appropriated under s.
220.370 (6) (eq) in each fiscal year for awards for emergency remedial action activities
3and applications that exceed the amount anticipated.
AB100-ASA1,1562,54
(d) The department shall keep records and statistics on the program under this
5section and shall periodically evaluate the effectiveness of the program.
AB100-ASA1,1562,156
(e) No later than January 1, 2002, the department shall complete a review of
7the program under this section and shall submit a report on the results of the review
8to the joint committee on finance and to the appropriate standing committees of the
9legislature, as determined by the speaker of the house and the president of the
10senate, under s. 13.172 (3). The report shall include the department's
11recommendations for changes to the program. The review shall include
12consideration of whether the program should be expanded or ended, whether the
13program should be incorporated into a broader program of financial assistance for
14the remediation of environmental contamination and whether private insurance
15coverage should be required for any dry cleaning facilities.
AB100-ASA1,1562,19
16(4) Process; eligibility. (a)
General requirements. To be eligible for an award
17under this section, the owner or operator of a dry cleaning facility shall comply with
18pars. (b), (c), (e), (f) and (j) and the other requirements of this section applicable to
19the owner or operator.
AB100-ASA1,1562,2120
(b)
Report. An owner or operator shall report a dry cleaning solvent discharge
21to the department in a timely manner, as provided in s. 292.11.
AB100-ASA1,1562,2522
(c)
Notification of potential claim. 1. An owner or operator shall notify the
23department, before conducting a site investigation or any remedial action activity,
24of the potential for submitting an application for an award under this section, except
25as provided in subd. 2.
AB100-ASA1,1563,3
12. Subdivision 1. does not apply to an owner or operator who began a site
2investigation or remedial action activity before the effective date of this subdivision
3.... [revisor inserts date].
AB100-ASA1,1563,74
(d)
Information from department. When an owner or operator notifies the
5department under par. (c) 1., the department shall provide the owner or operator
6with information on the program under this section and the department's estimate
7of the eligibility of the owner or operator for an award under this section.
AB100-ASA1,1563,118
(e)
Investigation. After notifying the department under par. (c) 1., if applicable,
9and before conducting remedial action activities, an owner or operator shall complete
10an investigation to determine the extent of environmental impact of the dry cleaning
11solvent discharge, except as provided in pars. (g) and (h).
AB100-ASA1,1563,1612
(f)
Remedial action plan. After completing the investigation under par. (e) and
13before conducting remedial action activities, an owner or operator shall prepare a
14remedial action plan, based on the investigation under par. (e), that identifies
15specific remedial action activities proposed to be conducted, except as provided in
16pars. (g) and (h).
AB100-ASA1,1563,2017
(g)
Emergency. An owner or operator is not required to complete an
18investigation or prepare a remedial action plan before conducting remedial action
19activities if an emergency existed that made the investigation and remedial action
20plan requirements inappropriate.
AB100-ASA1,1563,2421
(h)
Interim remedial equipment. An owner or operator may install interim
22remedial equipment for which the owner or operator would be eligible for
23reimbursement under s. 292.66 before completing a site investigation or remedial
24action plan.
AB100-ASA1,1564,8
1(i)
Review of site investigation and remedial action plan. The department shall,
2at the request of an owner or operator, review the site investigation results and the
3remedial action plan and advise the owner or operator on the adequacy of the
4proposed remedial action activities in meeting the requirements of this section. The
5department shall complete the review of the site investigation and remedial action
6plan within 45 days. The department shall also provide an estimate of when funding
7will be available to pay an award for remedial action conducted in response to the dry
8cleaning solvent discharge.
AB100-ASA1,1564,119
(j)
Remedial action. The owner or operator shall conduct all remedial action
10activities that are required under this section in response to the dry cleaning solvent
11discharge, including all of the following:
AB100-ASA1,1564,1212
1. Recovering any recoverable dry cleaning solvent from the environment.
AB100-ASA1,1564,1413
2. Managing any residual solid or hazardous waste in a manner consistent with
14local, state and federal law.
AB100-ASA1,1564,1615
3. Restoring groundwater according to the standards promulgated by the
16department under ss. 160.07 and 160.09.
AB100-ASA1,1564,2017
(k)
Agents. An owner or operator may enter into a written agreement with
18another person under which that other person acts as an agent for the owner or
19operator in conducting the activities required under par. (j). The owner or operator
20and the agent shall jointly submit the application for an award under this section.
AB100-ASA1,1565,221
(L)
Awards for dry cleaning facilities on tribal trust lands. The owner or
22operator of a dry cleaning facility located on trust lands of an American Indian tribe
23may be eligible for an award under this section if the owner or operator otherwise
24satisfies the requirements of this subsection and complies with the rules
1promulgated under this section and any other rules promulgated by the department
2concerning dry cleaning facilities.
AB100-ASA1,1565,7
3(5) Enhanced pollution prevention measures. (a) 1. The owner or operator
4of a dry cleaning facility on which construction begins after the effective date of this
5subdivision .... [revisor inserts date], is not eligible for an award under this section
6unless the owner or operator has implemented the enhanced pollution prevention
7measures described in par. (b).
AB100-ASA1,1565,148
2. The owner or operator of a dry cleaning facility on which construction began
9on or before the effective date of this subdivision .... [revisor inserts date], is ineligible
10for an award under this section with respect to a discharge that occurs on or after the
1191st day after the day on which the department issues a case closure letter with
12respect to an earlier discharge of dry cleaning solvent from the dry cleaning facility,
13unless the owner or operator has implemented the enhanced pollution prevention
14measures described in par. (b).
AB100-ASA1,1565,1615
(b) An owner or operator who is required to implement enhanced pollution
16prevention measures shall demonstrate all of the following:
AB100-ASA1,1565,1917
1. That the owner or operator manages all wastes that are generated at the dry
18cleaning facility and that contain dry cleaning solvent as hazardous wastes in
19compliance with ch. 291 and
42 USC 6901 to
6991i.
AB100-ASA1,1565,2220
2. That the dry cleaning facility does not discharge dry cleaning solvent or
21wastewater from dry cleaning machines into any sanitary sewer or septic tank or into
22the waters of this state.
AB100-ASA1,1566,223
3. That each machine or other piece of equipment in which dry cleaning solvent
24is used, or the entire area in which those machines or pieces of equipment are located,
25is surrounded by a containment dike or other containment structure that is able to
1contain any leak, spill or other release of dry cleaning solvent from the machines or
2other pieces of equipment.
AB100-ASA1,1566,43
4. That the floor within any area surrounded by a dike or other containment
4structure under subd. 3. is sealed or is otherwise impervious to dry cleaning solvent.
AB100-ASA1,1566,65
5. That all dry cleaning solvent is delivered to the dry cleaning facility by means
6of a closed, direct-coupled delivery system.
AB100-ASA1,1566,11
7(6) Additional requirement for closed facilities. (a) To be eligible for an
8award under this section, the owner or operator of a dry cleaning facility that has
9ceased operating at the time that the owner or operator applies under sub. (8) (a)
10shall agree to pay all of the following each year for 30 years after the department
11issues the award:
AB100-ASA1,1566,1312
1. An amount equal to the average annual license fee paid under s. 77.9961 (1)
13for that year.
AB100-ASA1,1566,1514
2. An amount equal to the total amount collected under s. 77.9962 for that year
15divided by the number of dry cleaning facilities in operation during that year.
AB100-ASA1,1566,1816
(b) An owner or operator to whom par. (a) applies shall guarantee payment
17under par. (a) by executing a note and mortgage on the site of the dry cleaning facility
18and a payment bond acceptable to the department.
AB100-ASA1,1566,2019
(c) All funds paid under this subsection shall be deposited in the dry cleaner
20environmental response fund.
AB100-ASA1,1566,23
21(7) Eligible costs. (a)
General. Subject to pars. (c), (ce), (cm) and (d), eligible
22costs for an award under this section include reasonable and necessary costs paid for
23the following items only:
AB100-ASA1,1566,2424
1. Removal of dry cleaning solvents from surface waters, groundwater or soil.
AB100-ASA1,1567,2
12. Investigation and assessment of contamination caused by a dry cleaning
2solvent discharge from a dry cleaning facility.
AB100-ASA1,1567,33
3. Preparation of remedial action plans.
AB100-ASA1,1567,44
4. Removal of contaminated soils.
AB100-ASA1,1567,55
5. Soil and groundwater treatment and disposal.
AB100-ASA1,1567,66
6. Environmental monitoring.
AB100-ASA1,1567,77
7. Laboratory services.
AB100-ASA1,1567,98
8. Maintenance of equipment for dry cleaning solvent recovery performed as
9part of remedial action activities.
AB100-ASA1,1567,1010
9. Restoration or replacement of a private or public potable water supply.
AB100-ASA1,1567,1111
10. Restoration of environmental quality.
AB100-ASA1,1567,1212
11. Contractor costs for remedial action activities.
AB100-ASA1,1567,1313
12. Inspection and supervision.
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.