SB45: Bill Text

SB45,1185,9 (b) A local governmental unit may not recover costs in an action under sub. (2) from a person described in par. (a) if the person qualifies for an exemption 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.

SB45,1185,12 (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:

SB45,1185,14 1. Investigating environmental contamination on the property and planning remedial activities described in subd. 2.

SB45,1185,16 2. Conducting remedial activities to restore the property for its intended future use.

SB45,1185,19 3. Administering the activities under subds. 1. and 2. and bringing the action under this section, including costs, disbursements, engineering fees and, notwithstanding s. 814.04 (1), reasonable attorney fees.

SB45,1185,21 (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.

SB45,1185,24 (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).

SB45,1186,7 (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).

SB45,1186,13 (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.

SB45,1186,16 (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.

SB45, s. 2613 Section 2613. 292.57 of the statutes is created to read:

SB45,1186,21 292.57 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).

SB45,1186,24 (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.

SB45,1187,2 (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (2) (mi).

SB45, s. 2614 Section 2614. 292.65 (1) (d) 9. of the statutes is created to read:

SB45,1187,4 292.65 (1) (d) 9. A formal wear rental firm.

SB45, s. 2615 Section 2615. 292.65 (1) (h) 3. of the statutes is created to read:

SB45,1187,7 292.65 (1) (h) 3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.

SB45, s. 2616 Section 2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1. (intro.) and amended to read:

SB45,1187,14 292.65 (1) (i) 1. (intro.) A person who owns, or has possession or control of, a dry cleaning facility, or 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:

SB45, s. 2617 Section 2617. 292.65 (1) (i) 1. a. of the statutes is created to read:

SB45,1187,16 292.65 (1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).

SB45, s. 2618 Section 2618. 292.65 (1) (i) 1. b. of the statutes is created to read:

SB45,1187,20 292.65 (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.

SB45, s. 2619 Section 2619. 292.65 (1) (i) 3. of the statutes is created to read:

SB45,1187,23 292.65 (1) (i) 3. A person who owns the property on which one of the following is located:

SB45,1187,24 a. A dry cleaning facility that is licensed under s. 77.9961 (2).

SB45,1188,2 b. A dry cleaning facility that has ceased operation but that was licensed under s. 77.9961 (2) before it ceased operation.

SB45, s. 2620 Section 2620. 292.65 (1) (L) of the statutes is amended to read:

SB45,1188,7 292.65 (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.

SB45, s. 2621 Section 2621. 292.65 (3) (am) 2. of the statutes is amended to read:

SB45,1188,11 292.65 (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.

SB45, s. 2622 Section 2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to read:

SB45,1188,16 292.65 (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:

SB45,1188,19 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.

SB45,1188,22 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.

SB45,1188,25 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.

SB45, s. 2623 Section 2623. 292.65 (4) (f) of the statutes is amended to read:

SB45,1189,6 292.65 (4) (f) Remedial action plan options report. After completing the investigation under par. (e) and before conducting remedial action activities, an owner or operator shall prepare a remedial action plan options report, based on the investigation under par. (e), that identifies specific remedial action activities proposed to be conducted, except as provided in pars. (g) and (h).

SB45, s. 2624 Section 2624. 292.65 (4) (g) of the statutes is amended to read:

SB45,1189,11 292.65 (4) (g) Immediate action. An owner or operator is not required to complete an investigation or prepare a remedial action plan options report before conducting an immediate action activity if the department determines that an immediate action is necessary.

SB45, s. 2625 Section 2625. 292.65 (4) (h) of the statutes is amended to read:

SB45,1189,16 292.65 (4) (h) Interim remedial equipment. An owner or operator may install interim remedial equipment for which the owner or operator would be eligible for reimbursement under s. 292.66 before completing a site investigation or remedial action plan options report.

SB45, s. 2626 Section 2626. 292.65 (4) (i) of the statutes is amended to read:

SB45,1190,2 292.65 (4) (i) Review of site investigation and remedial action plan options report. The department shall, at the request of an owner or operator, review the site investigation results and the remedial action plan options report and advise the owner or operator on the adequacy of the proposed remedial action activities in meeting the requirements of this section. The department shall complete the review of the site investigation and remedial action plan options report within 45 days. The department shall also provide an estimate of when funding will be available to pay an award for remedial action conducted in response to the dry cleaning solvent discharge.

SB45, s. 2627 Section 2627. 292.65 (4) (m) of the statutes is created to read:

SB45,1190,7 292.65 (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.

SB45, s. 2628 Section 2628. 292.65 (4) (n) of the statutes is created to read:

SB45,1190,12 292.65 (4) (n) Notification of intent to file suit. An owner or operator shall notify the department of the owner's or operator's intent to file suit against an insurance company for the purpose of recovering the proceeds of an insurance policy intended to cover any eligible costs.

SB45, s. 2629 Section 2629. 292.65 (6) of the statutes is repealed.

SB45, s. 2630 Section 2630. 292.65 (7) (a) 3. of the statutes is amended to read:

SB45,1190,15 292.65 (7) (a) 3. Preparation of remedial action plans options reports.

SB45, s. 2631 Section 2631. 292.65 (7) (a) 16. of the statutes is repealed.

SB45, s. 2632 Section 2632. 292.65 (7) (b) of the statutes is repealed.

SB45, s. 2633 Section 2633. 292.65 (7) (c) 4. of the statutes is amended to read:

SB45,1190,21 292.65 (7) (c) 4. Costs that the department determines to be unreasonable or unnecessary to carry out the remedial action activities as specified in the remedial action plan options report.

SB45, s. 2634 Section 2634. 292.65 (7) (c) 6. of the statutes is created to read:

SB45,1190,23 292.65 (7) (c) 6. Costs of financing eligible activities.

SB45, s. 2635 Section 2635. 292.65 (8) (a) (intro.) and 2. of the statutes are amended to read:

SB45,1191,12 292.65 (8) (a) Application. (intro.) An owner or operator shall submit an application on a form provided by the department. An owner or operator may not submit an application before September 1, 1998. An owner or operator may not submit an application after August 30, 2003, if the application relates to a dry cleaning facility that ceased to operate before September 1, 1998. An owner or operator may not submit an application after August 20, 2008, if the application relates to any other dry cleaning facility. The department shall authorize owners and operators to apply for awards at stages in the process under sub. (4) that the department specifies by rule. An application shall include all of the following documentation of activities, plans reports and expenditures associated with the eligible costs incurred because of a dry cleaning solvent discharge from a dry cleaning facility:

SB45,1191,13 2. A remedial action plan options report.

SB45, s. 2636 Section 2636. 292.65 (8) (a) 4m. of the statutes is created to read:

SB45,1191,16 292.65 (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.

SB45, s. 2637 Section 2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to read:

SB45,1191,19 292.65 (8) (e) 3a. If eligible costs are $200,000 or less, $10,000.

SB45, s. 2638 Section 2638. 292.65 (8) (e) 3am. of the statutes is created to read:

SB45,1191,22 292.65 (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.

SB45, s. 2639 Section 2639. 292.65 (8) (e) 3ar. of the statutes is created to read:

SB45,1191,25 292.65 (8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000.

SB45, s. 2640 Section 2640. 292.65 (8) (e) 3b. of the statutes is amended to read:

SB45,1192,5 292.65 (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.

SB45, s. 2641 Section 2641. 292.65 (8) (e) 3c. of the statutes is amended to read:

SB45,1192,11 292.65 (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.

SB45, s. 2642 Section 2642. 292.65 (9m) of the statutes is created to read:

SB45,1192,19 292.65 (9m) Subrogation. The department is subrogated to the rights of an applicant who obtains an award under this section or s. 292.66 in an amount equal to the award and may join in an action by an applicant against an insurance company to recover eligible costs. An applicant who receives an award under this section shall cooperate with the state in any action under this subsection. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.

SB45, s. 2643 Section 2643. 292.65 (11) of the statutes is created to read:

SB45,1193,3 292.65 (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).

SB45, s. 2644 Section 2644. 292.65 (12m) of the statutes is created to read:

SB45,1193,7 292.65 (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.

SB45, s. 2645 Section 2645. 292.66 (1) of the statutes is amended to read:

SB45,1193,15 292.66 (1) The department shall allocate 46% of the funds appropriated under s. 20.370 (6) (eq) in each fiscal year for awards to reimburse owners and operators for costs of preliminary site screening and the purchase and installation of equipment to begin the cleanup of discharges of dry cleaning solvent from dry cleaning facilities before the completion of full site investigations and remedial action plans options reports. The department may not make an award under this section before September 1, 1998, or after June 30, 2002.

SB45, s. 2646 Section 2646. 292.66 (3) of the statutes is amended to read:

SB45,1193,22 292.66 (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.

SB45, s. 2647 Section 2647. 292.66 (5) of the statutes is created to read:

SB45,1194,3 292.66 (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.

SB45, s. 2648 Section 2648. 292.70 of the statutes is created to read:

SB45,1194,6 292.70 Indemnification for disposal of polychlorinated biphenyls. (1) Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).

SB45,1194,12 (2) Indemnification agreement with Winnebago County. The department may enter into an agreement with Winnebago County under which this state agrees to indemnify the county and its agencies, officials, employes and agents against any liability or damage resulting from the county's acceptance for disposal of sediments contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.

SB45,1194,19 (3) Indemnification agreement with the city of Oshkosh. The department may enter into an agreement with the city of Oshkosh under which this state agrees to indemnify the city and its agencies, officials, employes and agents against any liability or damage resulting from the city's acceptance for 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.