SB77,1465,107 5. If a political subdivision does not comply with the criteria in par. (b) during
8the annual review or at any special review, the political subdivision shall establish
9proof of financial responsibility utilizing one of the standard methods under sub. (3)
10within 90 days after the department issues its findings.
SB77,1465,1211 (e) Variances. The department may not grant a variance to any requirement
12of this subsection.
SB77,1465,1713 (f) Joint ownership. If a solid waste disposal facility or hazardous waste facility
14is owned or operated by more than one political subdivision, any of the political
15subdivisions may seek to establish proof of financial responsibility under this
16subsection. The requirements of this subsection apply to each political subdivision
17in proportion to its interest in the facility.
SB77, s. 3635 18Section 3635. 289.41 (11) (a) 5. of the statutes is created to read:
SB77,1466,619 289.41 (11) (a) 5. And if the owner or operator received approval to use the fiscal
20capacity method of proving financial responsibility under sub. (3m), the department
21shall notify the department of administration of the amount, as determined under
22sub. (3m), necessary to pay for the costs of complying with the closure and long-term
23care requirements of the plan of operation or approved plan under s. 291.29 After
24receiving notice from the department of natural resources, the department of
25administration shall collect the amounts due by deducting those amounts from any

1state payments due the political subdivision or may add a special charge to the
2amount of taxes apportioned to and levied upon the county under s. 70.60. The
3department of administration shall deposit those amounts in the waste management
4fund. The amounts collected under this subdivision from state payments due the
5political subdivision shall be collected from the amount of payments due after
6collection of any principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3636 7Section 3636. 289.41 (11) (am) 5. of the statutes is created to read:
SB77,1466,208 289.41 (11) (am) 5. And if the owner or operator received approval to use the
9fiscal capacity method of proving financial responsibility under sub. (3m), the
10department of natural resources shall determine the amounts necessary to pay for
11the costs of complying with corrective action requirements under s. 291.37 and shall
12notify the department of administration of those amounts. After receiving notice
13from the department of natural resources, the department of administration shall
14collect the amounts due by deducting those amounts from any state payments due
15the political subdivision or may add a special charge to the amount of taxes
16apportioned to and levied upon the county under s. 70.60. The department of
17administration shall deposit those amounts in the waste management fund. The
18amounts collected under this subdivision from state payments due the political
19subdivision shall be collected from the amount of payments due after collection of any
20principal repayment or interest payments under s. 281.59 (11) (b).
SB77, s. 3637 21Section 3637. 289.43 (7) (e) 3. of the statutes is amended to read:
SB77,1466,2322 289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the
23appropriation appropriations under s. 20.370 (2) (dg) and (9) (mj).
SB77, s. 3638 24Section 3638. 289.62 (1) (g) of the statutes is amended to read:
SB77,1467,2
1289.62 (1) (g) Use of tonnage fees. Tonnage fees paid by a nonapproved facility
2shall be paid into the environmental fund for environmental repair management.
SB77, s. 3639 3Section 3639. 289.63 (3) (b) of the statutes is amended to read:
SB77,1467,64 289.63 (3) (b) The well compensation fee imposed under sub. (1) for solid waste
5or hazardous waste, excluding prospecting or mining waste, is one cent 4 cents per
6ton.
SB77, s. 3640 7Section 3640. 289.63 (8) of the statutes is amended to read:
SB77,1467,128 289.63 (8) Use of groundwater, solid waste capacity and well compensation
9fees.
The groundwater fees collected under sub. (2) shall be credited to the
10environmental fund for groundwater environmental management. The well
11compensation and solid waste capacity fees collected under sub. (2) shall be credited
12to the environmental fund for environmental repair management.
SB77, s. 3641 13Section 3641. 289.67 (1) (h) of the statutes is amended to read:
SB77,1467,1514 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b)
15shall be credited to the environmental fund for environmental repair management.
SB77, s. 3642 16Section 3642. 289.67 (2) (c) 5. of the statutes is created to read:
SB77,1467,1917 289.67 (2) (c) 5. Hazardous wastes that are collected by a county under a
18program for the collection and disposal of chemicals that are used for agricultural
19purposes, including pesticides, as defined in s. 94.67 (25).
SB77, s. 3643 20Section 3643. 289.67 (2) (e) of the statutes is amended to read:
SB77,1467,2221 289.67 (2) (e) All moneys received under this subsection shall be credited to the
22environmental fund for environmental repair management.
SB77, s. 3644 23Section 3644. 289.67 (3) (c) of the statutes is amended to read:
SB77,1468,3
1289.67 (3) (c) Use of environmental repair base fees. Environmental repair base
2fees shall be credited to the environmental fund for environmental repair
3management.
SB77, s. 3645 4Section 3645. 289.67 (4) (c) of the statutes is amended to read:
SB77,1468,75 289.67 (4) (c) Use of environmental repair surcharge. Environmental repair
6surcharges shall be credited to the environmental fund for environmental repair
7management.
SB77, s. 3646 8Section 3646. 291.15 (2) (d) of the statutes is amended to read:
SB77,1469,39 291.15 (2) (d) Use of confidential records. Except as provided under par. (c) and
10this paragraph the department or the department of justice may use records and
11other information granted confidential status under this subsection only in the
12administration and enforcement of this chapter. The department or the department
13of justice may release for general distribution records and other information granted
14confidential status under this subsection if the owner or operator expressly agrees
15to the release. The department or the department of justice may release on a limited
16basis records and other information granted confidential status under this
17subsection if the department or the department of justice is directed to take this
18action by a judge or hearing examiner under an order which protects the
19confidentiality of the records or other information. The department or the
20department of justice may release to the U.S. environmental protection agency or its
21authorized representative records and other information granted confidential status
22under this subsection if the department or the department of justice includes in each
23release of records or other information a request to the U.S. environmental
24protection agency or its authorized representative to protect the confidentiality of
25the records or other information. The department or the department of justice shall

