SB546: Bill Text

SB546,24,18 (b) Subsection (2) does not apply if, after considering the intended development and use of the property, the department determines that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department directs the local governmental unit to take that necessary action, and the local governmental unit does not take that action as directed.

SB546,24,24 (c) Subsection (2) only applies if the local governmental unit agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled a hazardous substance that was discharged or that caused environmental pollution or the discharge of a hazardous substance, and any consultant or contractor of such a party to enter the property to take action to respond to the environmental pollution or discharge.

SB546,25,3 (d) Subsection (2) does not apply to property described in sub. (2) (f) unless the local governmental unit enters into an agreement with the department to ensure that the conditions in pars. (a) and (b) are satisfied.

SB546,25,6 (e) Subsection (2) does not apply to any solid waste facility or waste site that was operated by the local governmental unit or was owned by the local governmental unit while it was operated.

SB546,25,8 (f) Subsection (2) does not apply to a solid waste facility that was licensed under s. 289.30 or s. 144.44, 1993 stats.

SB546,25,11 (g) Subsection (2) does not apply to property at which the local governmental unit disposed of waste that caused environmental pollution or a discharge of a hazardous substance at the property.

SB546,25,13 (h) Subsection (2) does not apply to waste generated on the property by the local governmental unit, its agents, or its contractors.

SB546,25,18 (i) Subsection (2) does not apply if the local governmental unit undertakes or authorizes construction on the property without the approval of the department or if the local government unit undertakes an activity that interferes with a closed solid waste facility or waste site and that causes a threat to public health, safety, or welfare.

SB546,25,23 (j) Subsection (2) only applies to property with respect to which, before the local governmental unit acquired the property, the department imposed requirements related to health or safety for the maintenance of an active leachate or methane collection system, of a cap over waste on the property, or of a groundwater or gas monitoring system if the local governmental unit complies with those requirements.

SB546,26,2 (k) Subsection (2) does not exempt a local governmental unit from land use restrictions required by the department, including those that are necessary to prevent damage to a cap over waste on the property or to otherwise prevent uses of the property that may cause a threat to public health or safety.

SB546, s. 51 Section 51. 292.31 (1) (title) of the statutes is amended to read:

SB546,26,4 292.31 (1) (title) Inventory Database; analysis; hazard ranking.

SB546, s. 52 Section 52. 292.31 (1) (a) (title) of the statutes is repealed and recreated to read:

SB546,26,7 292.31 (1) (a) (title) Database.

SB546, s. 53 Section 53. 292.31 (1) (a) 1. of the statutes is repealed and recreated to read:

SB546,26,12 292.31 (1) (a) 1. The department shall compile, maintain, and make available to the public a database of all sites or facilities and other properties at which the discharge of a hazardous substance or other environmental pollution has been reported to the department. The department shall update the database regularly.

SB546, s. 54 Section 54. 292.31 (1) (a) 2. of the statutes is repealed.

SB546, s. 55 Section 55. 292.31 (1) (a) 3. of the statutes is amended to read:

SB546,26,17 292.31 (1) (a) 3. The decision of the department to include a site or facility or other property on the inventory database under subd. 1. or exclude a site or facility or other property from the inventory database is not subject to judicial review.

SB546, s. 56 Section 56. 292.31 (1) (a) 4. of the statutes is amended to read:

SB546,26,20 292.31 (1) (a) 4. Notwithstanding s. 227.01 (13) or 227.10 (1), the list of sites or facilities which results from the inventory database under subd. 1. is not a rule.

SB546, s. 57 Section 57. 292.31 (1) (b) 1. of the statutes is amended to read:

SB546,26,25 292.31 (1) (b) 1. The department may take direct action under subd. 2. or 3. or may enter into a contract with any person to take the action. The department may take action under subd. 2. or 3. regardless of whether a site or facility is included on the inventory under par. (a) or the hazard ranking list under par. (c).

SB546, s. 58 Section 58. 292.31 (1) (c) of the statutes is repealed.

SB546, s. 59 Section 59. 292.31 (2) (intro.) of the statutes is amended to read:

SB546,27,8 292.31 (2) Environmental response plan rules. (intro.) The department shall promulgate by rule a waste facility environmental response plan. The plan shall contain rules relating to investigation and remedial action for sites or facilities and other properties at which the air, land, or waters of the state have been affected by the discharge of a hazardous substance or other environmental pollution, including all of the following provisions:

SB546, s. 60 Section 60. 292.31 (2) (a) of the statutes is amended to read:

SB546,27,12 292.31 (2) (a) Methods for preparing the inventory and conducting the analysis under sub. (1) investigating the degree and extent of contamination for actions under sub. (3).

SB546, s. 61 Section 61. 292.31 (3) (c) of the statutes is amended to read:

SB546,28,2 292.31 (3) (c) Sequence of remedial action. In determining the sequence for taking remedial action under this subsection, the department shall consider the hazard ranking significance to public health, the community, and the environment of each site or facility, the amount of funds available, the information available about each site or facility, the willingness and ability of an owner, operator , or other responsible person to undertake or assist in remedial action, the availability of federal funds under 42 USC 9601, et seq., and other relevant factors. The department shall give the highest priority to remedial action at sites or facilities which have caused contamination of a municipal water system in a town with a population greater than 10,000. If any such site or facility is eligible for federal funds under 42 USC s. 9601 to 9675, but the federal funds will not be available before January 1, 2000, the department shall proceed with remedial action using state funds.

SB546, s. 62 Section 62. 292.31 (3) (cm) of the statutes is repealed.

SB546, s. 63 Section 63. 292.31 (3) (d) of the statutes is amended to read:

SB546,28,12 292.31 (3) (d) Emergency responses. Notwithstanding rules promulgated under this section, the hazard ranking list, or the considerations for taking action under par. (c) or the remedial action schedule under par. (cm), the department may take emergency action under this subsection and subs. (1) and (7) at a site or facility if delay will result in imminent risk to public health or safety or the environment. The department is not required to hold a hearing under par. (f) if emergency action is taken under this paragraph. The decision of the department to take emergency action is a final decision of the agency subject to judicial review under ch. 227.

SB546, s. 64 Section 64. 292.31 (4) of the statutes is amended to read:

SB546,28,21 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the inventory, analysis and hazard ranking under sub. (1), the environmental response plan prepared rules under sub. (2) or the environmental repair authority, remedial action sequence and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 (2) (dv) prior to making other payments from that appropriation.

SB546, s. 65 Section 65. 292.31 (5) of the statutes is repealed.

SB546, s. 66 Section 66. 292.57 (title) of the statutes is amended to read:

SB546,28,25 292.57 (title) Database of properties on which groundwater standards are exceeded with residual contamination.

SB546, s. 67 Section 67. 292.57 (2) (a) of the statutes is amended to read:

SB546,29,6 292.57 (2) (a) The department may promulgate a rule specifying a fee for placing information into a database concerning a property on which a groundwater standard is exceeded into a database, a property on which residual contamination is present in soil, or a property that is subject to s. 292.12 (3) (b). The department may also specify a fee for modifying information in the database.

SB546, s. 68 Section 68. Initial applicability.

SB546,29,15 (1) The treatment of sections 66.1106 (1) (c), (e), (f), (fm), (g), (i), (je), and (k), (1m), (2) (a), (4) (intro.) and (b), (7) (a) and (d) 1., (9), (10) (title), (a), (b), (c), (d), and (e), (11), (12), and (13) (title), 74.23 (1) (b), 74.25 (1) (b) 1. and 2., 74.30 (1) (i) and (j) and (2) (b), 79.095 (1) (c) and (2) (b), and 234.01 (4n) (a) 3m. a. of the statutes, the renumbering and amendment of section 66.1106 (13) of the statutes, and the creation of section 66.1106 (13) (b) of the statutes first apply to an environmental remediation tax incremental district that is in existence on October 1, 2006, or that is created on October 1, 2006.

SB546, s. 69 Section 69. Effective dates. This act takes effect on the day after publication, except as follows:

SB546,29,23 (1) The treatment sections 66.1106 (1) (c), (e), (f), (fm), (g), (i), (je), and (k), (1m), (2) (a), (4) (intro.) and (b), (7) (a) and (d) 1., (9), (10) (title), (a), (b), (c), (d), and (e), (11), (12), and (13) (title), 74.23 (1) (b), 74.25 (1) (b) 1. and 2., 74.30 (1) (i) and (j) and (2) (b), 79.095 (1) (c) and (2) (b), and 234.01 (4n) (a) 3m. a. of the statutes, the renumbering and amendment of section 66.1106 (13) of the statutes, and the creation of section 66.1106 (13) (b) of the statutes takes effect on October 1, 2006.

SB546,29,24 (End)