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6292.16 Responsibility of certain municipalities acquiring closed
7landfills. (1) Definition. In this section:
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(a) "Generator" has the meaning given in s. 292.35 (1) (b).
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(b) "Transporter" has the meaning given in s. 292.35 (1) (g).
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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.
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13(3) Conditions for approval. The department shall approve an application
14under sub. (2) if all of the following apply:
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(a) The landfill is closed when the municipality acquires the property.
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(b) The landfill closure complies with all rules of the department at the time
17of the application under sub. (2).
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(c) The municipality did not have an ownership interest in the landfill while
19the landfill was in operation.
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(d) The municipality enters into an agreement with the department that
21contains requirements for the municipality to maintain the property.
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(e) The department determines that an exemption from liability under this
23section is in the public interest.
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(f) The landfill was privately owned while it was in operation.
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(g) The landfill has caused groundwater contamination.
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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).
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(i) The remedial action approved by the department authorized a recreational
6use for the property and was completed by December 31, 1995.
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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.
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13(5) Requirements. If the department approves a municipality's application
14under sub. (3), the municipality shall do all of the following:
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(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.
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(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.
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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.
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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.
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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:
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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.
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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.
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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.
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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:
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(a) The local governmental unit acquired the property through tax delinquency
25proceedings or as the result of an order by a bankruptcy court.
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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).
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(c) The local governmental unit acquired the property through condemnation
4or other proceeding under ch. 32.
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(d) The local governmental unit acquired the property for the purpose of slum
6clearance or blight elimination.
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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.
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292.31
(7) (c) 4. All moneys received under this paragraph shall be credited to
13the environmental fund for environmental
repair management.
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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.
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22292.35 (title)
Political subdivision Local governmental unit
23negotiation and cost recovery.
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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).
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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.
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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.
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292.35
(2g) (a) A
political subdivision local governmental unit that intends to
15use the cost recovery procedures in this section shall attempt to identify all
16responsible parties. All information obtained by the
political subdivision local
17governmental unit regarding responsible parties is a public record and may be
18inspected and copied under s. 19.35.
SB77-SSA1, s. 3693
19Section
3693. 292.35 (2g) (b) (intro.) of the statutes is amended to read:
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292.35
(2g) (b) (intro.) Upon the request of an employe or authorized
21representative of the
political subdivision local governmental unit, or pursuant to a
22special inspection warrant under s. 66.122, any person who generated, transported,
23treated, stored or disposed of a hazardous substance that may have been disposed
24of or discharged at the site or facility or who is or was an owner or operator shall
1provide the employe or authorized representative access to any records or documents
2in that person's custody, possession or control that relate to all of the following:
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292.35
(2g) (c) The
political subdivision local governmental unit shall maintain
5a single repository that is readily accessible to the public for all documents related
6to responsible parties, the investigation, the remedial action and plans for
7redevelopment of the property.
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292.35
(2r) (a) The
political subdivision local governmental unit shall, in
10consultation with the department, prepare a draft remedial action plan.
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292.35
(2r) (b) Upon completion of the draft remedial action plan, the
political
13subdivision local governmental unit shall send written notice to all responsible
14parties identified by the
political subdivision local governmental unit, provide public
15notice and conduct a public hearing on the draft remedial action plan. The notice to
16responsible parties shall offer the person receiving the notice an opportunity to
17provide information regarding the status of that person or any other person as a
18responsible party, notice and a description of the public hearing and a description of
19the procedures in this section. At the public hearing, the
political subdivision local
20governmental unit shall solicit testimony on whether the draft remedial action plan
21is the least costly method of meeting the standards for remedial action promulgated
22by the department by rule. The
political subdivision
local governmental unit shall
23accept written comments for at least 30 days after the close of the public hearing.
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1292.35
(2r) (c) Upon the conclusion of the period for written comment, the
2political subdivision local governmental unit shall prepare a preliminary remedial
3action plan, taking into account the written comments and comments received at the
4public hearing and shall submit the preliminary remedial action plan to the
5department for approval. The department may approve the preliminary remedial
6action plan as submitted or require modifications.
SB77-SSA1, s. 3698
7Section
3698. 292.35 (3) (a) (intro.) of the statutes is amended to read:
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292.35
(3) (a) (intro.) Upon receiving the department's approval of the
9preliminary remedial action plan, the
political subdivision local governmental unit 10shall serve an offer to settle regarding the contribution of funds for investigation and
11remedial action at the site or facility on each of the responsible parties identified by
12the
political subdivision local governmental unit, using the procedure for service of
13a summons under s. 801.11 and shall notify the department that the offer to settle
14has been served. The
political subdivision local governmental unit shall include in
15the offer to settle all of the following information:
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292.35
(3) (a) 2. The names, addresses and contact persons, to the extent
18known, for all of the responsible parties identified by the
political subdivision local
19governmental unit.
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(3) (a) 3. The location and availability of documents that support the
22claim of the
political subdivision local governmental unit against the responsible
23party.
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1292.35
(3) (b) The department shall maintain a list of competent and
2disinterested umpires qualified to perform the duties under subs. (4) to (6). None of
3the umpires may be employes of the department. Upon receiving notice from a
4political subdivision local governmental unit under par. (a), the secretary or his or
5her designee shall select an umpire from the list and inform the
political subdivision 6local governmental unit and responsible parties of the person selected.
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292.35
(3) (c) Within 10 days after receiving notice of the umpire selected by
9the department under par. (b), the
political subdivision local governmental unit may
10notify the department that the umpire selected is unacceptable. Within 10 days after
11receiving notice of the umpire selected by the department under par. (b), a
12responsible party may notify the department that the umpire selected is
13unacceptable or that the responsible party does not intend to participate in the
14negotiation. Failure to notify the department that the umpire is unacceptable shall
15be considered acceptance. If all responsible parties identified by the
political
16subdivision local governmental unit indicate that they do not intend to participate
17in the negotiation, the department shall inform the
political subdivision local
18governmental unit and the
political subdivision
local governmental unit shall cease
19further action under this section.
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(3) (d) Upon receiving notice under par. (c) that the selected umpire is
22unacceptable, the secretary or his or her designee shall select 5 additional umpires
23from the list and inform the
political subdivision
local governmental unit and
24responsible parties of the persons selected.
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1292.35
(3) (e) Within 10 days after receiving notice of the umpires selected by
2the department under par. (d), the
political subdivision local governmental unit or
3a responsible party may notify the department that one or more of the umpires
4selected are unacceptable. Failure to notify the department shall be considered
5acceptance. The secretary or his or her designee shall select an umpire from among
6those umpires not identified as unacceptable by the
political subdivision local
7governmental unit or a responsible party or, if all umpires are identified as
8unacceptable, the secretary or his or her designee shall designate a person to be
9umpire for the negotiation.
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(4) (a) The umpire, immediately upon being appointed, shall contact the
12department, the
political subdivision local governmental unit and the responsible
13parties that received the offer to settle and shall schedule the negotiating sessions.
14The umpire shall schedule the first negotiating session no later than 20 days after
15being appointed. The umpire may meet with all parties to the negotiation, individual
16parties or groups of parties. The umpire shall facilitate a discussion between the
17political subdivision local governmental unit and the responsible parties to attempt
18to reach an agreement on the design and implementation of the remedial action plan
19and the contribution of funds by the
political subdivision local governmental unit and
20responsible parties.
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(4) (d) The
political subdivision local governmental unit and the
23responsible parties that participate in negotiations shall pay for the costs of the
24umpire, whether or not an agreement among the parties is reached under sub. (5) or
25the parties accept the recommendation of the umpire under sub. (6). The umpire
1shall determine an equitable manner of paying for the costs of the umpire, which is
2binding.
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(5) Agreement in negotiation. The
political subdivision local
5governmental unit and any of the responsible parties may enter into any agreement
6in negotiation regarding the design and implementation of the remedial action plan
7and the contribution of funds by the
political subdivision local governmental unit and
8responsible parties for the investigation and remedial action. The portion of the
9agreement containing the design and implementation of the remedial action plan
10shall be submitted to the department for approval. The department may approve
11that portion of the agreement as submitted or require modifications.
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(6) (a) If the
political subdivision local governmental unit and any
14responsible parties are unable to reach an agreement under sub. (5) by the end of the
15period of negotiation, the umpire shall make a recommendation regarding the design
16and implementation of the remedial action plan and the contribution of funds for
17investigation and remedial action by the
political subdivision local governmental
18unit and all responsible parties that were identified by the
political subdivision local
19governmental unit and that did not reach an agreement under sub. (5), whether or
20not the responsible parties participated in negotiations under sub. (4). The umpire
21shall submit the recommendation to the department for its approval within 20 days
22after the end of the period of negotiation under sub. (4) (c). The department may
23approve the recommendation as submitted or require modifications. The umpire
24shall distribute a copy of the approved recommendation to the
political subdivision
1local governmental unit and all responsible parties identified by the
political
2subdivision local governmental unit.
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(6) (b) The
political subdivision local governmental unit and the
5responsible parties that did not reach an agreement under sub. (5) shall accept or
6reject the umpire's recommendation within 60 days after receiving it. Failure to
7accept or reject the recommendation within 60 days shall be considered rejection of
8the recommendation. If the
political subdivision
local governmental unit rejects the
9recommendation with respect to any responsible party, the recommendation does not
10apply to that responsible party. If a responsible party rejects the recommendation,
11it does not apply to that responsible party.
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(7) Responsible parties subject to an agreement or recommendation. 14A responsible party that enters into an agreement under sub. (5) with a
political
15subdivision local governmental unit or that accepts the umpire's recommendation
16under sub. (6), if the
political subdivision local governmental unit does not reject the
17recommendation, is required to comply with the agreement or recommendation.
18When the responsible party has complied with the agreement or recommendation,
19the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
20292.31 (8), or to the
political subdivision local governmental unit for any additional
21costs of the investigation or remedial action; the responsible party is not liable to any
22other responsible party for contribution to costs incurred by any other responsible
23party for the investigation or remedial action; and the responsible party is not subject
24to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
25or recommendation.