AB100: Bill Text Engrossed

AB100-engrossed, s. 3649 Section 3649. 292.01 (18) of the statutes is amended to read:

AB100-engrossed,1769,23 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.

AB100-engrossed, s. 3650 Section 3650. 292.11 (6) (c) 1. of the statutes is amended to read:

AB100-engrossed,1770,2 292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be credited to the environmental fund for environmental repair management.

AB100-engrossed, s. 3651 Section 3651. 292.11 (7) (d) of the statutes is created to read:

AB100-engrossed,1770,8 292.11 (7) (d) 1. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a person who possesses or controls a hazardous substance that was discharged or who caused the discharge of a hazardous substance if the discharge does not endanger public health.

AB100-engrossed,1770,11 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1.

AB100-engrossed, s. 3652 Section 3652. 292.11 (7) (e) of the statutes is created to read:

AB100-engrossed,1770,15 292.11 (7) (e) If a person violates an order under par. (c) or an agreement under par. (d), the department may refer the matter to the department of justice for enforcement under s. 299.95.

AB100-engrossed, s. 3654 Section 3654. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:

AB100-engrossed,1770,19 292.11 (9) (e) 1. "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4) or a housing authority.

AB100-engrossed, s. 3655 Section 3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

AB100-engrossed,1770,24 292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the municipality before, on or after May 13, 1994, in local government unit if any of the following ways applies:

AB100-engrossed, s. 3655m Section 3655m. 292.11 (9) (e) 1m. a. of the statutes is amended to read:

AB100-engrossed,1771,3 292.11 (9) (e) 1m. a. Through The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.

AB100-engrossed, s. 3656 Section 3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

AB100-engrossed,1771,7 292.11 (9) (e) 1m. b. From a municipality The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in subd. 1m. a.

AB100-engrossed, s. 3656e Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:

AB100-engrossed,1771,10 292.11 (9) (e) 1m. c. The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.

AB100-engrossed,1771,12 d. The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.

AB100-engrossed, s. 3657 Section 3657. 292.11 (9) (e) 1s. of the statutes is created to read:

AB100-engrossed,1771,21 292.11 (9) (e) 1s. An economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after the effective date of this subdivision .... [revisor inserts date], if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

AB100-engrossed, s. 3658 Section 3658. 292.11 (9) (e) 2. of the statutes is amended to read:

AB100-engrossed,1771,24 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to a discharge of a hazardous substance caused by any of the following:

AB100-engrossed,1771,25 a. An action taken by the municipality local governmental unit or corporation.

AB100-engrossed,1772,3 b. A failure of the municipality local governmental unit or corporation to take appropriate action to restrict access to the property in order to minimize costs or damages that may result from unauthorized persons entering the property.

AB100-engrossed,1772,6 c. A failure of the municipality local governmental unit or corporation to sample and analyze unidentified substances in containers stored aboveground on the property.

AB100-engrossed,1772,10 d. A failure of the municipality local governmental unit or corporation to remove and properly dispose of, or to place in a different container and properly store, any hazardous substance stored aboveground on the property in a container that is leaking or is likely to leak.

AB100-engrossed, s. 3659 Section 3659. 292.11 (9) (e) 3. of the statutes is created to read:

AB100-engrossed,1772,14 292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a discharge of a hazardous substance from an underground storage tank that is regulated under 42 USC 6991 to 6991i.

AB100-engrossed, s. 3660 Section 3660. 292.11 (9) (e) 4. of the statutes is created to read:

AB100-engrossed,1772,22 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the intended development and use of the property, the department determines that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department directs the local governmental unit or corporation to take that necessary action and the local governmental unit or corporation does not take that action as directed.

AB100-engrossed, s. 3660c Section 3660c. 292.11 (9) (e) 5. of the statutes is created to read:

AB100-engrossed,1772,25 292.11 (9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any of the following:

AB100-engrossed,1773,3 a. Respond to a discharge of a hazardous substance that poses an imminent threat to public health, safety or welfare or to the environment, on or off of the property.

AB100-engrossed,1773,6 b. Enter into an agreement with the department to conduct any necessary investigation and remediation activities at the property no later than 3 years after acquiring the property.

AB100-engrossed,1773,10 c. Allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take necessary action to respond to the discharge.

AB100-engrossed, s. 3660g Section 3660g. 292.11 (9) (g) of the statutes is created to read:

AB100-engrossed,1773,15 292.11 (9) (g) 1. In this paragraph, "petroleum contaminated soil" means soil that is contaminated with materials derived from petroleum, natural gas or asphalt, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.

AB100-engrossed,1773,17 2. A person is exempted from sub. (7) (b) and from the penalty requirements of this section if all of the following apply:

AB100-engrossed,1773,19 a. The person's act or omission was taken while performing services under contract with the department of transportation.

AB100-engrossed,1773,22 b. The act or omission involving the petroleum contaminated soil was consistent with the contract described in subd. 2. a. or was directed by the department of transportation.

AB100-engrossed,1773,23 3. Subd. 2. does not apply to any person:

AB100-engrossed,1773,25 a. Who brought petroleum contaminated soil onto the property or caused the soil to become petroleum contaminated soil.

AB100-engrossed,1774,3 b. Who is under a previous contract with a state agency other than the department of transportation to remove a hazardous substance from the property, or to treat a hazardous substance on the property.

AB100-engrossed,1774,5 c. Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.

AB100-engrossed, s. 3661 Section 3661. 292.13 of the statutes is created to read:

AB100-engrossed,1774,11 292.13 Property affected by off-site discharge. (1) Exemption from liability for groundwater contamination. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the groundwater on property possessed or controlled by the person if all of the following apply:

AB100-engrossed,1774,13 (a) The discharge of the hazardous substance originated from a source on property that is not possessed or controlled by the person.

AB100-engrossed,1774,15 (b) The person did not possess or control the hazardous substance on the property on which the discharge originated or cause the original discharge.

AB100-engrossed,1774,18 (c) The person conducts an investigation or submits other information, that the department determines is adequate, to substantiate that pars. (a) and (b) are satisfied.

AB100-engrossed,1774,22 (d) The person agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

AB100-engrossed,1774,24 (f) The person agrees to avoid any interference with action undertaken to respond to the discharge and to avoid actions that worsen the discharge.

AB100-engrossed,1775,3 (g) The person agrees to any other condition that the department determines is reasonable and necessary to ensure that the department or other person described in par. (d) can adequately respond to the discharge.

AB100-engrossed,1775,7 (1m) Exemption from liability for soil contamination. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil on property possessed or controlled by the person if all of the following apply:

AB100-engrossed,1775,9 (a) The discharge of the hazardous substance originated from a source on property that is not possessed or controlled by the person.

AB100-engrossed,1775,11 (b) The person did not possess or control the hazardous substance on the property on which the discharge originated or cause the original discharge.

AB100-engrossed,1775,14 (c) The person conducts an investigation or submits other information, that the department determines is adequate, to substantiate that pars. (a) and (b) are satisfied.

AB100-engrossed,1775,18 (d) The person agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

AB100-engrossed,1775,24 (e) The person agrees to take one or more of the following actions at the direction of the department if, after the department has made a reasonable attempt to notify the party who caused the discharge of the hazardous substance about the party's responsibilities under s. 292.11, the department determines that the action or actions are necessary to prevent an imminent threat to human health, safety or welfare or to the environment:

AB100-engrossed,1775,25 1. Limit public access to the property.

AB100-engrossed,1776,2 2. Identify, monitor and mitigate fire, explosion and vapor hazards on the property.

AB100-engrossed,1776,3 3. Visually inspect the property and install appropriate containment barriers.

AB100-engrossed,1776,5 (f) The person agrees to avoid any interference with action undertaken to respond to the discharge and to avoid actions that worsen the discharge.

AB100-engrossed,1776,8 (g) The person agrees to any other condition that the department determines is reasonable and necessary to ensure that the department or other person described in par. (d) can adequately respond to the discharge.

AB100-engrossed,1776,14 (2) Determinations concerning liability. The department shall, upon request, issue a written determination that a person who possesses or controls property on which a hazardous substance exists in the soil or groundwater is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if the person satisfies the applicable requirements in subs. (1) and (1m). The department may revoke its determination if it determines that any of the requirements in sub. (1) or (1m) cease to be met.

AB100-engrossed,1776,16 (3) Fees. The department may, in accordance with rules that it promulgates, assess and collect fees to offset the costs of issuing determinations under sub. (2).

AB100-engrossed, s. 3662 Section 3662. 292.15 (title) of the statutes is amended to read:

AB100-engrossed,1776,19 292.15 (title) Remediated property; purchaser Voluntary party remediation and exemption from liability.

AB100-engrossed, s. 3663 Section 3663. 292.15 (1) (c) (intro.) of the statutes is repealed.

AB100-engrossed, s. 3664d Section 3664d. 292.15 (1) (c) 1. of the statutes is repealed.

AB100-engrossed, s. 3665 Section 3665. 292.15 (1) (c) 2. of the statutes is repealed.

AB100-engrossed, s. 3666 Section 3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) and amended to read:

AB100-engrossed,1777,3 292.15 (1) (f) The person "Voluntary party" means a person who did not otherwise intentionally or recklessly cause the release of a hazardous substance on the property.

AB100-engrossed, s. 3669 Section 3669. 292.15 (2) (a) of the statutes is amended to read:

AB100-engrossed,1777,11 292.15 (2) (a) A purchaser Except as provided in sub. (6), a voluntary party is exempt from the provisions of s. ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence of a hazardous substance on the property the release of which occurred prior to the date of acquisition of the property, if all of the following occur at any time before or after the date of acquisition:

AB100-engrossed,1777,16 1. The purchaser conducts a thorough An environmental investigation of the property is conducted that is approved by the department or the person from whom the purchaser acquires the property conducts a thorough environmental investigation of the property under a contract with the purchaser and the investigation is approved by the department.

AB100-engrossed,1777,21 2. Except as provided in sub. (4), the purchaser cleans up the property is cleaned up by restoring the environment to the extent practicable and minimizing the harmful effects from a release discharge of a the hazardous substance in accordance with rules promulgated by the department and any contract entered into under those rules.

AB100-engrossed,1777,25 3. The purchaser voluntary party obtains a certification certificate of completion from the department that the property has been satisfactorily restored to the extent practicable and that the harmful effects from a release discharge of a hazardous substance have been minimized.

AB100-engrossed,1778,3 4. The purchaser voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

AB100-engrossed,1778,5 5. The purchaser voluntary party does not engage in activities that are inconsistent with the maintenance of the property.

AB100-engrossed,1778,10 6. The purchaser voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the purchaser voluntary party knew or should have known about more environmental pollution discharges of hazardous substances than was were revealed by the investigation conducted under subd. 1.

AB100-engrossed, s. 3670 Section 3670. 292.15 (2) (am) of the statutes is created to read:

AB100-engrossed,1778,19 292.15 (2) (am) The department may approve a partial cleanup and issue a certificate of completion as provided in par. (a) that states that not all of the property has been satisfactorily restored or that not all of the harmful effects from a discharge of a hazardous substance have been minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property or hazardous substances cleaned up under this paragraph. In addition to meeting the requirements of par. (a), a certificate for a partial cleanup under this paragraph may be issued only if:

AB100-engrossed,1778,24 1. Public health, safety or the environment will not be endangered by any hazardous substances remaining on or originating from the property after the partial cleanup, given the manner in which the property will be developed and used and any other factors that the department considers relevant to the endangerment of public health, safety or the environment.

AB100-engrossed,1779,4 2. The activities associated with any proposed use or development of the property will not aggravate or contribute to the discharge of a hazardous substance and will not unduly interfere with, or increase the costs of, restoring the property and minimizing the harmful effects of the discharge of a hazardous substance.

AB100-engrossed,1779,9 3. The owner of the property agrees to cooperate with the department to address problems caused by hazardous substances remaining on the property. Such cooperation shall include allowing access to the property or allowing the department or its authorized representatives to undertake activities on the property, including placement of borings, equipment and structures on the property.

AB100-engrossed, s. 3671 Section 3671. 292.15 (2) (ar) of the statutes is created to read:

AB100-engrossed,1779,13 292.15 (2) (ar) The department may require the owner of the property to grant an easement or other interest in the property for any of the purposes specified in par. (am) as a condition of issuing a certificate under par. (am).