Wisconsin Legislature: 9,2648c

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.

(b) The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).

(c) The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.

(d) The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.

(e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.

(f) The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.

(5) Limitation. The department may include in an agreement under sub. (4) a limitation on the amount that this state will pay to a municipality under the agreement.

(6) Immunity. This section and any agreement entered into under sub. (3) or (4) may not be construed as consent to sue this state.

(7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (2) (fq).

9,2649 Section 2649. 292.75 of the statutes is created to read:

292.75 Brownfield site assessment grants. (1) Definitions. In this section:

(a) "Eligible site or facility" means an abandoned, idle or underused industrial or commercial facility or site, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

(b) "Local governmental unit" means a city, village, town, county, redevelopment authority created under s. 66.431, community development authority created under s. 66.4325, or housing authority.

(d) "Underground hazardous substance storage tank system" means an underground storage tank used for storing a hazardous substance other than a petroleum product together with any on-site integral piping or dispensing system with at least 10% of its total volume below the surface of the ground.

(e) "Underground petroleum product storage tank" has the meaning given in s. 101.143 (1) (i).

(2) Duties of the department. (a) The department shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 (6) (et) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

(b) The department may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.

(c) The department may only award grants under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

(d) The department shall promulgate rules as necessary to administer the program. Rules promulgated by the department under this paragraph may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in sub. (3).

(3) Eligible activities. The department may award grants to local governmental units to cover the costs of the following activities:

(a) The investigation of environmental contamination on an eligible site or facility for the purposes of reducing or eliminating environmental contamination.

(b) The demolition of any structures, buildings or other improvements located on an eligible site or facility.

(d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted on an eligible site or facility.

(e) The removal of underground hazardous substance storage tank systems.

(f) The removal of underground petroleum product storage tank systems.

(4) Application for grant. The applicant shall submit an application on a form prescribed by the department and shall include any information that the department finds necessary to calculate the amount of a grant.

(5) Grant criteria. The department shall consider the following criteria when determining whether to award a grant:

(a) The local governmental unit's demonstrated commitment to performing and completing necessary environmental remediation activities on the eligible site, including the local governmental unit's financial commitment.

(b) The degree to which the project will have a positive impact on public health and the environment.

(6) Limitation of grant . The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under s. 20.370 (6) (et) for the fiscal year.

(7) Matching funds. The department may not distribute a grant unless the applicant contributes matching funds equal to 20% of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

9,2649h Section 2649h. 292.77 of the statutes is created to read:

292.77 Sustainable urban development zone program. (1) In this section, "brownfields" has the meaning given in s. 560.13 (1) (a).

(2) The department shall develop and, beginning no later than January 1, 2001, administer a pilot program in the city of Beloit, the city of Green Bay, the city of La Crosse, the city of Milwaukee and the city of Oshkosh that promotes the use of financial incentives to clean up and redevelop brownfields. Funds provided under the program may be used to investigate environmental contamination and to conduct cleanups of brownfields in those cities.

(3) In developing and administering the pilot program under sub. (2), the department shall consult and coordinate with the department of administration, the department of commerce , the department of health and family services, the department of revenue, the department of transportation and the cities specified in sub. (2).

(4) During the 1999-2001 fiscal biennium, the department shall make the following amounts available through the pilot program under sub. (2):

(a) To the city of Green Bay, $500,000.

(b) To the city of La Crosse, $500,000.

(d) To the city of Oshkosh, $250,000.

(e) To the city of Beloit, $200,000.

(5) (a) The department of commerce shall certify a person conducting a project under the pilot program as eligible to claim a tax credit under s. 71.07 (2dy), 71.28 (1dy) or 71.47 (1dy) while the person is conducting the project.

(b) Within 3 months after a person is certified under par. (a), the department of commerce shall estimate the amount of tax benefits that the person will claim while conducting the project.

(c) The department of commerce shall provide a person certified under par. (a) and the department of revenue with a copy of the certification. The certification shall include all of the following:

1. The name and address of the person's business.

2. The location and description of the project.

3. The appropriate Wisconsin tax identification number of the person.

4. The names and addresses of other locations where the person conducts business and a description of the business activities conducted at those locations.

5. Other information required by the department of natural resources or the department of revenue.

(d) The department of commerce shall promulgate rules that further define a person's eligibility to claim the tax credit.

9,2650 Section 2650. 292.99 (1) of the statutes is amended to read:

292.99 (1) Any Except as provided under sub. (1m), any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.

9,2651 Section 2651. 292.99 (1m) of the statutes is created to read:

292.99 (1m) Any person who violates s. 292.65 (12m) or 292.66 (5) shall forfeit not less than $10 nor more than $10,000.

9,2652 Section 2652. 292.99 (2) of the statutes is amended to read:

292.99 (2) In addition to the penalties provided under sub. subs. (1) and (1m), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

9,2653 Section 2653. 295.11 (10) of the statutes is amended to read:

295.11 (10) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

9,2653d Section 2653d. 295.16 (1) (c) of the statutes is created to read:

295.16 (1) (c) The requirements for a nonmetallic mining reclamation plan under s. 295.12 (3) (c), for public notice and an opportunity for a public informational hearing under s. 295.12 (3) (d) and for proof of financial responsibility under s. 295.12 (3) (ds) do not apply to nonmetallic mining to obtain stone, soil, sand or gravel for the construction, maintenance or repair of a highway, railroad, airport facility, or any other transportation facility, conducted under contract with a municipality, as defined in s. 299.01 (8), if the contract requires the nonmetallic mining site to be reclaimed in accordance with the requirements of the department of transportation concerning the restoration of nonmetallic mining sites.

9,2653v Section 2653v. 299.07 (1) (a) (intro.) of the statutes is amended to read:

299.07 (1) (a) (intro.) The Except as provided in par. (am), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

9,2654c Section 2654c. 299.07 (1) (am) of the statutes is created to read: