SB77-SSA1,1534,75
292.11
(9) (e) 1. "Local governmental unit" means a municipality, a
6redevelopment authority created under s. 66.431, a public body designated by a
7municipality under s. 66.435 (4) or a housing authority.
SB77-SSA1, s. 3655
8Section
3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
SB77-SSA1,1534,129
292.11
(9) (e) 1m. (intro.) A
municipality local governmental unit is exempt
10from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the
11municipality before, on or after May 13, 1994, in
local government unit if any of the
12following
ways applies:
SB77-SSA1,1534,1614
292.11
(9) (e) 1m. a.
Through The local governmental unit acquired the
15property through tax delinquency proceedings or as the result of an order by a
16bankruptcy court.
SB77-SSA1, s. 3656
17Section
3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
SB77-SSA1,1534,2018
292.11
(9) (e) 1m. b.
From a municipality The local governmental unit acquired
19the property from a local governmental unit that acquired the property under a
20method described in subd. 1m. a.
SB77-SSA1, s. 3656e
21Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:
SB77-SSA1,1534,2322
292.11
(9) (e) 1m. c. The local governmental unit acquired the property through
23condemnation or other proceeding under ch. 32.
SB77-SSA1,1534,2524
d. The local governmental unit acquired the property for the purpose of slum
25clearance or blight elimination.
SB77-SSA1,1535,92
292.11
(9) (e) 1s. An economic development corporation described in section
501 3(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
4taxation under section
501 (a) of the Internal Revenue Code, or an entity wholly
5owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
6and (c) with respect to property acquired before, on or after the effective date of this
7subdivision .... [revisor inserts date], if the property is acquired to further the
8economic development purposes that qualify the corporation as exempt from federal
9taxation.
SB77-SSA1,1535,1211
292.11
(9) (e) 2.
Subdivision 1. does
Subdivisions 1m. and 1s. do not apply to
12a discharge of a hazardous substance caused by any of the following:
SB77-SSA1,1535,1313
a. An action taken by the
municipality local governmental unit or corporation.
SB77-SSA1,1535,1614
b. A failure of the
municipality local governmental unit or corporation to take
15appropriate action to restrict access to the property in order to minimize costs or
16damages that may result from unauthorized persons entering the property.
SB77-SSA1,1535,1917
c. A failure of the
municipality local governmental unit or corporation to sample
18and analyze unidentified substances in containers stored aboveground on the
19property.
SB77-SSA1,1535,2320
d. A failure of the
municipality local governmental unit or corporation to
21remove and properly dispose of, or to place in a different container and properly store,
22any hazardous substance stored aboveground on the property in a container that is
23leaking or is likely to leak.
SB77-SSA1,1536,3
1292.11
(9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
2discharge of a hazardous substance from an underground storage tank that is
3regulated under
42 USC 6991 to
6991i.
SB77-SSA1,1536,115
292.11
(9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
6intended development and use of the property, the department determines that
7action is necessary to reduce to acceptable levels any substantial threat to public
8health or safety when the property is developed or put to that intended use, the
9department directs the local governmental unit or corporation to take that necessary
10action and the local governmental unit or corporation does not take that action as
11directed.
SB77-SSA1,1536,1413
292.11
(9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any
14of the following:
SB77-SSA1,1536,1715
a. Respond to a discharge of a hazardous substance that poses an imminent
16threat to public health, safety or welfare or to the environment, on or off of the
17property.
SB77-SSA1,1536,2018
b. Enter into an agreement with the department to conduct any necessary
19investigation and remediation activities at the property no later than 3 years after
20acquiring the property.
SB77-SSA1,1536,2421
c. Allow the department, any authorized representatives of the department,
22any party that possessed or controlled the hazardous substance or caused the
23discharge of the hazardous substance and any consultant or contractor of such a
24party to enter the property to take necessary action to respond to the discharge.
SB77-SSA1,1537,4
1292.13 Property affected by off-site discharge. (1) Exemption from
2liability. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect
3to the existence of a hazardous substance in the soil or groundwater on property
4owned by the person if all of the following apply:
SB77-SSA1,1537,65
(a) The discharge of the hazardous substance originated from a source on
6property that is not possessed or controlled by the person.
SB77-SSA1,1537,87
(b) The person did not possess or control the hazardous substance on the
8property on which the discharge originated or cause the original discharge.
SB77-SSA1,1537,109
(c) The person conducts an investigation, that the department determines is
10adequate, to substantiate that pars. (a) and (b) are satisfied.
SB77-SSA1,1537,1411
(d) The person agrees to allow the department, any authorized representatives
12of the department, any party that possessed or controlled the hazardous substance
13or caused the discharge of the hazardous substance and any consultant or contractor
14of such a party to enter the property to take action to respond to the discharge.
SB77-SSA1,1537,1915
(e) The person takes any necessary emergency actions to respond to the
16discharge to prevent an imminent threat to human health, safety or welfare or to the
17environment and takes all nonemergency immediate or interim actions that are
18necessary to prevent a new or continuing release of the hazardous substance into the
19environment.
SB77-SSA1,1537,2120
(f) The person agrees to avoid any interference with action undertaken to
21respond to the discharge to avoid actions that worsen the discharge.
SB77-SSA1,1537,2422
(g) The person agrees to any other condition that the department determines
23is reasonable and necessary to ensure that the department or other person described
24in par. (d) can adequately respond to the discharge.
SB77-SSA1,1538,6
1(2) Determinations concerning liability. The department shall, upon request,
2issue a written determination that a person owning property on which a hazardous
3substance exists in the soil or groundwater is exempt from s. 292.11 (3), (4) and (7)
4(b) and (c) if the person satisfies the requirements in sub. (1). The department may
5revoke its determination if it determines that any of the requirements in sub. (1)
6cease to be met.
SB77-SSA1,1538,8
7(3) Fees. The department may, in accordance with rules that it promulgates,
8assess and collect fees to offset the costs of issuing determinations under sub. (2).
SB77-SSA1,1538,11
10292.15 (title)
Remediated property; purchaser Voluntary party
11remediation and exemption from liability.
SB77-SSA1, s. 3664
13Section
3664. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.
SB77-SSA1, s. 3666
15Section
3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1.
16and amended to read:
SB77-SSA1,1538,1817
292.15
(1) (f) 1. The person did not
otherwise cause the
release discharge of a
18hazardous substance on the property.
SB77-SSA1, s. 3667
19Section
3667. 292.15 (1) (f) (intro.) of the statutes is created to read:
SB77-SSA1,1538,2120
292.15
(1) (f) (intro.) "Voluntary party" means a person to whom all of the
21following apply:
SB77-SSA1,1538,2423
292.15
(1) (f) 2. The person did not control, prior to its discharge, a hazardous
24substance that was discharged on the property.
SB77-SSA1,1539,7
1292.15
(2) (a)
A purchaser
Except as provided in sub. (6), a voluntary party is
2exempt from the provisions of
s. ss. 289.05 (1), (2) and (4), 289.42 (1), 289.67, 291.25
3(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c)
and 292.31 (8), and rules
4promulgated under those provisions, with respect to the existence of a hazardous
5substance on the property the release of which occurred prior to the date of
6acquisition of the property, if all of the following occur at any time before or after the
7date of acquisition:
SB77-SSA1,1539,128
1.
The purchaser conducts a thorough An environmental investigation of the
9property
is conducted that is approved by the department
or the person from whom
10the purchaser acquires the property conducts a thorough environmental
11investigation of the property under a contract with the purchaser and the
12investigation is approved by the department.
SB77-SSA1,1539,1713
2. Except as provided in sub. (4), the
purchaser cleans up the property
is
14cleaned up by restoring the environment
to the extent practicable and minimizing
15the harmful effects from a
release discharge of
a the hazardous substance in
16accordance with rules promulgated by the department and any contract entered into
17under those rules.
SB77-SSA1,1539,2118
3. The
purchaser voluntary party obtains a
certification certificate of
19completion from the department that the property has been satisfactorily restored
20to the extent practicable and that the harmful effects from a
release discharge of a
21hazardous substance have been minimized.
SB77-SSA1,1539,2422
4. The
purchaser voluntary party maintains and monitors the property as
23required under rules promulgated by the department and any contract entered into
24under those rules.
SB77-SSA1,1540,2
15. The
purchaser voluntary party does not engage in activities that are
2inconsistent with the maintenance of the property.
SB77-SSA1,1540,73
6. The
purchaser voluntary party has not obtained the certification under subd.
43. by fraud or misrepresentation, by the knowing failure to disclose material
5information or under circumstances in which the
purchaser voluntary party knew
6or should have known about more
environmental pollution discharges of hazardous
7substances than
was were revealed by the investigation conducted under subd. 1.
SB77-SSA1,1540,169
292.15
(2) (am) The department may approve a partial cleanup and issue a
10certificate of completion as provided in par. (a) that states that not all of the property
11has been satisfactorily restored or that not all of the harmful effects from a discharge
12of a hazardous substance have been minimized. Approval of a partial cleanup
13exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c)
14with respect to the portion of the property or hazardous substances cleaned up under
15this paragraph. In addition to meeting the requirements of par. (a), a certificate for
16a partial cleanup under this paragraph may be issued only if:
SB77-SSA1,1540,2117
1. Public health, safety or the environment will not be endangered by any
18hazardous substances remaining on or off the property after the partial cleanup,
19given the manner in which the property will be developed and used and any other
20factors that the department considers relevant to the endangerment of public health,
21safety or the environment.
SB77-SSA1,1540,2522
2. The activities associated with any proposed use or development of the
23property will not aggravate or contribute to the discharge of a hazardous substance
24and will not unduly interfere with, or increase the costs of, restoring the property and
25minimizing the harmful effects of the discharge of a hazardous substance.
SB77-SSA1,1541,5
13. The owner of the property agrees to cooperate with the department to
2address problems caused by hazardous substances remaining on the property. Such
3cooperation shall include allowing access to the property or allowing the department
4or its authorized representatives to undertake activities on the property, including
5placement of borings, equipment and structures on the property.
SB77-SSA1,1541,97
292.15
(2) (ar) The department may require the owner of the property to grant
8an easement or other interest in the property for any of the purposes specified in par.
9(am) as a condition of issuing a certificate under par. (am).
SB77-SSA1, s. 3672
10Section
3672. 292.15 (2) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1541,1411
292.15
(2) (b) (intro.) The
exemption
exemptions provided in
par. pars. (a)
12continues and (am) continue to apply after the date of certification by the department
13under par. (a) 3.
, or approval by the department under par. (am), notwithstanding
14the occurrence of any of the following:
SB77-SSA1, s. 3673
15Section
3673. 292.15 (2) (b) 1. to 3. of the statutes are amended to read:
SB77-SSA1,1541,1816
292.15
(2) (b) 1. Statutes, rules or regulations are created or amended that
17would impose greater responsibilities on the
purchaser
voluntary party than those
18imposed under par. (a) 2.
SB77-SSA1,1541,2219
2. The
purchaser voluntary party fully complies with the rules promulgated by
20the department and any contract entered into under those rules under par. (a) 2. but
21it is discovered that the cleanup fails to fully restore the environment and minimize
22the effects from a
release discharge of a hazardous substance.
SB77-SSA1,1541,2523
3. The contamination from a hazardous substance that is the subject of the
24cleanup under par. (a) 2. is discovered to be more extensive than anticipated by the
25purchaser voluntary party and the department.
SB77-SSA1,1542,52
292.15
(2) (c) The department of justice may not commence an action under
42
3USC 9607 against any
purchaser voluntary party meeting the criteria of this
4subsection to recover costs for which the
purchaser
voluntary party is exempt under
5pars. (a)
, (am) and (b).
SB77-SSA1,1542,87
292.15
(2) (d) This subsection does not apply to a municipal waste landfill, as
8defined in s. 289.01 (22), or to an approved facility.
SB77-SSA1,1542,1510
292.15
(3) Successors and assigns. The exemption provided in sub. (2) applies
11to any successor or assignee of the
purchaser voluntary party who qualifies as a
12voluntary party and who complies with the provisions of sub. (2) (a) 4. and 5. unless
13the successor or assignee knows that a
certification
certificate under sub. (2) (a) 3.
14or (am) was obtained by any of the means or under any of the circumstances specified
15in sub. (2) (a) 6.
SB77-SSA1,1542,2217
292.15
(4) Limited responsibility. The responsibility of a
purchaser voluntary
18party under sub. (2) (a) 2. may be monetarily limited by agreement between the
19purchaser voluntary party and the department if the
purchaser voluntary party 20purchased the property from a municipality that acquired the property in a way
21described in s. 292.11 (9) (e) 1m. a. or b. The agreement shall stipulate all of the
22following:
SB77-SSA1,1542,2423
(a) That the
purchaser voluntary party may cease the cleanup when the cost
24of the cleanup equals 125% of the anticipated expense of the cleanup.
SB77-SSA1,1543,3
1(b) That the
purchaser voluntary party will continue to receive the benefit of
2the exemption under sub. (2) (a) after cessation of the cleanup if the
purchaser 3voluntary party complies with sub. (2) (a) 4. and 5.
SB77-SSA1,1543,74
(c) That, if the
purchaser voluntary party ceases the cleanup, the
purchaser 5voluntary party shall use reasonable efforts to sell the property in accordance with
6rules of the department that define "reasonable efforts" in a manner substantively
7equivalent to
40 CFR 300.1100 (d) (2) (i).
SB77-SSA1,1543,139
292.15
(5) Fees. The department may, in accordance with rules that it
10promulgates, assess and collect fees from a
purchaser
voluntary party to offset the
11cost of the department's activities under subs. (2) and (4). The fees may include an
12advance deposit, from which the department shall return the amount in excess of the
13cost of the department's activities under subs. (2) and (4).
SB77-SSA1,1543,1715
292.15
(6) Liens. This section does not exempt property from any lien filed
16under s. 292.81 (3) for costs incurred by the department prior to the date that
17certification is issued under sub. (2) (a) 3.
SB77-SSA1,1543,1919
292.15
(7) Applicability. This section does not apply to any of the following:
SB77-SSA1,1543,2120
(a) A hazardous waste treatment, storage or disposal facility that first begins
21operation after the date on which the voluntary party acquired the property.
SB77-SSA1,1543,2522
(b) A licensed hazardous waste treatment, storage or disposal facility operated
23on the property before the date on which the voluntary party acquired the property
24and that is operated after the date on which the voluntary party acquired the
25property.