AB100-engrossed,1766,105
287.46
(3) If the board awards assistance under sub. (1) that results in a loan
6being made by the recipient to another person, the board may direct that the
7repayments of the loan's principal and any interest either be repaid to the recipient
8for use in a revolving loan fund or
returned to the board be repaid to the department
9of commerce. The
board department of commerce shall credit any funds received
10under this subsection to the appropriation
account under s. 20.143 (1) (L).
AB100-engrossed,1766,1613
287.46
(4) (b) In any biennium, the
board department of commerce may not
14expend more than 10% of the amount appropriated under s. 20.143 (1) (tm) for that
15biennium for contracts with and financial assistance to responsible units and other
16local units of government.
AB100-engrossed,1766,2218
287.46
(4) (a) From the appropriations under s. 20.143 (1) (L) and (tm), the
19department of commerce shall provide financial assistance awarded by the board
20under this subchapter. Subject to par. (b), from the appropriation under s. 20.143 (1)
21(tm), the department of commerce shall pay contracts entered into by the board
22under s. 287.42 (3).
AB100-engrossed,1767,2
24287.48 Executive director for the board. The
governor shall nominate, and
25with the advice and consent of the senate appoint, secretary of commerce shall
1appoint an executive director of the board outside of the classified service, to serve
2at the pleasure of the
governor secretary of commerce.
AB100-engrossed,1767,185
289.05
(2) With the advice and comment of the metallic mining council, the The 6department shall promulgate rules for the identification and regulation of metallic
7mining wastes. The rules promulgated to identify metallic mining wastes and to
8regulate the location, design, construction, operation and maintenance of facilities
9for the disposal of metallic mining wastes shall be in accordance with any or all of
10the provisions under this chapter and chs. 30 and 283. The rules shall take into
11consideration the special requirements of metallic mining operations in the location,
12design, construction, operation and maintenance of facilities for the disposal of
13metallic mining wastes as well as any special environmental concerns that will arise
14as a result of the disposal of metallic mining wastes. In promulgating the rules, the
15department shall give consideration to research, studies, data and recommendations
16of the U.S. environmental protection agency on the subject of metallic mining wastes
17arising from the agency's efforts to implement the resource conservation and
18recovery act.
AB100-engrossed,1767,2221
289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
22appropriation appropriations under s. 20.370 (2) (dg)
and (9) (mj).
AB100-engrossed,1767,2524
289.55
(1) (b) "Tire dump" means any location that is used for storing or
25disposing of waste tires
or solid waste resulting from manufacturing tires.
AB100-engrossed,1768,142
289.55
(2) Department authority; abatement. If the department determines
3that a tire dump is a nuisance, it shall notify the person responsible for the nuisance
4and request that the
waste tires
or the solid waste resulting from manufacturing
5tires be processed or removed within a specified period. If the person fails to take the
6requested action within the specified period, the department shall order the person
7to abate the nuisance within a specified period. If the person responsible for the
8nuisance is not the owner of the property on which the tire dump is located, the
9department may order the property owner to permit abatement of the nuisance. If
10the person responsible for the nuisance fails to comply with the order, the
11department may take any action necessary to abate the nuisance, including entering
12the property where the tire dump is located and confiscating the waste tires
or the
13solid waste resulting from manufacturing tires, or arranging to have the waste tires
14or the solid waste resulting from manufacturing tires processed or removed.
AB100-engrossed,1768,1716
289.62
(1) (g)
Use of tonnage fees. Tonnage fees paid by a nonapproved facility
17shall be paid into the environmental fund for environmental
repair management.
AB100-engrossed,1768,2119
289.63
(3) (b) The well compensation fee imposed under sub. (1) for solid waste
20or hazardous waste, excluding prospecting or mining waste, is
one cent 4 cents per
21ton.
AB100-engrossed,1769,223
289.63
(8) Use of groundwater, solid waste capacity and well compensation
24fees. The groundwater fees collected under sub. (2) shall be credited to the
25environmental fund for
groundwater environmental management. The well
1compensation and solid waste capacity fees collected under sub. (2) shall be credited
2to the environmental fund for environmental
repair
management.
