AB100-engrossed,1587,2016
166.20
(5) (a) 5. The reporting procedures for trade secrets under
42 USC 11042 17shall apply to all facilities in this state subject to the requirements under subd. 1.,
183. or 4. For the purposes of applying this subdivision to public agencies and private
19agencies, the
board division shall have the powers and duties granted to the
20administrator of the U.S. environmental protection agency under
42 USC 11042.
AB100-engrossed,1587,2422
166.20
(5m) Furnishing information. If the
board division or a committee
23requests, in writing, information relating to the federal act or to this section, a facility
24shall furnish the information in the manner requested.
AB100-engrossed,1588,3
1166.20
(7) (a) (intro.) The board shall establish, by rule, the following fees at
2levels designed to fund the board's administrative expenses and the grants under s.
3166.21
and to repay the amount expended under s. 20.465 (3) (d):
AB100-engrossed, s. 3117bg
4Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997
5Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-engrossed,1588,86
166.20
(7) (a) (intro.) The division shall establish, by rule, the following fees at
7levels designed to fund the division's administrative expenses and the grants under
8s. 166.21:
AB100-engrossed,1588,1410
166.20
(7) (b) The operator of a facility subject to the requirements of sub. (5)
11(a) 1. or 3. shall pay the fees under par. (a). The
board division may establish, by rule,
12a surcharge to be paid by the operator of a facility if the operator fails to pay the fees
13under par. (a) in a timely manner. The surcharge under this paragraph shall not
14exceed 20% of the original fee.
AB100-engrossed,1588,1916
166.20
(7g) (a) The
board division shall establish, by rule, fees to be paid
17annually to the department of transportation by persons that are required to file
18hazardous materials transportation registration statements with the federal
19department of transportation under 49 USC Appendix 1805 (c).
AB100-engrossed,1588,2221
166.20
(7g) (e) The
board division may, by rule, establish exemptions from the
22fees under par. (a).
AB100-engrossed,1589,524
166.20
(7m) (a) An authorized inspector of the
board division or the committee
25for the county in which a facility is located may enter and inspect any facility or any
1pertinent record relating to the facility at any reasonable time for the purpose of
2determining whether the facility is complying with this section and rules
3promulgated under this section. The
board division or committee, if requested, shall
4furnish to the operator of the facility a report setting forth all facts found which relate
5to compliance with this section and rules promulgated under this section.
AB100-engrossed,1589,107
166.20
(7m) (b) The
board division shall promulgate rules to specify how the
8board division or a committee may authorize inspectors for the purposes of par. (a).
9The rules shall include requirements for experience or training of individuals
10authorized to conduct inspections.
AB100-engrossed,1589,1812
166.20
(8) (a) The department of justice, at its own discretion or at the request
13of the
board division or the committee or district attorney for the county in which the
14violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
15promulgated under subs. (2) to (7). In any action commenced under this paragraph,
16the department of justice may request the assistance of the district attorney for the
17county in which the violation is alleged to have occurred and the district attorney
18shall provide the requested assistance.
AB100-engrossed,1589,2220
166.20
(9) (a) 1. c. The
board division for failure to render a decision in response
21to a petition under
42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months
22after receipt of the petition.
AB100-engrossed,1590,3
1166.20
(9) (a) 1. d. The
board division for failure to provide a mechanism for
2public availability of information in accordance with
42 USC 11044 (a), as applied
3under sub. (2) (a).
AB100-engrossed,1590,65
166.20
(9) (a) 1. e. The
board division for failure to respond to a request for
6information under
42 USC 11022 (e) (3), as applied under sub. (2) (a).
AB100-engrossed,1590,98
166.20
(9) (a) 2. (intro.) The
board
division or any county, city, village or town
9may commence a civil action against any person for failure to do any of the following:
AB100-engrossed,1590,1211
166.20
(9) (a) 2. a. Provide notification to the
board division under
42 USC
1211002 (c), as applied under sub. (5) (a) 1.
