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:
AB100-engrossed,1775,98
(a) The discharge of the hazardous substance originated from a source on
9property that is not possessed or controlled by the person.
AB100-engrossed,1775,1110
(b) The person did not possess or control the hazardous substance on the
11property on which the discharge originated or cause the original discharge.
AB100-engrossed,1775,1412
(c) The person conducts an investigation or submits other information, that the
13department determines is adequate, to substantiate that pars. (a) and (b) are
14satisfied.
AB100-engrossed,1775,1815
(d) The person agrees to allow the department, any authorized representatives
16of the department, any party that possessed or controlled the hazardous substance
17or caused the discharge of the hazardous substance and any consultant or contractor
18of such a party to enter the property to take action to respond to the discharge.
AB100-engrossed,1775,2419
(e) The person agrees to take one or more of the following actions at the
20direction of the department if, after the department has made a reasonable attempt
21to notify the party who caused the discharge of the hazardous substance about the
22party's responsibilities under s. 292.11, the department determines that the action
23or actions are necessary to prevent an imminent threat to human health, safety or
24welfare or to the environment:
AB100-engrossed,1775,2525
1. Limit public access to the property.
AB100-engrossed,1776,2
12. Identify, monitor and mitigate fire, explosion and vapor hazards on the
2property.
AB100-engrossed,1776,33
3. Visually inspect the property and install appropriate containment barriers.
AB100-engrossed,1776,54
(f) The person agrees to avoid any interference with action undertaken to
5respond to the discharge and to avoid actions that worsen the discharge.
AB100-engrossed,1776,86
(g) The person agrees to any other condition that the department determines
7is reasonable and necessary to ensure that the department or other person described
8in par. (d) can adequately respond to the discharge.
AB100-engrossed,1776,14
9(2) Determinations concerning liability. The department shall, upon request,
10issue a written determination that a person who possesses or controls property on
11which a hazardous substance exists in the soil or groundwater is exempt from s.
12292.11 (3), (4) and (7) (b) and (c) if the person satisfies the applicable requirements
13in subs. (1) and (1m). The department may revoke its determination if it determines
14that any of the requirements in sub. (1) or (1m) cease to be met.
AB100-engrossed,1776,16
15(3) Fees. The department may, in accordance with rules that it promulgates,
16assess and collect fees to offset the costs of issuing determinations under sub. (2).
AB100-engrossed,1776,19
18292.15 (title)
Remediated property; purchaser Voluntary party
19remediation and exemption from liability.
AB100-engrossed, s. 3666
23Section
3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) and
24amended to read:
AB100-engrossed,1777,3
1292.15
(1) (f)
The person
"Voluntary party" means a person who did not
2otherwise intentionally or recklessly cause the release of a hazardous substance on
3the property.
AB100-engrossed,1777,115
292.15
(2) (a)
A purchaser Except as provided in sub. (6), a voluntary party is
6exempt from the provisions of
s. ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67,
7291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c)
and 292.31 (8), and
8rules promulgated under those provisions, with respect to the existence of a
9hazardous substance on the property
the release of which occurred prior to the date
10of acquisition of the property, if all of the following occur at any time before or after
11the date of acquisition:
AB100-engrossed,1777,1612
1.
The purchaser conducts a thorough An environmental investigation of the
13property
is conducted that is approved by the department
or the person from whom
14the purchaser acquires the property conducts a thorough environmental
15investigation of the property under a contract with the purchaser and the
16investigation is approved by the department.
AB100-engrossed,1777,2117
2. Except as provided in sub. (4), the
purchaser cleans up the property
is
18cleaned up by restoring the environment
to the extent practicable and minimizing
19the harmful effects from a
release discharge of
a the hazardous substance in
20accordance with rules promulgated by the department and any contract entered into
21under those rules.
AB100-engrossed,1777,2522
3. The
purchaser voluntary party obtains a
certification certificate of
23completion from the department that the property has been satisfactorily restored
24to the extent practicable and that the harmful effects from a
release discharge of a
25hazardous substance have been minimized.
AB100-engrossed,1778,3
14. The
purchaser voluntary party maintains and monitors the property as
2required under rules promulgated by the department and any contract entered into
3under those rules.
AB100-engrossed,1778,54
5. The
purchaser voluntary party does not engage in activities that are
5inconsistent with the maintenance of the property.
AB100-engrossed,1778,106
6. The
purchaser voluntary party has not obtained the certification under subd.
73. by fraud or misrepresentation, by the knowing failure to disclose material
8information or under circumstances in which the
purchaser voluntary party knew
9or should have known about more
environmental pollution discharges of hazardous
10substances than
was were revealed by the investigation conducted under subd. 1.