SB45-SSA1-SA1,229,2322 5. Policies relating to vendors from whom the covered operator obtains
23products or services.
SB45-SSA1-SA1,229,2424 6. Policies for fencing and signs at the covered facility.
SB45-SSA1-SA1,229,2525 7. Isolation and sanitation procedures.
SB45-SSA1-SA1,230,1
18. Policies for disinfecting structures in which poultry are kept.
SB45-SSA1-SA1,230,22 9. Policies concerning vaccination and medication of poultry.
SB45-SSA1-SA1,230,33 10. Manure handling policies.
SB45-SSA1-SA1,230,44 11. Policies concerning the transportation of poultry.
SB45-SSA1-SA1,230,55 12. Policies for employe training and accountability of employes.
SB45-SSA1-SA1,230,76 (g) The covered operator obtains the approval of the department for the plan
7under par. (f).
SB45-SSA1-SA1,230,98 (h) The covered operator maintains records of the results of each test under
9pars. (b) and (c) for 5 years after the test is conducted.
SB45-SSA1-SA1,230,13 10(4) Duties of the department. (a) If the department determines that the
11results of a test under sub. (3) (c) indicate the presence of mycoplasma gallisepticum
12or mycoplasma synoviae, the department shall immediately order the slaughter of
13all poultry kept at the covered facility and supervise the disposal of the carcasses.
SB45-SSA1-SA1,230,1614 (b) The department shall review and approve, disapprove or conditionally
15approve plans submitted under sub. (3) (f). The department may require any
16revision to such a plan that the department determines is appropriate.
SB45-SSA1-SA1,230,2017 (c) The department shall retain a copy of the results of each test under sub. (3)
18(b) and (c) for at least 5 years after the test is conducted. The department shall retain
19a copy of a plan approved under par. (b) while the plan is in effect and for at least 5
20years after the plan ceases to be in effect.
SB45-SSA1-SA1,230,23 21(5) No indemnification. Notwithstanding s. 95.31 (3) and (4), a covered
22operator is not eligible for indemnification for poultry ordered to be slaughtered
23under sub. (4) (a).
SB45-SSA1-SA1,231,3
1(6) Penalty. Any person that violates this section or an order issued under this
2section may be required to forfeit not less than $5,000 nor more than $1,000,000 for
3each violation.
SB45-SSA1-SA1,231,6 4(7) Enforcement. (a) The department may bring an action to recover a
5forfeiture under sub. (6) or to seek an injunction restraining the violation of this
6section or an order issued under this section.
SB45-SSA1-SA1,231,117 (b) An affected party that is injured or threatened with injury by a violation of
8this section or an order issued under this section may bring an action for a temporary
9or permanent injunction or damages. The action may not be commenced until 15
10days after the day on which the affected party notifies the department and the person
11alleged to be in violation of the intent to bring the action.
SB45-SSA1-SA1,231,1412 (c) An affected party that obtains an injunction or is awarded damages under
13par. (b) may recover costs and, notwithstanding s. 814.04 (1), reasonable attorney
14fees.".
SB45-SSA1-SA1,231,15 15831. Page 1017, line 24: after that line insert:
SB45-SSA1-SA1,231,16 16" Section 1975m. 101.09 (2) (cm) of the statutes is created to read:
SB45-SSA1-SA1,231,2117 101.09 (2) (cm) Any rules promulgated under sub. (3) requiring an owner to test
18the ability of a storage tank, connected piping or ancillary equipment to prevent an
19inadvertent release of a stored substance do not apply to storage tanks that have a
20capacity of less than 1,100 gallons and that are used to store heating oil for
21residential, consumptive use on the premises where stored.".
SB45-SSA1-SA1,231,22 22832. Page 1018, line 14: after that line insert:
SB45-SSA1-SA1,231,23 23" Section 1977m. 101.1205 (5m) of the statutes is amended to read:
SB45-SSA1-SA1,232,6
1101.1205 (5m) Notwithstanding subs. (1) and (5), a county, city, village or town
2that has in effect on January 1, 1994, may administer and enforce an ordinance that
3establishes standards for erosion control at building sites for the construction of
4public buildings and buildings that are places of employment may continue to
5administer and enforce that ordinance
if the standards in the ordinance are more
6stringent than the standards established under sub. (1).".
SB45-SSA1-SA1,232,8 7833. Page 1019, line 4: delete the material beginning with that line and
8ending with page 1031, line 23, and substitute:
SB45-SSA1-SA1,232,9 9" Section 1979pm. 101.143 (1) (bm) of the statutes is created to read:
SB45-SSA1-SA1,232,1110 101.143 (1) (bm) "Enforcement standard" has the meaning given in s. 160.01
11(2).
SB45-SSA1-SA1, s. 1979rm 12Section 1979rm. 101.143 (1) (cq) of the statutes is created to read:
SB45-SSA1-SA1,232,1513 101.143 (1) (cq) "Natural attenuation" means the reduction in the
14concentration and mass of a substance, and the products into which the substance
15breaks down, due to naturally occurring physical, chemical and biological processes.
SB45-SSA1-SA1, s. 1980cm 16Section 1980cm. 101.143 (2) (h) of the statutes is created to read:
SB45-SSA1-SA1,232,2017 101.143 (2) (h) The department of commerce, in consultation with the
18department of natural resources, shall promulgate rules designed to facilitate
19effective and cost-efficient administration of the program under this section that
20specify all of the following:
SB45-SSA1-SA1,232,2321 1. Information that must be submitted under this section, including quarterly
22summaries of costs incurred with respect to a discharge for which a claim is intended
23to be submitted under sub. (3) but for which a final claim has not been submitted.
SB45-SSA1-SA1,232,2424 2. Formats for submitting the information under subd. 1.
SB45-SSA1-SA1,233,3
13. Review procedures that must be followed by employes of the department of
2natural resources and the department of commerce in reviewing the information
3under subd. 1.
SB45-SSA1-SA1, s. 1981cm 4Section 1981cm. 101.143 (2) (i) of the statutes is created to read:
SB45-SSA1-SA1,233,105 101.143 (2) (i) The department of commerce, in consultation with the
6department of natural resources, shall promulgate rules specifying procedures for
7evaluating remedial actions under sub. (3) (c) 3. to be used by employes of the
8department of commerce and the department of natural resources while remedial
9actions are being conducted. The department of commerce shall specify procedures
10that include all of the following for ongoing remedial actions:
SB45-SSA1-SA1,233,1211 1. Annual reviews that include application of the method under sub. (2e) (a) to
12determine the risk posed by discharges that are the subject of the remedial actions.
SB45-SSA1-SA1,233,1413 2. Annual reports by consultants estimating the additional costs that must be
14incurred to comply with sub. (3) (c) 3. and with enforcement standards.
SB45-SSA1-SA1, s. 1981em 15Section 1981em. 101.143 (2) (j) of the statutes is created to read:
SB45-SSA1-SA1,233,1816 101.143 (2) (j) The department of commerce, in consultation with the
17department of natural resources, shall promulgate rules specifying all of the
18following:
SB45-SSA1-SA1,233,2019 1. The conditions under which employes of the department of commerce and
20the department of natural resources must issue approvals under sub. (3) (c) 4.
SB45-SSA1-SA1,233,2221 2. Training and management procedures to ensure that employes comply with
22the requirements under subd. 1.
SB45-SSA1-SA1, s. 1982cm 23Section 1982cm. 101.143 (2e) of the statutes is created to read:
SB45-SSA1-SA1,234,424 101.143 (2e) Risk-based analysis. (a) The department of commerce, in
25consultation with the department of natural resources, shall promulgate rules

1specifying a method, which shall include consideration of the routes for migration of
2petroleum product contamination, for determining the risk to public health, safety
3and welfare and to the environment posed by discharges for which the department
4of commerce receives notification under sub. (3) (a) 3.
SB45-SSA1-SA1,234,85 (b) The department of natural resources or, if the discharge is covered under
6s. 101.144 (2) (b), the department of commerce shall apply the method under par. (a)
7to determine the risk posed by a discharge for which the department of commerce
8receives notification under sub. (3) (a) 3.
SB45-SSA1-SA1, s. 1983bm 9Section 1983bm. 101.143 (3) (c) 2. of the statutes is amended to read:
SB45-SSA1-SA1,234,1210 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific
11remedial action activities proposed to be conducted under subd. 3. and submit the
12remedial action plan to the department.
SB45-SSA1-SA1, s. 1983f 13Section 1983f. 101.143 (3) (cg) of the statutes is created to read:
SB45-SSA1-SA1,234,2114 101.143 (3) (cg) Approval to begin remedial action. 1. Except as provided in
15subds. 2. and 3., to be eligible for an award under sub. (4) an owner or operator may
16not begin remedial action under par. (c) 3. with respect to a discharge without the
17approval of the department of commerce and the department of natural resources.
18The department of commerce and the department of natural resources shall jointly
19determine when it is appropriate to begin remedial action with respect to a discharge
20based on the determination of risk under sub. (2e) (b) for the discharge and the
21availability of funds to pay awards under sub. (4).
SB45-SSA1-SA1,234,2522 2. Subdivision 1. does not apply if the discharge is from a home oil tank system,
23a petroleum product storage system that is described in sub. (4) (ei) 1. or a petroleum
24product storage system that is owned by a school district and that is used for storing
25heating oil for consumptive use on the premises where stored.
SB45-SSA1-SA1,235,2
13. Subdivision 1. does not apply to remedial action in response to an emergency
2if par. (g) applies.
SB45-SSA1-SA1,235,53 4. Notwithstanding s. 292.11 (3) and (7) (c), an owner or operator to whom subd.
41. applies is not required to begin remedial action under par. (c) 3. until the owner
5or operator receives approval under subd. 1.
SB45-SSA1-SA1, s. 1983mm 6Section 1983mm. 101.143 (3) (cm) of the statutes is amended to read:
SB45-SSA1-SA1,235,127 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
8owning a home oil tank system may, with the approval of the department of natural
9resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
10commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and
11implementing monitoring to ensure the effectiveness of the natural process of
12degradation
attenuation of petroleum product contamination.
SB45-SSA1-SA1, s. 1983tm 13Section 1983tm. 101.143 (3) (cp) of the statutes is created to read:
SB45-SSA1-SA1,235,1914 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 4., if the
15department of natural resources or, if the site is covered under s. 101.144 (2) (b), the
16department of commerce estimates that the cost to complete a site investigation,
17remedial action plan and remedial action for an occurrence exceeds $60,000, the
18department of commerce shall implement a competitive public bidding process to
19obtain information to assist in making the determination under par. (cs).
SB45-SSA1-SA1,235,2320 2. The department of commerce may not implement the process under subd.
211. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well
22operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
23well used to provide water for human consumption.
SB45-SSA1-SA1,236,224 3. The department of commerce may not implement the process under subd.
251. if the department of natural resources waives the requirement on the grounds that

1waiver is necessary in an emergency to prevent or mitigate an imminent hazard to
2public health, safety or welfare or to the environment.
SB45-SSA1-SA1,236,53 4. The department of commerce may not implement the process under subd.
41. if the secretary of natural resources waives the requirement after providing notice
5to the secretary of commerce.
SB45-SSA1-SA1, s. 1984cm 6Section 1984cm. 101.143 (3) (cs) of the statutes is created to read:
SB45-SSA1-SA1,236,147 101.143 (3) (cs) Determination of least costly method of remedial action. 1. The
8department of commerce shall review the remedial action plan for a site that is
9classified as low or medium priority under s. 101.144 (3m) and shall determine the
10least costly method of complying with par. (c) 3. and with enforcement standards.
11The department shall notify the owner or operator of its determination of the least
12costly method and shall notify the owner or operator that reimbursement for
13remedial action under this section is limited to the amount necessary to implement
14that method.
SB45-SSA1-SA1,236,2115 2. The department of natural resources and the department of commerce shall
16review the remedial action plan for a site that is classified as high priority under s.
17101.144 (3m) and shall jointly determine the least costly method of complying with
18par. (c) 3. and with enforcement standards. The departments shall notify the owner
19or operator of their determination of the least costly method and shall notify the
20owner or operator that reimbursement for remedial action under this section is
21limited to the amount necessary to implement that method.
SB45-SSA1-SA1,236,2422 3. In making determinations under subds. 1. and 2., the department of natural
23resources and the department of commerce shall determine whether natural
24attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
SB45-SSA1-SA1, s. 1984m 25Section 1984m. 101.143 (3) (cw) of the statutes is created to read:
SB45-SSA1-SA1,237,8
1101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct
2the annual review required under sub. (2) (i) 1. for a site that is classified as low or
3medium priority under s. 101.144 (3m) and shall determine the least costly method
4of completing remedial action at the site in order to comply with par. (c) 3. and with
5enforcement standards. The department shall notify the owner or operator of its
6determination of the least costly method and shall notify the owner or operator that
7reimbursement under this section for any remedial action conducted after the date
8of the notice is limited to the amount necessary to implement that method.
SB45-SSA1-SA1,237,179 2. The department of natural resources and the department of commerce shall
10conduct the annual review required under sub. (2) (i) 1. for a site that is classified as
11high priority under s. 101.144 (3m) and shall jointly determine the least costly
12method of completing remedial action at the site in order to comply with par. (c) 3.
13and with enforcement standards. The departments shall notify the owner or
14operator of their determination of the least costly method and shall notify the owner
15or operator that reimbursement under this section for remedial action conducted
16after the date of the notice is limited to the amount necessary to implement that
17method.
SB45-SSA1-SA1,237,2018 3. In making determinations under subds. 1. and 2., the department of natural
19resources and the department of commerce shall determine whether natural
20attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
SB45-SSA1-SA1, s. 1985bm 21Section 1985bm. 101.143 (3) (d) of the statutes is amended to read:
SB45-SSA1-SA1,238,622 101.143 (3) (d) Review of site investigations, remedial action plans and Final
23review of
remedial action activities. The department of natural resources or, if the
24discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at
25the request of the claimant, review the site investigation and the remedial action

1plan and advise the claimant on the adequacy of proposed remedial action activities
2in meeting the requirements of s. 292.11. The advice is not an approval of the
3remedial action activities.
The department of natural resources or, if the discharge
4is covered under s. 101.144 (2) (b), the department of commerce shall complete a final
5review of the remedial action activities within 60 days after the claimant notifies the
6appropriate department that the remedial action activities are completed.
SB45-SSA1-SA1, s. 1985em 7Section 1985em. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated,
8renumbered 101.143 (3) (g) and amended to read:
SB45-SSA1-SA1,238,179 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
10and 2., an owner or operator or the person may submit a claim for an award under
11sub. (4) after notifying the department under par. (a) 3., without completing an
12investigation under par. (c) 1. and without preparing a remedial action plan under
13par. (c) 2. if any of the following apply: 1. An an emergency existed which made the
14investigation under par. (c) 1. and the remedial action plan under par. (c) 2.
15inappropriate and, before conducting remedial action, the owner or operator or
16person notified the department of natural resources of the emergency and the
17department of natural resources authorized emergency action
.
SB45-SSA1-SA1, s. 1985fm 18Section 1985fm. 101.143 (3) (g) 2. of the statutes is repealed.
SB45-SSA1-SA1, s. 1985mm 19Section 1985mm. 101.143 (4) (b) (intro.) of the statutes is amended to read:
SB45-SSA1-SA1,238,2320 101.143 (4) (b) Eligible costs. (intro.) Eligible Except as provided in par. (c),
21eligible
costs for an award under par. (a) include actual costs or, if the department
22establishes a schedule usual and customary cost under par. (cm) for an item, usual
23and customary costs for the following items only:
SB45-SSA1-SA1, s. 1986gm 24Section 1986gm. 101.143 (4) (c) 10. of the statutes is created to read:
SB45-SSA1-SA1,239,2
1101.143 (4) (c) 10. Costs incurred with respect to a discharge if sub. (3) (cg) 1.
2applies and remedial action is begun before approval is given under sub. (3) (cg) 1.
SB45-SSA1-SA1, s. 1986i 3Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:
SB45-SSA1-SA1,239,54 101.143 (4) (c) 11. Costs that exceed the amount necessary to comply with sub.
5(3) (c) 3. and with enforcement standards using the least costly method.
SB45-SSA1-SA1, s. 1986k 6Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:
SB45-SSA1-SA1,239,97 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub.
8(3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3.
9and with enforcement standards using the method specified in the notice.
SB45-SSA1-SA1, s. 1986mm 10Section 1986mm. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4)
11(cm) 1. and amended to read:
SB45-SSA1-SA1,239,2312 101.143 (4) (cm) 1. The department may shall establish a schedule of usual and
13customary costs for any items under par. (b) and may that are commonly associated
14with claims under this section. The department shall
use that schedule to determine
15the amount of a claimant's eligible costs for an occurrence for which a competitive
16bidding process is not used, except in circumstances under which higher costs must
17be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an
18occurrence for which a competitive bidding process is used, the department may not
19use the schedule. In the schedule, the department shall specify the maximum
20number of reimbursable hours for particular tasks and the maximum reimbursable
21hourly rates for those tasks. The department shall use methods of data collection and
22analysis that enable the schedule to be revised to reflect changes in actual costs. This
23subdivision does not apply after June 30, 2001
.
SB45-SSA1-SA1, s. 1986pm 24Section 1986pm. 101.143 (4) (cm) 2. of the statutes is created to read:
SB45-SSA1-SA1,240,4
1101.143 (4) (cm) 2. The department may establish a schedule of usual and
2customary costs for any items under par. (b) and may use that schedule to determine
3the amount of a claimant's eligible costs. This subdivision applies after June 30,
42001.
SB45-SSA1-SA1, s. 1987b 5Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:
SB45-SSA1-SA1,240,166 101.143 (4) (d) 2. (intro.) The department shall issue the award under this
7paragraph without regard to fault in an amount equal to the amount of the eligible
8costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs 100%
9of the amount by which eligible costs exceed $18,750 but do not exceed $21,250, plus
1010% of the amount by which eligible costs exceed $21,250 but do not exceed $40,000,
11plus 5% of the amount by which eligible costs exceed $40,000
, but not more than
12$7,500 per occurrence, except that the deductible amount for a petroleum product
13storage system that is owned by a school district or a technical college district and
14that is used for storing heating oil for consumptive use on the premises is 25% of
15eligible costs. An award issued under this paragraph may not exceed the following
16for each occurrence:".
SB45-SSA1-SA1,240,17 17834. Page 1033, line 1: delete "$270,000,000" and substitute "$450,000,000".
SB45-SSA1-SA1,240,18 18835. Page 1033, line 6: delete lines 6 to 21.
SB45-SSA1-SA1,240,20 19836. Page 1034, line 9: delete the material beginning with that line and
20ending with page 1037, line 19, and substitute:
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