AB100-engrossed,1590,1714
166.20
(9) (a) 3. The
board division or any committee may commence an action
15against any person for failure to provide the information required under
42 USC
1611003 (d), as applied under sub. (5) (a) 1. or any information required under
42 USC
1711022 (e) (1), as applied under sub. (5) (a) 3.
AB100-engrossed,1590,2119
166.20
(9) (b) 1. (intro.) No action may be commenced against any person other
20than the
board division under this subsection under any of the following
21circumstances:
AB100-engrossed,1590,2423
166.20
(9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave
24notice of the alleged violation to the
board division and to the alleged violator.
AB100-engrossed,1591,3
1166.20
(9) (b) 2. No action may be commenced against the
board division under
2this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of
3the action to the
board division.
AB100-engrossed,1591,105
166.20
(11) (dg) Except as provided in this paragraph, any person who
6negligently makes a false statement or representation in any document provided by
7the operator of a facility or required to be maintained by the operator of a facility
8under the federal act, this section or rules promulgated under this section shall
9forfeit not less than $100 nor more than $25,000. This penalty does not apply to the
10board division, a committee or a member of the
board division or a committee.
AB100-engrossed,1591,1412
166.21
(1) (b) Any committee may apply annually to the
board division for an
13emergency planning grant. Applications shall be made in the manner specified by
14the
board division.
AB100-engrossed,1591,2117
166.21
(2) (br) Subject to sub. (2m),
for grant applications submitted during the
18period after May 31, 1995, and before September 1, 1997, 80% of the costs of
19computers and emergency response equipment, but not to exceed $10,000. In-kind
20contributions may be used to meet the committee's contribution under this
21paragraph.
AB100-engrossed,1591,2423
166.21
(2) (e) The portion of a previous year's costs that was approved by the
24board division but not paid because of insufficient funds.
AB100-engrossed,1592,4
1166.21
(2m) Strategic plan. (intro.) A committee is eligible for grant funds
2under sub. (2)
(bm) (br) for emergency response equipment only if it submits to the
3board a strategic plan for emergency response to hazardous substance releases that
4includes all of the following:
AB100-engrossed, s. 3117kc
5Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997
6Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-engrossed,1592,107
166.21
(2m) Strategic plan. (intro.) A committee is eligible for grant funds
8under sub. (2) (br) for emergency response equipment only if it submits to the division
9a strategic plan for emergency response to hazardous substance releases that
10includes all of the following:
AB100-engrossed,1592,1312
166.21
(3) (a) 1. The costs of each new facility plan completed by the committee
13and approved by the
board division in the period covered by the grant.
AB100-engrossed,1592,1615
166.21
(3) (a) 3. The portion of a previous year's costs that was approved by the
16board division but not paid because of insufficient funds.
AB100-engrossed,1592,2118
166.21
(3) (b) The
board division shall reduce the grant amount calculated
19under par. (a) by the amount of any other gifts or grants received by the committee
20in the period covered by the grant for costs incurred by the committee related to sub.
21(2).
AB100-engrossed,1593,223
166.21
(3) (c) Notwithstanding sub. (2), the
board division shall deny that
24portion of a grant calculated under par. (a) 2. if the
board division determines that
25the committee has failed to meet grant obligations, including the development,
1review, exercise or implementation of local emergency response plans as required
2under s. 166.20 or the federal act.
AB100-engrossed,1593,54
166.21
(3) (e) Annually, the
board
division shall establish a formula to
5determine the amount of emergency planning grant funds available to each county.
AB100-engrossed,1593,127
166.21
(4) Payment of grants. Annually, the
board division shall review all
8applications received under this section and make grants to committees from the
9appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to
10pay all approved grants, the
board division shall prorate the available funds among
11the eligible applicants in proportion to the approved grant amounts. A prorated
12payment shall be deemed full payment of the grant.
AB100-engrossed,1593,1814
166.21
(5) Payment in advance. (a) The
board division may pay a portion of a
15grant before the end of the period covered by the grant if a committee requests the
16advance payment and if the
board division determines that the necessary funds are
17available and that the advance payment will not result in insufficient funds to pay
18other grants.
AB100-engrossed,1593,2419
(b) The
board division may pay an amount up to 50% of anticipated eligible
20costs covered by a grant up to 12 months before the end of the period covered by the
21grant. The
board division may pay an additional amount up to 25% of anticipated
22eligible costs up to 6 months before the end of the period covered by the grant. The
23board division shall determine anticipated eligible costs from a budget submitted by
24the committee at the time that the committee requests payment in advance.
AB100-engrossed,1594,4
1(c) If a committee receives advance payments under this subsection which
2exceed the total grant amount calculated under sub. (3), the
board division shall
3subtract the amount of the overpayment from the amount of a grant paid to that
4committee in the next year that the committee receives a grant.
AB100-engrossed,1594,176
166.215
(1) The board shall contract with no fewer than 7 and no more than
79 regional emergency response teams, each of which will assist in the emergency
8response to level A releases in a region of this state designated by the board. The
9board shall contract with at least one regional emergency response team in each area
10designated under s. 166.03 (2) (b) 1. The board may only contract with a local agency,
11as defined in s. 166.22 (1) (c), under this subsection. A member of a regional
12emergency response team shall meet the standards for a hazardous materials
13specialist in
29 CFR 1910.120 (q) (6) (iv) and national fire protection association
14standards NFPA 471 and 472.
A contract under this subsection may provide for
15payments to the regional emergency response team in addition to the reimbursement
16provided in sub. (2). Payments to regional emergency response teams under this
17subsection shall be made from the appropriation account under s. 20.465 (3) (dd).
AB100-engrossed, s. 3117mc
18Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin Act
19.... (this act), is repealed and recreated to read:
AB100-engrossed,1595,520
166.215
(1) The division shall contract with no fewer than 7 and no more than
219 regional emergency response teams, each of which will assist in the emergency
22response to level A releases in a region of this state designated by the division. The
23division shall contract with at least one regional emergency response team in each
24area designated under s. 166.03 (2) (b) 1. The division may only contract with a local
25agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional
1emergency response team shall meet the standards for a hazardous materials
2specialist in
29 CFR 1910.120 (q) (6) (iv) and national fire protection association
3standards NFPA 471 and 472. Payments to regional emergency response teams
4under this subsection shall be made from the appropriation account under s. 20.465
5(3) (dd).
AB100-engrossed,1595,167
166.215
(2) The board shall reimburse a regional emergency response team for
8costs incurred by the team in responding to a level A release under sub. (1).
9Reimbursement under this subsection is limited to amounts collected under sub. (3)
10and the amounts appropriated under s. 20.465 (3)
(rg) and (rt) (dr). Reimbursement
11is available under s. 20.465 (3)
(rt) (dr) only if the regional emergency response team
12has made a good faith effort to identify the person responsible under sub. (3) and that
13person cannot be identified, or, if that person is identified, the team has received
14reimbursement from that person to the extent that the person is financially able or
15has determined that the person does not have adequate money or other resources to
16reimburse the regional emergency response team.
AB100-engrossed, s. 3117qh
17Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act
18.... (this act), is repealed and recreated to read:
AB100-engrossed,1596,319
166.215
(2) The division shall reimburse a regional emergency response team
20for costs incurred by the team in responding to a level A release under sub. (1).
21Reimbursement under this subsection is limited to amounts collected under sub. (3)
22and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available
23under s. 20.465 (3) (dr) only if the regional emergency response team has made a good
24faith effort to identify the person responsible under sub. (3) and that person cannot
25be identified, or, if that person is identified, the team has received reimbursement
1from that person to the extent that the person is financially able or has determined
2that the person does not have adequate money or other resources to reimburse the
3regional emergency response team.
AB100-engrossed,1596,85
166.215
(3) A person who possessed or controlled a hazardous substance that
6was released or who caused the release of a hazardous substance shall reimburse the
7board division for costs incurred by a regional emergency response team in
8responding to the release under sub. (1).
AB100-engrossed,1597,310
166.215
(5) The board shall notify the joint committee on finance in writing,
11before entering into a new contractual agreement under sub. (1) or renewing or
12extending a contractual agreement under sub. (1), of the specific funding
13commitment involved in that proposed new, renewed or extended contract. The
14board shall include in that notification information regarding any anticipated
15contractual provisions that involve state fiscal commitments for each fiscal year in
16the proposed new, renewed or extended contract. The board may enter into a new
17contractual agreement or renew or extend a contractual agreement, as proposed in
18the notification to the joint committee on finance, if within 14 working days after
19notification the committee does not schedule a meeting to review the board's
20proposed action. If, within 14 working days after notification to the joint committee
21on finance, the committee notifies the board that the committee has scheduled a
22meeting to review the board's proposed action, the board may enter into the proposed
23new contact or renew or extend the contract as proposed only if the committee
24approves that action. Notwithstanding s. 13.10, the board may include in its
25notification to the joint committee on finance a request for approval of any increase
1in the amount of money in the appropriation account under s. 20.465 (3) (dd)
2necessary to provide sufficient money for the proposed new, renewed or extended
3contracts under sub. (1).
AB100-engrossed,1597,145
166.22
(3m) The board shall reimburse a local emergency response team for
6costs incurred by the team in responding to a hazardous substance discharge under
7sub. (3). Reimbursement under this subsection is limited to the amount
8appropriated under s. 20.465 (3)
(rt) (dr). Reimbursement is available under s.
920.465 (3)
(rt) (dr) only if the local emergency response team has made a good faith
10effort to identify the person responsible under sub. (4) and that person cannot be
11identified, or, if that person is identified, the team has received reimbursement from
12that person to the extent that the person is financially able or has determined that
13the person does not have adequate money or other resources to reimburse the local
14emergency response team.
AB100-engrossed, s. 3117w
15Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act
16.... (this act), is repealed and recreated to read:
AB100-engrossed,1598,217
166.22
(3m) The division shall reimburse a local emergency response team for
18costs incurred by the team in responding to a hazardous substance discharge under
19sub. (3). Reimbursement under this subsection is limited to the amount
20appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465
21(3) (dr) only if the local emergency response team has made a good faith effort to
22identify the person responsible under sub. (4) and that person cannot be identified,
23or, if that person is identified, the team has received reimbursement from that person
24to the extent that the person is financially able or has determined that the person
1does not have adequate money or other resources to reimburse the local emergency
2response team.
AB100-engrossed,1598,5
5168.01 (title)
Definition
Definitions. (intro.)
In this chapter
"department":
AB100-engrossed,1598,6
6(1) "Department" means the department of commerce.
AB100-engrossed,1598,208
168.01
(2) "Supplier" includes a person who imports, or acquires immediately
9upon import, petroleum products by pipeline or marine vessel from a state, territory
10or possession of the United States or from a foreign country into a terminal and who
11is registered under
26 USC 4101 for tax-free transactions in gasoline. "Supplier"
12also includes a person who produces in this state; or imports into a terminal or bulk
13plant; or acquires immediately upon import by truck, railcar or barge into a terminal;
14alcohol or alcohol derivative products. "Supplier" also includes a person who
15produces, manufactures or refines petroleum products in this state. "Supplier" also
16includes a person who acquires petroleum products pursuant to an industry terminal
17exchange agreement. "Supplier" does not include a retail dealer or wholesaler who
18merely blends alcohol with gasoline before the sale or distribution of the product and
19does not include a terminal operator who merely handles in a terminal petroleum
20products consigned to the terminal operator.