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2584. 292.15 (1) (f) of the statutes is repealed and recreated to read: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).
9,2599
Section
2599. 292.15 (2) (d) (title) of the statutes is created to read:
292.15 (2) (d) (title) Exception.
9,2600
Section
2600. 292.15 (2) (e) of the statutes is created to read:
292.15 (2) (e) Contract with insurer. If the department requires insurance under par. (ae) 3m. or (at) 3., the department may contract with an insurer to provide insurance required under par. (ae) 3m. or (at) 3. and may require voluntary parties to obtain coverage under the contract.
9,2601
Section
2601. 292.15 (3) of the statutes is amended to read:
292.15 (3) Successors and assigns.
The An exemption provided in sub. (2) applies to any successor or assignee of the voluntary party who qualifies as a voluntary party and who if the successor or assignee complies with the provisions of sub. (2) (a) 4. and 5. unless
or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or (am) as though the successor or assignee were the voluntary party except that the exemption in sub. (2) does not apply if the successor or assignee knows that a certificate under sub. (2) (a) 3., (ae) 3., (ag) 12. or (am) was obtained by any of the means or under any of the circumstances specified in sub. (2) (a) 6.
9,2602
Section
2602. 292.15 (4) (intro.) of the statutes is amended to read:
292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary party under sub. (2) (a) 2. may be monetarily limited by agreement between the voluntary party and the department if the voluntary party purchased the property from a local governmental unit that acquired the property in a way or for a purpose described in s. 292.11 (9) (e) 1m. a., b., c. or d. The agreement shall stipulate all of the following:
9,2603
Section
2603. 292.15 (5m) of the statutes is repealed.
9,2604
Section
2604. 292.15 (6) of the statutes is renumbered 292.15 (6) (a) and amended to read:
292.15 (6) (a) This section does not exempt property from any lien filed under s. 292.81 (3) for costs incurred by the department prior to the date that certification is issued under sub. (2) (a) 3., (ae) 3. or (ag) 2.
9,2605
Section
2605. 292.15 (6) (b) of the statutes is created to read:
292.15 (6) (b) This section does not exempt property from any lien filed under s. 292.81 (3) for costs that are incurred by the department with respect to a hazardous substance discharge described in sub. (2) (at) 3. and that are not covered by insurance required by sub. (2) (at) 3.
9,2606
Section
2606. 292.21 (1) (c) 1. b. of the statutes is repealed.
9,2607
Section
2607. 292.21 (1) (c) 1. g. of the statutes is created to read:
292.21 (1) (c) 1. g. The lender 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 real property to take action to respond to the discharge.
9,2608
Section
2608. 292.21 (1) (c) 1. h. of the statutes is created to read:
292.21 (1) (c) 1. h. The lender agrees to avoid any interference with action undertaken to respond to the discharge and to avoid actions that worsen the discharge.
9,2609
Section
2609. 292.21 (1) (c) 1. i. of the statutes is created to read:
292.21 (1) (c) 1. i. The lender agrees to any other condition that the department determines is reasonable and necessary to ensure that the department or other person described in subd. 1. g. can adequately respond to the discharge.
9,2610
Section
2610. 292.24 of the statutes is created to read:
292.24 Responsibility of local governmental units; hazardous waste. (1) Definition. In this section, "local governmental unit" has the meaning given in s. 292.11 (9) (e) 1.
(2) Exemption from liability. Except as provided in sub. (3), a local governmental unit is exempt from ss. 291.25 (1) to (5), 291.29 and 291.37, and rules promulgated under those provisions, with respect to the existence of a hazardous waste discharge on property acquired in a way or for a purpose described in s. 292.11 (9) (e) 1m., if all of the following occur at any time before or after the date of acquisition:
(a) An environmental investigation of the property is conducted that is approved by the department and that identifies any hazardous waste discharges that occurred on the property.
(b) The hazardous waste discharges identified by the investigation under par. (a) are cleaned up by restoring the environment to the extent practicable with respect to the discharges and minimizing the harmful effects from the discharges in accordance with rules promulgated by the department and any contract entered into under those rules.
(c) The local governmental unit obtains an approval from the department stating that the property has been satisfactorily restored to the extent practicable with respect to the hazardous waste discharges and that the harmful effects from the discharges have been minimized.
(d) The local governmental unit maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
(e) The local governmental unit does not engage in activities that are inconsistent with the maintenance of the property.
(f) The local governmental unit has not obtained the certification under par. (c) by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the local governmental unit knew or should have known about more discharges of hazardous waste than were revealed by the investigation conducted under par. (a).
(g) The local governmental unit did not cause the discharge of any hazardous waste identified on the property.
(3) Applicability. Subsection (2) does not apply to any of the following:
(a) A hazardous waste treatment, storage or disposal facility that first begins operation after the date on which the local governmental unit acquired the property.
(b) A licensed hazardous waste treatment, storage or disposal facility operated on the property before the date on which the local governmental unit acquired the property and that is operated after the date on which the local governmental unit acquired the property.
(c) Any hazardous waste disposal facility that has been issued a license under s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those sections, for a period of long-term care following closure of the facility.
9,2611
Section
2611. 292.25 of the statutes is created to read:
292.25 Report on impact of exemptions from liability. (1) The department shall biennially determine all of the following:
(a) The number of sites for which a person is seeking to qualify for an exemption under s. 292.15.
(b) The number of sites for which a certificate of completion was issued under s. 292.15.
