SB77: Bill Text

SB77, s. 3695 Section 3695. 292.35 (2r) (a) of the statutes is amended to read:

SB77,1483,10 292.35 (2r) (a) The political subdivision local governmental unit shall, in consultation with the department, prepare a draft remedial action plan.

SB77, s. 3696 Section 3696. 292.35 (2r) (b) of the statutes is amended to read:

SB77,1483,23 292.35 (2r) (b) Upon completion of the draft remedial action plan, the political subdivision local governmental unit shall send written notice to all responsible parties identified by the political subdivision local governmental unit, provide public notice and conduct a public hearing on the draft remedial action plan. The notice to responsible parties shall offer the person receiving the notice an opportunity to provide information regarding the status of that person or any other person as a responsible party, notice and a description of the public hearing and a description of the procedures in this section. At the public hearing, the political subdivision local governmental unit shall solicit testimony on whether the draft remedial action plan is the least costly method of meeting the standards for remedial action promulgated by the department by rule. The political subdivision local governmental unit shall accept written comments for at least 30 days after the close of the public hearing.

SB77, s. 3697 Section 3697. 292.35 (2r) (c) of the statutes is amended to read:

SB77,1484,6 292.35 (2r) (c) Upon the conclusion of the period for written comment, the political subdivision local governmental unit shall prepare a preliminary remedial action plan, taking into account the written comments and comments received at the public hearing and shall submit the preliminary remedial action plan to the department for approval. The department may approve the preliminary remedial action plan as submitted or require modifications.

SB77, s. 3698 Section 3698. 292.35 (3) (a) (intro.) of the statutes is amended to read:

SB77,1484,15 292.35 (3) (a) (intro.) Upon receiving the department's approval of the preliminary remedial action plan, the political subdivision local governmental unit shall serve an offer to settle regarding the contribution of funds for investigation and remedial action at the site or facility on each of the responsible parties identified by the political subdivision local governmental unit, using the procedure for service of a summons under s. 801.11 and shall notify the department that the offer to settle has been served. The political subdivision local governmental unit shall include in the offer to settle all of the following information:

SB77, s. 3699 Section 3699. 292.35 (3) (a) 2. of the statutes is amended to read:

SB77,1484,19 292.35 (3) (a) 2. The names, addresses and contact persons, to the extent known, for all of the responsible parties identified by the political subdivision local governmental unit.

SB77, s. 3700 Section 3700. 292.35 (3) (a) 3. of the statutes is amended to read:

SB77,1484,23 292.35 (3) (a) 3. The location and availability of documents that support the claim of the political subdivision local governmental unit against the responsible party.

SB77, s. 3701 Section 3701. 292.35 (3) (b) of the statutes is amended to read:

SB77,1485,6 292.35 (3) (b) The department shall maintain a list of competent and disinterested umpires qualified to perform the duties under subs. (4) to (6). None of the umpires may be employes of the department. Upon receiving notice from a political subdivision local governmental unit under par. (a), the secretary or his or her designee shall select an umpire from the list and inform the political subdivision local governmental unit and responsible parties of the person selected.

SB77, s. 3702 Section 3702. 292.35 (3) (c) of the statutes is amended to read:

SB77,1485,19 292.35 (3) (c) Within 10 days after receiving notice of the umpire selected by the department under par. (b), the political subdivision local governmental unit may notify the department that the umpire selected is unacceptable. Within 10 days after receiving notice of the umpire selected by the department under par. (b), a responsible party may notify the department that the umpire selected is unacceptable or that the responsible party does not intend to participate in the negotiation. Failure to notify the department that the umpire is unacceptable shall be considered acceptance. If all responsible parties identified by the political subdivision local governmental unit indicate that they do not intend to participate in the negotiation, the department shall inform the political subdivision local governmental unit and the political subdivision local governmental unit shall cease further action under this section.

SB77, s. 3703 Section 3703. 292.35 (3) (d) of the statutes is amended to read:

SB77,1485,24 292.35 (3) (d) Upon receiving notice under par. (c) that the selected umpire is unacceptable, the secretary or his or her designee shall select 5 additional umpires from the list and inform the political subdivision local governmental unit and responsible parties of the persons selected.