AB100-engrossed,1769,54
289.67
(1) (h)
Use of environmental repair fee. The fees collected under par. (b)
5shall be credited to the environmental fund for environmental
repair management.
AB100-engrossed,1769,97
289.67
(2) (c) 5. Hazardous wastes that are collected by a county under a
8program for the collection and disposal of chemicals that are used for agricultural
9purposes, including pesticides, as defined in s. 94.67 (25).
AB100-engrossed,1769,1211
289.67
(2) (e) All moneys received under this subsection shall be credited to the
12environmental fund for environmental
repair management.
AB100-engrossed,1769,1614
289.67
(3) (c)
Use of environmental repair base fees. Environmental repair base
15fees shall be credited to the environmental fund for environmental
repair 16management.
AB100-engrossed,1769,2018
289.67
(4) (c)
Use of environmental repair surcharge. Environmental repair
19surcharges shall be credited to the environmental fund for environmental
repair 20management.
AB100-engrossed,1769,2322
292.01
(18) "Site or facility" means, except in
ss. s. 292.35
and 292.61, an
23approved facility, an approved mining facility, a nonapproved facility or a waste site.
AB100-engrossed,1770,2
1292.11
(6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be
2credited to the environmental fund for environmental
repair management.
AB100-engrossed,1770,84
292.11
(7) (d) 1. The department may negotiate and enter into an agreement
5containing a schedule for conducting nonemergency actions required under sub. (3)
6with a person who possesses or controls a hazardous substance that was discharged
7or who caused the discharge of a hazardous substance if the discharge does not
8endanger public health.
AB100-engrossed,1770,119
2. The department may charge fees, in accordance with rules that it
10promulgates, to offset the costs of negotiating and entering into an agreement under
11subd. 1.
AB100-engrossed,1770,1513
292.11
(7) (e) If a person violates an order under par. (c) or an agreement under
14par. (d), the department may refer the matter to the department of justice for
15enforcement under s. 299.95.
AB100-engrossed,1770,1917
292.11
(9) (e) 1. "Local governmental unit" means a municipality, a
18redevelopment authority created under s. 66.431, a public body designated by a
19municipality under s. 66.435 (4) or a housing authority.
AB100-engrossed,1770,2421
292.11
(9) (e) 1m. (intro.) A
municipality local governmental unit is exempt
22from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the
23municipality before, on or after May 13, 1994, in
local government unit if any of the
24following
ways applies:
AB100-engrossed,1771,3
1292.11
(9) (e) 1m. a.
Through The local governmental unit acquired the
2property through tax delinquency proceedings or as the result of an order by a
3bankruptcy court.
AB100-engrossed,1771,75
292.11
(9) (e) 1m. b.
From a municipality The local governmental unit acquired
6the property from a local governmental unit that acquired the property under a
7method described in subd. 1m. a.
AB100-engrossed,1771,109
292.11
(9) (e) 1m. c. The local governmental unit acquired the property through
10condemnation or other proceeding under ch. 32.
AB100-engrossed,1771,1211
d. The local governmental unit acquired the property for the purpose of slum
12clearance or blight elimination.
AB100-engrossed,1771,2114
292.11
(9) (e) 1s. An economic development corporation described in section
501 15(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
16taxation under section
501 (a) of the Internal Revenue Code, or an entity wholly
17owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
18and (c) with respect to property acquired before, on or after the effective date of this
19subdivision .... [revisor inserts date], if the property is acquired to further the
20economic development purposes that qualify the corporation as exempt from federal
21taxation.
AB100-engrossed,1771,2423
292.11
(9) (e) 2.
Subdivision 1. does
Subdivisions 1m. and 1s. do not apply to
24a discharge of a hazardous substance caused by any of the following:
AB100-engrossed,1771,2525
a. An action taken by the
municipality local governmental unit or corporation.
AB100-engrossed,1772,3
1b. A failure of the
municipality local governmental unit or corporation to take
2appropriate action to restrict access to the property in order to minimize costs or
3damages that may result from unauthorized persons entering the property.
AB100-engrossed,1772,64
c. A failure of the
municipality local governmental unit or corporation to sample
5and analyze unidentified substances in containers stored aboveground on the
6property.
AB100-engrossed,1772,107
d. A failure of the
municipality local governmental unit or corporation to
8remove and properly dispose of, or to place in a different container and properly store,
9any hazardous substance stored aboveground on the property in a container that is
10leaking or is likely to leak.
AB100-engrossed,1772,1412
292.11
(9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
13discharge of a hazardous substance from an underground storage tank that is
14regulated under
42 USC 6991 to
6991i.
AB100-engrossed,1772,2216
292.11
(9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
17intended development and use of the property, the department determines that
18action is necessary to reduce to acceptable levels any substantial threat to public
19health or safety when the property is developed or put to that intended use, the
20department directs the local governmental unit or corporation to take that necessary
21action and the local governmental unit or corporation does not take that action as
22directed.
AB100-engrossed,1772,2524
292.11
(9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any
25of the following:
AB100-engrossed,1773,3
1a. Respond to a discharge of a hazardous substance that poses an imminent
2threat to public health, safety or welfare or to the environment, on or off of the
3property.
AB100-engrossed,1773,64
b. Enter into an agreement with the department to conduct any necessary
5investigation and remediation activities at the property no later than 3 years after
6acquiring the property.
AB100-engrossed,1773,107
c. Allow the department, any authorized representatives of the department,
8any party that possessed or controlled the hazardous substance or caused the
9discharge of the hazardous substance and any consultant or contractor of such a
10party to enter the property to take necessary action to respond to the discharge.
AB100-engrossed,1773,1512
292.11
(9) (g) 1. In this paragraph, "petroleum contaminated soil" means soil
13that is contaminated with materials derived from petroleum, natural gas or asphalt,
14including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants,
15waxes, greases and petrochemicals.
AB100-engrossed,1773,1716
2. A person is exempted from sub. (7) (b) and from the penalty requirements
17of this section if all of the following apply:
AB100-engrossed,1773,1918
a. The person's act or omission was taken while performing services under
19contract with the department of transportation.
AB100-engrossed,1773,2220
b. The act or omission involving the petroleum contaminated soil was
21consistent with the contract described in subd. 2. a. or was directed by the
22department of transportation.
AB100-engrossed,1773,2323
3. Subd. 2. does not apply to any person:
AB100-engrossed,1773,2524
a. Who brought petroleum contaminated soil onto the property or caused the
25soil to become petroleum contaminated soil.
AB100-engrossed,1774,3
1b. Who is under a previous contract with a state agency other than the
2department of transportation to remove a hazardous substance from the property,
3or to treat a hazardous substance on the property.
AB100-engrossed,1774,54
c. Whose act or omission constitutes gross negligence or involves reckless,
5wanton or intentional misconduct.
AB100-engrossed,1774,11
7292.13 Property affected by off-site discharge. (1) Exemption from
8liability for groundwater contamination. A person is exempt from s. 292.11 (3), (4)
9and (7) (b) and (c) with respect to the existence of a hazardous substance in the
10groundwater on property possessed or controlled by the person if all of the following
11apply:
AB100-engrossed,1774,1312
(a) The discharge of the hazardous substance originated from a source on
13property that is not possessed or controlled by the person.
AB100-engrossed,1774,1514
(b) The person did not possess or control the hazardous substance on the
15property on which the discharge originated or cause the original discharge.
AB100-engrossed,1774,1816
(c) The person conducts an investigation or submits other information, that the
17department determines is adequate, to substantiate that pars. (a) and (b) are
18satisfied.
AB100-engrossed,1774,2219
(d) The person agrees to allow the department, any authorized representatives
20of the department, any party that possessed or controlled the hazardous substance
21or caused the discharge of the hazardous substance and any consultant or contractor
22of such a party to enter the property to take action to respond to the discharge.
AB100-engrossed,1774,2423
(f) The person agrees to avoid any interference with action undertaken to
24respond to the discharge and to avoid actions that worsen the discharge.
AB100-engrossed,1775,3
1(g) The person agrees to any other condition that the department determines
2is reasonable and necessary to ensure that the department or other person described
3in par. (d) can adequately respond to the discharge.
AB100-engrossed,1775,7
4(1m) Exemption from liability for soil contamination. A person is exempt
5from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous
6substance in the soil on property possessed or controlled by the person if all of the
7following apply: