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.
SB55-ASA1-AA1,1200,5
1292.35
(2) (b) A local governmental unit that owns a portion of the site or
2facility commits itself, by resolution of its governing body, to paying more than 50%
3of the amount equal to the difference between the cost of investigation and remedial
4action for the site or facility and any financial assistance received for the site or
5facility.".
SB55-ASA1-AA1,1200,108
292.65
(3) (c) The department shall allocate 9.7% of the funds appropriated
9under s.
20.370 20.375 (6) (eq) in each fiscal year for awards for immediate action
10activities and applications that exceed the amount anticipated.".
SB55-ASA1-AA1,1200,13
12"
Section 3320b. 292.65 (11) of the statutes, as affected by 2001 Wisconsin Act
13.... (this act), is amended to read:
SB55-ASA1-AA1,1200,2114
292.65
(11) Environmental fund reimbursement. If the department expends
15funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because
16of a discharge of dry cleaning product at a dry cleaning facility, the department shall
17transfer from the appropriation account under s.
20.370 20.375 (6) (eq) to the
18environmental fund an amount equal to the amount expended under s. 292.11 (7) (a)
19or 292.31 (3) (b). The department shall make transfers under this subsection when
20the department determines that sufficient funds are available in the appropriation
21account under s.
20.370 20.375 (6) (eq).".
SB55-ASA1-AA1,1201,3
1292.70
(7) Review and payment. If a claim is filed under an agreement under
2sub. (2) or (3), the department shall review the claim to determine whether it is valid.
3A valid claim shall be paid from the appropriation under s.
20.370 20.375 (2) (fq).".
SB55-ASA1-AA1,1201,96
292.75
(2) (a) The department shall administer a program to award brownfield
7site assessment grants from the appropriation under s.
20.370 20.375 (6) (et) to local
8governmental units for the purposes of conducting any of the eligible activities under
9sub. (3).".
SB55-ASA1-AA1,1201,1512
292.75
(6) Limitation of grant. The total amount of all grants awarded to a
13local governmental unit in a fiscal year under this section shall be limited to an
14amount equal to 15% of the available funds appropriated under s.
20.370 20.375 (6)
15(et) for the fiscal year.".
SB55-ASA1-AA1,1201,2220
292.77
(4) During the 2001-03 fiscal biennium, the department shall make
21$150,000 available to the City of Platteville and $250,000 available to the City of
22Fond du Lac under sub. (2).".
SB55-ASA1-AA1,1202,2
1301.03
(2t) Promote efficient use of resources for alcohol and other drug abuse
2intervention and treatment services by doing all of the following:
SB55-ASA1-AA1,1202,53
(a) Developing one or more methods to evaluate the effectiveness of, and
4developing performance standards for, alcohol and other drug abuse intervention
5and treatment services that are administered by the department.
SB55-ASA1-AA1,1202,106
(b) Adopting policies to ensure that, to the extent possible under state and
7federal law, funding for alcohol and other drug abuse intervention and treatment
8services that are administered by the department is distributed giving primary
9consideration to the effectiveness of the services in meeting department performance
10standards for alcohol and other drug abuse services.
SB55-ASA1-AA1,1202,1411
(c) Requiring every application for funding from the department for alcohol and
12other drug abuse intervention or treatment services to include a plan for the
13evaluation of the effectiveness of the services in reducing alcohol and other drug
14abuse by recipients of the services.
SB55-ASA1-AA1,1202,1715
(d) Requiring every person receiving funding from the department for alcohol
16and other drug abuse intervention or treatment services to provide the department
17the results of the evaluation conducted under par. (c).".
SB55-ASA1-AA1,1202,2120
293.01
(3) "Department" means the department of
natural resources 21environmental management.
SB55-ASA1-AA1,1203,223
293.01
(28) (a) Habitat required for survival of species of vegetation or wildlife
24designated as endangered through prior inclusion in rules adopted by the
1department
of fish, wildlife, parks, and forestry, if such endangered species cannot
2be firmly reestablished elsewhere.
SB55-ASA1-AA1,1203,74
293.01
(28) (b) (intro.) Unique features of the land, as determined by state or
5federal designation and incorporated in rules adopted by the department
or the
6department of fish, wildlife, parks, and forestry, as any of the following, which cannot
7have their unique characteristic preserved by relocation or replacement elsewhere:
SB55-ASA1-AA1,1203,159
293.25
(6) Environmental impact. Radioactive waste site exploration may
10constitute a major action significantly affecting the quality of the human
11environment. No person may engage in radioactive waste site exploration unless the
12person complies with the requirements under s. 1.11. Notwithstanding s.
23.40 13278.40, the state may charge actual and reasonable costs associated with field
14investigation, verification, monitoring, preapplication services and preparation of
15an environmental impact statement.
SB55-ASA1-AA1,1203,1817
295.11
(1) "Department" means the department of
natural resources 18environmental management.
SB55-ASA1-AA1,1203,2120
295.31
(1) "Department" means the department of
natural resources 21environmental management.
SB55-ASA1-AA1,1203,2423
299.01
(3) "Department" means the department of
natural resources 24environmental management.
SB55-ASA1-AA1,1204,5
1299.23 Financial interest prohibited. The secretary of
natural resources 2environmental management and any other person in a position of administrative
3responsibility in the department may not have a financial interest in any enterprise
4which that might profit by weak or preferential administration or enforcement of the
5powers and duties of the department.
SB55-ASA1-AA1,1204,97
299.64
(3) Citations. The department may follow the procedures for the
8issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
9for a violation of sub. (2).
SB55-ASA1-AA1,1204,1511
299.80
(16) (a) Beginning not later than November 1, 1998, the secretary of
12natural resources environmental management shall submit an annual progress
13report on the program under this section to the governor and, under s. 13.172 (3), the
14standing committees of the legislature with jurisdiction over environmental
15matters.
SB55-ASA1-AA1,1204,2117
299.80
(16) (b) Not later than October 1, 2001, the secretary of
natural
18resources environmental management shall submit a report to the governor and,
19under s. 13.172 (2)
, the legislature on the success of the program under this section.
20The report shall include recommendations concerning the continuation of the
21program under this section and any changes that should be made to the program.
SB55-ASA1-AA1,1205,15
24299.95 Enforcement; duty of department of justice; expenses. The
25attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
1ss. 281.48, 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan
2approvals, permits, and water quality certifications of the department, except those
3promulgated or issued under ss. 281.48, 285.57, 285.59, and 299.64 and except as
4provided in s. 285.86. The circuit court for Dane
county County or for any other
5county where a violation occurred in whole or in part has jurisdiction to enforce chs.
6281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan
7approval, permit, or certification by injunctional and other relief appropriate for
8enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295
9or this chapter or the rule, special order, license, plan approval, permit or
10certification prohibits in whole or in part any pollution, a violation is considered a
11public nuisance. The department of
natural resources
environmental management 12may enter into agreements with the department of justice to assist with the
13administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid
14to the department of justice under these agreements shall be credited to the
15appropriation account under s. 20.455 (1) (k).".
SB55-ASA1-AA1,1205,2118
295.11
(11) "Topsoil" means the surface layer of soil that is generally more
19fertile than the underlying soil layers, that is the natural medium for plant growth,
20and that can provide the plant growth, soil stability, and other attributes necessary
21to meet the standards specified in an approved reclamation plan.
SB55-ASA1-AA1,1206,323
295.16
(4) (k) Removal of topsoil, other than soil taken from the bed of a
24navigable water, from an area the size of which does not exceed the size determined
1by dividing the total acreage of the contiguous land under common ownership on
2which the area is located by 40 and multiplying the result by 3, if no other material
3is removed from the area.
