(b) A local governmental unit may not recover costs in an action under sub. (2) from a person listed in par. (a) if any of the following applies:
1. The person is exempt from liability under s. 292.11 (9) (e), 292.13, 292.15, 292.16, 292.19 or 292.21 with respect to the discharge that is the subject of the action.
2. The person has entered into a consent order under this chapter or ch. 289 or 291 or an agreement under s. 292.11 (7) (d) or 292.31 (8) (h) with respect to the discharge that is the subject of the action and the person is in compliance with the consent order or agreement.
3. The person is exempt from liability under s. 292.35 (9) (e) with respect to the discharge that is the subject of the action.
4. The discharge that was caused by the person and that is the subject of the action was in compliance with a permit, license, approval, special order, waiver or variance issued under ch. 283 or 285 or under corresponding federal statutes or regulations.
(4) Recoverable costs. (a) Except as provided in par. (b), in an action under this section a local governmental unit may recover the reasonable and necessary costs that it incurs for all of the following:
1. Investigating environmental contamination on the property and planning remedial activities described in subd. 2.
2. Conducting remedial activities to restore the property for its intended future use.
3. Administering the activities under subds. 1. and 2. and bringing the action under this section, including costs, disbursements and engineering fees but excluding attorney fees.
(b) The costs determined under par. (a) shall be reduced by the fair market value of the property after completion of the activities under par. (a) 2.
(c) Recoverable costs under this subsection may not be reduced by the amount of any state or federal moneys received by the local governmental unit for any of the activities under par. (a).
(d) 1. In an action under this section, the liability of a responsible person described in sub. (3) (a) 2. is limited to the amount that bears the same proportion to the total costs under par. (a), adjusted as provided in par. (b), as the amount of the environmental pollution on the property from the discharge caused by the responsible person bears to all of the environmental pollution on the property from discharges of hazardous substances.
2. In an action under this section, the liability of a responsible person described in sub. (3) (a) 1. is limited to the amount of the total costs under par. (a), adjusted as provided in par. (b), that the local governmental unit is unable to recover from responsible parties described in sub. (3) (a) 2. less the amount that the local governmental unit is unable to recover because of the exemptions in sub. (3) (b) 3. and 4.
(5) Repaying state assistance. If a local governmental unit that recovers costs under this section received money from this state, other than under s. 292.11 (7) or 292.31 (1), (3) or (7), for any of the activities under sub. (4) (a), the local governmental unit shall reimburse to the state an amount that bears the same proportion to the total amount recovered under this section as the amount received from the state, other than under s. 292.11 (7) or 292.31 (1), (3) or (7), bears to the total costs under sub. (4) (a) adjusted as provided in sub. (4) (b).
(6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources, the department of commerce or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.
(7) Limitation of action. An action under this section shall be commenced within 6 years after the date that the local governmental unit completes the activities under sub. (4) (a) 2. or be barred.
9,2613
Section
2613. 292.57 of the statutes is created to read:
292.57 Database of properties on which groundwater standards are exceeded. (1) In this section, "groundwater standard" means an enforcement standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s. 160.01 (6).
(2) (a) The department may promulgate a rule specifying a fee for placing information concerning a property on which a groundwater standard is exceeded into a database.
(b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (mi).
9,2614
Section
2614. 292.65 (1) (d) 9. of the statutes is created to read:
292.65 (1) (d) 9. A formal wear rental firm.
9,2614e
Section 2614e. 292.65 (1) (ek) of the statutes is created to read:
292.65 (1) (ek) "Formal wear" includes tuxedos, suits and dresses, but does not include costumes, table linens and household fabrics.
9,2614g
Section 2614g. 292.65 (1) (em) of the statutes is created to read:
292.65 (1) (em) "Formal wear rental firm" means a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public.
9,2615
Section
2615. 292.65 (1) (h) 3. of the statutes is created to read:
292.65 (1) (h) 3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.
9,2616
Section
2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1. (intro.) and amended to read:
292.65 (1) (i) 1. (intro.) A person who owns, or has possession or control of, a dry cleaning facility, or
and who receives or received direct or indirect consideration from the operation of a dry cleaning facility regardless of whether the dry cleaning facility remains in operation and regardless of whether the person owns or receives consideration at the time that environmental pollution occurs., any of the following:
9,2617
Section
2617. 292.65 (1) (i) 1. a. of the statutes is created to read:
292.65 (1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).
9,2618
Section
2618. 292.65 (1) (i) 1. b. of the statutes is created to read:
292.65 (1) (i) 1. b. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2) before it ceased operation.
9,2619
Section
2619. 292.65 (1) (i) 3. of the statutes is created to read:
292.65 (1) (i) 3. A person who owns the property on which one of the following is located:
a. A dry cleaning facility that is licensed under s. 77.9961 (2).
b. A dry cleaning facility that has ceased operation but that was licensed under s. 77.9961 (2) before it ceased operation.
9,2620
Section
2620. 292.65 (1) (L) of the statutes is amended to read:
292.65 (1) (L) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
9,2621
Section
2621. 292.65 (3) (am) 2. of the statutes is amended to read:
292.65 (3) (am) 2. The department shall pay an award for immediate action activities. For the purposes of this subdivision, removal of contaminated soils and recovery of free dry cleaning solvent are not considered immediate action activities.
