SB45: Bill Text

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.

SB45,1194,22 (4) 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).

SB45, s. 2649 Section 2649. 292.75 of the statutes is created to read:

SB45,1194,25 292.75 Brownfield site assessment grants. (1) Definitions. In this section:

SB45,1195,3 (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.

SB45,1195,6 (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.

SB45,1195,10 (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).

SB45,1195,13 (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.

SB45,1195,17 (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.

SB45,1195,19 (d) The department shall promulgate rules as necessary to administer the program.

SB45,1195,21 (3) Eligible activities. The department may award grants to local governmental units to cover the costs of the following activities:

SB45,1195,23 (a) The investigation of environmental contamination on an eligible site or facility for the purposes of reducing or eliminating environmental contamination.

SB45,1195,25 (b) The demolition of any structures, buildings or other improvements located on an eligible site or facility.

SB45,1196,2 (c) The removal of abandoned containers, as defined in s. 292.41 (1), from an eligible site or facility.

SB45,1196,4 (d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted on an eligible site or facility.

SB45,1196,7 (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.

SB45,1196,9 (5) Grant criteria. The department shall consider the following criteria when determining whether to award a grant:

SB45,1196,12 (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.

SB45,1196,14 (b) The degree to which the project will have a positive impact on public health and the environment.

SB45,1196,16 (c) Other criteria that the department finds necessary to calculate the amount of a grant.

SB45,1196,20 (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.

SB45,1196,23 (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.

SB45,1197,2 (8) Repayment requirement. If an applicant receives a loan under s. 281.60 for the purpose of conducting activities for which a grant under this section was awarded, the applicant shall repay the grant to the department. Money collected under this subsection shall be deposited in the environmental fund.

SB45, s. 2650 Section 2650. 292.99 (1) of the statutes is amended to read:

SB45,1197,8 292.99 (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.

SB45, s. 2651 Section 2651. 292.99 (1m) of the statutes is created to read:

SB45,1197,11 292.99 (1m) Any person who violates s. 292.65 (12m) or 292.66 (5) shall forfeit not less than $10 nor more than $10,000.

SB45, s. 2652 Section 2652. 292.99 (2) of the statutes is amended to read:

SB45,1197,21 292.99 (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).

SB45, s. 2653 Section 2653. 295.11 (10) of the statutes is amended to read:

SB45,1198,7 295.11 (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).

SB45, s. 2654 Section 2654. 299.07 (1) (a) 11. of the statutes is amended to read:

SB45,1198,9 299.07 (1) (a) 11. A certification, accreditation or registration under s. 299.11.

SB45, s. 2655 Section 2655. 299.11 (1) (a) of the statutes is renumbered 299.11 (1) (am).

SB45, s. 2656 Section 2656. 299.11 (1) (ae) of the statutes is created to read:

SB45,1198,13 299.11 (1) (ae) "Accredited" means accredited under sub. (8m) or recognized as accredited under sub. (5).

SB45, s. 2657 Section 2657. 299.11 (1) (b) of the statutes is amended to read:

SB45,1198,18 299.11 (1) (b) "Certified laboratory" means a laboratory which performs tests for hire in connection with a covered program and which receives certification certified under sub. (7) or receives recognition recognized as a certified laboratory under sub. (5).

SB45, s. 2658 Section 2658. 299.11 (1) (em) of the statutes is created to read:

SB45,1198,23 299.11 (1) (em) "National Environmental Laboratory Accreditation Conference" means the voluntary association of state and federal officials, sponsored by the federal environmental protection agency, with the purpose of establishing national performance standards for environmental laboratories.

SB45, s. 2659 Section 2659. 299.11 (1) (eq) of the statutes is created to read:

SB45,1199,6 299.11 (1) (eq) "National environmental laboratory accreditation program" means the program of the federal environmental protection agency that oversees the implementation of national performance standards established by the National Environmental Laboratory Accreditation Conference and determines whether to approve state and federal agencies as accrediting authorities for environmental laboratories.

SB45, s. 2660 Section 2660. 299.11 (1) (g) of the statutes is amended to read:

SB45,1199,10 299.11 (1) (g) "Registered laboratory" means a laboratory which is registered under sub. (8) or receives recognition recognized as a registered laboratory under sub. (5).

SB45, s. 2661 Section 2661. 299.11 (3) of the statutes is amended to read:

SB45,1199,18 299.11 (3) Certification standards review council. The council shall review the laboratory certification and, registration and accreditation program and shall make recommendations to the department concerning the specification of test categories, reference sample testing and standards for certification, registration, accreditation, suspension and revocation and other aspects of the program. Recommendations concerning accreditations shall be consistent with the standards established by the National Environmental Laboratory Accreditation Conference.

SB45, s. 2662 Section 2662. 299.11 (4) (title) and (a) of the statutes are amended to read:

SB45,1200,2 299.11 (4) (title) Department may require accreditation, certification or registration. (a) Applicability. Except as provided in subs. (5) and (6), if results from a test in a specified test category in a covered program are required to be submitted to the department, the department may require by rule that the test be conducted by a laboratory which is accredited, certified or registered to conduct tests in that specified category. The department may require that tests be conducted by a an accredited or certified laboratory if the requirements for registration do not meet the requirements of an applicable federal law.

SB45, s. 2663 Section 2663. 299.11 (4) (c) of the statutes is amended to read:

SB45,1200,9 299.11 (4) (c) Delayed effective date. A rule identifying specified test categories for which tests are required to be conducted by a an accredited, certified or registered laboratory may not take effect until at least 120 days after publication. The department may not require a person to resubmit results of tests which were not required to be conducted by a an accredited, certified or registered laboratory at the time of the original submission merely because of that fact.

SB45, s. 2664 Section 2664. 299.11 (5) (title) of the statutes is amended to read:

SB45,1200,12 299.11 (5) (title) Recognition of other accreditation, certification or registration.

SB45, s. 2665 Section 2665. 299.11 (5) (cm) of the statutes is created to read:

SB45,1200,19 299.11 (5) (cm) Reciprocity for national accreditation. If the department is approved as an accrediting authority under sub. (8m) (a) and another accrediting authority under the national environmental laboratory accreditation program recognizes accreditation by the department under sub. (8m), the department shall recognize a laboratory as accredited to conduct tests in any test category for which the laboratory is accredited by that other accrediting authority.

SB45, s. 2666 Section 2666. 299.11 (5) (d) of the statutes is amended to read:

SB45,1200,25 299.11 (5) (d) Discretionary acceptance. The department may accept the results of a test in a specified test category even though the test was not conducted by a an accredited, certified or registered laboratory. The department may charge an extra fee if it is necessary to verify the results of a test submitted under this paragraph.

SB45, s. 2667 Section 2667. 299.11 (6) of the statutes is amended to read:

SB45,1201,4 299.11 (6) Not applicable to other programs. No laboratory is required to be accredited, registered or certified under this section for any purpose other than the submission of results under a covered program.

SB45, s. 2668 Section 2668. 299.11 (8m) of the statutes is created to read:

SB45,1201,8 299.11 (8m) Accreditation. (a) The department may apply to be approved as an accrediting authority under the national environmental laboratory accreditation program.

SB45,1201,14 (b) If the department is approved as an accrediting authority under par. (a), the department shall, after considering recommendations by the council, promulgate a rule prescribing criteria to be used to evaluate laboratories for accreditation and the procedures for accrediting laboratories. The criteria shall be consistent with the standards established by the National Environmental Laboratory Accreditation Conference.

SB45, s. 2669 Section 2669. 299.11 (9) of the statutes is amended to read:

SB45,1201,18 299.11 (9) Fees. The department shall promulgate by rule a graduated schedule of fees for accredited, certified and registered laboratories which are designed to recover the costs of administering this section.

SB45, s. 2670 Section 2670. 299.13 (title) of the statutes is amended to read:

SB45,1201,20 299.13 (title) Hazardous pollution Pollution prevention.

SB45, s. 2671 Section 2671. 299.13 (1) (be) of the statutes is created to read: