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:
AB100-engrossed,1783,77
(a) The landfill is closed when the municipality acquires the property.
AB100-engrossed,1783,98
(b) The landfill closure complies with all rules of the department at the time
9of the application under sub. (2).
AB100-engrossed,1783,1110
(c) The municipality did not have an ownership interest in the landfill while
11the landfill was in operation.
AB100-engrossed,1783,1312
(d) The municipality enters into an agreement with the department that
13contains requirements for the municipality to maintain the property.
AB100-engrossed,1783,1514
(e) The department determines that an exemption from liability under this
15section is in the public interest.
AB100-engrossed,1783,1616
(f) The landfill was privately owned while it was in operation.
AB100-engrossed,1783,1717
(g) The landfill has caused groundwater contamination.
AB100-engrossed,1783,2118
(h) A steering committee of local public and private representatives was formed
19to address the contamination caused by the landfill in a cooperative effort with the
20department that prevented the landfill from being listed on the national priority list
21under
42 USC 9605 (a) (8) (B).
AB100-engrossed,1783,2322
(i) The remedial action approved by the department authorized a recreational
23use for the property and was completed by December 31, 1995.
AB100-engrossed,1784,4
24(4) Scope of exemption. An approval by the department under sub. (3)
25exempts the municipality from liability imposed under ss. 289.05, 289.41, 289.46,
1289.95, 291.37, 291.85 (2), 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
2promulgated under those provisions, based on the municipality's ownership of the
3property. The exemption does not apply to any liability based on hazardous
4substances for which the municipality is responsible as a generator or transporter.
AB100-engrossed,1784,6
5(5) Requirements. If the department approves a municipality's application
6under sub. (3), the municipality shall do all of the following:
AB100-engrossed,1784,97
(a) Obtain the prior approval of the department for any proposed uses of the
8property, for any physical disturbance of the soil and for any construction on the
9property.
AB100-engrossed,1784,1210
(b) Allow access to the property by any person who is required to conduct
11monitoring, to operate and maintain equipment or to undertake remedial action in
12connection with the closed landfill.
AB100-engrossed,1784,18
14292.19 Responsibility of persons conducting investigations. (1) For
15purposes of this chapter, a person who conducts an investigation of property to
16determine the existence of, or to obtain information about, a discharge of a hazardous
17substance does not possess or control the hazardous substance or cause the discharge
18of the hazardous substance as the result of conducting the investigation.
AB100-engrossed,1784,21
19(2) If the person who conducts the investigation physically causes a discharge,
20sub. (1) does not apply with respect to the portion of the property on which the person
21causes the discharge.
AB100-engrossed,1784,24
23292.26 Civil immunity; local governmental units. (1) In this section,
24"local governmental unit" has the meaning given in s. 292.11 (9) (e) 1.
AB100-engrossed,1785,5
1(2) Except as provided in sub. (3), a local governmental unit is immune from
2civil liability related to the discharge of a hazardous substance on or from property
3formerly owned or controlled by the local governmental unit if the property is no
4longer owned by the local governmental unit at the time that the discharge is
5discovered and if any of the following applies:
AB100-engrossed,1785,76
(a) The local governmental unit acquired the property through tax delinquency
7proceedings or as the result of an order by a bankruptcy court.
AB100-engrossed,1785,98
(b) The local governmental unit acquired the property from a local
9governmental unit that acquired the property under a method described in par. (a).
AB100-engrossed,1785,1110
(c) The local governmental unit acquired the property through condemnation
11or other proceeding under ch. 32.
AB100-engrossed,1785,1312
(d) The local governmental unit acquired the property for the purpose of slum
13clearance or blight elimination.