SB55-ASA1-AA1,1190,622
289.25
(1) Preliminary determination if environmental impact statement is
23required. Immediately after the department determines that the feasibility report
24is complete, the department shall issue a preliminary determination on whether an
25environmental impact statement is required under s. 1.11 prior to the determination
1of feasibility. If the department determines after review of the feasibility report that
2a determination of feasibility cannot be made without an environmental impact
3statement or if the department intends to require an environmental impact report
4under s.
23.11 (5) 278.40 (1m), the department shall notify the applicant in writing
5within the 60-day period of these decisions and shall commence the process required
6under s. 1.11 or
23.11 (5) 278.40 (1m).
SB55-ASA1-AA1,1190,138
289.29
(1) (c) The department may receive into evidence at a hearing conducted
9under s. 289.26 or 289.27 any environmental impact assessment or environmental
10impact statement for the facility prepared under s. 1.11 and any environmental
11impact report prepared under s.
23.11 (5) 278.40 (1m). The adequacy of the
12environmental impact assessment, environmental impact statement or
13environmental impact report is not subject to challenge at that hearing.
SB55-ASA1-AA1,1190,2315
289.31
(7) (f) If the owner or operator of a site or facility subject to an order
16under par. (d) is a municipality, the municipality is responsible for conducting any
17monitoring ordered under par. (d). The department shall, from the environmental
18fund appropriation under s.
20.370 20.375 (2) (dv), reimburse the municipality for
19the costs of monitoring that exceed an amount equal to $3 per person residing in the
20municipality for each site or facility subject to an order under par. (d), except that the
21maximum reimbursement is $100,000 for each site or facility. The department shall
22exclude any monitoring costs paid under the municipality's liability insurance
23coverage in calculating the municipal cost of monitoring a site or facility.".
SB55-ASA1-AA1,1191,8
4287.26 Wheelchair recycling project. From the appropriation under s.
520.370 (6) (bv), the department shall provide funding to the Wheelchair Recycling
6Project, of the Madison Chapter of the National Spinal Cord Injury Association, to
7provide recycled wheelchairs and other medical equipment to individuals and
8programs in need and for costs of equipment, parts, maintenance, and distribution.".
SB55-ASA1-AA1,1191,1111
287.31
(3) (c) 2m. 1998
through 2000
and thereafter, 33%.
SB55-ASA1-AA1,1191,2215
289.43
(7) (c) The department shall approve the requester's exemption
16proposal if the department finds that the proposal, as approved, will comply with this
17chapter and chs. 30, 31, 160 and 280 to 299 and ss. 1.11,
23.40, 59.692, 59.693, 60.627,
1861.351, 61.354, 62.231, 62.234
and, 87.30
, and 278.40. If the proposal does not
19comply with one or more of the requirements specified in this paragraph, the
20department shall provide a written statement describing how the proposal fails to
21comply with those requirements. The department shall respond to an application for
22an exemption under this subsection within 90 days.
SB55-ASA1-AA1,1192,2
1289.43
(7) (e) 3. All fees collected under this paragraph shall be credited to the
2appropriations under s.
20.370 20.375 (2) (dg) and
(9) (mj) (tj).
SB55-ASA1-AA1,1192,64
289.64
(6) Use of solid waste facility siting board fees. The fees collected
5under sub. (2) shall be credited to the appropriation under s.
20.370 20.375 (2) (eg)
6for transfer to the appropriation under s. 20.505 (4) (k).
SB55-ASA1-AA1,1192,158
289.68
(1) Payments from the waste management fund. The department may
9expend moneys in the waste management fund only for the purposes specified under
10subs. (3) to (6) and
1991 Wisconsin Act 39, section
9142 (2w). The department may
11expend moneys appropriated under s.
20.370 20.375 (2) (dq) for the purposes
12specified under subs. (3) and (5) and
1991 Wisconsin Act 39, section
9142 (2w). The
13department may expend moneys appropriated under s.
20.370 20.375 (2) (dt) for the
14purposes specified under sub. (4). The department may expend moneys appropriated
15under s.
20.370 20.375 (2) (dy) and (dz) for the purposes specified under sub. (6).
SB55-ASA1-AA1,1192,2217
289.68
(3) Payments for long-term care after termination of proof of
18financial responsibility. The department may spend moneys appropriated under
19s.
20.370 20.375 (2) (dq) for the costs of long-term care of an approved facility for
20which the plan of operation was approved under s. 289.30 (6) before August 9, 1989,
21that accrue after the requirement to provide proof of financial responsibility expires
22under s. 289.41 (1m) (b) or (f) as authorized under s. 289.41 (11) (b) 2.
SB55-ASA1-AA1,1193,224
289.68
(4) Payment of closure and long-term care costs; forfeited bonds and
25similar moneys. The department may utilize moneys appropriated under s.
20.370
120.375 (2) (dt) for the payment of costs associated with compliance with closure and
2long-term care requirements under s. 289.41 (11) (b) 1.
SB55-ASA1-AA1,1193,64
289.68
(5) Prevention of imminent hazard. The department may utilize
5moneys appropriated under s.
20.370 20.375 (2) (dq) for the payment of costs
6associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).
SB55-ASA1-AA1,1193,108
289.68
(6) Payment of corrective action, forfeited bonds and recovered
9moneys. The department may utilize moneys appropriated under s.
20.370 20.375 10(2) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
SB55-ASA1-AA1,1193,1612
289.68
(7) Report on waste management fund. With its biennial budget
13request to the department of administration under s. 16.42, the
natural resources 14environmental management board shall include a report on the fiscal status of the
15waste management fund and an estimate of the receipts by and expenditures from
16the fund in the current fiscal year and in the future.".
SB55-ASA1-AA1,1193,2019
291.01
(2) "Department" means the department of
natural resources 20environmental management.
SB55-ASA1-AA1,1193,2322
292.01
(2) "Department" means the department of
natural resources 23environmental management.
SB55-ASA1-AA1,1194,2
1292.01
(17) "Secretary" means the secretary of
natural resources 2environmental management.
SB55-ASA1-AA1,1194,94
292.11
(6) (a)
Contingency plan; activities resulting from discharges. The
5department may utilize moneys appropriated under s.
20.370 20.375 (2) (dv) and
6(my) in implementing and carrying out the contingency plan developed under sub.
7(5) and to provide for the procurement, maintenance
, and storage of necessary
8equipment and supplies, personnel training
, and expenses incurred in identifying,
9locating, monitoring, containing, removing
, and disposing of discharged substances.
SB55-ASA1-AA1,1194,1411
292.11
(6) (b)
Limitation on equipment expenses. No more than 25% of the
12moneys available under the appropriation under s.
20.370 20.375 (2) (dv) or (my)
13during any fiscal year may be used for the procurement and maintenance of
14necessary equipment during that fiscal year.
SB55-ASA1-AA1,1194,1816
292.11
(6) (c) 2. Reimbursements to the department under section 311, federal
17water pollution control act Water Pollution Control Act amendments of 1972, P.L.
1892-500, shall be credited to the appropriation under s.
20.370 20.375 (2) (my).
SB55-ASA1-AA1,1194,24
20292.255 Report on brownfield efforts. The department of
natural
21resources environmental management, the department of administration
, and the
22department of commerce shall submit a report evaluating the effectiveness of this
23state's efforts to remedy the contamination of, and to redevelop, brownfields, as
24defined in s. 560.60 (1v).
SB55-ASA1-AA1,1195,8
1292.31
(4) Monitoring costs at nonapproved facilities owned or operated by
2municipalities. Notwithstanding the inventory, analysis
, and hazard ranking under
3sub. (1), the environmental response plan prepared under sub. (2)
, or the
4environmental repair authority, remedial action sequence
, and emergency response
5requirements under sub. (3), the department shall pay that portion of the cost of any
6monitoring requirement
which that is to be paid under s. 289.31 (7) (f) from the
7appropriation under s.
20.370 20.375 (2) (dv) prior to making other payments from
8that appropriation.
SB55-ASA1-AA1,1195,1910
292.31
(5) Municipal incinerator ash testing. Notwithstanding the inventory,
11analysis
, and hazard ranking under sub. (1), the environmental response plan
12prepared under sub. (2), the environmental repair authority, remedial action
13sequence
, and emergency response requirements under sub. (3), or the monitoring
14costs under sub. (4), the department shall pay the cost incurred by a municipality
15after June 30, 1986, and before January 30, 1988, for testing required to determine
16whether the ash from a municipally owned incinerator is hazardous. The
17department shall make payments under this subsection from the appropriation
18under s.
20.370 20.375 (2) (dv) prior to making other payments from that
19appropriation.".
SB55-ASA1-AA1,1195,2322
292.11
(9) (e) 1m. f. The local governmental unit acquired the property using
23funds appropriated under s. 20.866 (2)
(ta) or (tz).
SB55-ASA1-AA1,1196,4
1292.13
(1m) Exemption from liability for soil contamination. (intro.) A
2person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence
3of a hazardous substance in the soil
, including sediments, on property possessed or
4controlled by the person if all of the following apply:
SB55-ASA1-AA1,1196,86
292.15
(2) (a) 4.
The If the voluntary party owns or controls the property,
the 7voluntary party maintains and monitors the property as required under rules
8promulgated by the department and any contract entered into under those rules.
SB55-ASA1-AA1,1196,1210
292.15
(2) (ae) 4.
The If the voluntary party owns or controls the property, the 11voluntary party maintains and monitors the property as required under rules
12promulgated by the department and any contract entered into under those rules.
SB55-ASA1-AA1,1196,2414
292.15
(2) (ag)
Property affected by off-site discharge. (intro.) Except as
15provided in sub. (6) or (7), for a property on which there exists a hazardous substance
16for which a voluntary party is exempt from liability under s. 292.13 (1)
or (1m), a
17voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42
18(1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and
19292.31 (8), and rules promulgated under those provisions, with respect to discharges
20of hazardous substances on or originating from the property, if the release of those
21hazardous substances occurred prior to the date on which the department approves
22the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4.
23to 6. apply and all of the following occur at any time before or after the date of
24acquisition:
SB55-ASA1-AA1,1197,6
11. The environment is restored to the extent practicable with respect to the
2discharges and the harmful effects from the discharges are minimized in accordance
3with rules promulgated by the department and any contract entered into under those
4rules, except that this requirement does not apply with respect to the hazardous
5substance for which the voluntary party is exempt from liability under s. 292.13 (1)
6or (1m).
SB55-ASA1-AA1,1197,117
2. The voluntary party obtains a certificate of completion from the department
8stating that the environment has been satisfactorily restored to the extent
9practicable with respect to the discharges and that the harmful effects from the
10discharges have been minimized, except with respect to the hazardous substance for
11which the voluntary party is exempt from liability under s. 292.13 (1)
or (1m).
SB55-ASA1-AA1,1197,1412
3. The voluntary party obtains a written determination from the department
13under s. 292.13 (2) with respect to the hazardous substance for which the voluntary
14party is exempt from liability under s 292.13 (1)
or (1m).
SB55-ASA1-AA1,1197,1615
4. The voluntary party continues to satisfy the conditions under s. 292.13 (1)
16(d) to (g)
or (1m) (d) to (g).
SB55-ASA1-AA1,1197,2118
292.15
(2) (b) 4. If the voluntary party does not own or control the property, the
19person who owns or controls the property fails to maintain and monitor the property
20as required under rules promulgated by the department or any contract entered into
21under those rules.".
SB55-ASA1-AA1,1198,9
1292.31
(7) (b) The department may expend moneys from the appropriations
2under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg) as required under
42 USC 9601,
3et seq. The department shall promulgate by rule criteria for the expenditure of
4moneys from the appropriations under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg).
5The criteria shall include consideration of the amount of moneys available in the
6appropriations under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg), the moneys
7available from other sources for the required sharing of costs, the differences
8between public and private sites or facilities, the potential for cost recovery from
9responsible parties
, and any other appropriate factors.
SB55-ASA1-AA1,1198,1611
292.33
(6) Exception. A local governmental unit may not recover costs under
12this section for remedial activities conducted on a property or portion of a property
13with respect to a discharge after the department of
natural resources environmental
14management, the department of commerce
, or the department of agriculture, trade
15and consumer protection has indicated that no further remedial activities are
16necessary on the property or portion of the property with respect to the discharge.
SB55-ASA1-AA1,1198,2218
292.41
(6) (a) The department may utilize moneys appropriated under s.
1920.370 20.375 (2) (dv) and (my) in taking action under sub. (4). The department shall
20utilize these moneys to provide for the procurement, maintenance
, and storage of
21necessary equipment and supplies, personnel training
, and expenses incurred in
22locating, identifying, removing
, and disposing of abandoned containers.
SB55-ASA1-AA1,1199,3
1292.41
(6) (b) No more than 25% of the total of all moneys available under the
2appropriation under s.
20.370 20.375 (2) (dv) and (my) may be used annually for the
3procurement and maintenance of necessary equipment during that fiscal year.
SB55-ASA1-AA1,1199,95
292.55
(2) The department may assess and collect fees from a person to offset
6the costs of providing assistance under sub. (1). The department shall promulgate
7rules for the assessment and collection of fees under this subsection. Fees collected
8under this subsection shall be credited to the appropriation account under s.
20.370 920.375 (2) (dh).
SB55-ASA1-AA1,1199,1211
292.57
(2) (b) Any moneys collected under this subsection shall be credited to
12the appropriation account under s.
20.370 20.375 (2) (mi).".
SB55-ASA1-AA1,1199,1715
292.35
(1) (am) "Financial assistance" means money, other than a loan,
16provided by a governmental unit that is not a responsible party to pay a portion of
17the cost of investigation and remedial action for a site or facility.
SB55-ASA1-AA1, s. 3262b
18Section 3262b. 292.35 (2) of the statutes is renumbered 292.35 (2) (intro.) and
19amended to read:
SB55-ASA1-AA1,1199,2120
292.35
(2) Applicability. (intro.) This section only applies to a site or facility
21if
the one of the following criteria is satisfied:
SB55-ASA1-AA1,1199,23
22(a) The site or facility is owned by a local governmental unit.
This section does
23not apply to a landfill until January 1, 1996.