9,2569L
Section 2569L. 289.67 (1) (cm) of the statutes is amended to read:
289.67 (1) (cm) Amount of environmental repair fee. Except as provided under par. (d), the environmental repair fee imposed under par. (a) is 15 cents per ton for solid or hazardous waste received by a licensed solid or hazardous waste disposal facility after December 31, 1985, but before July 1, 1989, and 20 cents per ton for solid or hazardous waste received by a licensed solid or hazardous waste disposal facility on or after July 1, 1989.
9,2569m
Section 2569m. 289.67 (1) (cp) of the statutes is amended to read:
289.67 (1) (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except as provided under par. (d), the environmental repair fee imposed under par. (a) is 30 32.3 cents per ton for solid or hazardous waste, other than high-volume industrial waste, disposed of on or after January 1, 1988, but before July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989.
9,2569n
Section 2569n. 289.67 (2) (b) 1. and 2. of the statutes are amended to read:
289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $125 $210 if the generator has generated more than zero pounds in that particular year, plus $12 $20 per ton of hazardous waste generated during the reporting year.
2. No generator may pay a fee that is greater than $10,000 $17,000.
9,2569r
Section 2569r. 291.09 (3) of the statutes is created to read:
291.09 (3) The department shall study whether the list of hazardous wastes under s. 291.05 (2) should be revised as it relates to commercial chemical products.
9,2570
Section
2570. 292.11 (7) (d) 1m. of the statutes is created to read:
292.11 (7) (d) 1m. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf of owners of contaminated property within one of the following:
a. A business improvement district, as defined in s. 66.608 (1) (b).
b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v).
9,2571
Section
2571. 292.11 (7) (d) 2. of the statutes is amended to read:
292.11 (7) (d) 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1. or 1m.
9,2572
Section
2572. 292.11 (9) (e) 1. of the statutes is amended to read:
292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4), a community development authority or a housing authority.
9,2573
Section
2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to discharges of hazardous substances on or originating from property acquired by the local government unit before, on or after the effective date of this subdivision .... [revisor inserts date], if any of the following applies:
9,2574
Section
2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
292.11 (9) (e) 1m. b. The local governmental unit acquired the property from a local governmental unit that acquired is exempt under this subdivision with respect to the property under a method described in subd. 1m. a.
9,2575
Section
2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:
292.11 (9) (e) 1m. e. The local governmental unit acquired the property through escheat.
9,2576
Section
2576. 292.11 (9) (e) 1m. f. of the statutes is created to read:
292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (tz).
9,2577
Section
2577. 292.11 (9) (e) 1s. of the statutes is amended to read:
292.11
(9) (e) 1s.
An Except as provided in subds. 2. and 4. to 6., an economic development corporation described in section
501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section
501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after October 14, 1997, if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.
9,2578
Section
2578. 292.11 (9) (e) 3. of the statutes is repealed.
9,2579
Section
2579. 292.11 (9) (e) 5. c. of the statutes is repealed.
9,2580
Section
2580. 292.11 (9) (e) 6. of the statutes is created to read:
292.11 (9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental unit or the economic development corporation agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.
9,2581
Section
2581. 292.11 (9) (e) 7. of the statutes is created to read:
292.11 (9) (e) 7. Subdivision 1m. does not apply to property described in subd. 1m. f. unless the local governmental unit enters into an agreement with the department to ensure that the conditions in subds. 2. and 4. are satisfied.
9,2581r
Section 2581r. 292.13 (1) (intro.) of the statutes is amended to read:
292.13 (1) Exemption from liability for groundwater contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the groundwater on property possessed or controlled by the person if all of the following apply:
9,2581w
Section 2581w. 292.13 (1m) (intro.) of the statutes is amended to read:
292.13 (1m) Exemption from liability for soil contamination. (intro.) A person, other than a state agency, is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil on property possessed or controlled by the person if all of the following apply:
9,2582
Section
2582. 292.15 (1) (a) of the statutes is created to read:
292.15 (1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).
9,2583
Section
2583. 292.15 (1) (am) of the statutes is created to read:
292.15 (1) (am) "Natural attenuation" means the reduction in the mass and concentration in groundwater of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes, without human intervention.
9,2584
Section
2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:
292.15 (1) (f) "Voluntary party" means a person who submits an application to obtain an exemption under this section and pays any fees required under sub. (5).
9,2585
Section
2585. 292.15 (2) (a) (title) of the statutes is created to read:
292.15 (2) (a) (title) General.
9,2586
Section
2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:
292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence discharges of a hazardous substance substances on
the or originating from a property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:
9,2587
Section
2587. 292.15 (2) (a) 2. of the statutes is amended to read:
292.15 (2) (a) 2. Except as provided in sub. (4), the property is cleaned up by restoring the environment
is restored to the extent practicable with respect to the discharges and minimizing the harmful effects from
a discharge of the hazardous substance the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules.
9,2588
Section
2588. 292.15 (2) (a) 3. of the statutes is amended to read:
292.15 (2) (a) 3. The voluntary party obtains a certificate of completion from the department that the property environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from a discharge of a hazardous substance the discharges have been minimized.
9,2589
Section
2589. 292.15 (2) (a) 6. of the statutes is amended to read:
292.15 (2) (a) 6. The voluntary party has not obtained the certification under subd. 3. certificate of completion by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.
9,2591
Section
2591. 292.15 (2) (ae) of the statutes is created to read:
292.15 (2) (ae) Natural attenuation. Except as provided in sub. (6) or (7), if there exists a hazardous substance in groundwater on or originating from a property in a concentration that exceeds an enforcement standard and the department determines that natural attenuation will restore groundwater quality in accordance with rules promulgated by the department, a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:
1. An environmental investigation of the property is conducted that is approved by the department.
2. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.
3. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.
3m. If required by the department, the voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to the hazardous substance that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation, in case natural attenuation fails, and the insurance complies with rules promulgated by the department and names this state as the insured.
4. The voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
5. The voluntary party does not engage in activities that are inconsistent with the maintenance of the property.
6. The voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.
9,2592
Section
2592. 292.15 (2) (ag) of the statutes is created to read:
292.15 (2) (ag) Property affected by off-site discharge. Except as provided in sub. (6) or (7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13 (1), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition:
1. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1).
2. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1).
3. The voluntary party obtains a written determination from the department under s. 292.13 (2) with respect to the hazardous substance for which the voluntary party is exempt from liability under s 292.13 (1).
4. The voluntary party continues to satisfy the conditions under s. 292.13 (1) (d) to (g).
9,2593
Section
2593. 292.15 (2) (am) (intro.) of the statutes is amended to read:
292.15 (2) (am) Partial cleanup. (intro.) The department may approve a partial cleanup and issue a certificate of completion as provided in par. (a), (ae) or (ag) that states that not all of the property has been satisfactorily restored or that not all of the harmful effects from a discharge of a hazardous substance have been minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property or hazardous substances cleaned up under this paragraph. In addition to meeting the requirements of par. (a), (ae) or (ag), a certificate for a partial cleanup under this paragraph may be issued only if:
9,2594
Section
2594. 292.15 (2) (ar) (title) of the statutes is created to read:
292.15 (2) (ar) (title) Condition.
9,2595
Section
2595. 292.15 (2) (at) of the statutes is created to read:
292.15 (2) (at) Discharges discovered after environmental investigations. Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to a discharge of a hazardous substance on or originating from a property if the discharge occurred before the environmental investigation under subd. 1. is completed and if all of the following apply:
1. An environmental investigation of the property and of any discharges of hazardous substances originating from the property is conducted and is approved by the department.
2. If required by the department, the voluntary party enters into an agreement with the department under which the voluntary party agrees to conduct a cleanup approved by the department.
3. The voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to a hazardous substance discharges that occurred before the investigation under subd. 1. is completed and that are discovered in the course of conducting a cleanup of the property, the insurance complies with rules promulgated by the department and the insurance names the voluntary party and this state as insureds.
3m. If the department requires the voluntary party to enter into an agreement under subd. 2., the voluntary party conducts the agreed upon cleanup.
4. A hazardous substance discharge that occurred before the investigation under subd. 1. is completed is discovered after the investigation under subd. 1. is approved and before the cleanup is completed.
6. The voluntary party has not obtained approval of the investigation under subd. 1. or the agreement under subd. 2. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.
9,2596
Section
2596. 292.15 (2) (b) of the statutes is amended to read:
292.15 (2) (b) Extent of exemptions. The exemptions provided in pars. (a), (ae), (ag) and (am) continue to apply after the date of certification by the department under par. (a) 3., (ae) 3. or (ag) 2., or approval by the department under par. (am), notwithstanding the occurrence of any of the following:
1. Statutes, rules or regulations are created or amended that would impose greater responsibilities on the voluntary party than those imposed under par. (a) 2., (ae) 2. or (ag) 1.
2. The voluntary party fully complies with the rules promulgated by the department and any contract entered into under those rules under par. (a) 2., (ae) 2. or (ag) 1. but it is discovered that the cleanup fails to fully restore the environment and minimize the effects from a discharge of a hazardous substance.
3. The contamination from a hazardous substance that is the subject of the cleanup under par. (a) 2., (ae) 2. or (ag) 1. is discovered to be more extensive than anticipated by the voluntary party and the department.
9,2597
Section
2597. 292.15 (2) (c) (title) of the statutes is created to read:
292.15 (2) (c) (title) Prohibition on action.
9,2598
Section
2598. 292.15 (2) (c) of the statutes is amended to read:
292.15
(2) (c) The department of justice may not commence an action under
42 USC 9607 against any voluntary party meeting the criteria of this subsection to recover costs for which the voluntary party is exempt under pars. (a),
(ac), (ag), (am)
, (at) and (b).
