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.
AB100-engrossed,1778,1912
292.15
(2) (am) The department may approve a partial cleanup and issue a
13certificate of completion as provided in par. (a) that states that not all of the property
14has been satisfactorily restored or that not all of the harmful effects from a discharge
15of a hazardous substance have been minimized. Approval of a partial cleanup
16exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c)
17with respect to the portion of the property or hazardous substances cleaned up under
18this paragraph. In addition to meeting the requirements of par. (a), a certificate for
19a partial cleanup under this paragraph may be issued only if:
AB100-engrossed,1778,2420
1. Public health, safety or the environment will not be endangered by any
21hazardous substances remaining on or originating from the property after the
22partial cleanup, given the manner in which the property will be developed and used
23and any other factors that the department considers relevant to the endangerment
24of public health, safety or the environment.
AB100-engrossed,1779,4
12. The activities associated with any proposed use or development of the
2property will not aggravate or contribute to the discharge of a hazardous substance
3and will not unduly interfere with, or increase the costs of, restoring the property and
4minimizing the harmful effects of the discharge of a hazardous substance.
AB100-engrossed,1779,95
3. The owner of the property agrees to cooperate with the department to
6address problems caused by hazardous substances remaining on the property. Such
7cooperation shall include allowing access to the property or allowing the department
8or its authorized representatives to undertake activities on the property, including
9placement of borings, equipment and structures on the property.
AB100-engrossed,1779,1311
292.15
(2) (ar) The department may require the owner of the property to grant
12an easement or other interest in the property for any of the purposes specified in par.
13(am) as a condition of issuing a certificate under par. (am).
AB100-engrossed,1779,1815
292.15
(2) (b) (intro.) The
exemption
exemptions provided in
par. pars. (a)
16continues and (am) continue to apply after the date of certification by the department
17under par. (a) 3.
, or approval by the department under par. (am), notwithstanding
18the occurrence of any of the following:
AB100-engrossed,1779,2220
292.15
(2) (b) 1. Statutes, rules or regulations are created or amended that
21would impose greater responsibilities on the
purchaser
voluntary party than those
22imposed under par. (a) 2.
AB100-engrossed,1780,223
2. The
purchaser voluntary party fully complies with the rules promulgated by
24the department and any contract entered into under those rules under par. (a) 2. but
1it is discovered that the cleanup fails to fully restore the environment and minimize
2the effects from a
release discharge of a hazardous substance.
AB100-engrossed,1780,53
3. The contamination from a hazardous substance that is the subject of the
4cleanup under par. (a) 2. is discovered to be more extensive than anticipated by the
5purchaser voluntary party and the department.
AB100-engrossed,1780,107
292.15
(2) (c) The department of justice may not commence an action under
42
8USC 9607 against any
purchaser voluntary party meeting the criteria of this
9subsection to recover costs for which the
purchaser
voluntary party is exempt under
10pars. (a)
, (am) and (b).
AB100-engrossed,1780,1312
292.15
(2) (d) This subsection does not apply to a municipal waste landfill, as
13defined in s. 289.01 (22), or to an approved facility.
AB100-engrossed,1780,2015
292.15
(3) Successors and assigns. The exemption provided in sub. (2) applies
16to any successor or assignee of the
purchaser voluntary party who qualifies as a
17voluntary party and who complies with the provisions of sub. (2) (a) 4. and 5. unless
18the successor or assignee knows that a
certification
certificate under sub. (2) (a) 3.
19or (am) was obtained by any of the means or under any of the circumstances specified
20in sub. (2) (a) 6.
AB100-engrossed,1780,2422
292.15
(3m) Tenants and lessees. The exemption provided in sub. (2) applies
23to any tenant or lessee of property on which a hazardous substance is discharged if
24the property is owned by a voluntary party.
AB100-engrossed,1781,6
1292.15
(4) Limited responsibility. The responsibility of a
purchaser voluntary
2party under sub. (2) (a) 2. may be monetarily limited by agreement between the
3purchaser voluntary party and the department if the
purchaser voluntary party 4purchased the property from a municipality that acquired the property in a way
5described in s. 292.11 (9) (e) 1m. a. or b. The agreement shall stipulate all of the
6following:
AB100-engrossed,1781,87
(a) That the
purchaser voluntary party may cease the cleanup when the cost
8of the cleanup equals 125% of the anticipated expense of the cleanup.
AB100-engrossed,1781,119
(b) That the
purchaser voluntary party will continue to receive the benefit of
10the exemption under sub. (2) (a) after cessation of the cleanup if the
purchaser 11voluntary party complies with sub. (2) (a) 4. and 5.
AB100-engrossed,1781,1512
(c) That, if the
purchaser voluntary party ceases the cleanup, the
purchaser 13voluntary party shall use reasonable efforts to sell the property in accordance with
14rules of the department that define "reasonable efforts" in a manner substantively
15equivalent to
40 CFR 300.1100 (d) (2) (i).
AB100-engrossed,1781,2117
292.15
(5) Fees. The department may, in accordance with rules that it
18promulgates, assess and collect fees from a
purchaser
voluntary party to offset the
19cost of the department's activities under subs. (2) and (4). The fees may include an
20advance deposit, from which the department shall return the amount in excess of the
21cost of the department's activities under subs. (2) and (4).
AB100-engrossed,1782,523
292.15
(5m) Prospective purchaser assurance letters. The secretary, in
24accordance with rules promulgated by the department, may issue to a prospective
25purchaser of property a letter certifying that the prospective purchaser is entitled to
1the exemptions described under sub. (2). The secretary may condition the
2entitlement to the exemptions upon the prospective purchaser's taking action as
3provided in this section and in a manner considered satisfactory to the department.
4Notwithstanding sub. (1) (f), a person to whom the secretary issues a letter under this
5subsection shall be considered to be a voluntary party under this section.
AB100-engrossed,1782,97
292.15
(6) Liens. This section does not exempt property from any lien filed
8under s. 292.81 (3) for costs incurred by the department prior to the date that
9certification is issued under sub. (2) (a) 3.
AB100-engrossed,1782,1111
292.15
(7) Applicability. This section does not apply to any of the following:
AB100-engrossed,1782,1312
(a) A hazardous waste treatment, storage or disposal facility that first begins
13operation after the date on which the voluntary party acquired the property.
AB100-engrossed,1782,1714
(b) A licensed hazardous waste treatment, storage or disposal facility operated
15on the property before the date on which the voluntary party acquired the property
16and that is operated after the date on which the voluntary party acquired the
17property.
AB100-engrossed,1782,2118
(c) Any hazardous waste disposal facility that has been issued a license under
19s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those
20sections, for a period of long-term care following closure of the facility if the license
21was issued on or before the effective date of this paragraph .... [revisor inserts date].
AB100-engrossed,1782,24
23292.16 Responsibility of certain municipalities acquiring closed
24landfills. (1) Definition. In this section:
AB100-engrossed,1782,2525
(a) "Generator" has the meaning given in s. 292.35 (1) (b).
AB100-engrossed,1783,1
1(b) "Transporter" has the meaning given in s. 292.35 (1) (g).
AB100-engrossed,1783,4
2(2) Application. A municipality may apply to the department for an exemption
3from liability with respect to property that contains a closed landfill and that is
4acquired by the municipality before, on or after the effective date of this subsection.
AB100-engrossed,1783,6
5(3) Conditions for approval. The department shall approve an application
6under sub. (2) if all of the following apply: