323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subd. 4. c. subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in s. 293.01 (7), minerals as defined in s. 293.01 (8) or refuse as defined in s. 293.01 (25).
(e) The reporting procedures for trade secrets under
42 USC 11042 shall apply to all facilities in this state subject to the requirements under
subd. 1., 3. or 4.
par. (a), (c), or (d). For the purposes of applying this
subdivision paragraph to public agencies and private agencies, the division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under
42 USC 11042.
(f) All facilities in this state subject to the requirements under
subd. 3. or 4. par. (c) or (d) shall comply with the procedures for providing information under
42 USC 11043.
42,192
Section
192. 166.20 (5) (b) of the statutes is repealed.
42,193
Section
193. 166.20 (5m) and (6) of the statutes are renumbered 323.60 (5m) and (6).
42,194
Section
194. 166.20 (7) (title) of the statutes is renumbered 323.60 (7) (title).
42,195
Section
195. 166.20 (7) (a) (intro.) of the statutes is renumbered 323.60 (7) (a) (intro.) and amended to read:
323.60 (7) (a) (intro.) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 166.21 323.61:
42,196
Section
196. 166.20 (7) (a) 1. of the statutes is renumbered 323.60 (7) (a) 1. and amended to read:
323.60 (7) (a) 1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under sub. (5) (a) 1.
42,197
Section
197. 166.20 (7) (a) 2. of the statutes is renumbered 323.60 (7) (a) 2. and amended to read:
323.60 (7) (a) 2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under sub. (5) (a) 3. (c).
42,198
Section
198. 166.20 (7) (b), (d), (dm) and (e) of the statutes are renumbered 323.60 (7) (b), (d), (dm) and (e), and 323.60 (7) (b) and (dm), as renumbered, are amended to read:
323.60 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. (a) or (c) shall pay the fees under par. (a). The division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.
(dm) The operator of a petroleum marketing facility at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale is exempt from the fees under par. (a) 2. with respect to gasoline and diesel fuel present at the petroleum marketing that facility.
42,199
Section
199. 166.20 (7m) and (8) of the statutes are renumbered 323.60 (7m) and (8), and 323.60 (8) (a), as renumbered, is amended to read:
323.60 (8) (a) The department of justice, at its own discretion or at the request of the division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance, except that, for a violation that is alleged to have occurred within the boundaries of a federally recognized Indian reservation or on land that is held in trust by the federal government for the benefit of an American Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7).
42,200
Section
200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).
42,201
Section
201. 166.20 (9) (a) of the statutes is renumbered 323.60 (9) (a), and 323.60 (9) (a) 1. a., b. and c., 2. (intro.), a., b. and c. and 3., as renumbered, are amended to read:
323.60
(9) (a) 1. a. Any person for failure to submit a follow-up emergency notice under
42 USC 11004 (c), as applied under sub. (5)
(a) 2. (b).
b. Any person for violation of sub. (5) (a) 3. or 4.
(c) or (d).
c. The division for failure to render a decision in response to a petition under
42 USC 11042 (d), as applied under sub. (5)
(a) 5. (e), within 9 months after receipt of the petition.
2. (intro.) The division or any county, city, village or town local unit of government may commence a civil action against any person for failure to do any of the following:
a. Provide notification to the division under
42 USC 11002 (c), as applied under sub. (5) (a)
1.
b. Submit the information required under
42 USC 11021 (a) or
11022 (a), as applied by sub. (5)
(a) 3.
(c).
c. Make available information requested under
42 USC 11021 (c), as applied under sub. (5)
(a) 3. (c).
3. The division or any committee may commence an action against any person for failure to provide the information required under
42 USC 11003 (d), as applied under sub. (5) (a)
1. or any information required under
42 USC 11022 (e) (1), as applied under sub. (5)
(a) 3.
(c).
42,202
Section
202. 166.20 (9) (b) of the statutes is renumbered 323.60 (9) (b).
42,203
Section
203. 166.20 (9) (c) 1. of the statutes is renumbered 323.60 (9) (c).
42,204
Section
204. 166.20 (9) (e) of the statutes is repealed.
42,205
Section
205. 166.20 (10) of the statutes is renumbered 323.60 (10).
42,206
Section
206. 166.20 (11) of the statutes is renumbered 323.60 (11), and 323.60 (11) (a), (b) (intro.), (c) and (d), as renumbered, are amended to read:
323.60
(11) (a) Any person who violates sub. (5) (a)
1., 2. or 4., (b), or (d), or the emergency and hazardous chemical inventory form requirements of
42 USC 11022, as applied under sub. (5)
(a) 3. (c), or any rule promulgated under sub. (5) (a)
1., 2. or 4., (b), or (d), or concerning emergency and hazardous chemical inventory form requirements shall forfeit not less than $100 nor more than $25,000. Total forfeitures for the failure of a facility to report multiple releases of hazardous substances covered under
42 USC 11004, as applied under sub. (5)
(a), shall not exceed $75,000 per day of offense.
(b) (intro.) Any person who knowingly and willfully fails to report the release of a hazardous substance covered under
42 USC 11004 as required under sub. (5)
(a) 2. (b) or any rule promulgated under sub. (5)
(a) 2. (b) is subject to the following penalties:
(c) Any person who violates sub. (5)
(a) 5. or 6.
(e) or (f) or the material safety data sheet requirements of
42 USC 11021, as applied under sub. (5)
(a) 3. (c), or any rule promulgated under sub. (5)
(a) 5. or 6. (e) or (f) or concerning material safety data sheet requirements shall forfeit not less than $50 nor more than $10,000.
(d) Any person who knowingly and willfully releases a trade secret entitled to protection under
42 USC 11042, as applied under sub. (5)
(a) 5. (e), shall be fined not less than $100 nor more than $20,000 or imprisoned for not more than one year in the county jail or both.
42,207
Section
207. 166.21 (title) of the statutes is renumbered 323.61 (title).
42,208
Section
208. 166.21 (1) (title) of the statutes is renumbered 323.61 (1) (title).
42,209
Section
209. 166.21 (1) (a) of the statutes is renumbered 323.61 (1) (a) and amended to read:
323.61 (1) (a) There is created an emergency planning grant program for the purpose of assisting committees to comply with the requirements of s. 166.20
323.60 and the federal act.
42,210
Section
210. 166.21 (1) (b) and (2) of the statutes are renumbered 323.61 (1) (b) and (2), and 323.61 (2) (d), as renumbered, is amended to read:
323.61 (2) (d) Any other activity of the committee required under s. 166.20 323.60 or the federal act.
42,211
Section
211. 166.21 (2m) (intro.) and (a) to (e) of the statutes are renumbered 323.61 (2m) (intro.) and (a) to (e).
42,212
Section
212. 166.21 (2m) (f) of the statutes is renumbered 323.61 (2m) (f) and amended to read:
323.61 (2m) (f) Procedures for local emergency response team actions that are consistent with local emergency response plans developed under s. 166.20 323.60 (3) and the state contingency plan established under s. 292.11 (5).
42,213
Section
213. 166.21 (3), (4) and (5) of the statutes are renumbered 323.61 (3), (4) and (5), and 323.61 (3) (c), as renumbered, is amended to read:
323.61 (3) (c) Notwithstanding sub. (2), the division shall deny that portion of a grant calculated under par. (a) 2. if the division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 166.20 323.60 or the federal act.
42,214
Section
214. 166.215 (title) of the statutes is renumbered 323.70 (title).
42,215
Section
215. 166.215 (1) of the statutes is renumbered 323.70 (2) and amended to read:
323.70
(2) Beginning July 1, 2001, the The division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s.
166.03 (2) (b) 1. 323.13 (2) (a). The division may only contract with a local agency
, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in
29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).
42,216
Section
216. 166.215 (2) of the statutes is renumbered 323.70 (3) and amended to read:
323.70 (3) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. sub. (7) (b) to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) (4) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.
42,217
Section
217. 166.215 (3) (intro.) of the statutes is renumbered 323.70 (4) (intro.) and amended to read:
323.70 (4) (intro.) A person shall reimburse the division for costs incurred by a regional emergency response team in responding to an emergency involving a level A release or a potential level A release if the team followed the procedures established under s. 166.20 (2) (bs) 1.
sub. (7) (b) to determine if an emergency requiring the team's response existed and if any of the following conditions applies:
42,218
Section
218. 166.215 (3) (a) of the statutes is renumbered 323.70 (4) (a).
42,219
Section
219. 166.215 (3) (b) of the statutes is renumbered 323.70 (4) (b).
42,220
Section
220. 166.215 (4) of the statutes is renumbered 323.70 (5) and amended to read:
323.70 (5) A member of a regional emergency response team who is acting under a contract under sub. (1) (2) is considered an employee of the state for purposes of worker's compensation benefits.
42,221
Section
221. 166.215 (5) of the statutes is renumbered 323.70 (6) and amended to read:
323.70 (6) The division shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (1) (2) or renewing or extending a contractual agreement under sub. (1)
(2), of the specific funding commitment involved in that proposed new, renewed or extended contract. The division shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The division may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the division's proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the division that the committee has scheduled a meeting to review the division's proposed action, the division may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action.
42,222
Section
222. 166.22 (title) of the statutes is renumbered 323.71 (title).
42,223
Section
223. 166.22 (1) (intro.) of the statutes is renumbered 323.70 (1) (intro.) and amended to read:
323.70 (1) (intro.) In this section
subchapter:
42,224
Section
224. 166.22 (1) (b), (c) and (d) of the statutes are renumbered 323.70 (1) (a), (b) and (c), and 323.70 (1) (c), as renumbered, is amended to read:
323.70 (1) (c) "Local emergency response team" means a team that the committee identifies under s. 166.21 323.61 (2m) (e).
42,225
Section
225. 166.22 (2) of the statutes is renumbered 323.71 (1).
42,226
Section
226. 166.22 (3) of the statutes is renumbered 323.71 (2) and amended to read:
323.71 (2) If action required under sub. (2) (1) is not being adequately taken or the identity of the person responsible for an emergency involving a release or potential release of a hazardous substance is unknown and the emergency involving a release or potential release threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the release or potential release of hazardous substances established by the department of natural resources under s. 292.11 (5) and that it considers appropriate under the circumstances.
42,227
Section
227. 166.22 (3m) of the statutes is renumbered 323.71 (3) and amended to read:
323.71 (3) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. 323.70 (7) (c) to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.
42,228
Section
228. 166.22 (4) (a) of the statutes is renumbered 323.71 (4) (a).
42,229
Section
229. 166.22 (4) (b) of the statutes is renumbered 323.71 (4) (b) and amended to read:
323.71 (4) (b) A local emergency response team may receive reimbursement under par. (a) only if the team followed the procedures established under s. 166.20 (2) (bs) 2. 323.70 (7) (c) to determine if an emergency requiring the team's response existed.
42,230
Section
230. 166.22 (5) of the statutes is renumbered 323.71 (5).
42,231
Section
231. 166.22 (6) of the statutes is renumbered 323.71 (6).
42,232
Section
232. 166.23 (title) of the statutes is repealed.
42,233
Section
233. 166.23 (1) of the statutes is renumbered 323.11 and amended to read:
323.11 Declaration by local government. Notwithstanding any other provision of law to the contrary, the The governing body of any county, city, village, or town is empowered to local unit of government may declare, by ordinance or resolution, an emergency existing within the county, city, village, or town local unit of government whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, a riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other vital facilities critical systems of the county, city, village, or town local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.
42,234
Section
234. 166.23 (2) of the statutes is renumbered 323.14 (4) (a) and amended to read:
323.14 (4) (a) The emergency power of the governing body conferred under sub. (1) s. 323.11 includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection, and welfare and good order of the county, city, village, or town persons and property within the local unit of government in the emergency and includes without limitation because of enumeration the power to bar, restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of chs. 341 to 349 or any other provisions of law. The governing body of the county, city, village, or town may provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each separate offense.
42,235
Section
235. 166.23 (2m) of the statutes is renumbered 323.14 (3) (a) and amended to read:
323.14 (3) (a) If the governing body of a county, city, village, or town local unit of government declares an emergency under sub. (1) s. 323.11 and intends to make use of behavioral health providers, health care providers, pupil services providers, or substance abuse prevention providers volunteer health care practitioners, as specified in s. 250.042 (4) 257.03, the governing body or its agent shall, as soon as possible, notify the department of health services of this intent.
42,236
Section
236. 166.23 (3) of the statutes is renumbered 323.14 (4) (b) and amended to read:
323.14 (4) (b) If, because of the emergency conditions, the governing body of the county, city, village, or town local unit of government is unable to meet
with promptness promptly, the chief executive officer or acting chief executive officer of any county, city, village, or town local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under sub. (1) or (2) which within the discretion of the officer par. (a) or s. 323.11 that appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration, modification, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.
42,237
Section
237. 166.25 of the statutes is renumbered 323.24 and amended to read:
323.24 Prohibition against restricting firearms or ammunition during emergency. A person who is granted emergency powers under s. 166.03 or 166.23
this subchapter may not use those powers to restrict the lawful possession, transfer, sale, transport, storage, display, or use of firearms or ammunition during an emergency.
42,238
Section
238. 166.30 of the statutes is renumbered 323.80.
42,239
Section
239. 250.01 (intro.) of the statutes is amended to read:
250.01 Definitions. (intro.) In chs. 250 to 256 257, unless the context requires otherwise:
