AB133-ASA1,1289,224
292.15
(2) (b)
Extent of exemptions. The exemptions provided in pars. (a)
, (ae),
25(ag) and (am) continue to apply after the date of certification by the department
1under par. (a) 3.
, (ae) 3. or (ag) 2., or approval by the department under par. (am),
2notwithstanding the occurrence of any of the following:
AB133-ASA1,1289,53
1. Statutes, rules or regulations are created or amended that would impose
4greater responsibilities on the voluntary party than those imposed under par. (a) 2
.,
5(ae) 2. or (ag) 1.
AB133-ASA1,1289,96
2. The voluntary party fully complies with the rules promulgated by the
7department and any contract entered into under those rules under par. (a) 2.
, (ae) 2.
8or (ag) 1. but it is discovered that the cleanup fails to fully restore the environment
9and minimize the effects from a discharge of a hazardous substance.
AB133-ASA1,1289,1210
3. The contamination from a hazardous substance that is the subject of the
11cleanup under par. (a) 2.
, (ae) 2. or (ag) 1. is discovered to be more extensive than
12anticipated by the voluntary party and the department.
AB133-ASA1,1289,1414
292.15
(2) (c) (title)
Prohibition on action.
AB133-ASA1,1289,1916
292.15
(2) (c) The department of justice may not commence an action under
42
17USC 9607 against any voluntary party meeting the criteria of this subsection to
18recover costs for which the voluntary party is exempt under pars. (a),
(ac), (ag), (am)
,
19(at) and (b).
AB133-ASA1,1289,2121
292.15
(2) (d) (title)
Exception.
AB133-ASA1,1290,223
292.15
(2) (e)
Contract with insurer. If the department requires insurance
24under par. (ae) 3m. or (at) 3., the department may contract with an insurer to provide
1insurance required under par. (ae) 3m. or (at) 3. and may require voluntary parties
2to obtain coverage under the contract.
AB133-ASA1,1290,114
292.15
(3) Successors and assigns.
The An exemption provided in sub. (2)
5applies to any successor or assignee of the voluntary party
who qualifies as a
6voluntary party and who if the successor or assignee complies with the provisions of
7sub. (2) (a) 4. and 5.
unless or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or
8(am) as though the successor or assignee were the voluntary party except that the
9exemption in sub. (2) does not apply if the successor or assignee knows that a
10certificate under sub. (2) (a) 3.
, (ae) 3., (ag) 12. or (am) was obtained by any of the
11means or under any of the circumstances specified in sub. (2) (a) 6.
AB133-ASA1,1290,1813
292.15
(4) Limited responsibility. (intro.) The responsibility of a voluntary
14party under sub. (2) (a) 2. may be monetarily limited by agreement between the
15voluntary party and the department if the voluntary party purchased the property
16from a local governmental unit that acquired the property in a way
or for a purpose 17described in s. 292.11 (9) (e) 1m.
a., b., c. or d. The agreement shall stipulate all of the
18following:
AB133-ASA1, s. 2604
20Section
2604. 292.15 (6) of the statutes is renumbered 292.15 (6) (a) and
21amended to read:
AB133-ASA1,1290,2422
292.15
(6) (a) This section does not exempt property from any lien filed under
23s. 292.81 (3) for costs incurred by the department prior to the date that certification
24is issued under sub. (2) (a) 3
., (ae) 3. or (ag) 2.
AB133-ASA1,1291,4
1292.15
(6) (b) This section does not exempt property from any lien filed under
2s. 292.81 (3) for costs that are incurred by the department with respect to a hazardous
3substance discharge described in sub. (2) (at) 3. and that are not covered by insurance
4required by sub. (2) (at) 3.
AB133-ASA1,1291,117
292.21
(1) (c) 1. g. The lender agrees to allow the department, any authorized
8representatives of the department, any party that possessed or controlled the
9hazardous substance or caused the discharge of the hazardous substance and any
10consultant or contractor of such a party to enter the real property to take action to
11respond to the discharge.
AB133-ASA1,1291,1513
292.21
(1) (c) 1. h. The lender agrees to avoid any interference with action
14undertaken to respond to the discharge and to avoid actions that worsen the
15discharge.
AB133-ASA1,1291,1917
292.21
(1) (c) 1. i. The lender agrees to any other condition that the department
18determines is reasonable and necessary to ensure that the department or other
19person described in subd. 1. g. can adequately respond to the discharge.
AB133-ASA1,1291,23
21292.24 Responsibility of local governmental units; hazardous waste. 22(1) Definition. In this section, "local governmental unit" has the meaning given in
23s. 292.11 (9) (e) 1.
AB133-ASA1,1292,4
24(2) Exemption from liability. Except as provided in sub. (3), a local
25governmental unit is exempt from ss. 291.25 (1) to (5), 291.29 and 291.37, and rules
1promulgated under those provisions, with respect to the existence of a hazardous
2waste discharge on property acquired in a way or for a purpose described in s. 292.11
3(9) (e) 1m., if all of the following occur at any time before or after the date of
4acquisition:
AB133-ASA1,1292,75
(a) An environmental investigation of the property is conducted that is
6approved by the department and that identifies any hazardous waste discharges
7that occurred on the property.
AB133-ASA1,1292,128
(b) The hazardous waste discharges identified by the investigation under par.
9(a) are cleaned up by restoring the environment to the extent practicable with respect
10to the discharges and minimizing the harmful effects from the discharges in
11accordance with rules promulgated by the department and any contract entered into
12under those rules.
AB133-ASA1,1292,1613
(c) The local governmental unit obtains an approval from the department
14stating that the property has been satisfactorily restored to the extent practicable
15with respect to the hazardous waste discharges and that the harmful effects from the
16discharges have been minimized.
AB133-ASA1,1292,1917
(d) The local governmental unit maintains and monitors the property as
18required under rules promulgated by the department and any contract entered into
19under those rules.
AB133-ASA1,1292,2120
(e) The local governmental unit does not engage in activities that are
21inconsistent with the maintenance of the property.
AB133-ASA1,1293,222
(f) The local governmental unit has not obtained the certification under par. (c)
23by fraud or misrepresentation, by the knowing failure to disclose material
24information or under circumstances in which the local governmental unit knew or
1should have known about more discharges of hazardous waste than were revealed
2by the investigation conducted under par. (a).
AB133-ASA1,1293,43
(g) The local governmental unit did not cause the discharge of any hazardous
4waste identified on the property.
AB133-ASA1,1293,5
5(3) Applicability. Subsection (2) does not apply to any of the following:
AB133-ASA1,1293,76
(a) A hazardous waste treatment, storage or disposal facility that first begins
7operation after the date on which the local governmental unit acquired the property.
AB133-ASA1,1293,118
(b) A licensed hazardous waste treatment, storage or disposal facility operated
9on the property before the date on which the local governmental unit acquired the
10property and that is operated after the date on which the local governmental unit
11acquired the property.
AB133-ASA1,1293,1412
(c) Any hazardous waste disposal facility that has been issued a license under
13s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those
14sections, for a period of long-term care following closure of the facility.
AB133-ASA1,1293,17
16292.25 Report on impact of exemptions from liability. (1) The
17department shall biennially determine all of the following:
AB133-ASA1,1293,1918
(a) The number of sites for which a person is seeking to qualify for an exemption
19under s. 292.15.
AB133-ASA1,1293,2120
(b) The number of sites for which a certificate of completion was issued under
21s. 292.15.
AB133-ASA1,1293,2422
(c) The number of sites for which a certificate of completion was issued under
23s. 292.15 at which it is discovered that the cleanup failed or at which additional
24hazardous substances are found after the certificate of completion was issued.
AB133-ASA1,1294,3
1(d) The number of sites described in par. (b) at which the department has
2determined that it is necessary to conduct remedial action using moneys from the
3environmental fund and the estimated costs of performing that remedial action.
AB133-ASA1,1294,54
(e) The number of sites for which a claim was made against an insurance policy
5required under s. 292.15.
AB133-ASA1,1294,8
6(2) No later than September 15 of each even-numbered year, the department
7shall submit a report describing its determinations under sub. (1) to the legislature
8under s. 13.172 (2), to the governor and to the department of administration.
AB133-ASA1,1294,10
9(3) The department may require a person to provide information necessary for
10the department to make the determinations under sub. (1).
AB133-ASA1,1294,18
12292.255 Report on brownfield efforts. On or before June 30 annually, the
13department of natural resources, the department of administration, the department
14of commerce, the department of revenue and the department of transportation shall
15submit a report to the appropriate standing committees of the legislature under s.
1613.172 (3) and to the joint committee on finance evaluating the effectiveness of this
17state's efforts to remedy the contamination of, and to redevelop, brownfields, as
18defined in s. 560.60 (1v).
AB133-ASA1,1294,22
20292.33 Local government cost recovery cause of action. (1) Definition.
21 In this section "local governmental unit" has the meaning given in s. 292.11 (9) (e)
221.
AB133-ASA1,1295,2
23(2) Cause of action. Except as provided in sub. (6), a local governmental unit
24may recover costs as provided in sub. (4) from a responsible person described in sub.
1(3) if the costs are incurred in connection with a property acquired as provided in s.
2292.11 (9) (e) 1m. on which a hazardous substance has been discharged.
AB133-ASA1,1295,5
3(3) Responsible persons. (a) Except as provided in par. (b), a local
4governmental unit may recover costs in an action under this section from any of the
5following:
AB133-ASA1,1295,86
1. A person who, at the time that the local governmental unit acquired the
7property, possessed or controlled the hazardous substance that was discharged on
8the property.
AB133-ASA1,1295,109
2. A person who caused the discharge of the hazardous substance on the
10property.
