SB77, s. 3695 8Section 3695. 292.35 (2r) (a) of the statutes is amended to read:
SB77,1483,109 292.35 (2r) (a) The political subdivision local governmental unit shall, in
10consultation with the department, prepare a draft remedial action plan.
SB77, s. 3696 11Section 3696. 292.35 (2r) (b) of the statutes is amended to read:
SB77,1483,2312 292.35 (2r) (b) Upon completion of the draft remedial action plan, the political
13subdivision
local governmental unit shall send written notice to all responsible
14parties identified by the political subdivision local governmental unit, provide public
15notice and conduct a public hearing on the draft remedial action plan. The notice to
16responsible parties shall offer the person receiving the notice an opportunity to
17provide information regarding the status of that person or any other person as a
18responsible party, notice and a description of the public hearing and a description of
19the procedures in this section. At the public hearing, the political subdivision local
20governmental unit
shall solicit testimony on whether the draft remedial action plan
21is the least costly method of meeting the standards for remedial action promulgated
22by the department by rule. The political subdivision local governmental unit shall
23accept written comments for at least 30 days after the close of the public hearing.
SB77, s. 3697 24Section 3697. 292.35 (2r) (c) of the statutes is amended to read:
SB77,1484,6
1292.35 (2r) (c) Upon the conclusion of the period for written comment, the
2political subdivision local governmental unit shall prepare a preliminary remedial
3action plan, taking into account the written comments and comments received at the
4public hearing and shall submit the preliminary remedial action plan to the
5department for approval. The department may approve the preliminary remedial
6action plan as submitted or require modifications.
SB77, s. 3698 7Section 3698. 292.35 (3) (a) (intro.) of the statutes is amended to read:
SB77,1484,158 292.35 (3) (a) (intro.) Upon receiving the department's approval of the
9preliminary remedial action plan, the political subdivision local governmental unit
10shall serve an offer to settle regarding the contribution of funds for investigation and
11remedial action at the site or facility on each of the responsible parties identified by
12the political subdivision local governmental unit, using the procedure for service of
13a summons under s. 801.11 and shall notify the department that the offer to settle
14has been served. The political subdivision local governmental unit shall include in
15the offer to settle all of the following information:
SB77, s. 3699 16Section 3699. 292.35 (3) (a) 2. of the statutes is amended to read:
SB77,1484,1917 292.35 (3) (a) 2. The names, addresses and contact persons, to the extent
18known, for all of the responsible parties identified by the political subdivision local
19governmental unit
.
SB77, s. 3700 20Section 3700. 292.35 (3) (a) 3. of the statutes is amended to read:
SB77,1484,2321 292.35 (3) (a) 3. The location and availability of documents that support the
22claim of the political subdivision local governmental unit against the responsible
23party.
SB77, s. 3701 24Section 3701. 292.35 (3) (b) of the statutes is amended to read:
SB77,1485,6
1292.35 (3) (b) The department shall maintain a list of competent and
2disinterested umpires qualified to perform the duties under subs. (4) to (6). None of
3the umpires may be employes of the department. Upon receiving notice from a
4political subdivision local governmental unit under par. (a), the secretary or his or
5her designee shall select an umpire from the list and inform the political subdivision
6local governmental unit and responsible parties of the person selected.
SB77, s. 3702 7Section 3702. 292.35 (3) (c) of the statutes is amended to read:
SB77,1485,198 292.35 (3) (c) Within 10 days after receiving notice of the umpire selected by
9the department under par. (b), the political subdivision local governmental unit may
10notify the department that the umpire selected is unacceptable. Within 10 days after
11receiving notice of the umpire selected by the department under par. (b), a
12responsible party may notify the department that the umpire selected is
13unacceptable or that the responsible party does not intend to participate in the
14negotiation. Failure to notify the department that the umpire is unacceptable shall
15be considered acceptance. If all responsible parties identified by the political
16subdivision
local governmental unit indicate that they do not intend to participate
17in the negotiation, the department shall inform the political subdivision local
18governmental unit
and the political subdivision local governmental unit shall cease
19further action under this section.
SB77, s. 3703 20Section 3703. 292.35 (3) (d) of the statutes is amended to read:
SB77,1485,2421 292.35 (3) (d) Upon receiving notice under par. (c) that the selected umpire is
22unacceptable, the secretary or his or her designee shall select 5 additional umpires
23from the list and inform the political subdivision local governmental unit and
24responsible parties of the persons selected.
SB77, s. 3704 25Section 3704. 292.35 (3) (e) of the statutes is amended to read:
SB77,1486,9
1292.35 (3) (e) Within 10 days after receiving notice of the umpires selected by
2the department under par. (d), the political subdivision local governmental unit or
3a responsible party may notify the department that one or more of the umpires
4selected are unacceptable. Failure to notify the department shall be considered
5acceptance. The secretary or his or her designee shall select an umpire from among
6those umpires not identified as unacceptable by the political subdivision local
7governmental unit
or a responsible party or, if all umpires are identified as
8unacceptable, the secretary or his or her designee shall designate a person to be
9umpire for the negotiation.
SB77, s. 3705 10Section 3705. 292.35 (4) (a) of the statutes is amended to read:
SB77,1486,2011 292.35 (4) (a) The umpire, immediately upon being appointed, shall contact the
12department, the political subdivision local governmental unit and the responsible
13parties that received the offer to settle and shall schedule the negotiating sessions.
14The umpire shall schedule the first negotiating session no later than 20 days after
15being appointed. The umpire may meet with all parties to the negotiation, individual
16parties or groups of parties. The umpire shall facilitate a discussion between the
17political subdivision local governmental unit and the responsible parties to attempt
18to reach an agreement on the design and implementation of the remedial action plan
19and the contribution of funds by the political subdivision local governmental unit and
20responsible parties.
SB77, s. 3706 21Section 3706. 292.35 (4) (d) of the statutes is amended to read:
SB77,1487,222 292.35 (4) (d) The political subdivision local governmental unit and the
23responsible parties that participate in negotiations shall pay for the costs of the
24umpire, whether or not an agreement among the parties is reached under sub. (5) or
25the parties accept the recommendation of the umpire under sub. (6). The umpire

1shall determine an equitable manner of paying for the costs of the umpire, which is
2binding.
SB77, s. 3707 3Section 3707. 292.35 (5) of the statutes is amended to read:
SB77,1487,114 292.35 (5) Agreement in negotiation. The political subdivision local
5governmental unit
and any of the responsible parties may enter into any agreement
6in negotiation regarding the design and implementation of the remedial action plan
7and the contribution of funds by the political subdivision local governmental unit and
8responsible parties for the investigation and remedial action. The portion of the
9agreement containing the design and implementation of the remedial action plan
10shall be submitted to the department for approval. The department may approve
11that portion of the agreement as submitted or require modifications.
SB77, s. 3708 12Section 3708. 292.35 (6) (a) of the statutes is amended to read:
SB77,1488,213 292.35 (6) (a) If the political subdivision local governmental unit and any
14responsible parties are unable to reach an agreement under sub. (5) by the end of the
15period of negotiation, the umpire shall make a recommendation regarding the design
16and implementation of the remedial action plan and the contribution of funds for
17investigation and remedial action by the political subdivision local governmental
18unit
and all responsible parties that were identified by the political subdivision local
19governmental unit
and that did not reach an agreement under sub. (5), whether or
20not the responsible parties participated in negotiations under sub. (4). The umpire
21shall submit the recommendation to the department for its approval within 20 days
22after the end of the period of negotiation under sub. (4) (c). The department may
23approve the recommendation as submitted or require modifications. The umpire
24shall distribute a copy of the approved recommendation to the political subdivision

1local governmental unit and all responsible parties identified by the political
2subdivision
local governmental unit.
SB77, s. 3709 3Section 3709. 292.35 (6) (b) of the statutes is amended to read:
SB77,1488,114 292.35 (6) (b) The political subdivision local governmental unit and the
5responsible parties that did not reach an agreement under sub. (5) shall accept or
6reject the umpire's recommendation within 60 days after receiving it. Failure to
7accept or reject the recommendation within 60 days shall be considered rejection of
8the recommendation. If the political subdivision local governmental unit rejects the
9recommendation with respect to any responsible party, the recommendation does not
10apply to that responsible party. If a responsible party rejects the recommendation,
11it does not apply to that responsible party.
SB77, s. 3710 12Section 3710. 292.35 (7) of the statutes is amended to read:
SB77,1488,2513 292.35 (7) Responsible parties subject to an agreement or recommendation.
14A responsible party that enters into an agreement under sub. (5) with a political
15subdivision
local governmental unit or that accepts the umpire's recommendation
16under sub. (6), if the political subdivision local governmental unit does not reject the
17recommendation, is required to comply with the agreement or recommendation.
18When the responsible party has complied with the agreement or recommendation,
19the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
20292.31 (8), or to the political subdivision local governmental unit for any additional
21costs of the investigation or remedial action; the responsible party is not liable to any
22other responsible party for contribution to costs incurred by any other responsible
23party for the investigation or remedial action; and the responsible party is not subject
24to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
25or recommendation.
SB77, s. 3711
1Section 3711. 292.35 (8) (b) (intro.) of the statutes is amended to read:
SB77,1489,42 292.35 (8) (b) (intro.) A political subdivision local governmental unit is entitled
3to recover litigation expenses and interest on the judgment against a responsible
4party if any of the following occurs:
SB77, s. 3712 5Section 3712. 292.35 (8) (b) 1. of the statutes is amended to read:
SB77,1489,106 292.35 (8) (b) 1. The political subdivision local governmental unit accepts the
7recommendation of an umpire under sub. (6), the responsible party rejects it and the
8political subdivision local governmental unit recovers a judgment under sub. (9)
9against that responsible party that equals or exceeds the amount of the umpire's
10recommendation.
SB77, s. 3713 11Section 3713. 292.35 (8) (b) 2. of the statutes is amended to read:
SB77,1489,1712 292.35 (8) (b) 2. The political subdivision local governmental unit and the
13responsible party enter into an agreement under sub. (5) or accept the umpire's
14recommendation under sub. (6), the responsible party does not comply with the
15requirements of the agreement or recommendation and the political subdivision
16local governmental unit recovers a judgment against that responsible party based
17on the agreement or recommendation.
SB77, s. 3714 18Section 3714. 292.35 (8) (c) of the statutes is amended to read:
SB77,1490,219 292.35 (8) (c) A responsible party is entitled to recover litigation expenses from
20a political subdivision local governmental unit if the responsible party accepts the
21recommendation of an umpire under sub. (6), the political subdivision local
22governmental unit
rejects the recommendation of the umpire under sub. (6) with
23respect to the responsible party, the political subdivision local governmental unit
24institutes an action under sub. (9) against the responsible party and the political
25subdivision
local governmental unit recovers a judgment under sub. (9) against the

1responsible party that is equal to or less than the amount of the umpire's
2recommendation.
SB77, s. 3715 3Section 3715. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and
4amended to read:
SB77,1490,115 292.35 (9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s.
6292.21, a responsible party is liable for a portion of the costs, as determined under
7pars. (c) to (e), incurred by a political subdivision local governmental unit for
8remedial action in an agreement under sub. (5) or a recommendation under sub. (6)
9and for any related investigation. A right of action shall accrue to a political
10subdivision
local governmental unit against the responsible party for costs listed in
11this subdivision paragraph.
SB77, s. 3716 12Section 3716. 292.35 (9) (b) 2. of the statutes is repealed.
SB77, s. 3717 13Section 3717. 292.41 (6) (c) of the statutes is amended to read:
SB77,1490,1714 292.41 (6) (c) The department is entitled to recover moneys expended under
15this section from any person who caused the containers to be abandoned or is
16responsible for the containers. The funds recovered under this paragraph shall be
17deposited into the environmental fund for environmental repair management.
SB77, s. 3718 18Section 3718. 292.41 (6) (d) of the statutes is repealed.
SB77, s. 3719 19Section 3719. 292.51 (2) of the statutes is amended to read:
SB77,1490,2520 292.51 (2) The department may seek and receive voluntary contributions of
21funds from a municipality or any other public or private source for all or part of the
22costs of remedying environmental contamination if the activities being funded are
23part of a cooperative effort, by the department and the person providing the funds,
24to remedy that environmental contamination. All contributions received under this
25subsection shall be deposited in the environmental fund.
SB77, s. 3720
1Section 3720. 292.55 of the statutes is created to read:
SB77,1491,4 2292.55 Requests for liability clarification and technical assistance. (1)
3(a) The department may, upon request, assist a person to determine whether the
4person is or may become liable for the environmental pollution of a property.
SB77,1491,75 (b) The department may, upon request, assist in, or supervise, the planning and
6implementation of an environmental investigation of a property or the
7environmental cleanup of a property.
SB77,1491,98 (c) The department may determine whether further action is necessary to
9remedy environmental pollution of a property.
SB77,1491,1110 (d) The department may issue a letter to a person seeking assistance under this
11subsection concerning any of the following:
SB77,1491,1312 1. The liability of a person owning or leasing a property for environmental
13pollution of the property.
SB77,1491,1414 2. The type and extent of environmental pollution of a property.
SB77,1491,1515 3. The adequacy of an environmental investigation.
SB77,1491,1616 4. Any other matter related to the request for assistance under this subsection.
SB77,1491,20 17(2) The department may assess and collect fees from a person to offset the costs
18of providing assistance under sub. (1). The department shall promulgate rules for
19the assessment and collection of fees under this subsection. Fees collected under this
20subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).
SB77, s. 3721 21Section 3721. 292.61 of the statutes is repealed.
SB77, s. 3722 22Section 3722. 292.75 of the statutes is created to read:
SB77,1492,2 23292.75 Dry cleaning contamination study. The department shall conduct
24a study of the extent and type of environmental contamination at dry cleaning
25facilities in this state. The department shall submit a report on its findings to the

1legislature under s. 13.172 (2) and to the governor. The report shall include all of the
2following:
SB77,1492,4 3(1) An estimate of the cost of remedying the environmental contamination at
4dry cleaning facilities.
SB77,1492,6 5(2) Options for sources of revenue and types of assistance to address the costs
6of remedying contamination of dry cleaning facilities.
SB77, s. 3723 7Section 3723. 292.81 (2) (a) (intro.) of the statutes is amended to read:
SB77,1492,118 292.81 (2) (a) (intro.) Before incurring expenses under s. 292.11, or 292.31 (1),
9(3) or (7) or 292.41 (4) with respect to a property, the department shall provide to the
10current owner of the property and to any mortgagees of record a notice containing
11all of the following:
SB77, s. 3724 12Section 3724. 292.81 (2) (a) 1. of the statutes is amended to read:
SB77,1492,1413 292.81 (2) (a) 1. A brief description of the property for which the department
14expects to incur expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).
SB77, s. 3725 15Section 3725. 292.81 (2) (a) 2. of the statutes is amended to read:
SB77,1492,1816 292.81 (2) (a) 2. A brief description of the types of activities that the department
17expects may be conducted at the property under s. 292.11, or 292.31 (1), (3) or (7) or
18292.41 (4)
.
SB77, s. 3726 19Section 3726. 292.81 (2) (d) of the statutes is amended to read:
SB77,1492,2220 292.81 (2) (d) No notice under this subsection is necessary in circumstances in
21which entry onto the property without prior notice is authorized under s. 292.11 (8)
22or under s. 292.41 (5).
SB77, s. 3727 23Section 3727. 292.81 (3) of the statutes is amended to read:
SB77,1493,524 292.81 (3) Any expenditures made by the department under s. 292.11 or 292.31
25(1), (3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien

1upon the property for which expenses are incurred if the department files the lien
2with the register of deeds in the county in which the property is located. A lien under
3this section shall be superior to all other liens that are or have been filed against the
4property, except that if the property is residential property, as defined in s. 895.52
5(1) (i), the lien may not affect any valid prior lien on that residential property.
SB77, s. 3728 6Section 3728. 293.45 (1) of the statutes is amended to read:
SB77,1493,187 293.45 (1) The Except as provided in sub. (2) or s. 299.07, the department shall
8issue a prospecting permit under this section to an applicant within 60 days following
9the date of the completion of the hearing record if, on the basis of the application, the
10department's investigation and hearing and any written comments, it finds that the
11site is not unsuitable for prospecting or, absent a certification under sub. (1), surface
12mining, the department has approved the prospecting plan and the reclamation plan
13complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss.
14293.13 (2) and 293.35 (2) and (3). The department may modify any part of the
15application or reclamation plan and approve it as modified. Except as otherwise
16provided in this chapter, prospecting permits shall be valid for the life of the project,
17unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or
18(3).
SB77, s. 3729 19Section 3729. 293.49 (1) (a) 7. of the statutes is created to read:
SB77,1493,2320 293.49 (1) (a) 7. That proven technology exists to ensure that the proposed
21mining operation will operate without violating state groundwater or surface water
22statutes or rules due to acid drainage at the tailings site or at the mining site or due
23to the release of heavy metals.
SB77, s. 3730 24Section 3730. 293.49 (1) (a) 8. of the statutes is created to read:
SB77,1494,4
1293.49 (1) (a) 8. That the proposed mining operation will use proven technology
2to ensure that the proposed mining operation will operate without violating state
3groundwater or surface water statutes or rules due to acid drainage at the tailings
4site or at the mining site or due to the release of heavy metals.
SB77, s. 3731 5Section 3731. 295.11 (4) of the statutes is amended to read:
SB77,1494,136 295.11 (4) "Nonmetallic mining reclamation" means the rehabilitation of a
7nonmetallic mining site to achieve a land use specified in an approved nonmetallic
8mining reclamation plan
, including removal or reuse of nonmetallic mining refuse,
9grading of the nonmetallic mining site, removal, storage and replacement of topsoil,
10stabilization of soil conditions, establishment reestablishment of vegetative cover,
11control of surface water and groundwater, prevention of environmental pollution,
12construction of fences where necessary
and, if practical, restoration of plant, fish and
13wildlife habitat.
SB77, s. 3732 14Section 3732. 295.11 (5) of the statutes is amended to read:
SB77,1494,1815 295.11 (5) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid
16and vegetation
and other waste natural material resulting from nonmetallic mining.
17This term does not include merchantable marketable by-products resulting directly
18from or displaced by the nonmetallic mining.
SB77, s. 3733 19Section 3733. 295.11 (6) (intro.), (a), (b), (c) and (d) of the statutes are
20renumbered 295.11 (6) (a) (intro.), 1., 2., 3. and 4., and 295.11 (6) (a) (intro.), 1. and
212., as renumbered, are amended to read:
SB77,1494,2322 295.11 (6) (a) (intro.) "Nonmetallic mining site" means all of the following,
23except as provided in par. (b)
:
SB77,1494,2524 1. The location where nonmetallic mining is proposed or conducted , including
25all surface areas from which materials have been or will be removed
.
SB77,1495,2
12. Storage and processing areas related to the that are in or contiguous to areas
2excavated for
nonmetallic mining.
SB77, s. 3734 3Section 3734. 295.11 (6) (a) 5. of the statutes is created to read:
SB77,1495,64 295.11 (6) (a) 5. Areas where grading or regrading is necessary to conduct
5nonmetallic mining or to achieve a land use specified in an approved nonmetallic
6mining reclamation plan.
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