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292.65
(1) (i) 3. b. A dry cleaning facility that has ceased operation but that was
10licensed under s. 77.9961 (2) before it ceased operation
and was licensed and
11operating while the person owned the property.
SB324, s. 17
12Section
17. 292.65 (3) (am) 1. of the statutes is amended to read:
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292.65
(3) (am) 1. The department shall establish a method for determining the
14order in which it pays awards under this section. Except as provided in
subds. subd. 152.
and 3., the method shall be based on environmental factors and on the order in
16which applications are received.
SB324, s. 18
17Section
18. 292.65 (3) (am) 2. of the statutes is amended to read:
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292.65
(3) (am) 2. The department shall pay an award for immediate action
19activities
before it pays other awards.
SB324, s. 19
20Section
19. 292.65 (3) (am) 3. of the statutes is repealed.
SB324, s. 20
21Section
20. 292.65 (4) (k) of the statutes is amended to read:
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292.65
(4) (k)
Agents. An owner or operator may enter into a written agreement
23with another person under which that other person acts as an agent for the owner
24or operator in conducting the activities
required under
par. pars. (e) to (j).
If an
25agreement is entered into under this paragraph, all requirements applicable to an
1owner or operator under par. (m) and subs. (8) (a), (8m), and (12) apply to the agent. 2The owner or operator
and or the agent
shall jointly may submit the application for
3an award under this section.
SB324, s. 21
4Section
21. 292.65 (4) (m) of the statutes is amended to read:
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292.65
(4) (m)
Notification of insurance claims applications and receipt of
6proceeds funds. An owner or operator shall notify the department of any
application,
7including any insurance claim
, made to
obtain funds to cover eligible costs
or to
8obtain a tax credit based on eligible costs, the status of the
claim application, and,
9if the owner or operator has received any
insurance proceeds funds or any tax credit 10arising from the
claim application, the amount of
the proceeds funds or tax credit
11received.
SB324, s. 22
12Section
22. 292.65 (7) (c) 1. of the statutes is amended to read:
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292.65
(7) (c) 1. Costs incurred before
January 1, 1991 October 14, 1997.
SB324, s. 23
14Section
23. 292.65 (8) (a) (intro.) of the statutes is amended to read:
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292.65
(8) (a)
Application. (intro.) An owner or operator shall submit an
16application on a form provided by the department.
An owner or operator may not
17submit an application before September 1, 1998. An owner or operator may not
18submit an application after August 30, 2005, if the application relates to a dry
19cleaning facility that ceased to operate before September 1, 1998. An owner or
20operator may not submit an application
if the owner or operator submits the
21notification of potential claim under sub. (4) (c) after August
20 30, 2008
, if the
22application relates to any other dry cleaning facility. The department shall authorize
23owners and operators to apply for awards at stages in the process under sub. (4) that
24the department specifies by rule. An application shall include all of the following
25documentation of activities, plans, and expenditures associated with the eligible
1costs incurred because of a dry cleaning product discharge from a dry cleaning
2facility:
SB324, s. 24
3Section
24. 292.65 (8) (a) 4m. of the statutes is amended to read:
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292.65
(8) (a) 4m. If the owner or operator receives any
proceeds funds arising
5from an
application, including an insurance claim
, for any eligible costs
or a tax
6credit based on eligible costs, a record of the payment.
SB324, s. 25
7Section
25. 292.65 (8) (d) 7. of the statutes is amended to read:
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292.65
(8) (d) 7.
The applicant has not paid all All of the fees
, interest, and
9penalties due under ss. 77.9961
and, 77.9962
, and 77.9964 have not been paid unless
10an agreement has been entered into with the department of revenue establishing a
11payment schedule for all of the fees, interest, and penalties due.
SB324, s. 26
12Section
26. 292.65 (8) (j) 2. of the statutes is amended to read:
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292.65
(8) (j) 2. If a
consultant
person other than an owner or operator prepares
14an application that is submitted by
an the owner or operator and that includes
15ineligible costs that are identified under subd. 3., the
consultant person shall pay to
16the department an amount equal to 50% of the ineligible costs identified under subd.
173. that are included in the application. A
consultant
person, other than an owner or
18operator, who prepares an application may not charge the owner or operator for any
19amount that the
consultant person is required to pay under this subdivision.
20Payments made under this subdivision shall be deposited in the dry cleaner
21environmental response fund.
SB324, s. 27
22Section
27. 292.65 (8) (j) 4. of the statutes is amended to read:
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292.65
(8) (j) 4. If, prior to receiving an award under this section, an owner or
24operator receives payment from
another person, including an insurance company
, 25arising out of
a claim an application for payment of any eligible costs
or receives a
1tax credit based on any eligible costs, the department may not reimburse the owner
2or operator any amount that exceeds the difference between the amount of the award
3calculated under subd. 1. or 2. and pars. (e) and (f) and the amount by which the
4insurance payment exceeds the sum of the deductible and the amount by which the
5amount calculated under par. (e) exceeds the maximum award under par. (f).
SB324, s. 28
6Section
28. 292.65 (8m) of the statutes is amended to read:
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292.65
(8m) Reimbursement of insurance proceeds payments and tax credits. 8If, after
the an owner or operator receives an award under this section, the owner or
9operator receives payment from
another person, including an insurance company
, 10arising out of
a claim an application for payment of any eligible costs
or receives a
11tax credit based on any eligible costs, the owner or operator shall pay to the
12department
the any amount by which the
insurance payment
or tax credit exceeds
13the
sum of the deductible and the amount by which the amount calculated under sub.
14(8) (e) exceeds the maximum award under sub. (8) (f) difference between the total
15amount of eligible costs and the amount of the award, but not more than the amount
16of the award
received. The amounts collected by the department under this
17subsection shall be deposited in the dry cleaner environmental response fund.
SB324, s. 29
18Section
29. 292.65 (11) of the statutes is amended to read:
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292.65
(11) Environmental fund reimbursement. If the department expends
20funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because
21of a discharge of dry cleaning product at a dry cleaning facility
and there is a person
22who would be an eligible owner or operator under this section for the dry cleaning
23facility, the department shall transfer from the appropriation account under s.
2420.370 (6) (eq) to the environmental fund an amount equal to the amount expended
25under s. 292.11 (7) (a) or 292.31 (3) (b)
less the applicable deductible under sub. (8)
1(e). The department shall make transfers under this subsection when the
2department determines that sufficient funds are available in the appropriation
3account under s. 20.370 (6) (eq).
SB324,10,65
(1)
The treatment of section 77.996 (6) of the statutes first applies to the license
6fee installment that is due after the effective date of this subsection.
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(2)
The treatment of sections 77.9961 (1) (d) and (4) of the statutes first applies
8to penalties assessed on the effective date of this subsection.