SB55-ASA1-AA1,747,20
10100.263 Recovery. In addition to other remedies available under this chapter,
11the court may award the department the reasonable and necessary costs of
12investigation and an amount reasonably necessary to remedy the harmful effects of
13the violation
, and the court may award the department
of justice the reasonable and
14necessary expenses of prosecution, including attorney fees, from any person who
15violates this chapter. The department
and the department of justice shall deposit in
16the state treasury for deposit in the general fund all moneys that the court awards
17to the department
, the department of justice or the state under this section.
Ten
18percent of the money deposited in the general fund that was awarded under this
19section for the costs of investigation and the expenses of prosecution, including
20attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).".
SB55-ASA1-AA1,748,1623
101.01
(11) "Place of employment" includes every place, whether indoors or out
24or underground and the premises appurtenant thereto where either temporarily or
1permanently any industry, trade
, or business is carried on, or where any process or
2operation, directly or indirectly related to any industry, trade
, or business, is carried
3on, and where any person is, directly or indirectly, employed by another for direct or
4indirect gain or profit, but does not include any place where persons are employed
5in private domestic service which does not involve the use of mechanical power or in
6farming. "Farming" includes those activities specified in s. 102.04 (3)
, and also
7includes; the transportation of farm products, supplies
, or equipment directly to the
8farm by the operator of
said the farm or employees for use thereon, if such activities
9are directly or indirectly for the purpose of producing commodities for market, or as
10an accessory to such production
; and the operation of a horse boarding facility or
11horse training facility that does not contain an area for the public to view a horse
12show. When used with relation to building codes, "place of employment" does not
13include an adult family home, as defined in s. 50.01 (1), or, except for the purposes
14of s. 101.11, a previously constructed building used as a community-based
15residential facility, as defined in s. 50.01 (1g), which serves 20 or fewer residents who
16are not related to the operator or administrator.
SB55-ASA1-AA1,749,218
101.01
(12) "Public building" means any structure, including exterior parts of
19such building, such as a porch, exterior platform
, or steps providing means of ingress
20or egress, used in whole or in part as a place of resort, assemblage, lodging, trade,
21traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation
22to building codes, "public building" does not include
a horse boarding facility or horse
23training facility that does not contain an area for the public to view a horse show or 24a previously constructed building used as a community-based residential facility as
1defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the
2operator or administrator or an adult family home, as defined in s. 50.01 (1).".
SB55-ASA1-AA1,749,186
101.10
(2) Rules. The department shall promulgate rules that prescribe
7reasonable standards relating to the safe storage and handling of anhydrous
8ammonia. The rules shall prescribe standards for the design, construction, repair,
9alteration, location, installation, inspection, and operation of anhydrous ammonia
10equipment.
The Except as otherwise provided in this subsection, the rules
11promulgated under this subsection do not apply to
ammonia manufacturing plants, 12refrigeration plants where ammonia is used solely as a refrigerant,
facilities where
13ammonia is used in pollution control devices or is manufactured, electric generating
14or cogenerating facilities where ammonia is used as a refrigerant, and ammonia
15transportation pipelines.
If ammonia is used on the premises of a facility or plant
16described under this subsection for a purpose or in a manner that is not related to
17the applicable exemption from the rules promulgated under this subsection, the
18exemption does not apply to that use.".
SB55-ASA1-AA1,749,2421
101.1205
(1) The department, in consultation with the department of
natural
22resources environmental quality, shall establish statewide standards for erosion
23control at building sites for the construction of public buildings and buildings that
24are places of employment.".
SB55-ASA1-AA1,750,63
101.143
(1) (am) "Case closure letter" means a letter provided by the
4department of
natural resources environmental management that states that, based
5on information available to the department of
natural resources environmental
6management, no further remedial action is necessary with respect to a discharge.".
SB55-ASA1-AA1,750,8
8"
Section 2464g. 101.143 (2) (h) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,750,129
101.143
(2) (h) (intro.) The department of commerce and the department of
10natural resources environmental management, jointly, shall promulgate rules
11designed to facilitate effective and cost-efficient administration of the program
12under this section that specify all of the following:
SB55-ASA1-AA1,750,1614
101.143
(2) (h) 3. Review procedures that must be followed by employees of the
15department of
natural resources environmental management and the department
16of commerce in reviewing the information submitted under subd. 1.
SB55-ASA1-AA1,750,2318
101.143
(2) (i) (intro.) The department of commerce and the department of
19natural resources environmental management, jointly, shall promulgate rules
20specifying procedures for evaluating remedial action plans and procedures to be used
21by employees of the department of commerce and the department of
natural
22resources environmental management while remedial actions are being conducted.
23The departments shall specify procedures that include all of the following:
SB55-ASA1-AA1,751,3
1101.143
(2) (j) (intro.) The department of commerce and the department of
2natural resources environmental management, jointly, shall promulgate rules
3specifying all of the following:
SB55-ASA1-AA1,751,75
101.143
(2) (j) 1. The conditions under which employees of the department of
6commerce and the department of
natural resources
environmental management 7must issue approvals under sub. (3) (c) 4.
SB55-ASA1-AA1,751,219
101.143
(2) (k) In promulgating rules under pars. (h) to (j), the department of
10commerce and the department of
natural resources
environmental management 11shall attempt to reach an agreement that is consistent with those provisions. If the
12department of commerce and the department of
natural resources environmental
13management are unable to reach an agreement, they shall refer the matters on
14which they are unable to agree to the secretary of administration for resolution. The
15secretary of administration shall resolve any matters on which the departments
16disagree in a manner that is consistent with pars. (h) to (j). The department of
17commerce and the department of
natural resources
environmental management,
18jointly, shall promulgate rules incorporating any agreement between the
19department of commerce and the department of
natural resources environmental
20management under this paragraph and any resolution of disagreements between the
21departments by the secretary of administration under this paragraph.
SB55-ASA1-AA1,752,323
101.143
(2e) Risk-based analysis. (a) The department of commerce and the
24department of
natural resources environmental management shall attempt to agree
25on a method, which shall include individualized consideration of the routes for
1migration of petroleum product contamination at each site, for determining the risk
2to public health, safety and welfare and to the environment posed by discharges for
3which the department of commerce receives notification under sub. (3) (a) 3.
SB55-ASA1-AA1,752,144
(b) If the department of commerce and the department of
natural resources 5environmental management are unable to reach an agreement under par. (a), they
6shall refer the matters on which they are unable to agree to the secretary of
7administration for resolution. The secretary of administration shall resolve any
8matters on which the departments disagree in a manner that is consistent with par.
9(a). The department of commerce and the department of
natural resources 10environmental management, jointly, shall promulgate rules incorporating any
11agreement between the department of commerce and the department of
natural
12resources environmental management under par. (a) and any resolution of
13disagreements between the departments by the secretary of administration under
14this paragraph.
SB55-ASA1-AA1,752,1915
(c) The department of
natural resources environmental management or, if the
16discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply
17the method in the rules promulgated under par. (b) to determine the risk posed by
18a discharge for which the department of commerce receives notification under sub.
19(3) (a) 3.
SB55-ASA1-AA1,753,221
101.143
(2m) Interdepartmental coordination. Whenever the department of
22commerce receives a notification under sub. (3) (a) 3. or the department of
natural
23resources environmental management receives a notification of a petroleum product
24discharge under s. 292.11, the department receiving the notification shall contact the
1other department and shall schedule a meeting of the owner or operator or person
2owning a home oil tank system and representatives of both departments.
SB55-ASA1-AA1,753,74
101.143
(3) (a) 5. The owner or operator or the person reports the discharge in
5a timely manner to the division of emergency management in the department of
6military affairs or to the department of
natural resources environmental
7management, according to the requirements under s. 292.11.
SB55-ASA1-AA1,753,149
101.143
(3) (a) 9. The owner or operator or the person follows standards for
10groundwater restoration in the groundwater standards in the rules promulgated by
11the department of
natural resources environmental management under ss. 160.07
12and 160.09 and restores the environment, to the extent practicable, according to
13those standards at the site of the discharge from a petroleum product storage system
14or home oil tank system.
SB55-ASA1-AA1,753,1916
101.143
(3) (c) 4. Receive written approval from the department of
natural
17resources environmental management or, if the discharge is covered under s. 101.144
18(2) (b), from the department of commerce that the remedial action activities
19performed under subd. 3. meet the requirements of s. 292.11.
SB55-ASA1-AA1,754,221
101.143
(3) (cm)
Monitoring as remedial action. An owner or operator or person
22owning a home oil tank system may, with the approval of the department of
natural
23resources environmental management or, if the discharge is covered under s. 101.144
24(2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by
1proposing and implementing monitoring to ensure the effectiveness of natural
2attenuation of petroleum product contamination.
SB55-ASA1-AA1,754,94
101.143
(3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
5natural resources environmental management or, if the site is covered under s.
6101.144 (2) (b), the department of commerce estimates that the cost to complete a site
7investigation, remedial action plan and remedial action for an occurrence exceeds
8$60,000, the department of commerce shall implement a competitive public bidding
9process to obtain information to assist in making the determination under par. (cs).
SB55-ASA1-AA1,754,1511
101.143
(3) (cp) 2. The department of commerce or the department of
natural
12resources environmental management may waive the requirement under subd. 1. if
13an enforcement standard is exceeded in groundwater within 1,000 feet of a well
14operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
15well used to provide water for human consumption.
SB55-ASA1-AA1,754,1917
101.143
(3) (cp) 5. The department of commerce or the department of
natural
18resources environmental management may waive the requirement under subd. 1.
19after providing notice to the other department.
SB55-ASA1-AA1,755,321
101.143
(3) (cs) 2. The department of
natural resources environmental
22management and the department of commerce shall review the remedial action plan
23for a site that is classified as high risk under s. 101.144 and shall jointly determine
24the least costly method of complying with par. (c) 3. and with enforcement standards.
25The departments shall notify the owner or operator of their determination of the
1least costly method and shall notify the owner or operator that reimbursement for
2remedial action under this section is limited to the amount necessary to implement
3that method.
SB55-ASA1-AA1,755,85
101.143
(3) (cs) 3. In making determinations under subds. 1. and 2., the
6department of
natural resources environmental management and the department
7of commerce shall determine whether natural attenuation will achieve compliance
8with par. (c) 3. and with enforcement standards.
SB55-ASA1-AA1,755,1610
101.143
(3) (cs) 4. The department of commerce may review and modify an
11amount established under subd. 1. if the department determines that new
12circumstances, including newly discovered contamination at a site, warrant those
13actions. The department of commerce and the department of
natural resources 14environmental management may review and modify an amount established under
15subd. 2. if the departments determine that new circumstances, including newly
16discovered contamination at a site, warrant those actions.
SB55-ASA1-AA1,756,218
101.143
(3) (cw) 2. The department of
natural resources environmental
19management and the department of commerce shall conduct the annual review
20required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144
21and shall jointly determine the least costly method of completing remedial action at
22the site in order to comply with par. (c) 3. and with enforcement standards. The
23departments shall notify the owner or operator of their determination of the least
24costly method and shall notify the owner or operator that reimbursement under this
1section for remedial action conducted after the date of the notice is limited to the
2amount necessary to implement that method.
SB55-ASA1-AA1,756,74
101.143
(3) (cw) 3. In making determinations under subds. 1. and 2., the
5department of
natural resources environmental management and the department
6of commerce shall determine whether natural attenuation will achieve compliance
7with par. (c) 3. and with enforcement standards.
SB55-ASA1-AA1,756,159
101.143
(3) (cw) 4. The department of commerce may review and modify an
10amount established under subd. 1. if the department determines that new
11circumstances, including newly discovered contamination at a site, warrant those
12actions. The department of commerce and the department of
natural resources 13environmental management may review and modify an amount established under
14subd. 2. if the departments determine that new circumstances, including newly
15discovered contamination at a site, warrant those actions.
SB55-ASA1-AA1,756,2117
101.143
(3) (d)
Final review of remedial action activities. The department of
18natural resources environmental management or, if the discharge is covered under
19s. 101.144 (2) (b), the department of commerce shall complete a final review of the
20remedial action activities within 60 days after the claimant notifies the appropriate
21department that the remedial action activities are completed.
SB55-ASA1-AA1,756,2523
101.143
(3) (e)
Notifications. The department of
natural resources 24environmental management shall notify the department when it gives a claimant
25written approval under par. (c) 4.
SB55-ASA1-AA1,757,32
101.143
(3) (f) 5. The written approval of the department of
natural resources 3environmental management or the department of commerce under par. (c) 4.
SB55-ASA1-AA1,757,145
101.143
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
6and 2., an owner or operator or the person may submit a claim for an award under
7sub. (4) after notifying the department under par. (a) 3., without completing an
8investigation under par. (c) 1. and without preparing a remedial action plan under
9par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and
10the remedial action plan under par. (c) 2. inappropriate
, and
, before conducting
11remedial action, the owner or operator or person notified the department of
12commerce and the department of
natural resources
environmental management of
13the emergency and the department of commerce and the department of
natural
14resources environmental management authorized emergency action.".
SB55-ASA1-AA1,757,17
16"
Section 2478b. 101.143 (4) (ei) 1. a. of the statutes, as affected by 2001
17Wisconsin Act .... (this act), is amended to read:
SB55-ASA1-AA1,758,418
101.143
(4) (ei) 1. a. The owner or operator of the farm tank owns a parcel of
1935 or more acres of contiguous land, on which the farm tank is located, which is
20devoted primarily to agricultural use, as defined in s. 91.01 (1), including land
21designated by the department of
natural resources
fish, wildlife, parks, and forestry 22as part of the ice age trail under s. 23.17, which during the year preceding submission
23of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4),
24of not less than $6,000 or which, during the 3 years preceding that submission
1produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a
2parcel of 35 or more acres, on which the farm tank is located, of which at least 35
3acres, during part or all of the year preceding that submission, were enrolled in the
4conservation reserve program under
16 USC 3831 to
3836.".
SB55-ASA1-AA1,758,7
6"
Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes, as created by 2001
7Wisconsin Act .... (this act), is amended to read:
SB55-ASA1-AA1,758,198
101.143
(4) (ei) 1m. b. The claim is submitted by a person who, at the time that
9the notification was made under sub. (3) (a) 3., was the owner of the farm tank and
10owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or
11was located, which was devoted primarily to agricultural use, as defined in s. 91.01
12(1), including land designated by the department of
natural resources fish, wildlife,
13parks, and forestry as part of the ice age trail under s. 23.17, which during the year
14preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of
15not less than $6,000 or which, during the 3 years preceding that notification,
16produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a
17parcel of 35 or more acres, on which the farm tank is located, of which at least 35
18acres, during part or all of the year preceding that notification, were enrolled in the
19conservation reserve program under
16 USC 3831 to
3836.".
SB55-ASA1-AA1,758,22
21"
Section 2482d. 101.143 (4) (ei) 2m. of the statutes, as affected by 2001
22Wisconsin Act .... (this act), is amended to read:
SB55-ASA1-AA1,759,323
101.143
(4) (ei) 2m. The owner or operator of the farm tank has received a letter
24or notice from the department of commerce or department of
natural resources
1environmental management indicating that the owner or operator must conduct a
2site investigation or remedial action because of a discharge from the farm tank or an
3order to conduct such an investigation or remedial action.
SB55-ASA1-AA1,759,115
101.143
(4) (es) 1. The department shall issue an award for a claim filed after
6August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
7by an owner or operator or a person owning a home oil tank system in investigating
8the existence of a discharge or investigating the presence of petroleum products in
9soil or groundwater if the investigation is undertaken at the written direction of the
10department of commerce or the department of
natural resources environmental
11management and no discharge or contamination is found.".
SB55-ASA1-AA1,759,1614
101.143
(8) (b) Review and advise the secretary and the secretary of
natural
15resources environmental management on the implementation of the petroleum
16product remedial action program established under this section.".
SB55-ASA1-AA1,759,2419
101.143
(11) Reports. (intro.) No later than each January 1 and July 1, the
20department of commerce and the department of
natural resources environmental
21management shall submit to the governor, to the joint legislative audit committee,
22to the joint committee on finance and to the appropriate standing committees of the
23legislature, under s. 13.172 (3), a report on the program under this section. The
24departments shall include all of the following information in the report:
SB55-ASA1-AA1,760,102
101.144
(2) (a) The department shall administer a program under which
3responsible persons investigate, and take remedial action in response to, those
4discharges of petroleum products from petroleum storage tanks that are covered
5under par. (b). The department may issue an order requiring a responsible person
6to take remedial action in response to a discharge of a petroleum product from a
7petroleum storage tank if the discharge is covered under par. (b). In administering
8this section, the department shall follow rules promulgated by the department of
9natural resources environmental management for the cleanup of discharges of
10hazardous substances.
SB55-ASA1-AA1,760,1512
101.144
(3) (intro.) The department of
natural resources environmental
13management may take action under s. 292.11 (7) (a) or may issue an order under s.
14292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one
15or more of the following apply: