AB133-ASA1, s. 2555w 13Section 2555w. 285.69 (2) (b) of the statutes is amended to read:
AB133-ASA1,1277,1814 285.69 (2) (b) The department may not charge a major utility fees on emissions
15in excess of 4,000 5,000 tons per year of each regulated pollutant beyond the amount
16necessary to recover the fees that would have been charged for any phase I affected
17unit listed in Table A of 42 USC 7651c owned by that major utility if the prohibition
18in par. (a) 6. did not exist.
AB133-ASA1, s. 2558 19Section 2558. 285.69 (3) of the statutes is amended to read:
AB133-ASA1,1278,220 285.69 (3) Asbestos inspection fees. The department may promulgate rules
21for the payment and collection of fees for inspecting nonresidential asbestos
22demolition and renovation projects regulated by the department. The fees under this
23subsection may not exceed $200 $210 per project. The fees collected under this
24subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct

1and indirect costs of conducting inspections of nonresidential asbestos demolition
2and inspection projects regulated by the department.
AB133-ASA1, s. 2559 3Section 2559. 285.86 of the statutes is created to read:
AB133-ASA1,1278,6 4285.86 Asbestos citations. (1) The department may follow the procedures
5for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a
6person who commits a violation specified under sub. (2).
AB133-ASA1,1278,12 7(2) The department shall promulgate rules that specify violations of rules
8relating to asbestos abatement and management that are promulgated under ss.
9285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated
10under this subsection, the department may limit the applicability of sub. (1) based
11on the frequency of violation and on health and environmental risks caused by the
12violation.
AB133-ASA1,1278,15 13(3) The department shall submit any proposed rules under sub. (2) to the
14department of justice. The department may not promulgate a rule under sub. (2)
15unless the rule is approved by the department of justice.
AB133-ASA1, s. 2560 16Section 2560. 287.11 (2) (dm) of the statutes is repealed.
AB133-ASA1, s. 2561 17Section 2561. 287.23 (5) (c) 2. of the statutes is amended to read:
AB133-ASA1,1278,2118 287.23 (5) (c) 2. Except as provided in subd. 5. 2m. or sub. (5e), for all other
19responsible units, the amount of the grant for 1993 through 2000 2001 equals either
2066% of the difference between eligible expenses and avoided disposal costs or 33% of
21eligible expenses, whichever is greater.
AB133-ASA1,1278,24 222m. If the amount determined under subd. 2. is greater than $8 times the
23population of the responsible unit, whichever is less the grant equals $8 times the
24population of the responsible unit
.
AB133-ASA1, s. 2562 25Section 2562. 287.23 (5) (c) 5. of the statutes is repealed.
AB133-ASA1, s. 2563
1Section 2563. 287.23 (5e) of the statutes is amended to read:
AB133-ASA1,1279,72 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2.
32m., to pay $8 times the population of all of the responsible units that are entitled
4to that amount, the department shall distribute the funds so that each responsible
5unit that would be entitled to $6 times its population if the per person amount in sub.
6(5) (c) 2. 2m. were $6 receives $6 times its population and shall prorate the remaining
7funds.
AB133-ASA1, s. 2564 8Section 2564. 287.23 (7) of the statutes is amended to read:
AB133-ASA1,1279,109 287.23 (7) Sunset. No grant may be awarded under this section for any year
10after the year 2000 2001.
AB133-ASA1, s. 2568 11Section 2568. 289.01 (33) of the statutes is amended to read:
AB133-ASA1,1279,2112 289.01 (33) "Solid waste" means any garbage, refuse, sludge from a waste
13treatment plant, water supply treatment plant or air pollution control facility and
14other discarded or salvageable materials, including solid, liquid, semisolid, or
15contained gaseous materials resulting from industrial, commercial, mining and
16agricultural operations, and from community activities, but does not include solids
17or dissolved material in domestic sewage, or solid or dissolved materials in irrigation
18return flows or industrial discharges which are point sources subject to permits
19under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear
20material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31
21(3) (1).
AB133-ASA1, s. 2569h 22Section 2569h. 289.54 of the statutes is created to read:
AB133-ASA1,1279,24 23289.54 Disposal of certain dredged materials. (1) In this section, "PCBs"
24has the meaning given in s. 299.45 (1) (a).
