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.
AB100-engrossed,1803,2019
4. That the floor within any area surrounded by a dike or other containment
20structure under subd. 3. is sealed or is otherwise impervious to dry cleaning solvent.
AB100-engrossed,1803,2221
5. That all dry cleaning solvent is delivered to the dry cleaning facility by means
22of a closed, direct-coupled delivery system.
AB100-engrossed,1804,2
23(6) Additional requirement for closed facilities. (a) To be eligible for an
24award under this section, the owner or operator of a dry cleaning facility that has
25ceased operating at the time that the owner or operator applies under sub. (8) (a)
1shall agree to pay all of the following each year for 30 years after the department
2issues the award:
AB100-engrossed,1804,43
1. An amount equal to the average annual license fee paid under s. 77.9961 (1)
4for that year.
AB100-engrossed,1804,65
2. An amount equal to the total amount collected under s. 77.9962 for that year
6divided by the number of dry cleaning facilities in operation during that year.
AB100-engrossed,1804,97
(b) An owner or operator to whom par. (a) applies shall guarantee payment
8under par. (a) by executing a note and mortgage on the site of the dry cleaning facility
9and a payment bond acceptable to the department.
AB100-engrossed,1804,1110
(c) All funds paid under this subsection shall be deposited in the dry cleaner
11environmental response fund.
AB100-engrossed,1804,14
12(7) Eligible costs. (a)
General. Subject to pars. (c), (ce), (cm) and (d), eligible
13costs for an award under this section include reasonable and necessary costs paid for
14the following items only:
AB100-engrossed,1804,1515
1. Removal of dry cleaning solvents from surface waters, groundwater or soil.
AB100-engrossed,1804,1716
2. Investigation and assessment of contamination caused by a dry cleaning
17solvent discharge from a dry cleaning facility.
AB100-engrossed,1804,1818
3. Preparation of remedial action plans.
AB100-engrossed,1804,1919
4. Removal of contaminated soils.
AB100-engrossed,1804,2020
5. Soil and groundwater treatment and disposal.
AB100-engrossed,1804,2121
6. Environmental monitoring.
AB100-engrossed,1804,2222
7. Laboratory services.
AB100-engrossed,1804,2423
8. Maintenance of equipment for dry cleaning solvent recovery performed as
24part of remedial action activities.
AB100-engrossed,1804,2525
9. Restoration or replacement of a private or public potable water supply.
AB100-engrossed,1805,1
110. Restoration of environmental quality.
AB100-engrossed,1805,22
11. Contractor costs for remedial action activities.
AB100-engrossed,1805,33
12. Inspection and supervision.
AB100-engrossed,1805,64
13. Those costs of purchase and installation of interim remedial equipment
5that qualify for reimbursement under s. 292.66 for which reimbursement was not
6received under s. 292.66.
AB100-engrossed,1805,97
14. Other costs identified by the department as reasonable and necessary for
8proper investigation, remedial action planning and remedial action activities to meet
9the requirements of s. 292.11.
AB100-engrossed,1805,1110
15. Compensation to 3rd parties for bodily injury and property damage caused
11by a dry cleaning solvent discharge from a dry cleaning facility.
AB100-engrossed,1805,1312
16. Financing for eligible activities under this paragraph as provided in par.
13(b).
AB100-engrossed,1805,1614
(b)
Financing costs. 1. Except as provided in subd. 2., eligible costs for an award
15under this section include the following costs of financing activities eligible for
16reimbursement under par. (a):
AB100-engrossed,1805,1717
a. Loan origination fees of up to 1% of the loan principal.
AB100-engrossed,1805,1918
b. Interest on a loan at no more than the prime rate as determined under rules
19promulgated by the department.
AB100-engrossed,1805,2220
2. Costs of financing activities that are undertaken after the effective date of
21this subdivision .... [revisor inserts date], and that are undertaken without the
22department's advance written approval are not eligible costs.
AB100-engrossed,1805,2423
(c)
Exclusions from eligible costs. Eligible costs for an award under this section
24do not include the following:
AB100-engrossed,1805,2525
1. Costs incurred before January 1, 1991.
AB100-engrossed,1806,1
12. Costs of retrofitting or replacing dry cleaning equipment.
AB100-engrossed,1806,42
3. Other costs that the department determines to be associated with, but not
3integral to, the investigation and remediation of a dry cleaning solvent discharge
4from a dry cleaning facility.
AB100-engrossed,1806,85
4. Costs, other than costs for compensating 3rd parties for bodily injury and
6property damage, that the department determines to be unreasonable or
7unnecessary to carry out the remedial action activities as specified in the remedial
8action plan.
AB100-engrossed,1806,109
5. Costs for investigations or remedial action activities conducted outside this
10state.
AB100-engrossed,1806,1311
(ce)
Usual and customary costs. The department may establish a schedule of
12usual and customary costs for any items under par. (a) and may use that schedule
13to determine the amount of an applicant's eligible costs.
AB100-engrossed,1806,2314
(cm)
Eligible cost; service providers. The department may promulgate rules
15under which the department selects service providers to provide investigation or
16remedial action services in specified areas. The rules may provide that the costs of
17a service for which the department has selected a service provider in an area are not
18eligible costs under par. (a), or that eligible costs are limited to the amount that the
19selected service provider would have charged, if an owner or operator of a dry
20cleaning facility located in that area uses a service provider other than the service
21provider selected by the department to perform the services. If the department
22selects service providers under this paragraph, it shall regularly update the list of
23service providers that it selects.
AB100-engrossed,1807,224
(d)
Discharges from multiple activities. If hazardous substances are discharged
25at a dry cleaning facility as a result of dry cleaning operations and as a result of other
1activities, eligible costs under this section are limited to activities necessitated by the
2discharge of dry cleaning solvent.
AB100-engrossed,1807,13
3(8) Awards. (a)
Application. An owner or operator shall submit an application
4on a form provided by the department. An owner or operator may not submit an
5application before September 1, 1998. An owner or operator may not submit an
6application after August 30, 2003, if the application relates to a dry cleaning facility
7that ceased to operate before September 1, 1998. An owner or operator may not
8submit an application after August 20, 2008, if the application relates to any other
9dry cleaning facility. The department shall authorize owners and operators to apply
10for awards at stages in the process under sub. (4) that the department specifies by
11rule. An application shall include all of the following documentation of activities,
12plans and expenditures associated with the eligible costs incurred because of a dry
13cleaning solvent discharge from a dry cleaning facility:
AB100-engrossed,1807,1414
1. A record of investigation results and data interpretation.
AB100-engrossed,1807,1515
2. A remedial action plan.
AB100-engrossed,1807,1716
3. Contracts for eligible costs incurred because of the discharge and records of
17the contract negotiations.
AB100-engrossed,1807,1918
4. Accounts, invoices, sales receipts or other records documenting actual
19eligible costs incurred because of the discharge.
AB100-engrossed,1807,2120
5. Other records and statements that the department determines to be
21necessary to complete the application.
AB100-engrossed,1807,2322
(b)
Acknowledgement. The department shall acknowledge, in writing, the
23receipt of an application under par. (a).
AB100-engrossed,1808,524
(c)
Approval. Subject to par. (d), if the department finds that an applicant
25meets the requirements of this section and rules promulgated under this section, the
1department shall make an award as provided in this subsection to reimburse the
2applicant for eligible costs paid. The department may not make an award for an
3investigation before it approves the investigation. The department may not make
4an award for remedial action activities before it approves the remedial action
5activities.
AB100-engrossed,1808,76
(d)
Denial of applications. The department shall deny an application under
7this section if any of the following applies:
AB100-engrossed,1808,88
1. The application is not within the scope of this section.
AB100-engrossed,1808,99
2. The applicant submits a fraudulent application.
AB100-engrossed,1808,1110
3. The applicant has been grossly negligent in the maintenance of the dry
11cleaning facility.
AB100-engrossed,1808,1212
4. The applicant intentionally damaged the dry cleaning equipment.
AB100-engrossed,1808,1313
5. The applicant falsified records.
AB100-engrossed,1808,1514
6. The applicant willfully failed to comply with laws or rules of this state
15concerning the use or disposal of dry cleaning solvents.
AB100-engrossed,1808,1716
7. The applicant has not paid all of the fees under ss. 77.9961, 77.9962 and
1777.9963.
AB100-engrossed,1808,2018
8. The dry cleaning solvent discharge was caused by a person who provided
19services or products to the owner or operator or to a prior owner or operator of the
20dry cleaning facility.
AB100-engrossed,1808,2421
(e)
Deductible. 1. The department may reimburse the owner or operator of a
22dry cleaning facility that is operating at the time that the owner or operator applies
23under par. (a) only for eligible costs incurred at each dry cleaning facility that exceed
24the following deductible:
AB100-engrossed,1808,2525
a. If eligible costs are $200,000 or less, $10,000.
AB100-engrossed,1809,2
1b. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8%
2of the amount by which eligible costs exceed $200,000.
AB100-engrossed,1809,43
c. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which
4eligible costs exceed $400,000, but the maximum deductible is $46,000.
AB100-engrossed,1809,75
3. The department may reimburse the owner or operator of a dry cleaning
6facility that has ceased operation before the owner or operator applies under par. (a)
7only for eligible costs that exceed the sum of the following:
AB100-engrossed,1809,88
a. Ten thousand dollars.
AB100-engrossed,1809,119
b. For each year in which the owner or operator has not paid the annual license
10fee under s. 77.9961 (1) for the dry cleaning facility, an amount equal to the average
11annual license fee paid under s. 77.9961 (1) for that year.
AB100-engrossed,1809,1512
c. For each year in which the dry cleaning solvents fee under s. 77.9962 was
13imposed and the dry cleaning facility was not in operation, an amount equal to the
14total amount collected under s. 77.9962 for that year divided by the number of dry
15cleaning facilities in operation during that year.
AB100-engrossed,1809,1916
d. If the owner or operator did not pay the inventory fee under s. 77.9963 with
17respect to the dry cleaning facility, an amount equal to the total amount collected
18under s. 77.9963 divided by the number of dry cleaning facilities paying the
19inventory fee.