AB926: Bill Text

AB926,301,13 289.68 (7) Report on waste management fund. With its biennial budget request to the department of administration under s. 16.42, the natural resources board department shall include a report on the fiscal status of the waste management fund and an estimate of the receipts by and expenditures from the fund in the current fiscal year and in the future.

AB926, s. 1084 Section 1084. 291.01 (2) of the statutes is amended to read:

AB926,301,16 291.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 1085 Section 1085. 292.01 (2) of the statutes is amended to read:

AB926,301,19 292.01 (2) "Department" means the department of natural resources environmental quality.

AB926, s. 1086 Section 1086. 292.01 (17) of the statutes is amended to read:

AB926,301,22 292.01 (17) "Secretary" means the secretary of natural resources environmental quality.

AB926, s. 1087 Section 1087. 292.11 (6) (a) of the statutes is amended to read:

AB926,302,4 292.11 (6) (a) Contingency plan; activities resulting from discharges. The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in implementing and carrying out the contingency plan developed under sub. (5) and to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in identifying, locating, monitoring, containing, removing and disposing of discharged substances.

AB926, s. 1088 Section 1088. 292.11 (6) (b) of the statutes is amended to read:

AB926,302,9 292.11 (6) (b) Limitation on equipment expenses. No more than 25% of the moneys available under the appropriation under s. 20.370 20.375 (2) (dv) or (my) during any fiscal year may be used for the procurement and maintenance of necessary equipment during that fiscal year.

AB926, s. 1089 Section 1089. 292.11 (6) (c) 2. of the statutes is amended to read:

AB926,302,13 292.11 (6) (c) 2. Reimbursements to the department under section 311, federal water pollution control act amendments of 1972, P.L. 92-500, shall be credited to the appropriation under s. 20.370 20.375 (2) (my).

AB926, s. 1090 Section 1090. 292.12 (1) (a) of the statutes is amended to read:

AB926,302,20 292.12 (1) (a) "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2), the department of commerce with respect to a site over which it has jurisdiction under s. 101.144 (2) (a), or the department of natural resources environmental quality with respect to a site over which it has jurisdiction under s. 292.11 (7).

AB926, s. 1091 Section 1091. 292.255 of the statutes is amended to read:

AB926,303,2 292.255 Report on brownfield efforts. The department of natural resources environmental quality, the department of administration, and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.13 (1) (a).

AB926, s. 1092 Section 1092. 292.31 (4) of the statutes is amended to read:

AB926,303,10 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the environmental response 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 that is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 20.375 (2) (dv) prior to making other payments from that appropriation.

AB926, s. 1093 Section 1093. 292.31 (7) (am) 2. of the statutes is amended to read:

AB926,303,19 292.31 (7) (am) 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.

AB926, s. 1094 Section 1094. 292.31 (7) (b) of the statutes is amended to read:

AB926,304,4 292.31 (7) (b) The department may expend moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg) as required under 42 USC 9601, et seq. The department shall promulgate by rule criteria for the expenditure of moneys from the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg). The criteria shall include consideration of the amount of moneys available in the appropriations under ss. 20.370 20.375 (2) (dv) and 20.866 (2) (tg), the moneys available from other sources for the required sharing of costs, the differences between public and private sites or facilities, the potential for cost recovery from responsible parties and any other appropriate factors.

AB926, s. 1095 Section 1095. 292.33 (6) of the statutes is amended to read:

AB926,304,11 292.33 (6) Exception. A local governmental unit may not recover costs under this section for remedial activities conducted on a property or portion of a property with respect to a discharge after the department of natural resources environmental quality, the department of commerce or the department of agriculture, trade and consumer protection has indicated that no further remedial activities are necessary on the property or portion of the property with respect to the discharge.

AB926, s. 1096 Section 1096. 292.41 (6) (a) of the statutes is amended to read:

AB926,304,17 292.41 (6) (a) The department may utilize moneys appropriated under s. 20.370 20.375 (2) (dv) and (my) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.

AB926, s. 1097 Section 1097. 292.41 (6) (b) of the statutes is amended to read:

AB926,304,21 292.41 (6) (b) No more than 25% of the total of all moneys available under the appropriation under s. 20.370 20.375 (2) (dv) and (my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.

AB926, s. 1098 Section 1098. 292.53 of the statutes is amended to read:

AB926,305,4 292.53 Availability of environmental insurance. The department, in cooperation with the department of administration, may undertake activities to make private environmental insurance products available to encourage and facilitate the cleanup and redevelopment of contaminated property. The department of natural resources environmental quality may negotiate with, select, and contract with one or more insurers to provide insurance products under this section, subject to the approval of the department of administration under s. 16.865 (5).

AB926, s. 1099 Section 1099. 292.55 (2) of the statutes is amended to read:

AB926,305,10 292.55 (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (dh).

AB926, s. 1100 Section 1100. 292.57 (2) (b) of the statutes is amended to read:

AB926,305,13 292.57 (2) (b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 20.375 (2) (dh).

AB926, s. 1101 Section 1101. 292.65 (3) (c) of the statutes is amended to read:

AB926,305,17 292.65 (3) (c) The department shall allocate 9.7% of the funds appropriated under s. 20.370 20.375 (6) (eq) in each fiscal year for awards for immediate action activities and applications that exceed the amount anticipated.

AB926, s. 1102 Section 1102. 292.65 (11) of the statutes is amended to read:

AB926,306,3 292.65 (11) Environmental fund reimbursement. If the department expends funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because of a discharge of dry cleaning product at a dry cleaning facility and there is a person who would be an eligible owner or operator under this section for the dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 20.375 (6) (eq) to the environmental fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3) (b) less the applicable deductible under sub. (8) (e). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under s. 20.370 20.375 (6) (eq).

AB926, s. 1103 Section 1103. 292.70 (7) of the statutes is amended to read:

AB926,306,7 292.70 (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 20.375 (2) (fq).

AB926, s. 1104 Section 1104. 292.75 (2) (a) of the statutes is amended to read:

AB926,306,12 292.75 (2) (a) The department shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 20.375 (6) (et) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

AB926, s. 1105 Section 1105. 292.75 (6) of the statutes is amended to read:

AB926,306,17 292.75 (6) Limitation of grant. The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under s. 20.370 20.375 (6) (et) for the fiscal year.

AB926, s. 1106 Section 1106. 292.94 of the statutes is amended to read:

AB926,307,2 292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 20.375 (2) (dh).

AB926, s. 1107 Section 1107. 293.01 (3) of the statutes is amended to read:

AB926,307,5 293.01 (3) "Department" means the department of natural resources environmental quality.

AB926, s. 1108 Section 1108. 293.01 (28) (a) of the statutes is amended to read:

AB926,307,10 293.01 (28) (a) Habitat required for survival of species of vegetation or wildlife designated as endangered through prior inclusion in rules adopted by the department of natural resources, if such endangered species cannot be firmly reestablished elsewhere.

AB926, s. 1109 Section 1109. 293.01 (28) (b) (intro.) of the statutes is amended to read:

AB926,307,15 293.01 (28) (b) (intro.) Unique features of the land, as determined by state or federal designation and incorporated in rules adopted by the department of natural resources, as any of the following, which cannot have their unique characteristic preserved by relocation or replacement elsewhere:

AB926, s. 1110 Section 1110. 293.25 (6) of the statutes is amended to read:

AB926,307,23 293.25 (6) Environmental impact. Radioactive waste site exploration may constitute a major action significantly affecting the quality of the human environment. No person may engage in radioactive waste site exploration unless the person complies with the requirements under s. 1.11. Notwithstanding s. 23.40 278.40, the state may charge actual and reasonable costs associated with field investigation, verification, monitoring, preapplication services and preparation of an environmental impact statement.

AB926, s. 1111 Section 1111. 295.11 (1) of the statutes is amended to read:

AB926,308,2 295.11 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 1112 Section 1112. 295.31 (1) of the statutes is amended to read:

AB926,308,5 295.31 (1) "Department" means the department of natural resources environmental quality.

AB926, s. 1113 Section 1113. 299.01 (3) of the statutes is amended to read:

AB926,308,8 299.01 (3) "Department" means the department of natural resources environmental quality.

AB926, s. 1114 Section 1114. 299.23 of the statutes is amended to read:

AB926,308,14 299.23 Financial interest prohibited. The secretary of natural resources environmental quality and any other person in a position of administrative responsibility in the department may not have a financial interest in any enterprise which might profit by weak or preferential administration or enforcement of the powers and duties of the department.

AB926, s. 1115 Section 1115. 299.64 (3) of the statutes is amended to read:

AB926,308,18 299.64 (3) Citations. The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 278.50 to 278.90 to collect a forfeiture for a violation of sub. (2).

AB926, s. 1116 Section 1116. 299.83 (1) (c) of the statutes is amended to read:

AB926,308,23 299.83 (1) (c) "Environmental performance," unless otherwise qualified, means the effects, whether regulated under subchs. I to III of ch. 30 or chs. 29 to 31, 160, or 280 to 299 or unregulated, of a facility or activity on air, water, land, natural resources, and human health.

AB926, s. 1117 Section 1117. 299.83 (1) (d) of the statutes is amended to read:

AB926,309,4 299.83 (1) (d) "Environmental requirement" means a requirement in subchs. I to III of ch. 30 or chs. 29 to 31, 160, or 280 to 299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.

AB926, s. 1118 Section 1118. 299.83 (3) (b) 3. of the statutes is amended to read:

AB926,309,10 299.83 (3) (b) 3. That, within 24 months before the date of application, the department of justice has not filed a suit to enforce an environmental requirement, and the department of natural resources environmental quality has not issued a citation to enforce an environmental requirement, because of a violation involving a covered facility or activity.

AB926, s. 1119 Section 1119. 299.83 (3) (d) 2. a. of the statutes is amended to read:

AB926,309,15 299.83 (3) (d) 2. a. Improving the environmental performance of the applicant, with respect to each covered facility or activity, in aspects of environmental performance that are regulated under subchs. I to III of ch. 30 or chs. 29 to 31, 160, or 280 to 299.

AB926, s. 1120 Section 1120. 299.83 (3) (d) 2. b. of the statutes is amended to read:

AB926,309,20 299.83 (3) (d) 2. b. Improving the environmental performance of the applicant, with respect to each covered facility or activity, in aspects of environmental performance that are not regulated under subchs. I to III of ch. 30 or chs. 29 to 31, 160, or 280 to 299.

AB926, s. 1121 Section 1121. 299.83 (3) (e) of the statutes, as affected by 2009 Wisconsin Act 30, is amended to read:

AB926,310,4 299.83 (3) (e) Waiver of enforcement record requirements. The secretary of natural resources environmental quality may waive requirements in par. (b) 2. or 3. based on the request of an applicant. The department shall provide public notice of the request and shall provide at least 30 days for public comment on the request. The secretary may not grant a waiver under this paragraph unless he or she finds that the waiver is consistent with sub. (1m) and will not erode public confidence in the integrity of the program.

AB926, s. 1122 Section 1122. 299.83 (4m) (f) of the statutes is amended to read:

AB926,310,13 299.83 (4m) (f) After a participant in tier I of the program implements an environmental management system that complies with sub. (3) (d) 1., the department shall conduct any inspections of the participant's covered facilities or activities that are required under subchs. I to III of ch. 30 or chs. 29 to 31, 160, or 280 to 299 at the lowest frequency permitted under those chapters, except that the department may conduct an inspection whenever it has reason to believe that a participant is out of compliance with a requirement in an approval or with an environmental requirement.

AB926, s. 1123 Section 1123. 299.83 (5) (b) 3. of the statutes is amended to read:

AB926,310,19 299.83 (5) (b) 3. That, within 24 months before the date of application, the department of justice has not filed a suit to enforce an environmental requirement, and the department of natural resources environmental quality has not issued a citation to enforce an environmental requirement, because of a violation involving a covered facility or activity.

AB926, s. 1124 Section 1124. 299.83 (5) (e) of the statutes, as affected by 2009 Wisconsin Act 30, is amended to read:

AB926,311,4 299.83 (5) (e) Waiver of enforcement record requirements. The secretary of natural resources environmental quality may waive requirements in par. (b) 2. or 3. based on the request of an applicant. The department shall provide public notice of the request and shall provide at least 30 days for public comment on the request. This public comment period may be concurrent with the notice period under sub. (6) (c) to (f). The secretary may not grant a waiver under this paragraph unless he or she finds that the waiver is consistent with sub. (1m) and will not erode public confidence in the integrity of the program.

AB926, s. 1125 Section 1125. 299.85 (1) (c) 1. of the statutes is amended to read:

AB926,311,8 299.85 (1) (c) 1. Chapters 29 to Subchapters I to III of ch. 30 or chs. 31, 160, or 280 to 299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.

AB926, s. 1126 Section 1126. 299.85 (6) (b) (intro.) of the statutes, as affected by 2009 Wisconsin Act 30, is amended to read:

AB926,311,16 299.85 (6) (b) (intro.) The department may not approve or issue a compliance schedule that extends longer than 12 months beyond the date of approval of the compliance schedule, unless the secretary of natural resources environmental quality determines that a longer schedule is necessary. The department shall consider the following factors in determining whether to approve a compliance schedule:

AB926, s. 1127 Section 1127. 299.85 (7) (a) 2. of the statutes, as affected by 2009 Wisconsin Act 30, is amended to read:

AB926,312,6 299.85 (7) (a) 2. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b) 1., 295.37 (2), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies under sub. (2) for participation in the Environmental Compliance Audit Program corrects violations that it discloses in a report that meets the requirements of sub. (3) within 90 days after the department receives the report that meets the requirements of sub. (3), the regulated entity may not be required to forfeit more than $500 for each violation, regardless of the number of days during which the violation continues.