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.
SB77, s. 3735
7Section
3735. 295.11 (6) (b) of the statutes is created to read:
SB77,1495,118
295.11
(6) (b) "Nonmetallic mining site" does not include any area described in
9par. (a) 1. to 5. that is not used for nonmetallic mining or for purposes related to
10nonmetallic mining on or after the effective date of this paragraph .... [revisor inserts
11date].
SB77, s. 3736
12Section
3736. 295.11 (6) (e) of the statutes is repealed.
SB77, s. 3737
13Section
3737. 295.11 (9) of the statutes is amended to read:
SB77,1495,1914
295.11
(9) "Replacement of topsoil" means the replacement of the topsoil that
15was removed or disturbed by nonmetallic mining, or the provision of
soil that is at
16least as adequate as material to substitute for the topsoil that was removed or
17disturbed, for the purposes of providing adequate vegetative cover and stabilization
18of soil conditions
to achieve a land use specified in an approved nonmetallic mining
19reclamation plan.
SB77, s. 3738
20Section
3738. 295.12 (1) (c) of the statutes is amended to read:
SB77,1495,2321
295.12
(1) (c) Uniform statewide
standards requirements and procedures for
22the administration of a nonmetallic mining reclamation
ordinance program by any
23county, city, village or town.
SB77, s. 3739
24Section
3739. 295.12 (1) (d) of the statutes is repealed.
SB77, s. 3740
25Section
3740. 295.12 (2) (a) of the statutes is amended to read:
SB77,1496,4
1295.12
(2) (a) The department shall establish nonmetallic mining reclamation
2standards under sub. (1) (a) that are applicable
to activities related to nonmetallic
3mining reclamation both during nonmetallic mining and after the termination of
4nonmetallic mining.
SB77, s. 3741
5Section
3741. 295.12 (2) (b) and (c) of the statutes are repealed.
SB77, s. 3742
6Section
3742. 295.12 (2) (d) of the statutes is amended to read:
SB77,1496,187
295.12
(2) (d)
Standards for those portions of a nonmetallic mining site that are
8mined on or after the effective date of the ordinance Nonmetallic mining reclamation
9standards under sub. (1) (a) shall be designed to encourage the development and
10reclamation of nonmetallic mining sites in existence on the effective date of this
11paragraph .... [revisor inserts date], and shall include requirements
necessary to
12achieve a land use specified in an approved nonmetallic mining reclamation plan,
13including requirements related to the removal or reuse of nonmetallic mining refuse,
14removal of roads no longer in use, stabilization of soil conditions, grading the
15nonmetallic mining site, replacement of topsoil, establishment of vegetative cover,
16control of surface water flow and groundwater withdrawal, prevention of
17environmental pollution
, construction of fences where necessary and, if practical,
18protection or restoration of plant, fish and wildlife habitat.
SB77, s. 3743
19Section
3743. 295.12 (2) (e) of the statutes is repealed.
SB77, s. 3744
20Section
3744. 295.12 (3) (intro.) of the statutes is amended to read:
SB77,1496,2321
295.12
(3) (title)
Text of ordinance Program requirements. (intro.) The
text
22of the nonmetallic mining reclamation ordinance under rules required by sub. (1)
(d) 23(c) shall include all of the following:
SB77, s. 3745
24Section
3745. 295.12 (3) (a) and (b) of the statutes are repealed.