AB133-ASA1,1295,1411
(b) A local governmental unit may not recover costs in an action under sub. (2)
12from a person described in par. (a) if the person qualifies for an exemption under s.
13292.11 (9) (e), 292.13, 292.15, 292.16, 292.19 or 292.21 with respect to the discharge
14that is the subject of the action.
AB133-ASA1,1295,17
15(4) Recoverable costs. (a) Except as provided in par. (b), in an action under
16this section a local governmental unit may recover the reasonable and necessary
17costs that it incurs for all of the following:
AB133-ASA1,1295,1918
1. Investigating environmental contamination on the property and planning
19remedial activities described in subd. 2.
AB133-ASA1,1295,2120
2. Conducting remedial activities to restore the property for its intended future
21use.
AB133-ASA1,1295,2422
3. Administering the activities under subds. 1. and 2. and bringing the action
23under this section, including costs, disbursements and engineering fees but
24excluding attorney fees.
AB133-ASA1,1296,2
1(b) The costs determined under par. (a) shall be reduced by the fair market
2value of the property after completion of the activities under par. (a) 2.
AB133-ASA1,1296,53
(c) Recoverable costs under this subsection may not be reduced by the amount
4of any state or federal moneys received by the local governmental unit for any of the
5activities under par. (a).
AB133-ASA1,1296,116
(d) 1. In an action under this section, the liability of a responsible person
7described in sub. (3) (a) 2. is limited to the amount that bears the same proportion
8to the total costs under par. (a), adjusted as provided in par. (b), as the amount of the
9environmental pollution on the property from the discharge caused by the
10responsible person bears to all of the environmental pollution on the property from
11discharges of hazardous substances.
AB133-ASA1,1296,1512
2. In an action under this section, the liability of a responsible person described
13in sub. (3) (a) 1. is limited to the amount of the total costs under par. (a), adjusted as
14provided in par. (b), that the local governmental unit is unable to recover from
15responsible parties described in sub. (3) (a) 2.
AB133-ASA1,1296,22
16(5) Repaying state assistance. If a local governmental unit that recovers costs
17under this section received money from this state, other than under s. 292.11 (7) or
18292.31 (1), (3) or (7), for any of the activities under sub. (4) (a), the local governmental
19unit shall reimburse to the state an amount that bears the same proportion to the
20total amount recovered under this section as the amount received from the state,
21other than under s. 292.11 (7) or 292.31 (1), (3) or (7), bears to the total costs under
22sub. (4) (a) adjusted as provided in sub. (4) (b).
AB133-ASA1,1297,3
23(6) Exception. A local governmental unit may not recover costs under this
24section for remedial activities conducted on a property or portion of a property with
25respect to a discharge after the department of natural resources, the department of
1commerce or the department of agriculture, trade and consumer protection has
2indicated that no further remedial activities are necessary on the property or portion
3of the property with respect to the discharge.
AB133-ASA1,1297,6
4(7) Limitation of action. An action under this section shall be commenced
5within 6 years after the date that the local governmental unit completes the
6activities under sub. (4) (a) 2. or be barred.
AB133-ASA1,1297,11
8292.57 Database of properties on which groundwater standards are
9exceeded. (1) In this section, "groundwater standard" means an enforcement
10standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s.
11160.01 (6).
AB133-ASA1,1297,14
12(2) (a) The department may promulgate a rule specifying a fee for placing
13information concerning a property on which a groundwater standard is exceeded into
14a database.
AB133-ASA1,1297,1615
(b) Any moneys collected under this subsection shall be credited to the
16appropriation account under s. 20.370 (2) (mi).
AB133-ASA1,1297,1818
292.65
(1) (d) 9. A formal wear rental firm.
AB133-ASA1,1297,2120
292.65
(1) (ek) "Formal wear" includes tuxedos, suits and dresses, but does not
21include costumes, table linens and household fabrics.
AB133-ASA1,1297,2523
292.65
(1) (em) "Formal wear rental firm" means a facility that rents formal
24wear to the general public and dry cleans only the formal wear that it rents to the
25general public.
AB133-ASA1,1298,32
292.65
(1) (h) 3. A person who operated a dry cleaning facility that ceased
3operating before October 14, 1997.
AB133-ASA1, s. 2616
4Section
2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1.
5(intro.) and amended to read:
AB133-ASA1,1298,106
292.65
(1) (i) 1. (intro.) A person who owns, or has possession or control of,
a
7dry cleaning facility, or and who receives
or received direct or indirect consideration
8from the operation of
a dry cleaning facility regardless of whether the dry cleaning
9facility remains in operation and regardless of whether the person owns or receives
10consideration at the time that environmental pollution occurs., any of the following:
AB133-ASA1,1298,1212
292.65
(1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).
AB133-ASA1,1298,1614
292.65
(1) (i) 1. b. A dry cleaning facility that has ceased operation but that,
15if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2)
16before it ceased operation.