1release to the department of industry, labor and job development records and other
2information granted confidential status under this subsection if requested by the
3department of industry, labor and job development under s. 49.22 (2m).
SB77, s. 3647 4Section 3647. 291.97 (2) (b) (intro.) of the statutes is amended to read:
SB77,1469,75 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall
6be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than
75 7 years and 6 months or both:
SB77, s. 3648 8Section 3648. 291.97 (2) (c) of the statutes is amended to read:
SB77,1469,119 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall
10be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than
11one year in the Wisconsin state prisons 2 years or both.
SB77,1469,1412 2. For a 2nd or subsequent violation under par. (b), a person shall be fined not
13less than $5,000 nor more than $150,000 or imprisoned for not more than 10 15 years
14or both.
SB77, s. 3649 15Section 3649. 292.01 (18) of the statutes is amended to read:
SB77,1469,1716 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an
17approved facility, an approved mining facility, a nonapproved facility or a waste site.
SB77, s. 3650 18Section 3650. 292.11 (6) (c) 1. of the statutes is amended to read:
SB77,1469,2019 292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be
20credited to the environmental fund for environmental repair management.
SB77, s. 3651 21Section 3651. 292.11 (7) (d) of the statutes is created to read:
SB77,1470,222 292.11 (7) (d) The department may negotiate and enter into an agreement
23containing a schedule for conducting the actions required under sub. (3) with a
24person who possessed or controlled a hazardous substance that was discharged or

1who caused the discharge of a hazardous substance if the discharge does not
2endanger public health.
SB77, s. 3652 3Section 3652. 292.11 (7) (e) of the statutes is created to read:
SB77,1470,64 292.11 (7) (e) If a person violates an order under par. (c) or an agreement under
5par. (d), the department may refer the matter to the department of justice for
6enforcement under s. 299.95.
SB77, s. 3653 7Section 3653. 292.11 (8m) of the statutes is created to read:
SB77,1470,118 292.11 (8m) Delay for certain persons. (a) A person who discovers a discharge
9of a hazardous substance on property owned by the person as a result of conducting
10an environmental investigation of the property may delay taking the actions
11required under sub. (3) if all of the following apply:
SB77,1470,1312 1. The person provides the department with a legal description of the property
13and a summary of the environmental investigation.
SB77,1470,1514 2. The department determines that the discharge does not pose an immediate
15and direct threat to human health or the environment.
SB77,1470,1816 3. The person does not take any action that increases the rate of migration of
17the hazardous substance or that otherwise worsens the effect of the discharge on
18human health or the environment.
SB77,1470,2419 4. The person negotiates with the department concerning an agreement
20containing a schedule for conducting the actions required under sub. (3) and enters
21into the agreement within 3 years of conducting the environmental investigation,
22except that a person who is a voluntary party, as defined in s. 292.15 (1) (f), is not
23required to enter into the agreement until 6 years after conducting the
24environmental investigation.
SB77,1471,3
1(b) The department may not issue an order under sub. (7) (c), and sub. (7) (b)
2does not apply, to a person to whom par. (a) applies unless the person violates the
3agreement under par. (a) 4.
SB77,1471,74 (c) The department may charge fees, in accordance with rules that it
5promulgates, to offset the costs that it incurs reviewing investigations submitted
6under par. (a) 1, making determinations under par. (a) 2. and negotiating agreements
7under par. (a) 4.
SB77, s. 3654 8Section 3654. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:
SB77,1471,119 292.11 (9) (e) 1. "Local governmental unit" means a municipality, a
10redevelopment authority created under s. 66.431 or a public body designated by a
11municipality under s. 66.435 (4).
SB77, s. 3655 12Section 3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
SB77,1471,1613 292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt
14from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the
15municipality local governmental unit before, on or after May 13, 1994, in any of the
16following ways:
SB77, s. 3656 17Section 3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
SB77,1471,1918 292.11 (9) (e) 1m. b. From a municipality local governmental unit that acquired
19the property under a method described in subd. 1m. a.
SB77, s. 3657 20Section 3657. 292.11 (9) (e) 1s. of the statutes is created to read:
SB77,1472,321 292.11 (9) (e) 1s. An economic development corporation described in section 501
22(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
23taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly
24owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
25and (c) with respect to property acquired before, on or after the effective date of this

1subdivision .... [revisor inserts date], if the property is acquired to further the
2economic development purposes that qualify the corporation as exempt from federal
3taxation.
SB77, s. 3658 4Section 3658. 292.11 (9) (e) 2. of the statutes is amended to read:
SB77,1472,65 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to
6a discharge of a hazardous substance caused by any of the following:
SB77,1472,77 a. An action taken by the municipality local governmental unit or corporation.
SB77,1472,108 b. A failure of the municipality local governmental unit or corporation to take
9appropriate action to restrict access to the property in order to minimize costs or
10damages that may result from unauthorized persons entering the property.
SB77,1472,1311 c. A failure of the municipality local governmental unit or corporation to sample
12and analyze unidentified substances in containers stored aboveground on the
13property.
SB77,1472,1714 d. A failure of the municipality local governmental unit or corporation to
15remove and properly dispose of, or to place in a different container and properly store,
16any hazardous substance stored aboveground on the property in a container that is
17leaking or is likely to leak.
SB77, s. 3659 18Section 3659. 292.11 (9) (e) 3. of the statutes is created to read:
SB77,1472,2119 292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
20discharge of a hazardous substance from an underground storage tank that is
21regulated under 42 USC 6991 to 6991i.
SB77, s. 3660 22Section 3660. 292.11 (9) (e) 4. of the statutes is created to read:
SB77,1473,323 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
24intended development and use of the property, the department determines that
25action is necessary to reduce to acceptable levels any substantial threat to public

1health or safety when the property is developed or put to that intended use, the
2department directs the local governmental unit to take that necessary action and the
3local governmental unit does not take that action as directed.
SB77, s. 3661 4Section 3661. 292.13 of the statutes is created to read:
SB77,1473,8 5292.13 Property affected by off-site discharge. (1) Exemption from
6liability.
A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect
7to the existence of a hazardous substance in the soil or groundwater on property
8owned by the person if all of the following apply:
SB77,1473,109 (a) The discharge of the hazardous substance originated from a source on
10property that is owned by another.
SB77,1473,1211 (b) The person did not possess or control the hazardous substance on the
12property on which the discharge originated or cause the original discharge.
SB77,1473,17 13(2) Determinations concerning liability. The department shall, upon request,
14issue a written determination that, based on information available to the
15department, a person owning property on which a hazardous substance exists in the
16soil or groundwater is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if all of the
17following apply:
SB77,1473,1918 (a) The department determines that the person is exempt from liability under
19sub. (1).
SB77,1473,2220 (b) The person agrees to allow the department and any authorized
21representatives of the department to enter the property to take action under s. 292.11
22(7) (a) to respond to the discharge.
SB77,1473,2523 (c) The person agrees to avoid any interference with action under s. 292.11 (7)
24(a) undertaken by, or at the direction of, the department and to avoid actions that
25worsen the discharge.
SB77,1474,3
1(d) The person agrees to any other condition that the department determines
2is reasonable and necessary to ensure that the department can adequately respond
3under s. 292.11 (7) (a) to the discharge.
SB77,1474,5 4(3) Fees. The department may, in accordance with rules that it promulgates,
5assess and collect fees to offset the costs of issuing determinations under sub. (2).
SB77, s. 3662 6Section 3662. 292.15 (title) of the statutes is amended to read:
SB77,1474,8 7292.15 (title) Remediated property; purchaser Voluntary party
8remediation and exemption from
liability.
SB77, s. 3663 9Section 3663. 292.15 (1) (c) (intro.) of the statutes is repealed.
SB77, s. 3664 10Section 3664. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.
SB77, s. 3665 11Section 3665. 292.15 (1) (c) 2. of the statutes is repealed.
SB77, s. 3666 12Section 3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1.
13and amended to read:
SB77,1474,1514 292.15 (1) (f) 1. The person did not otherwise cause the release discharge of a
15hazardous substance on the property.
SB77, s. 3667 16Section 3667. 292.15 (1) (f) (intro.) of the statutes is created to read:
SB77,1474,1817 292.15 (1) (f) (intro.) "Voluntary party" means a person to whom all of the
18following apply:
SB77, s. 3668 19Section 3668. 292.15 (1) (f) 2. of the statutes is created to read:
SB77,1474,2120 292.15 (1) (f) 2. The person did not control, prior to its discharge, a hazardous
21substance that was discharged on the property.
SB77, s. 3669 22Section 3669. 292.15 (2) (a) of the statutes is amended to read:
SB77,1475,423 292.15 (2) (a) A purchaser Except as provided in sub. (6), a voluntary party is
24exempt from the provisions of s. ss. 289.05 (1), (2) and (4), 289.42 (1), 289.67, 291.25
25(1) to (5), 291.37, 291.85 (2), 291.87 (1m),
292.11 (3), (4) and (7) (b) and (c) and 292.31

1(8), and rules promulgated under those provisions,
with respect to the existence of
2a hazardous substance on the property the release of which occurred prior to the date
3of acquisition of the property, if all of the following occur at any time before or after
4the date of acquisition:
Loading...
Loading...