AB100-engrossed,1792,158
292.35
(6) (b) The
political subdivision local governmental unit and the
9responsible parties that did not reach an agreement under sub. (5) shall accept or
10reject the umpire's recommendation within 60 days after receiving it. Failure to
11accept or reject the recommendation within 60 days shall be considered rejection of
12the recommendation. If the
political subdivision
local governmental unit rejects the
13recommendation with respect to any responsible party, the recommendation does not
14apply to that responsible party. If a responsible party rejects the recommendation,
15it does not apply to that responsible party.
AB100-engrossed,1793,417
292.35
(7) Responsible parties subject to an agreement or recommendation. 18A responsible party that enters into an agreement under sub. (5) with a
political
19subdivision local governmental unit or that accepts the umpire's recommendation
20under sub. (6), if the
political subdivision local governmental unit does not reject the
21recommendation, is required to comply with the agreement or recommendation.
22When the responsible party has complied with the agreement or recommendation,
23the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
24292.31 (8), or to the
political subdivision local governmental unit for any additional
25costs of the investigation or remedial action; the responsible party is not liable to any
1other responsible party for contribution to costs incurred by any other responsible
2party for the investigation or remedial action; and the responsible party is not subject
3to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
4or recommendation.
AB100-engrossed,1793,86
292.35
(8) (b) (intro.) A
political subdivision local governmental unit is entitled
7to recover litigation expenses and interest on the judgment against a responsible
8party if any of the following occurs:
AB100-engrossed,1793,1410
292.35
(8) (b) 1. The
political subdivision local governmental unit accepts the
11recommendation of an umpire under sub. (6), the responsible party rejects it and the
12political subdivision local governmental unit recovers a judgment under sub. (9)
13against that responsible party that equals or exceeds the amount of the umpire's
14recommendation.
AB100-engrossed,1793,2116
292.35
(8) (b) 2. The
political subdivision local governmental unit and the
17responsible party enter into an agreement under sub. (5) or accept the umpire's
18recommendation under sub. (6), the responsible party does not comply with the
19requirements of the agreement or recommendation and the
political subdivision 20local governmental unit recovers a judgment against that responsible party based
21on the agreement or recommendation.
AB100-engrossed,1794,623
292.35
(8) (c) A responsible party is entitled to recover litigation expenses from
24a
political subdivision local governmental unit if the responsible party accepts the
25recommendation of an umpire under sub. (6), the
political subdivision local
1governmental unit rejects the recommendation of the umpire under sub. (6) with
2respect to the responsible party, the
political subdivision local governmental unit 3institutes an action under sub. (9) against the responsible party and the
political
4subdivision local governmental unit recovers a judgment under sub. (9) against the
5responsible party that is equal to or less than the amount of the umpire's
6recommendation.
AB100-engrossed, s. 3715
7Section
3715. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and
8amended to read:
AB100-engrossed,1794,159
292.35
(9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s.
10292.21, a responsible party is liable for a portion of the costs, as determined under
11pars. (c) to (e), incurred by a
political subdivision
local governmental unit for
12remedial action in an agreement under sub. (5) or a recommendation under sub. (6)
13and for any related investigation. A right of action shall accrue to a
political
14subdivision local governmental unit against the responsible party for costs listed in
15this
subdivision paragraph.
AB100-engrossed,1794,2118
292.41
(6) (c) The department is entitled to recover moneys expended under
19this section from any person who caused the containers to be abandoned or is
20responsible for the containers. The funds recovered under this paragraph shall be
21deposited into the environmental fund for environmental
repair management.
AB100-engrossed,1795,424
292.51
(2) The department may seek and receive voluntary contributions of
25funds from a municipality or any other public or private source for all or part of the
1costs of remedying environmental contamination if the activities being funded are
2part of a cooperative effort, by the department and the person providing the funds,
3to remedy that environmental contamination.
All contributions received under this
4subsection shall be deposited in the environmental fund.
AB100-engrossed,1795,8
6292.55 Requests for liability clarification and technical assistance. (1) 7(a) The department may, upon request, assist a person to determine whether the
8person is or may become liable for the environmental pollution of a property.
AB100-engrossed,1795,119
(b) The department may, upon request, assist in, or provide comments on, the
10planning and implementation of an environmental investigation of a property or the
11environmental cleanup of a property.
AB100-engrossed,1795,1312
(c) The department may determine whether further action is necessary to
13remedy environmental pollution of a property.