SB77, s. 3704 Section 3704. 292.35 (3) (e) of the statutes is amended to read:

SB77,1486,9 292.35 (3) (e) Within 10 days after receiving notice of the umpires selected by the department under par. (d), the political subdivision local governmental unit or a responsible party may notify the department that one or more of the umpires selected are unacceptable. Failure to notify the department shall be considered acceptance. The secretary or his or her designee shall select an umpire from among those umpires not identified as unacceptable by the political subdivision local governmental unit or a responsible party or, if all umpires are identified as unacceptable, the secretary or his or her designee shall designate a person to be umpire for the negotiation.

SB77, s. 3705 Section 3705. 292.35 (4) (a) of the statutes is amended to read:

SB77,1486,20 292.35 (4) (a) The umpire, immediately upon being appointed, shall contact the department, the political subdivision local governmental unit and the responsible parties that received the offer to settle and shall schedule the negotiating sessions. The umpire shall schedule the first negotiating session no later than 20 days after being appointed. The umpire may meet with all parties to the negotiation, individual parties or groups of parties. The umpire shall facilitate a discussion between the political subdivision local governmental unit and the responsible parties to attempt to reach an agreement on the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties.

SB77, s. 3706 Section 3706. 292.35 (4) (d) of the statutes is amended to read:

SB77,1487,2 292.35 (4) (d) The political subdivision local governmental unit and the responsible parties that participate in negotiations shall pay for the costs of the umpire, whether or not an agreement among the parties is reached under sub. (5) or the parties accept the recommendation of the umpire under sub. (6). The umpire shall determine an equitable manner of paying for the costs of the umpire, which is binding.

SB77, s. 3707 Section 3707. 292.35 (5) of the statutes is amended to read:

SB77,1487,11 292.35 (5) Agreement in negotiation. The political subdivision local governmental unit and any of the responsible parties may enter into any agreement in negotiation regarding the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties for the investigation and remedial action. The portion of the agreement containing the design and implementation of the remedial action plan shall be submitted to the department for approval. The department may approve that portion of the agreement as submitted or require modifications.

SB77, s. 3708 Section 3708. 292.35 (6) (a) of the statutes is amended to read:

SB77,1488,2 292.35 (6) (a) If the political subdivision local governmental unit and any responsible parties are unable to reach an agreement under sub. (5) by the end of the period of negotiation, the umpire shall make a recommendation regarding the design and implementation of the remedial action plan and the contribution of funds for investigation and remedial action by the political subdivision local governmental unit and all responsible parties that were identified by the political subdivision local governmental unit and that did not reach an agreement under sub. (5), whether or not the responsible parties participated in negotiations under sub. (4). The umpire shall submit the recommendation to the department for its approval within 20 days after the end of the period of negotiation under sub. (4) (c). The department may approve the recommendation as submitted or require modifications. The umpire shall distribute a copy of the approved recommendation to the political subdivision local governmental unit and all responsible parties identified by the political subdivision local governmental unit.

SB77, s. 3709 Section 3709. 292.35 (6) (b) of the statutes is amended to read:

SB77,1488,11 292.35 (6) (b) The political subdivision local governmental unit and the responsible parties that did not reach an agreement under sub. (5) shall accept or reject the umpire's recommendation within 60 days after receiving it. Failure to accept or reject the recommendation within 60 days shall be considered rejection of the recommendation. If the political subdivision local governmental unit rejects the recommendation with respect to any responsible party, the recommendation does not apply to that responsible party. If a responsible party rejects the recommendation, it does not apply to that responsible party.

SB77, s. 3710 Section 3710. 292.35 (7) of the statutes is amended to read:

SB77,1488,25 292.35 (7) Responsible parties subject to an agreement or recommendation. A responsible party that enters into an agreement under sub. (5) with a political subdivision local governmental unit or that accepts the umpire's recommendation under sub. (6), if the political subdivision local governmental unit does not reject the recommendation, is required to comply with the agreement or recommendation. When the responsible party has complied with the agreement or recommendation, the responsible party is not liable to the state, including under s. 292.11 (7) (b) or 292.31 (8), or to the political subdivision local governmental unit for any additional costs of the investigation or remedial action; the responsible party is not liable to any other responsible party for contribution to costs incurred by any other responsible party for the investigation or remedial action; and the responsible party is not subject to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement or recommendation.

SB77, s. 3711 Section 3711. 292.35 (8) (b) (intro.) of the statutes is amended to read:

SB77,1489,4 292.35 (8) (b) (intro.) A political subdivision local governmental unit is entitled to recover litigation expenses and interest on the judgment against a responsible party if any of the following occurs:

SB77, s. 3712 Section 3712. 292.35 (8) (b) 1. of the statutes is amended to read:

SB77,1489,10 292.35 (8) (b) 1. The political subdivision local governmental unit accepts the recommendation of an umpire under sub. (6), the responsible party rejects it and the political subdivision local governmental unit recovers a judgment under sub. (9) against that responsible party that equals or exceeds the amount of the umpire's recommendation.

SB77, s. 3713 Section 3713. 292.35 (8) (b) 2. of the statutes is amended to read:

SB77,1489,17 292.35 (8) (b) 2. The political subdivision local governmental unit and the responsible party enter into an agreement under sub. (5) or accept the umpire's recommendation under sub. (6), the responsible party does not comply with the requirements of the agreement or recommendation and the political subdivision local governmental unit recovers a judgment against that responsible party based on the agreement or recommendation.

SB77, s. 3714 Section 3714. 292.35 (8) (c) of the statutes is amended to read:

SB77,1490,2 292.35 (8) (c) A responsible party is entitled to recover litigation expenses from a political subdivision local governmental unit if the responsible party accepts the recommendation of an umpire under sub. (6), the political subdivision local governmental unit rejects the recommendation of the umpire under sub. (6) with respect to the responsible party, the political subdivision local governmental unit institutes an action under sub. (9) against the responsible party and the political subdivision local governmental unit recovers a judgment under sub. (9) against the responsible party that is equal to or less than the amount of the umpire's recommendation.

SB77, s. 3715 Section 3715. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and amended to read:

SB77,1490,11 292.35 (9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 292.21, a responsible party is liable for a portion of the costs, as determined under pars. (c) to (e), incurred by a political subdivision local governmental unit for remedial action in an agreement under sub. (5) or a recommendation under sub. (6) and for any related investigation. A right of action shall accrue to a political subdivision local governmental unit against the responsible party for costs listed in this subdivision paragraph.

SB77, s. 3716 Section 3716. 292.35 (9) (b) 2. of the statutes is repealed.

SB77, s. 3717 Section 3717. 292.41 (6) (c) of the statutes is amended to read:

SB77,1490,17 292.41 (6) (c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental repair management.

SB77, s. 3718 Section 3718. 292.41 (6) (d) of the statutes is repealed.

SB77, s. 3719 Section 3719. 292.51 (2) of the statutes is amended to read:

SB77,1490,25 292.51 (2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination. All contributions received under this subsection shall be deposited in the environmental fund.

SB77, s. 3720 Section 3720. 292.55 of the statutes is created to read:

SB77,1491,4 292.55 Requests for liability clarification and technical assistance. (1) (a) The department may, upon request, assist a person to determine whether the person is or may become liable for the environmental pollution of a property.

SB77,1491,7 (b) The department may, upon request, assist in, or supervise, the planning and implementation of an environmental investigation of a property or the environmental cleanup of a property.

SB77,1491,9 (c) The department may determine whether further action is necessary to remedy environmental pollution of a property.

SB77,1491,11 (d) The department may issue a letter to a person seeking assistance under this subsection concerning any of the following:

SB77,1491,13 1. The liability of a person owning or leasing a property for environmental pollution of the property.

SB77,1491,14 2. The type and extent of environmental pollution of a property.

SB77,1491,15 3. The adequacy of an environmental investigation.

SB77,1491,16 4. Any other matter related to the request for assistance under this subsection.

SB77,1491,20 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).

SB77, s. 3721 Section 3721. 292.61 of the statutes is repealed.

SB77, s. 3722 Section 3722. 292.75 of the statutes is created to read:

SB77,1492,2 292.75 Dry cleaning contamination study. The department shall conduct a study of the extent and type of environmental contamination at dry cleaning facilities in this state. The department shall submit a report on its findings to the legislature under s. 13.172 (2) and to the governor. The report shall include all of the following:

SB77,1492,4 (1) An estimate of the cost of remedying the environmental contamination at dry cleaning facilities.

SB77,1492,6 (2) Options for sources of revenue and types of assistance to address the costs of remedying contamination of dry cleaning facilities.

