AB926,301,3
1289.68
(5) Prevention of imminent hazard. The department may utilize
2moneys appropriated under s.
20.370 20.375 (2) (dq) for the payment of costs
3associated with imminent hazards as authorized under s. 289.41 (11) (c) and (cm).
AB926, s. 1082
4Section
1082. 289.68 (6) of the statutes is amended to read:
AB926,301,75
289.68
(6) Payment of corrective action, forfeited bonds and recovered
6moneys. The department may utilize moneys appropriated under s.
20.370 20.375 7(2) (dy) and (dz) for the payment of costs of corrective action under s. 289.41 (11) (bm).
AB926, s. 1083
8Section
1083. 289.68 (7) of the statutes is amended to read:
AB926,301,139
289.68
(7) Report on waste management fund. With its biennial budget
10request to the department of administration under s. 16.42, the
natural resources
11board department shall include a report on the fiscal status of the waste
12management fund and an estimate of the receipts by and expenditures from the fund
13in the current fiscal year and in the future.
AB926, s. 1084
14Section
1084. 291.01 (2) of the statutes is amended to read:
AB926,301,1615
291.01
(2) "Department" means the department of
natural resources 16environmental quality.
AB926, s. 1085
17Section
1085. 292.01 (2) of the statutes is amended to read:
AB926,301,1918
292.01
(2) "Department" means the department of
natural resources 19environmental quality.
AB926, s. 1086
20Section
1086. 292.01 (17) of the statutes is amended to read:
AB926,301,2221
292.01
(17) "Secretary" means the secretary of
natural resources 22environmental quality.
AB926, s. 1087
23Section
1087. 292.11 (6) (a) of the statutes is amended to read:
AB926,302,424
292.11
(6) (a)
Contingency plan; activities resulting from discharges. The
25department may utilize moneys appropriated under s.
20.370 20.375 (2) (dv) and
1(my) in implementing and carrying out the contingency plan developed under sub.
2(5) and to provide for the procurement, maintenance and storage of necessary
3equipment and supplies, personnel training and expenses incurred in identifying,
4locating, monitoring, containing, removing and disposing of discharged substances.
AB926, s. 1088
5Section
1088. 292.11 (6) (b) of the statutes is amended to read:
AB926,302,96
292.11
(6) (b)
Limitation on equipment expenses. No more than 25% of the
7moneys available under the appropriation under s.
20.370 20.375 (2) (dv) or (my)
8during any fiscal year may be used for the procurement and maintenance of
9necessary equipment during that fiscal year.
AB926, s. 1089
10Section
1089. 292.11 (6) (c) 2. of the statutes is amended to read:
AB926,302,1311
292.11
(6) (c) 2. Reimbursements to the department under section 311, federal
12water pollution control act amendments of 1972, P.L.
92-500, shall be credited to the
13appropriation under s.
20.370 20.375 (2) (my).
AB926, s. 1090
14Section
1090. 292.12 (1) (a) of the statutes is amended to read:
AB926,302,2015
292.12
(1) (a) "Agency with administrative authority" means the department
16of agriculture, trade and consumer protection with respect to a site over which it has
17jurisdiction under s. 94.73 (2), the department of commerce with respect to a site over
18which it has jurisdiction under s. 101.144 (2) (a), or the department of
natural
19resources environmental quality with respect to a site over which it has jurisdiction
20under s. 292.11 (7).
AB926, s. 1091
21Section
1091. 292.255 of the statutes is amended to read:
AB926,303,2
22292.255 Report on brownfield efforts. The department of
natural
23resources environmental quality, the department of administration, and the
24department of commerce shall submit a report evaluating the effectiveness of this
1state's efforts to remedy the contamination of, and to redevelop, brownfields, as
2defined in s. 560.13 (1) (a).
AB926, s. 1092
3Section
1092. 292.31 (4) of the statutes is amended to read:
AB926,303,104
292.31
(4) Monitoring costs at nonapproved facilities owned or operated by
5municipalities. Notwithstanding the environmental response rules under sub. (2) or
6the environmental repair authority, remedial action sequence
, and emergency
7response requirements under sub. (3), the department shall pay that portion of the
8cost of any monitoring requirement
which that is to be paid under s. 289.31 (7) (f)
9from the appropriation under s.
20.370 20.375 (2) (dv) prior to making other
10payments from that appropriation.