AB133-ASA1,1280,7
1(2) The department may not approve a request by the operator of a solid waste
2disposal facility to accept dredged materials that contain PCBs or heavy metals in
3a concentration of less than 50 parts per million for disposal in the solid waste
4disposal facility until after the department holds a public meeting in the city, village
5or town in which the solid waste disposal facility is located. At the public meeting,
6the department shall describe the nature of the requested disposal and shall solicit
7public comment.
AB133-ASA1, s. 2569n 8Section 2569n. 289.67 (2) (b) 1. and 2. of the statutes are amended to read:
AB133-ASA1,1280,119 289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $125
10$210 if the generator has generated more than zero pounds in that particular year,
11plus $12 $20 per ton of hazardous waste generated during the reporting year.
AB133-ASA1,1280,1212 2. No generator may pay a fee that is greater than $10,000 $17,000.
AB133-ASA1, s. 2569r 13Section 2569r. 291.09 (3) of the statutes is created to read:
AB133-ASA1,1280,1514 291.09 (3) The department shall study whether the list of hazardous wastes
15under s. 291.05 (2) should be revised as it relates to commercial chemical products.
AB133-ASA1, s. 2570 16Section 2570. 292.11 (7) (d) 1m. of the statutes is created to read:
AB133-ASA1,1280,2017 292.11 (7) (d) 1m. The department may negotiate and enter into an agreement
18containing a schedule for conducting nonemergency actions required under sub. (3)
19with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf
20of owners of contaminated property within one of the following:
AB133-ASA1,1280,2121 a. A business improvement district, as defined in s. 66.608 (1) (b).
AB133-ASA1,1280,2422 b. An area designated by the local governmental unit if the area consists of 2
23or more properties affected by a contiguous region of groundwater contamination or
24contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v).
AB133-ASA1, s. 2571 25Section 2571. 292.11 (7) (d) 2. of the statutes is amended to read:
AB133-ASA1,1281,3
1292.11 (7) (d) 2. The department may charge fees, in accordance with rules that
2it promulgates, to offset the costs of negotiating and entering into an agreement
3under subd. 1. or 1m.
AB133-ASA1, s. 2572 4Section 2572. 292.11 (9) (e) 1. of the statutes is amended to read:
AB133-ASA1,1281,85 292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a
6municipality, a redevelopment authority created under s. 66.431, a public body
7designated by a municipality under s. 66.435 (4), a community development
8authority
or a housing authority.
AB133-ASA1, s. 2573 9Section 2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
AB133-ASA1,1281,1410 292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local
11governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to
12discharges of hazardous substances on or originating from property acquired by the
13local government unit before, on or after the effective date of this subdivision ....
14[revisor inserts date],
if any of the following applies:
AB133-ASA1, s. 2574 15Section 2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
AB133-ASA1,1281,1816 292.11 (9) (e) 1m. b. The local governmental unit acquired the property from
17a local governmental unit that acquired is exempt under this subdivision with
18respect to
the property under a method described in subd. 1m. a.
AB133-ASA1, s. 2575 19Section 2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:
AB133-ASA1,1281,2120 292.11 (9) (e) 1m. e. The local governmental unit acquired the property through
21escheat.
AB133-ASA1, s. 2576 22Section 2576. 292.11 (9) (e) 1m. f. of the statutes is created to read:
AB133-ASA1,1281,2423 292.11 (9) (e) 1m. f. The local governmental unit acquired the property using
24funds appropriated under s. 20.866 (2) (tz).
AB133-ASA1, s. 2577 25Section 2577. 292.11 (9) (e) 1s. of the statutes is amended to read:
AB133-ASA1,1282,8
1292.11 (9) (e) 1s. An Except as provided in subds. 2. and 4. to 6., an economic
2development corporation described in section 501 (c) of the Internal Revenue Code,
3as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a)
4of the Internal Revenue Code, or an entity wholly owned and operated by such a
5corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property
6acquired before, on or after October 14, 1997, if the property is acquired to further
7the economic development purposes that qualify the corporation as exempt from
8federal taxation.
AB133-ASA1, s. 2578 9Section 2578. 292.11 (9) (e) 3. of the statutes is repealed.
AB133-ASA1, s. 2579 10Section 2579. 292.11 (9) (e) 5. c. of the statutes is repealed.
AB133-ASA1, s. 2580 11Section 2580. 292.11 (9) (e) 6. of the statutes is created to read:
AB133-ASA1,1282,1712 292.11 (9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental
13unit or the economic development corporation agrees to allow the department, any
14authorized representatives of the department, any party that possessed or controlled
15the hazardous substance or caused the discharge of the hazardous substance and any
16consultant or contractor of such a party to enter the property to take action to respond
17to the discharge.
AB133-ASA1, s. 2581 18Section 2581. 292.11 (9) (e) 7. of the statutes is created to read:
AB133-ASA1,1282,2119 292.11 (9) (e) 7. Subdivision 1m. does not apply to property described in subd.
201m. f. unless the local governmental unit enters into an agreement with the
21department to ensure that the conditions in subds. 2. and 4. are satisfied.
AB133-ASA1, s. 2582 22Section 2582. 292.15 (1) (a) of the statutes is created to read:
AB133-ASA1,1282,2323 292.15 (1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).
AB133-ASA1, s. 2583 24Section 2583. 292.15 (1) (am) of the statutes is created to read:
AB133-ASA1,1283,4
1292.15 (1) (am) "Natural attenuation" means the reduction in the mass and
2concentration in groundwater of a substance, and the products into which the
3substance breaks down, due to naturally occurring physical, chemical and biological
4processes, without human intervention.
AB133-ASA1, s. 2584 5Section 2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:
AB133-ASA1,1283,76 292.15 (1) (f) "Voluntary party" means a person who submits an application to
7obtain an exemption under this section and pays any fees required under sub. (5).
AB133-ASA1, s. 2585 8Section 2585. 292.15 (2) (a) (title) of the statutes is created to read:
AB133-ASA1,1283,99 292.15 (2) (a) (title) General.
AB133-ASA1, s. 2586 10Section 2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:
AB133-ASA1,1283,1811 292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is
12exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25
13(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
14promulgated under those provisions, with respect to the existence discharges of a
15hazardous substance substances on the or originating from a property, if the release
16of those hazardous substances occurred prior to the date on which the department
17approves the environmental investigation of the property under subd. 1. and
if all
18of the following occur at any time before or after the date of acquisition:
AB133-ASA1, s. 2587 19Section 2587. 292.15 (2) (a) 2. of the statutes is amended to read:
AB133-ASA1,1283,2420 292.15 (2) (a) 2. Except as provided in sub. (4), the property is cleaned up by
21restoring the
environment is restored to the extent practicable with respect to the
22discharges
and minimizing the harmful effects from a discharge of the hazardous
23substance
the discharges are minimized in accordance with rules promulgated by the
24department and any contract entered into under those rules.
AB133-ASA1, s. 2588 25Section 2588. 292.15 (2) (a) 3. of the statutes is amended to read:
AB133-ASA1,1284,4
1292.15 (2) (a) 3. The voluntary party obtains a certificate of completion from
2the department that the property environment has been satisfactorily restored to the
3extent practicable with respect to the discharges and that the harmful effects from
4a discharge of a hazardous substance the discharges have been minimized.
AB133-ASA1, s. 2589 5Section 2589. 292.15 (2) (a) 6. of the statutes is amended to read:
AB133-ASA1,1284,106 292.15 (2) (a) 6. The voluntary party has not obtained the certification under
7subd. 3.
certificate of completion by fraud or misrepresentation, by the knowing
8failure to disclose material information or under circumstances in which the
9voluntary party knew or should have known about more discharges of hazardous
10substances than were revealed by the investigation conducted under subd. 1.
AB133-ASA1, s. 2591 11Section 2591. 292.15 (2) (ae) of the statutes is created to read:
AB133-ASA1,1284,2312 292.15 (2) (ae) Natural attenuation. Except as provided in sub. (6) or (7), if
13there exists a hazardous substance in groundwater on or originating from a property
14in a concentration that exceeds an enforcement standard and the department
15determines that natural attenuation will restore groundwater quality in accordance
16with rules promulgated by the department, a voluntary party is exempt from ss.
17289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11
18(3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those
19provisions, with respect to discharges of hazardous substances on or originating from
20the property, if the release of those hazardous substances occurred prior to the date
21on which the department approves the environmental investigation of the property
22under subd. 1. and if all of the following occur at any time before or after the date of
23acquisition:
AB133-ASA1,1284,2524 1. An environmental investigation of the property is conducted that is approved
25by the department.
AB133-ASA1,1285,6
12. The environment is restored to the extent practicable with respect to the
2discharges and the harmful effects from the discharges are minimized in accordance
3with rules promulgated by the department and any contract entered into under those
4rules, except that this requirement does not apply with respect to the hazardous
5substance in groundwater that the department has determined will be brought into
6compliance with rules promulgated by the department through natural attenuation.
AB133-ASA1,1285,127 3. The voluntary party obtains a certificate of completion from the department
8stating that the environment has been satisfactorily restored to the extent
9practicable with respect to the discharges and that the harmful effects from the
10discharges have been minimized, except with respect to the hazardous substance in
11groundwater that the department has determined will be brought into compliance
12with rules promulgated by the department through natural attenuation.
AB133-ASA1,1285,1813 3m. If required by the department, the voluntary party obtains and maintains
14insurance to cover the costs of complying with s. 292.11 (3) with respect to the
15hazardous substance that the department has determined will be brought into
16compliance with rules promulgated by the department through natural attenuation,
17in case natural attenuation fails, and the insurance complies with rules promulgated
18by the department and names this state as the insured.
AB133-ASA1,1285,2119 4. The voluntary party maintains and monitors the property as required under
20rules promulgated by the department and any contract entered into under those
21rules.
AB133-ASA1,1285,2322 5. The voluntary party does not engage in activities that are inconsistent with
23the maintenance of the property.
AB133-ASA1,1286,324 6. The voluntary party has not obtained the certification under subd. 3. by
25fraud or misrepresentation, by the knowing failure to disclose material information

1or under circumstances in which the voluntary party knew or should have known
2about more discharges of hazardous substances than were revealed by the
3investigation conducted under subd. 1.
AB133-ASA1, s. 2592 4Section 2592. 292.15 (2) (ag) of the statutes is created to read:
AB133-ASA1,1286,155 292.15 (2) (ag) Property affected by off-site discharge. Except as provided in
6sub. (6) or (7), for a property on which there exists a hazardous substance for which
7a voluntary party is exempt from liability under s. 292.13 (1), a voluntary party is
8exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25
9(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
10promulgated under those provisions, with respect to discharges of hazardous
11substances on or originating from the property, if the release of those hazardous
12substances occurred prior to the date on which the department approves the
13environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to
146. apply and all of the following occur at any time before or after the date of
15acquisition:
AB133-ASA1,1286,2016 1. The environment is restored to the extent practicable with respect to the
17discharges and the harmful effects from the discharges are minimized in accordance
18with rules promulgated by the department and any contract entered into under those
19rules, except that this requirement does not apply with respect to the hazardous
20substance for which the voluntary party is exempt from liability under s. 292.13 (1).
AB133-ASA1,1286,2521 2. The voluntary party obtains a certificate of completion from the department
22stating that the environment has been satisfactorily restored to the extent
23practicable with respect to the discharges and that the harmful effects from the
24discharges have been minimized, except with respect to the hazardous substance for
25which the voluntary party is exempt from liability under s. 292.13 (1).
AB133-ASA1,1287,3
13. The voluntary party obtains a written determination from the department
2under s. 292.13 (2) with respect to the hazardous substance for which the voluntary
3party is exempt from liability under s 292.13 (1).
AB133-ASA1,1287,54 4. The voluntary party continues to satisfy the conditions under s. 292.13 (1)
5(d) to (g).
AB133-ASA1, s. 2593 6Section 2593. 292.15 (2) (am) (intro.) of the statutes is amended to read:
AB133-ASA1,1287,157 292.15 (2) (am) Partial cleanup. (intro.) The department may approve a
8partial cleanup and issue a certificate of completion as provided in par. (a), (ae) or (ag)
9that states that not all of the property has been satisfactorily restored or that not all
10of the harmful effects from a discharge of a hazardous substance have been
11minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37
12(2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property
13or hazardous substances cleaned up under this paragraph. In addition to meeting
14the requirements of par. (a), (ae) or (ag), a certificate for a partial cleanup under this
15paragraph may be issued only if:
AB133-ASA1, s. 2594 16Section 2594. 292.15 (2) (ar) (title) of the statutes is created to read:
AB133-ASA1,1287,1717 292.15 (2) (ar) (title) Condition.
AB133-ASA1, s. 2595 18Section 2595. 292.15 (2) (at) of the statutes is created to read:
AB133-ASA1,1287,2519 292.15 (2) (at) Discharges discovered after environmental investigations.
20Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1),
21(2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and
22(7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with
23respect to a discharge of a hazardous substance on or originating from a property if
24the discharge occurred before the environmental investigation under subd. 1. is
25completed and if all of the following apply:
AB133-ASA1,1288,3
11. An environmental investigation of the property and of any discharges of
2hazardous substances originating from the property is conducted and is approved by
3the department.
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