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.
SB77-SSA1,1544,4
1(c) Any hazardous waste disposal facility that has been issued a license under
2s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those
3sections, for a period of long-term care following closure of the facility if the license
4was issued on or before the effective date of this paragraph .... [revisor inserts date].
SB77-SSA1,1544,7
6292.16 Responsibility of certain municipalities acquiring closed
7landfills. (1) Definition. In this section:
SB77-SSA1,1544,88
(a) "Generator" has the meaning given in s. 292.35 (1) (b).
SB77-SSA1,1544,99
(b) "Transporter" has the meaning given in s. 292.35 (1) (g).
SB77-SSA1,1544,12
10(2) Application. A municipality may apply to the department for an exemption
11from liability with respect to property that contains a closed landfill and that is
12acquired by the municipality before, on or after the effective date of this subsection.
SB77-SSA1,1544,14
13(3) Conditions for approval. The department shall approve an application
14under sub. (2) if all of the following apply:
SB77-SSA1,1544,1515
(a) The landfill is closed when the municipality acquires the property.
SB77-SSA1,1544,1716
(b) The landfill closure complies with all rules of the department at the time
17of the application under sub. (2).
SB77-SSA1,1544,1918
(c) The municipality did not have an ownership interest in the landfill while
19the landfill was in operation.
SB77-SSA1,1544,2120
(d) The municipality enters into an agreement with the department that
21contains requirements for the municipality to maintain the property.
SB77-SSA1,1544,2322
(e) The department determines that an exemption from liability under this
23section is in the public interest.
SB77-SSA1,1544,2424
(f) The landfill was privately owned while it was in operation.
SB77-SSA1,1544,2525
(g) The landfill has caused groundwater contamination.
SB77-SSA1,1545,4
1(h) A steering committee of local public and private representatives was formed
2to address the contamination caused by the landfill in a cooperative effort with the
3department that prevented the landfill from being listed on the national priority list
4under
42 USC 9605 (a) (8) (B).
SB77-SSA1,1545,65
(i) The remedial action approved by the department authorized a recreational
6use for the property and was completed by December 31, 1995.
SB77-SSA1,1545,12
7(4) Scope of exemption. An approval by the department under sub. (3)
8exempts the municipality from liability imposed under ss. 289.05, 289.41, 289.46,
9289.95, 291.37, 291.85 (2), 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
10promulgated under those provisions, based on the municipality's ownership of the
11property. The exemption does not apply to any liability based on hazardous
12substances for which the municipality is responsible as a generator or transporter.
SB77-SSA1,1545,14
13(5) Requirements. If the department approves a municipality's application
14under sub. (3), the municipality shall do all of the following:
SB77-SSA1,1545,1715
(a) Obtain the prior approval of the department for any proposed uses of the
16property, for any physical disturbance of the soil and for any construction on the
17property.
SB77-SSA1,1545,2018
(b) Allow access to the property by any person who is required to conduct
19monitoring, to operate and maintain equipment or to undertake remedial action in
20connection with the closed landfill.
SB77-SSA1,1546,2
22292.19 Responsibility of persons conducting investigations. (1) For
23purposes of this chapter, a person who conducts an investigation of property to
24determine the existence of, or to obtain information about, a discharge of a hazardous
1substance does not possess or control the hazardous substance or cause the discharge
2of the hazardous substance as the result of conducting the investigation.
SB77-SSA1,1546,6
3(2) If the person who conducts the investigation physically causes a discharge
4or exacerbates an existing discharge, sub. (1) does not apply with respect to the
5portion of the property on which the person causes the discharge or exacerbates the
6existing discharge.
SB77-SSA1,1546,119
292.21
(1) (c) 1. bm. The lender complies with all applicable state and federal
10requirements, whichever are more restrictive, relating to the removal of
11underground storage tanks, if any, on the property.
SB77-SSA1, s. 3681
12Section
3681. 292.21 (1) (c) 1. d. of the statutes is amended to read:
SB77-SSA1,1547,713
292.21
(1) (c) 1. d. The lender conducts an environmental assessment of the real
14property in accordance with subd. 2.
at any time, but not more than 90 days after the
15date the lender acquires title to, or possession or control of, the real property
and
16files. The lender shall file a complete copy of the environmental assessment with the
17department not more than 180 days after the date the lender acquires title to, or
18possession or control of, the real property.
If an environmental assessment is
19conducted more than one year before the date on which the lender acquires title to,
20or possession or control of, the real property, the exemption under this subd. 1. d.
21applies only if the lender does all of the following: visually inspects the property in
22accordance with subd. 2. a. and b. after the date on which the lender acquires title
23to, or possession or control of, the real property to verify the environmental
24assessment; submits a complete copy of the environmental assessment and the
25results of the visual inspection to the department not later than 90 days after the
1lender acquires title to, or possession or control of, the real property; receives notice
2from the department that the department determines that the environmental
3assessment is adequate or that the department directs the lender to address any
4inadequacies in the environmental assessment; corrects, to the satisfaction of the
5department, any inadequacies of an environmental assessment; and reimburses the
6department for the cost to the department of reviewing materials submitted under
7this subd. 1. d.
SB77-SSA1,1547,159
292.21
(1) (c) 1. g. The lender agrees in writing to allow any officer, employe or
10authorized representative of the department, the person who may have possessed or
11controlled a hazardous substance that is discharged, or who may have caused the
12discharge of a hazardous substance, on the property and such person's authorized
13consultant or contractor to enter onto the property at reasonable times and upon
14notice to the lender to take appropriate response actions in response to the discharge
15of the hazardous substance on the property.
SB77-SSA1,1547,18
17292.26 Civil immunity; local governmental units. (1) In this section,
18"local governmental unit" has the meaning given in s. 292.11 (9) (e) 1.
SB77-SSA1,1547,23
19(2) Except as provided in sub. (3), a local governmental unit is immune from
20civil liability related to the discharge of a hazardous substance on or from property
21formerly owned or controlled by the local governmental unit if the property is no
22longer owned by the local governmental unit at the time that the discharge is
23discovered and if any of the following applies:
SB77-SSA1,1547,2524
(a) The local governmental unit acquired the property through tax delinquency
25proceedings or as the result of an order by a bankruptcy court.
SB77-SSA1,1548,2
1(b) The local governmental unit acquired the property from a local
2governmental unit that acquired the property under a method described in par. (a).
SB77-SSA1,1548,43
(c) The local governmental unit acquired the property through condemnation
4or other proceeding under ch. 32.
SB77-SSA1,1548,65
(d) The local governmental unit acquired the property for the purpose of slum
6clearance or blight elimination.
SB77-SSA1,1548,9
7(3) Subsection (2) does not apply with respect to a discharge of a hazardous
8substance caused by an activity conducted by the local governmental unit while the
9local governmental unit owned or controlled the property.
SB77-SSA1,1548,1312
292.31
(7) (c) 4. All moneys received under this paragraph shall be credited to
13the environmental fund for environmental
repair management.
SB77-SSA1,1548,2015
292.31
(8) (g)
Disposition of funds. If the original expenditure was made from
16the environmental repair fund, under s. 25.46, 1987 stats., or the environmental
17fund, the net proceeds of the recovery shall be paid into the environmental fund for
18environmental
repair management. If the original expenditure was made from the
19investment and local impact fund, the net proceeds of the recovery shall be paid into
20the investment and local impact fund.
SB77-SSA1,1548,23
22292.35 (title)
Political subdivision Local governmental unit
23negotiation and cost recovery.
SB77-SSA1,1549,3
1292.35
(1) (bm) "Local governmental unit" means a municipality, a
2redevelopment authority created under s. 66.431 or a public body designated by a
3municipality under s. 66.435 (4).
SB77-SSA1,1549,86
292.35
(1) (f) "Site or facility"
has the meaning given in s. 292.61 (1) (b) means
7an approved facility, an approved mining facility, a nonapproved facility, a waste site
8or any site where a hazardous substance is discharged on or after May 21, 1978.
SB77-SSA1,1549,1210
292.35
(2) Applicability. This section only applies to a site or facility if the site
11or facility is owned by a
political subdivision local governmental unit. This section
12does not apply to a landfill until January 1, 1996.