AB926, s. 1093
11Section
1093. 292.31 (7) (am) 2. of the statutes is amended to read:
AB926,303,1912
292.31
(7) (am) 2. The department may acquire an interest in property from
13any person as part of a remedial action conducted in cooperation with the federal
14environmental protection agency if the acquisition is necessary to implement the
15remedy. Under this subdivision, the department may acquire an interest in property
16that is necessary to ensure that restrictions on the use of land or groundwater are
17enforceable. The department may expend moneys from the appropriations under ss.
1820.370 20.375 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an
19interest in property acquired by the department under this subdivision.
AB926, s. 1094
20Section
1094. 292.31 (7) (b) of the statutes is amended to read:
AB926,304,421
292.31
(7) (b) The department may expend moneys from the appropriations
22under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg) as required under
42 USC 9601,
23et seq. The department shall promulgate by rule criteria for the expenditure of
24moneys from the appropriations under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg).
25The criteria shall include consideration of the amount of moneys available in the
1appropriations under ss.
20.370 20.375 (2) (dv) and 20.866 (2) (tg), the moneys
2available from other sources for the required sharing of costs, the differences
3between public and private sites or facilities, the potential for cost recovery from
4responsible parties and any other appropriate factors.
AB926, s. 1095
5Section
1095. 292.33 (6) of the statutes is amended to read:
AB926,304,116
292.33
(6) Exception. A local governmental unit may not recover costs under
7this section for remedial activities conducted on a property or portion of a property
8with respect to a discharge after the department of
natural resources environmental
9quality, the department of commerce or the department of agriculture, trade and
10consumer protection has indicated that no further remedial activities are necessary
11on the property or portion of the property with respect to the discharge.
AB926, s. 1096
12Section
1096. 292.41 (6) (a) of the statutes is amended to read:
AB926,304,1713
292.41
(6) (a) The department may utilize moneys appropriated under s.
1420.370 20.375 (2) (dv) and (my) in taking action under sub. (4). The department shall
15utilize these moneys to provide for the procurement, maintenance and storage of
16necessary equipment and supplies, personnel training and expenses incurred in
17locating, identifying, removing and disposing of abandoned containers.
AB926, s. 1097
18Section
1097. 292.41 (6) (b) of the statutes is amended to read:
AB926,304,2119
292.41
(6) (b) No more than 25% of the total of all moneys available under the
20appropriation under s.
20.370 20.375 (2) (dv) and (my) may be used annually for the
21procurement and maintenance of necessary equipment during that fiscal year.
AB926, s. 1098
22Section
1098. 292.53 of the statutes is amended to read:
AB926,305,4
23292.53 Availability of environmental insurance. The department, in
24cooperation with the department of administration, may undertake activities to
25make private environmental insurance products available to encourage and
1facilitate the cleanup and redevelopment of contaminated property. The department
2of
natural resources environmental quality may negotiate with, select, and contract
3with one or more insurers to provide insurance products under this section, subject
4to the approval of the department of administration under s. 16.865 (5).
AB926, s. 1099
5Section
1099. 292.55 (2) of the statutes is amended to read:
AB926,305,106
292.55
(2) The department may assess and collect fees from a person to offset
7the costs of providing assistance under sub. (1). The department shall promulgate
8rules for the assessment and collection of fees under this subsection. Fees collected
9under this subsection shall be credited to the appropriation account under s.
20.370 1020.375 (2) (dh).
AB926, s. 1100
11Section
1100. 292.57 (2) (b) of the statutes is amended to read:
AB926,305,1312
292.57
(2) (b) Any moneys collected under this subsection shall be credited to
13the appropriation account under s.
20.370 20.375 (2) (dh).
AB926, s. 1101
14Section
1101. 292.65 (3) (c) of the statutes is amended to read:
AB926,305,1715
292.65
(3) (c) The department shall allocate 9.7% of the funds appropriated
16under s.
20.370 20.375 (6) (eq) in each fiscal year for awards for immediate action
17activities and applications that exceed the amount anticipated.
AB926, s. 1102
18Section
1102. 292.65 (11) of the statutes is amended to read:
AB926,306,319
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 20.375 (6) (eq) to the environmental fund an amount equal to the amount
25expended under s. 292.11 (7) (a) or 292.31 (3) (b) less the applicable deductible under
1sub. (8) (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 20.375 (6) (eq).
AB926, s. 1103
4Section
1103. 292.70 (7) of the statutes is amended to read:
AB926,306,75
292.70
(7) Review and payment. If a claim is filed under an agreement under
6sub. (2) or (3), the department shall review the claim to determine whether it is valid.
7A valid claim shall be paid from the appropriation under s.
20.370 20.375 (2) (fq).
AB926, s. 1104
8Section
1104. 292.75 (2) (a) of the statutes is amended to read:
AB926,306,129
292.75
(2) (a) The department shall administer a program to award brownfield
10site assessment grants from the appropriation under s.
20.370 20.375 (6) (et) to local
11governmental units for the purposes of conducting any of the eligible activities under
12sub. (3).
AB926, s. 1105
13Section
1105. 292.75 (6) of the statutes is amended to read:
AB926,306,1714
292.75
(6) Limitation of grant. The total amount of all grants awarded to a
15local governmental unit in a fiscal year under this section shall be limited to an
16amount equal to 15% of the available funds appropriated under s.
20.370 20.375 (6)
17(et) for the fiscal year.
AB926, s. 1106
18Section
1106. 292.94 of the statutes is amended to read:
AB926,307,2
19292.94 Fees related to enforcement actions. The department may assess
20and collect fees from a person who is subject to an order or other enforcement action
21for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to
22review the planning and implementation of any environmental investigation or
23environmental cleanup that the person is required to conduct. The department shall
24promulgate rules for the assessment and collection of fees under this section. Fees
1collected under this section shall be credited to the appropriation account under s.
220.370 20.375 (2) (dh).
AB926, s. 1107
3Section
1107. 293.01 (3) of the statutes is amended to read:
AB926,307,54
293.01
(3) "Department" means the department of
natural resources 5environmental quality.
AB926, s. 1108
6Section
1108. 293.01 (28) (a) of the statutes is amended to read:
AB926,307,107
293.01
(28) (a) Habitat required for survival of species of vegetation or wildlife
8designated as endangered through prior inclusion in rules adopted by the
9department
of natural resources, if such endangered species cannot be firmly
10reestablished elsewhere.
AB926, s. 1109
11Section
1109. 293.01 (28) (b) (intro.) of the statutes is amended to read:
AB926,307,1512
293.01
(28) (b) (intro.) Unique features of the land, as determined by state or
13federal designation and incorporated in rules adopted by the department
of natural
14resources, as any of the following, which cannot have their unique characteristic
15preserved by relocation or replacement elsewhere:
AB926, s. 1110
16Section
1110. 293.25 (6) of the statutes is amended to read:
AB926,307,2317
293.25
(6) Environmental impact. Radioactive waste site exploration may
18constitute a major action significantly affecting the quality of the human
19environment. No person may engage in radioactive waste site exploration unless the
20person complies with the requirements under s. 1.11. Notwithstanding s.
23.40 21278.40, the state may charge actual and reasonable costs associated with field
22investigation, verification, monitoring, preapplication services and preparation of
23an environmental impact statement.
AB926, s. 1111
24Section
1111. 295.11 (1) of the statutes is amended to read:
AB926,308,2
1295.11
(1) "Department" means the department of
natural resources 2environmental quality.
AB926, s. 1112
3Section
1112. 295.31 (1) of the statutes is amended to read:
AB926,308,54
295.31
(1) "Department" means the department of
natural resources 5environmental quality.
AB926, s. 1113
6Section
1113. 299.01 (3) of the statutes is amended to read:
AB926,308,87
299.01
(3) "Department" means the department of
natural resources 8environmental quality.
AB926, s. 1114
9Section
1114. 299.23 of the statutes is amended to read:
AB926,308,14
10299.23 Financial interest prohibited. The secretary of
natural resources 11environmental quality and any other person in a position of administrative
12responsibility in the department may not have a financial interest in any enterprise
13which might profit by weak or preferential administration or enforcement of the
14powers and duties of the department.
AB926, s. 1115
15Section
1115. 299.64 (3) of the statutes is amended to read:
AB926,308,1816
299.64
(3) Citations. The department may follow the procedures for the
17issuance of a citation under ss.
23.50 to 23.99 278.50 to 278.90 to collect a forfeiture
18for a violation of sub. (2).
AB926, s. 1116
19Section
1116. 299.83 (1) (c) of the statutes is amended to read:
AB926,308,2320
299.83
(1) (c) "Environmental performance," unless otherwise qualified, means
21the effects, whether regulated under
subchs. I to III of ch. 30 or chs.
29 to 31, 160,
22or 280 to 299 or unregulated, of a facility or activity on air, water, land, natural
23resources, and human health.
AB926, s. 1117
24Section
1117. 299.83 (1) (d) of the statutes is amended to read:
AB926,309,4
1299.83
(1) (d) "Environmental requirement" means a requirement in
subchs.
2I to III of ch. 30 or chs.
29 to 31, 160, or 280 to 299, a rule promulgated under one of
3those chapters, or a permit, license, other approval, or order issued by the
4department under one of those chapters.
AB926, s. 1118
5Section
1118. 299.83 (3) (b) 3. of the statutes is amended to read:
AB926,309,106
299.83
(3) (b) 3. That, within 24 months before the date of application, the
7department of justice has not filed a suit to enforce an environmental requirement,
8and the department of
natural resources environmental quality has not issued a
9citation to enforce an environmental requirement, because of a violation involving
10a covered facility or activity.
AB926, s. 1119
11Section
1119. 299.83 (3) (d) 2. a. of the statutes is amended to read:
AB926,309,1512
299.83
(3) (d) 2. a. Improving the environmental performance of the applicant,
13with respect to each covered facility or activity, in aspects of environmental
14performance that are regulated under
subchs. I to III of ch. 30 or chs.
29 to 31, 160,
15or 280 to 299.
AB926, s. 1120
16Section
1120. 299.83 (3) (d) 2. b. of the statutes is amended to read:
AB926,309,2017
299.83
(3) (d) 2. b. Improving the environmental performance of the applicant,
18with respect to each covered facility or activity, in aspects of environmental
19performance that are not regulated under
subchs. I to III of ch. 30 or chs. 29 to 31,
20160, or 280 to 299.
AB926,310,423
299.83
(3) (e)
Waiver of enforcement record requirements. The secretary of
24natural resources environmental quality may waive requirements in par. (b) 2. or 3.
25based on the request of an applicant. The department shall provide public notice of
1the request and shall provide at least 30 days for public comment on the request. The
2secretary may not grant a waiver under this paragraph unless he or she finds that
3the waiver is consistent with sub. (1m) and will not erode public confidence in the
4integrity of the program.
AB926, s. 1122
5Section
1122. 299.83 (4m) (f) of the statutes is amended to read:
AB926,310,136
299.83
(4m) (f) After a participant in tier I of the program implements an
7environmental management system that complies with sub. (3) (d) 1., the
8department shall conduct any inspections of the participant's covered facilities or
9activities that are required under
subchs. I to III of ch. 30 or chs.
29 to 31, 160, or 280
10to 299 at the lowest frequency permitted under those chapters, except that the
11department may conduct an inspection whenever it has reason to believe that a
12participant is out of compliance with a requirement in an approval or with an
13environmental requirement.
AB926, s. 1123
14Section
1123. 299.83 (5) (b) 3. of the statutes is amended to read:
AB926,310,1915
299.83
(5) (b) 3. That, within 24 months before the date of application, the
16department of justice has not filed a suit to enforce an environmental requirement,
17and the department of
natural resources environmental quality has not issued a
18citation to enforce an environmental requirement, because of a violation involving
19a covered facility or activity.
AB926,311,422
299.83
(5) (e)
Waiver of enforcement record requirements. The secretary of
23natural resources environmental quality may waive requirements in par. (b) 2. or 3.
24based on the request of an applicant. The department shall provide public notice of
25the request and shall provide at least 30 days for public comment on the request.
1This public comment period may be concurrent with the notice period under sub. (6)
2(c) to (f). The secretary may not grant a waiver under this paragraph unless he or
3she finds that the waiver is consistent with sub. (1m) and will not erode public
4confidence in the integrity of the program.
AB926, s. 1125
5Section
1125. 299.85 (1) (c) 1. of the statutes is amended to read:
AB926,311,86
299.85
(1) (c) 1.
Chapters 29 to
Subchapters I to III of ch. 30 or chs. 31, 160, or
7280 to 299, a rule promulgated under one of those chapters, or a permit, license, other
8approval, or order issued by the department under one of those chapters.