AB100-engrossed,1795,1514
(d) The department may issue a letter to a person seeking assistance under this
15subsection concerning any of the following:
AB100-engrossed,1795,1716
1. The liability of a person owning or leasing a property for environmental
17pollution of the property.
AB100-engrossed,1795,1818
2. The type and extent of environmental pollution of a property.
AB100-engrossed,1795,1919
3. The adequacy of an environmental investigation.
AB100-engrossed,1795,2020
4. Any other matter related to the request for assistance under this subsection.
AB100-engrossed,1795,24
21(2) The department may assess and collect fees from a person to offset the costs
22of providing assistance under sub. (1). The department shall promulgate rules for
23the assessment and collection of fees under this subsection. Fees collected under this
24subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).
AB100-engrossed,1796,3
2292.65 Dry cleaner environmental response program. (1) Definitions. 3In this section and s. 292.66:
AB100-engrossed,1796,74
(a) "Bodily injury" does not include those liabilities that are excluded from
5coverage in liability insurance policies for bodily injury other than liabilities
6excluded because they are caused by a dry cleaning solvent discharge from a dry
7cleaning facility.
AB100-engrossed,1796,108
(b) "Case closure letter" means a letter provided by the department that states
9that, based on information available to the department, no further remedial action
10is necessary with respect to a dry cleaning solvent discharge.
AB100-engrossed,1796,1211
(d) "Dry cleaning facility" means a facility for dry cleaning apparel or household
12fabrics for the general public other than a facility that is one of the following:
AB100-engrossed,1796,1313
1. A coin-operated facility.
AB100-engrossed,1796,1414
2. A facility that is located on a U.S. military installation.
AB100-engrossed,1796,1515
3. An industrial laundry.
AB100-engrossed,1796,1616
4. A commercial laundry.
AB100-engrossed,1796,1717
5. A linen supply facility.
AB100-engrossed,1796,1818
6. A facility that is located at a prison or other penal institution.
AB100-engrossed,1796,2019
7. A facility that is located at a nonprofit hospital or at another nonprofit health
20care institution.
AB100-engrossed,1796,2321
8. A facility that is located on property that is owned by the federal government
22or by this state or that is located on property that was owned by the federal
23government or by this state when the facility was operating.
AB100-engrossed,1797,3
1(e) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based
2formulation or product that is used as a primary cleaning agent in dry cleaning
3facilities.
AB100-engrossed,1797,44
(g) "Groundwater" has the meaning given in s. 281.75 (1) (c).
AB100-engrossed,1797,115
(gm) "Immediate action" means a remedial action that is taken within a short
6time after a discharge of dry cleaning solvent occurs, or after the discovery of a
7discharge of dry cleaning solvent, to halt the discharge, contain or remove discharged
8dry cleaning solvent or remove contaminated soil or water in order to restore the
9environment to the extent practicable and to minimize the harmful effects of the
10discharge to air, lands and waters of the state and to eliminate any imminent threat
11to public health, safety or welfare.
AB100-engrossed,1797,1212
(h) "Operator" means any of the following:
AB100-engrossed,1797,1313
1. A person who holds the license under s. 77.9961 (2) for a dry cleaning facility.
AB100-engrossed,1797,1414
2. A subsidiary or parent corporation of the person specified under subd. 1.
AB100-engrossed,1797,1515
(i) "Owner" means any of the following:
AB100-engrossed,1797,2016
1. A person who owns, or has possession or control of, a dry cleaning facility,
17or who receives direct or indirect consideration from the operation of a dry cleaning
18facility regardless of whether the dry cleaning facility remains in operation and
19regardless of whether the person owns or receives consideration at the time that
20environmental pollution occurs.
AB100-engrossed,1797,2121
2. A subsidiary or parent corporation of the person specified under subd. 1.
AB100-engrossed,1797,2322
(j) "Program year" means the period beginning on July 1, and ending on the
23following June 30.
AB100-engrossed,1798,324
(k) "Property damage" does not include those liabilities that are excluded from
25coverage in liability insurance policies for property damage, other than liability for
1remedial action associated with dry cleaning solvent discharges from affected dry
2cleaning facilities. "Property damage" does not include the loss of fair market value
3resulting from a discharge.
AB100-engrossed,1798,74
(L) "Service provider" means a consultant, testing laboratory, monitoring well
5installer, soil boring contractor, other contractor, lender or any other person who
6provides a product or service for which an application for reimbursement has been
7or will be filed under this section, or a subcontractor of such a person.
AB100-engrossed,1798,118
(m) "Subsidiary or parent corporation" means a business entity, including a
9subsidiary, parent corporation or other business arrangement, that has elements of
10common ownership or control or that uses a long-term contractual arrangement
11with a person to avoid direct responsibility for conditions at a dry cleaning facility.
AB100-engrossed,1798,17
12(2) Rules concerning 3rd-party compensation. The commissioner of
13insurance shall promulgate rules defining "liabilities that are excluded from
14coverage in liability insurance policies for bodily injury" and "liabilities that are
15excluded from coverage in liability insurance policies for property damage" for the
16purposes of sub. (1) (a) and (k). The definitions shall be consistent with standard
17insurance industry practices.
AB100-engrossed,1798,19
18(3) Duties of the department. (a) The department shall promulgate rules for
19the administration of the program under this section.
AB100-engrossed,1798,2320
(am) 1. The department shall establish a method for determining the order in
21which it pays awards under this section. Except as provided in subds. 2. and 3., the
22method shall be based on environmental factors and on the order in which
23applications are received.
AB100-engrossed,1799,224
2. The department shall pay an award for immediate action activities within
252 working days of receipt of the application. For the purposes of this subdivision,
1removal of contaminated soils and recovery of free dry cleaning solvent are not
2considered immediate action activities.
AB100-engrossed,1799,53
3. After awards for immediate action activities, the department shall give
4highest priority to paying awards for eligible costs incurred before the effective date
5of this subdivision .... [revisor inserts date].
AB100-engrossed,1799,76
(b) The department shall promote the program under this section to persons
7who may be eligible for awards.
AB100-engrossed,1799,108
(c) The department shall allocate 9.7% of the funds appropriated under s.
920.370 (6) (eq) in each fiscal year for awards for immediate action activities and
10applications that exceed the amount anticipated.
AB100-engrossed,1799,1711
(cm) 1. If the department determines that immediate action is necessary in
12response to a discharge of dry cleaning solvent, the owner or operator of the dry
13cleaning facility conducts the immediate action and is eligible for an award under
14this section and the amounts appropriated under s. 20.370 (6) (eq) are not sufficient
15to pay the award, the department shall pay the award using funds under s. 20.370
16(2) (dv). Awards under this subdivision have priority over other payments under s.
1720.370 (2) (dv) except for payments under s. 292.31 (4) and (5).
AB100-engrossed,1799,2018
2. Whenever the department of natural resources pays an award under subd.
191., it shall provide a notice to the department of revenue stating the amount of the
20award.
AB100-engrossed,1799,2221
(d) The department shall keep records and statistics on the program under this
22section and shall periodically evaluate the effectiveness of the program.
AB100-engrossed,1800,723
(e) No later than January 1, 2002, the department shall complete a review of
24the program under this section and shall submit a report on the results of the review
25to the joint committee on finance and to the appropriate standing committees of the
1legislature, as determined by the speaker of the house and the president of the
2senate, under s. 13.172 (3). The report shall include the department's
3recommendations for changes to the program. The review shall include
4consideration of whether the program should be expanded or ended, whether the
5program should be incorporated into a broader program of financial assistance for
6the remediation of environmental contamination and whether private insurance
7coverage should be required for any dry cleaning facilities.
AB100-engrossed,1800,11
8(4) Process; eligibility. (a)
General requirements. To be eligible for an award
9under this section, the owner or operator of a dry cleaning facility shall comply with
10pars. (b), (c), (e), (f) and (j) and the other requirements of this section applicable to
11the owner or operator.
AB100-engrossed,1800,1312
(b)
Report. An owner or operator shall report a dry cleaning solvent discharge
13to the department in a timely manner, as provided in s. 292.11.
AB100-engrossed,1800,1714
(c)
Notification of potential claim. 1. An owner or operator shall notify the
15department, before conducting a site investigation or any remedial action activity,
16of the potential for submitting an application for an award under this section, except
17as provided in subd. 2.
AB100-engrossed,1800,2018
2. Subdivision 1. does not apply to an owner or operator who began a site
19investigation or remedial action activity before the effective date of this subdivision
20.... [revisor inserts date].
AB100-engrossed,1800,2421
(d)
Information from department. When an owner or operator notifies the
22department under par. (c) 1., the department shall provide the owner or operator
23with information on the program under this section and the department's estimate
24of the eligibility of the owner or operator for an award under this section.
AB100-engrossed,1801,4
1(e)
Investigation. After notifying the department under par. (c) 1., if applicable,
2and before conducting remedial action activities, an owner or operator shall complete
3an investigation to determine the extent of environmental impact of the dry cleaning
4solvent discharge, except as provided in pars. (g) and (h).
AB100-engrossed,1801,95
(f)
Remedial action plan. After completing the investigation under par. (e) and
6before conducting remedial action activities, an owner or operator shall prepare a
7remedial action plan, based on the investigation under par. (e), that identifies
8specific remedial action activities proposed to be conducted, except as provided in
9pars. (g) and (h).
AB100-engrossed,1801,1210
(g)
Immediate action. An owner or operator is not required to complete an
11investigation or prepare a remedial action plan before conducting an immediate
12action activity if the department determines that an immediate action is necessary.
AB100-engrossed,1801,1613
(h)
Interim remedial equipment. An owner or operator may install interim
14remedial equipment for which the owner or operator would be eligible for
15reimbursement under s. 292.66 before completing a site investigation or remedial
16action plan.
AB100-engrossed,1801,2417
(i)
Review of site investigation and remedial action plan. The department shall,
18at the request of an owner or operator, review the site investigation results and the
19remedial action plan and advise the owner or operator on the adequacy of the
20proposed remedial action activities in meeting the requirements of this section. The
21department shall complete the review of the site investigation and remedial action
22plan within 45 days. The department shall also provide an estimate of when funding
23will be available to pay an award for remedial action conducted in response to the dry
24cleaning solvent discharge.
AB100-engrossed,1802,3
1(j)
Remedial action. The owner or operator shall conduct all remedial action
2activities that are required under this section in response to the dry cleaning solvent
3discharge, including all of the following:
AB100-engrossed,1802,44
1. Recovering any recoverable dry cleaning solvent from the environment.
AB100-engrossed,1802,65
2. Managing any residual solid or hazardous waste in a manner consistent with
6local, state and federal law.
AB100-engrossed,1802,87
3. Restoring groundwater according to the standards promulgated by the
8department under ss. 160.07 and 160.09.
AB100-engrossed,1802,129
(k)
Agents. An owner or operator may enter into a written agreement with
10another person under which that other person acts as an agent for the owner or
11operator in conducting the activities required under par. (j). The owner or operator
12and the agent shall jointly submit the application for an award under this section.
AB100-engrossed,1802,1813
(L)
Awards for dry cleaning facilities on tribal trust lands. The owner or
14operator of a dry cleaning facility located on trust lands of an American Indian tribe
15may be eligible for an award under this section if the owner or operator otherwise
16satisfies the requirements of this subsection and complies with the rules
17promulgated under this section and any other rules promulgated by the department
18concerning dry cleaning facilities.
AB100-engrossed,1802,23
19(5) Enhanced pollution prevention measures. (a) 1. The owner or operator
20of a dry cleaning facility on which construction begins after the effective date of this
21subdivision .... [revisor inserts date], is not eligible for an award under this section
22unless the owner or operator has implemented the enhanced pollution prevention
23measures described in par. (b).
AB100-engrossed,1803,524
2. The owner or operator of a dry cleaning facility on which construction began
25on or before the effective date of this subdivision .... [revisor inserts date], is ineligible
1for an award under this section with respect to a discharge that occurs on or after the
291st day after the day on which the department issues a case closure letter with
3respect to an earlier discharge of dry cleaning solvent from the dry cleaning facility,
4unless the owner or operator has implemented the enhanced pollution prevention
5measures described in par. (b).
AB100-engrossed,1803,76
(b) An owner or operator who is required to implement enhanced pollution
7prevention measures shall demonstrate all of the following:
AB100-engrossed,1803,108
1. That the owner or operator manages all wastes that are generated at the dry
9cleaning facility and that contain dry cleaning solvent as hazardous wastes in
10compliance with ch. 291 and
42 USC 6901 to
6991i.
AB100-engrossed,1803,1311
2. That the dry cleaning facility does not discharge dry cleaning solvent or
12wastewater from dry cleaning machines into any sanitary sewer or septic tank or into
13the waters of this state.
AB100-engrossed,1803,1814
3. That each machine or other piece of equipment in which dry cleaning solvent
15is used, or the entire area in which those machines or pieces of equipment are located,
16is surrounded by a containment dike or other containment structure that is able to
17contain any leak, spill or other release of dry cleaning solvent from the machines or
18other pieces of equipment.