9,2622
Section
2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to read:
292.65 (3) (am) 3. After paying awards for immediate action activities, the department shall do the following with the remaining funds available for awards under this section:
a. In the program year that begins on July 1, 1999, provide 75% to pay awards for eligible costs incurred before October 14, 1997, and provide 25% to pay awards for eligible costs incurred on or after October 14, 1997.
b. In the program year that begins on July 1, 2000, provide 50% to pay awards for eligible costs incurred before October 14, 1997, and provide 50% to pay awards for eligible costs incurred on or after October 14, 1997.
c. In the program year that begins on July 1, 2001, and every program year thereafter, provide at least 70% as awards to pay eligible costs incurred on or after October 14, 1997.
9,2627
Section
2627. 292.65 (4) (m) of the statutes is created to read:
292.65 (4) (m) Notification of insurance claims and receipt of proceeds. An owner or operator shall notify the department of any insurance claim made to cover eligible costs, the status of the claim, and, if the owner or operator has received any insurance proceeds arising from the claim, the amount of the proceeds.
9,2629
Section
2629. 292.65 (6) of the statutes is repealed.
9,2631
Section
2631. 292.65 (7) (a) 16. of the statutes is repealed.
9,2632
Section
2632. 292.65 (7) (b) of the statutes is repealed.
9,2634
Section
2634. 292.65 (7) (c) 6. of the statutes is created to read:
292.65 (7) (c) 6. Costs of financing eligible activities.
9,2636
Section
2636. 292.65 (8) (a) 4m. of the statutes is created to read:
292.65 (8) (a) 4m. If the owner or operator receives any proceeds arising from an insurance claim for any eligible costs, a record of the payment.
9,2636g
Section 2636g. 292.65 (8) (d) 8. of the statutes is amended to read:
292.65 (8) (d) 8. The dry cleaning solvent discharge was caused by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system.
9,2637
Section
2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to read:
292.65 (8) (e) 3a. If eligible costs are $200,000 or less, $10,000.
9,2638
Section
2638. 292.65 (8) (e) 3am. of the statutes is created to read:
292.65 (8) (e) 3am. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of the amount by which eligible costs exceed $200,000.
9,2639
Section
2639. 292.65 (8) (e) 3ar. of the statutes is created to read:
292.65 (8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000.
9,2640
Section
2640. 292.65 (8) (e) 3b. of the statutes is amended to read:
292.65 (8) (e) 3b. For each year in which the owner or operator has not paid the annual license fee under s. 77.9961 (1) for the dry cleaning facility, an An amount equal to 30 times the average annual license fee paid under s. 77.9961 (1) for that the year in which an award is made.
9,2641
Section
2641. 292.65 (8) (e) 3c. of the statutes is amended to read:
292.65 (8) (e) 3c. For each year in which the dry cleaning solvents fee under s. 77.9962 was imposed and the dry cleaning facility was not in operation, an An amount equal to 30 times the total amount collected under s. 77.9962 for that the year
in which an award is made divided by the number of dry cleaning facilities in operation during that year.
9,2641g
Section 2641g. 292.65 (8) (j) 4. of the statutes is created to read:
292.65 (8) (j) 4. If, prior to receiving an award under this section, an owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the department may not reimburse the owner or operator any amount that exceeds the difference between the amount of the award calculated under subd. 1. or 2. and pars. (e) and (f) and the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f).
9,2641m
Section 2641m. 292.65 (8m) of the statutes is created to read:
292.65 (8m) Reimbursement of insurance proceeds. If, after the owner or operator receives an award under this section, the owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the owner or operator shall pay to the department the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f), but not more than the amount of the award received. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.
9,2643
Section
2643. 292.65 (11) of the statutes is created to read:
292.65 (11) Environmental fund reimbursement. If the department expends funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because of a discharge of dry cleaning solvent at a dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 (6) (eq) to the environmental fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3) (b). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under s. 20.370 (6) (eq).
9,2644
Section
2644. 292.65 (12m) of the statutes is created to read:
292.65 (12m) Prohibition. No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this section.
9,2645m
Section 2645m. 292.66 (2) (e) of the statutes is repealed.
9,2645p
Section 2645p. 292.66 (2) (g) of the statutes is created to read:
292.66 (2) (g) The owner or operator of a dry cleaning facility that is operating at the time that the owner or operator applies for assistance under this section certifies that any perchloroethylene delivered to the dry cleaning facility is delivered using a closed, direct-coupled delivery system.
9,2646
Section
2646. 292.66 (3) of the statutes is amended to read:
292.66 (3) An award under this section may not exceed $15,000, of which not more than $2,500 may be shall equal 50% of the eligible costs, except that an award may not exceed $20,000. Of the total award, the reimbursement for the preliminary site screening shall equal 50% of the cost of conducting the preliminary site screening, except that the reimbursement for the preliminary site screening may not exceed $3,000.
9,2647
Section
2647. 292.66 (5) of the statutes is created to read:
292.66 (5) No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this section.
9,2648c
Section 2648c. 292.70 of the statutes is created to read:
292.70 Indemnification for disposal of polychlorinated biphenyls. (1) Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).
(2) Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against liability for damage to persons, property or the environment resulting from the municipality's acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.
(3) Indemnification agreements concerning treatment of contaminated leachate. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against any liability for damage to persons, property or the environment resulting from the municipality's conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.
(4) Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:
(a) The agreement is approved by the governor
, the attorney general, the secretary and the governing body of the municipality.