SB77, s. 3723 Section 3723. 292.81 (2) (a) (intro.) of the statutes is amended to read:

SB77,1492,11 292.81 (2) (a) (intro.) Before incurring expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4) with respect to a property, the department shall provide to the current owner of the property and to any mortgagees of record a notice containing all of the following:

SB77, s. 3724 Section 3724. 292.81 (2) (a) 1. of the statutes is amended to read:

SB77,1492,14 292.81 (2) (a) 1. A brief description of the property for which the department expects to incur expenses under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).

SB77, s. 3725 Section 3725. 292.81 (2) (a) 2. of the statutes is amended to read:

SB77,1492,18 292.81 (2) (a) 2. A brief description of the types of activities that the department expects may be conducted at the property under s. 292.11, or 292.31 (1), (3) or (7) or 292.41 (4).

SB77, s. 3726 Section 3726. 292.81 (2) (d) of the statutes is amended to read:

SB77,1492,22 292.81 (2) (d) No notice under this subsection is necessary in circumstances in which entry onto the property without prior notice is authorized under s. 292.11 (8) or under s. 292.41 (5).

SB77, s. 3727 Section 3727. 292.81 (3) of the statutes is amended to read:

SB77,1493,5 292.81 (3) Any expenditures made by the department under s. 292.11 or 292.31 (1), (3) or (7) or, subject to s. 292.41 (6) (d), under s. 292.41 (4) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this section shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.

SB77, s. 3728 Section 3728. 293.45 (1) of the statutes is amended to read:

SB77,1493,18 293.45 (1) The Except as provided in sub. (2) or s. 299.07, the department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department's investigation and hearing and any written comments, it finds that the site is not unsuitable for prospecting or, absent a certification under sub. (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in this chapter, prospecting permits shall be valid for the life of the project, unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or (3).

SB77, s. 3729 Section 3729. 293.49 (1) (a) 7. of the statutes is created to read:

SB77,1493,23 293.49 (1) (a) 7. That proven technology exists to ensure that the proposed mining operation will operate without violating state groundwater or surface water statutes or rules due to acid drainage at the tailings site or at the mining site or due to the release of heavy metals.

SB77, s. 3730 Section 3730. 293.49 (1) (a) 8. of the statutes is created to read:

SB77,1494,4 293.49 (1) (a) 8. That the proposed mining operation will use proven technology to ensure that the proposed mining operation will operate without violating state groundwater or surface water statutes or rules due to acid drainage at the tailings site or at the mining site or due to the release of heavy metals.

SB77, s. 3731 Section 3731. 295.11 (4) of the statutes is amended to read:

SB77,1494,13 295.11 (4) "Nonmetallic mining reclamation" means the rehabilitation of a nonmetallic mining site to achieve a land use specified in an approved nonmetallic mining reclamation plan, including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage and replacement of topsoil, stabilization of soil conditions, establishment reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences where necessary and, if practical, restoration of plant, fish and wildlife habitat.

SB77, s. 3732 Section 3732. 295.11 (5) of the statutes is amended to read:

SB77,1494,18 295.11 (5) "Nonmetallic mining refuse" means waste soil, rock, mineral, liquid and vegetation and other waste natural material resulting from nonmetallic mining. This term does not include merchantable marketable by-products resulting directly from or displaced by the nonmetallic mining.

SB77, s. 3733 Section 3733. 295.11 (6) (intro.), (a), (b), (c) and (d) of the statutes are renumbered 295.11 (6) (a) (intro.), 1., 2., 3. and 4., and 295.11 (6) (a) (intro.), 1. and 2., as renumbered, are amended to read:

SB77,1494,23 295.11 (6) (a) (intro.) "Nonmetallic mining site" means all of the following, except as provided in par. (b):

SB77,1494,25 1. The location where nonmetallic mining is proposed or conducted , including all surface areas from which materials have been or will be removed.

SB77,1495,2 2. Storage and processing areas related to the that are in or contiguous to areas excavated for nonmetallic mining.

SB77, s. 3734 Section 3734. 295.11 (6) (a) 5. of the statutes is created to read:

SB77,1495,6 295.11 (6) (a) 5. Areas where grading or regrading is necessary to conduct nonmetallic mining or to achieve a land use specified in an approved nonmetallic mining reclamation plan.