AB926,210,2017 101.143 (2) (h) (intro.) The department of commerce and the department of
18natural resources environmental quality, jointly, shall promulgate rules designed to
19facilitate effective and cost-efficient administration of the program under this
20section that specify all of the following:
AB926, s. 874 21Section 874. 101.143 (2) (h) 3. of the statutes is amended to read:
AB926,210,2422 101.143 (2) (h) 3. Review procedures that must be followed by employees of the
23department of natural resources environmental quality and the department of
24commerce in reviewing the information submitted under subd. 1.
AB926, s. 875 25Section 875. 101.143 (2) (i) (intro.) of the statutes is amended to read:
AB926,211,6
1101.143 (2) (i) (intro.) The department of commerce and the department of
2natural resources environmental quality, jointly, shall promulgate rules specifying
3procedures for evaluating remedial action plans and procedures to be used by
4employees of the department of commerce and the department of natural resources
5environmental quality while remedial actions are being conducted. The
6departments shall specify procedures that include all of the following:
AB926, s. 876 7Section 876. 101.143 (2) (j) (intro.) of the statutes is amended to read:
AB926,211,108 101.143 (2) (j) (intro.) The department of commerce and the department of
9natural resources environmental quality, jointly, shall promulgate rules specifying
10all of the following:
AB926, s. 877 11Section 877. 101.143 (2) (j) 1. of the statutes is amended to read:
AB926,211,1412 101.143 (2) (j) 1. The conditions under which employees of the department of
13commerce and the department of natural resources environmental quality must
14issue approvals under sub. (3) (c) 4.
AB926, s. 878 15Section 878. 101.143 (2) (k) of the statutes is amended to read:
AB926,212,316 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of
17commerce and the department of natural resources environmental quality shall
18attempt to reach an agreement that is consistent with those provisions. If the
19department of commerce and the department of natural resources environmental
20quality
are unable to reach an agreement, they shall refer the matters on which they
21are unable to agree to the secretary of administration for resolution. The secretary
22of administration shall resolve any matters on which the departments disagree in
23a manner that is consistent with pars. (h) to (j). The department of commerce and
24the department of natural resources environmental quality, jointly, shall promulgate
25rules incorporating any agreement between the department of commerce and the

1department of natural resources environmental quality under this paragraph and
2any resolution of disagreements between the departments by the secretary of
3administration under this paragraph.
AB926, s. 879 4Section 879. 101.143 (2e) of the statutes is amended to read:
AB926,212,105 101.143 (2e) Risk-based analysis. (a) The department of commerce and the
6department of natural resources environmental quality shall attempt to agree on a
7method, which shall include individualized consideration of the routes for migration
8of petroleum product contamination at each site, for determining the risk to public
9health, safety and welfare and to the environment posed by discharges for which the
10department of commerce receives notification under sub. (3) (a) 3.
AB926,212,2011 (b) If the department of commerce and the department of natural resources
12environmental quality are unable to reach an agreement under par. (a), they shall
13refer the matters on which they are unable to agree to the secretary of administration
14for resolution. The secretary of administration shall resolve any matters on which
15the departments disagree in a manner that is consistent with par. (a). The
16department of commerce and the department of natural resources environmental
17quality
, jointly, shall promulgate rules incorporating any agreement between the
18department of commerce and the department of natural resources environmental
19quality
under par. (a) and any resolution of disagreements between the departments
20by the secretary of administration under this paragraph.
AB926,212,2521 (c) The department of natural resources environmental quality or, if the
22discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply
23the method in the rules promulgated under par. (b) to determine the risk posed by
24a discharge for which the department of commerce receives notification under sub.
25(3) (a) 3.
AB926, s. 880
1Section 880. 101.143 (2m) of the statutes is amended to read:
AB926,213,72 101.143 (2m) Interdepartmental coordination. Whenever the department of
3commerce receives a notification under sub. (3) (a) 3. or the department of natural
4resources
environmental quality receives a notification of a petroleum product
5discharge under s. 292.11, the department receiving the notification shall contact the
6other department and shall schedule a meeting of the owner or operator or person
7owning a home oil tank system and representatives of both departments.
AB926, s. 881 8Section 881. 101.143 (3) (a) 5. of the statutes is amended to read:
AB926,213,129 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in
10a timely manner to the division of emergency management in the department of
11military affairs or to the department of natural resources environmental quality,
12according to the requirements under s. 292.11.
AB926, s. 882 13Section 882. 101.143 (3) (a) 9. of the statutes is amended to read:
AB926,213,1914 101.143 (3) (a) 9. The owner or operator or the person follows standards for
15groundwater restoration in the groundwater standards in the rules promulgated by
16the department of natural resources environmental quality under ss. 160.07 and
17160.09 and restores the environment, to the extent practicable, according to those
18standards at the site of the discharge from a petroleum product storage system or
19home oil tank system.
AB926, s. 883 20Section 883. 101.143 (3) (c) 4. of the statutes is amended to read:
AB926,213,2421 101.143 (3) (c) 4. Receive written approval from the department of natural
22resources
environmental quality or, if the discharge is covered under s. 101.144 (2)
23(b), from the department of commerce that the remedial action activities performed
24under subd. 3. meet the requirements of s. 292.11.
AB926, s. 884 25Section 884. 101.143 (3) (cm) of the statutes is amended to read:
AB926,214,6
1101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
2owning a home oil tank system may, with the approval of the department of natural
3resources
environmental quality or, if the discharge is covered under s. 101.144 (2)
4(b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by
5proposing and implementing monitoring to ensure the effectiveness of natural
6attenuation of petroleum product contamination.
AB926, s. 885 7Section 885. 101.143 (3) (cp) 1. of the statutes is amended to read:
AB926,214,138 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
9natural resources environmental quality or, if the site is covered under s. 101.144 (2)
10(b), the department of commerce estimates that the cost to complete a site
11investigation, remedial action plan and remedial action for an occurrence exceeds
12$60,000, the department of commerce shall implement a competitive public bidding
13process to obtain information to assist in making the determination under par. (cs).
AB926, s. 886 14Section 886. 101.143 (3) (cp) 2. of the statutes is amended to read:
AB926,214,1915 101.143 (3) (cp) 2. The department of commerce or the department of natural
16resources
environmental quality may waive the requirement under subd. 1. if an
17enforcement standard is exceeded in groundwater within 1,000 feet of a well
18operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
19well used to provide water for human consumption.
AB926, s. 887 20Section 887. 101.143 (3) (cp) 5. of the statutes is amended to read:
AB926,214,2321 101.143 (3) (cp) 5. The department of commerce or the department of natural
22resources
environmental quality may waive the requirement under subd. 1. after
23providing notice to the other department.
AB926, s. 888 24Section 888. 101.143 (3) (cs) 2. of the statutes is amended to read:
AB926,215,8
1101.143 (3) (cs) 2. The department of natural resources environmental quality
2and the department of commerce shall review the remedial action plan for a site that
3is classified as high risk under s. 101.144 and shall jointly determine the least costly
4method of complying with par. (c) 3. and with enforcement standards. The
5departments shall notify the owner or operator of their determination of the least
6costly method and shall notify the owner or operator that reimbursement for
7remedial action under this section is limited to the amount necessary to implement
8that method.
AB926, s. 889 9Section 889. 101.143 (3) (cs) 3. of the statutes is amended to read:
AB926,215,1310 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the
11department of natural resources environmental quality and the department of
12commerce shall determine whether natural attenuation will achieve compliance
13with par. (c) 3. and with enforcement standards.
AB926, s. 890 14Section 890. 101.143 (3) (cs) 4. of the statutes is amended to read:
AB926,215,2115 101.143 (3) (cs) 4. The department of commerce may review and modify an
16amount established under subd. 1. if the department determines that new
17circumstances, including newly discovered contamination at a site, warrant those
18actions. The department of commerce and the department of natural resources
19environmental quality may review and modify an amount established under subd.
202. if the departments determine that new circumstances, including newly discovered
21contamination at a site, warrant those actions.
AB926, s. 891 22Section 891. 101.143 (3) (cw) 2. of the statutes is amended to read:
AB926,216,623 101.143 (3) (cw) 2. The department of natural resources environmental quality
24and the department of commerce shall conduct the annual review required under
25sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 and shall jointly

1determine the least costly method of completing remedial action at the site in order
2to comply with par. (c) 3. and with enforcement standards. The departments shall
3notify the owner or operator of their determination of the least costly method and
4shall notify the owner or operator that reimbursement under this section for
5remedial action conducted after the date of the notice is limited to the amount
6necessary to implement that method.
AB926, s. 892 7Section 892. 101.143 (3) (cw) 3. of the statutes is amended to read:
AB926,216,118 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the
9department of natural resources environmental quality and the department of
10commerce shall determine whether natural attenuation will achieve compliance
11with par. (c) 3. and with enforcement standards.
AB926, s. 893 12Section 893. 101.143 (3) (cw) 4. of the statutes is amended to read:
AB926,216,1913 101.143 (3) (cw) 4. The department of commerce may review and modify an
14amount established under subd. 1. if the department determines that new
15circumstances, including newly discovered contamination at a site, warrant those
16actions. The department of commerce and the department of natural resources
17environmental quality may review and modify an amount established under subd.
182. if the departments determine that new circumstances, including newly discovered
19contamination at a site, warrant those actions.
AB926, s. 894 20Section 894. 101.143 (3) (d) of the statutes is amended to read:
AB926,216,2521 101.143 (3) (d) Final review of remedial action activities. The department of
22natural resources environmental quality or, if the discharge is covered under s.
23101.144 (2) (b), the department of commerce shall complete a final review of the
24remedial action activities within 60 days after the claimant notifies the appropriate
25department that the remedial action activities are completed.
AB926, s. 895
1Section 895. 101.143 (3) (e) of the statutes is amended to read:
AB926,217,42 101.143 (3) (e) Notifications. The department of natural resources
3environmental quality shall notify the department when it gives a claimant written
4approval under par. (c) 4.
AB926, s. 896 5Section 896. 101.143 (3) (f) 5. of the statutes is amended to read:
AB926,217,76 101.143 (3) (f) 5. The written approval of the department of natural resources
7environmental quality or the department of commerce under par. (c) 4.
AB926, s. 897 8Section 897. 101.143 (3) (g) of the statutes is amended to read:
AB926,217,189 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
10and 2., an owner or operator or the person may submit a claim for an award under
11sub. (4) after notifying the department under par. (a) 3., without completing an
12investigation under par. (c) 1. and without preparing a remedial action plan under
13par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and
14the remedial action plan under par. (c) 2. inappropriate and, before conducting
15remedial action, the owner or operator or person notified the department of
16commerce and the department of natural resources environmental quality of the
17emergency and the department of commerce and the department of natural
18resources
environmental quality authorized emergency action.
AB926, s. 898 19Section 898. 101.143 (4) (ei) 2m. of the statutes is amended to read:
AB926,217,2420 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter
21or notice from the department of commerce or department of natural resources
22environmental quality indicating that the owner or operator must conduct a site
23investigation or remedial action because of a discharge from the farm tank or an
24order to conduct such an investigation or remedial action.
AB926, s. 899 25Section 899. 101.143 (4) (es) 1. of the statutes is amended to read:
AB926,218,7
1101.143 (4) (es) 1. The department shall issue an award for a claim filed after
2August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
3by an owner or operator or a person owning a home oil tank system in investigating
4the existence of a discharge or investigating the presence of petroleum products in
5soil or groundwater if the investigation is undertaken at the written direction of the
6department of commerce or the department of natural resources environmental
7quality
and no discharge or contamination is found.
AB926, s. 900 8Section 900. 101.143 (11) (intro.) of the statutes is amended to read:
AB926,218,149 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the
10department of commerce and the department of natural resources environmental
11quality
shall submit to the governor, to the joint legislative audit committee, to the
12joint committee on finance and to the appropriate standing committees of the
13legislature, under s. 13.172 (3), a report on the program under this section. The
14departments shall include all of the following information in the report:
AB926, s. 901 15Section 901. 101.144 (2) (a) of the statutes is amended to read:
AB926,218,2416 101.144 (2) (a) The department shall administer a program under which
17responsible persons investigate, and take remedial action in response to, those
18discharges of petroleum products from petroleum storage tanks that are covered
19under par. (b). The department may issue an order requiring a responsible person
20to take remedial action in response to a discharge of a petroleum product from a
21petroleum storage tank if the discharge is covered under par. (b). In administering
22this section, the department shall follow rules promulgated by the department of
23natural resources environmental quality for the cleanup of discharges of hazardous
24substances.
AB926, s. 902 25Section 902. 101.144 (3) (intro.) of the statutes is amended to read:
AB926,219,4
1101.144 (3) (intro.) The department of natural resources environmental
2quality
may take action under s. 292.11 (7) (a) or may issue an order under s. 292.11
3(7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more
4of the following apply:
AB926, s. 903 5Section 903. 101.144 (3) (b) of the statutes is amended to read:
AB926,219,76 101.144 (3) (b) The department of commerce requests the department of
7natural resources environmental quality to take the action or issue the order.
AB926, s. 904 8Section 904. 101.144 (3) (c) of the statutes is amended to read:
AB926,219,109 101.144 (3) (c) The secretary of natural resources environmental quality
10approves the action or order in advance after notice to the secretary of commerce.
AB926, s. 905 11Section 905. 101.144 (3) (d) of the statutes is amended to read:
AB926,219,1412 101.144 (3) (d) The department of natural resources environmental quality
13takes action under s. 292.11 (7) (a) after the responsible person fails to comply with
14an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.
AB926, s. 906 15Section 906. 101.144 (3) (e) of the statutes is amended to read:
AB926,219,1816 101.144 (3) (e) The department of natural resources environmental quality
17takes the action under s. 292.11 (7) (a) because the identity of the responsible person
18is unknown.
AB926, s. 907 19Section 907. 101.144 (3g) (a) of the statutes is amended to read:
AB926,220,1220 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified
21under this section, excluding sites that are contaminated by a hazardous substance
22other than a petroleum product or an additive to a petroleum product, are classified
23as high-risk sites, the department of commerce and the department of natural
24resources
environmental quality shall attempt to reach an agreement that specifies
25standards for determining whether the site of a discharge of a petroleum product

1from a petroleum storage tank is classified as high risk. The standards shall be
2designed to classify no more than 35% of those sites as high-risk sites and may not
3classify all sites at which an enforcement standard is exceeded as high-risk sites.
4If the department of commerce and the department of natural resources
5environmental quality are unable to reach an agreement, they shall refer the
6matters on which they are unable to agree to the secretary of administration for
7resolution. The secretary of administration shall resolve any matters on which the
8departments disagree in a manner that is consistent with this paragraph. The
9department of commerce shall promulgate rules incorporating any agreement
10between the department of commerce and the department of natural resources
11environmental quality under this paragraph and any resolution of disagreements
12between the departments by the secretary of administration under this paragraph.
AB926, s. 908 13Section 908. 101.144 (3m) (a) (intro.) of the statutes is amended to read:
AB926,220,1614 101.144 (3m) (a) (intro.) The department of commerce and the department of
15natural resources environmental quality shall enter into a memorandum of
16understanding that does all of the following:
AB926, s. 909 17Section 909. 101.144 (3m) (b) of the statutes is amended to read:
AB926,220,2218 101.144 (3m) (b) The department of commerce and the department of natural
19resources
environmental quality shall submit a memorandum of understanding
20under this subsection to the secretary of administration for review. A memorandum
21of understanding under this subsection does not take effect until it is approved by
22the secretary of administration.
AB926, s. 910 23Section 910. 101.653 (6m) of the statutes is amended to read:
AB926,221,524 101.653 (6m) Review. The department and the department of natural
25resources
environmental quality shall enter into a memorandum of agreement that

1establishes a process for reviewing the standards established under sub. (2),
2periodically updating those standards and reviewing the training program. The
3memorandum of understanding shall ensure that local officials and other persons
4interested in the standards established under sub. (2) and the training program may
5participate in the process.
AB926, s. 911 6Section 911. 107.15 (2) (b) of the statutes is amended to read:
AB926,221,117 107.15 (2) (b) "Licensee" means any person licensed to conduct exploration
8activities by the department of natural resources environmental quality under s.
9293.21. If the person is a corporation or limited liability company, "licensee" includes
10the parent and any subsidiary or affiliates of the corporation or limited liability
11company engaged in mining or activities related to mining in this state.
AB926, s. 912 12Section 912. 107.15 (6) (c) 2. of the statutes is amended to read:
AB926,221,2213 107.15 (6) (c) 2. By the secretary of the department of natural resources
14environmental quality for purposes of specific environmental analysis and permit
15application evaluation and by the secretary of the department of revenue provided
16that the confidential information shall not be released by either the department of
17revenue or the department of natural resources environmental quality, that the
18departments of revenue and natural resources environmental quality shall establish
19procedures to keep any confidential information confidential, and that the
20responsible person or persons in each department shall be subject to the penalty
21specified under this paragraph for the unauthorized release of confidential
22information.
AB926, s. 913 23Section 913. 110.20 (4) of the statutes is amended to read:
AB926,222,224 110.20 (4) Departmental cooperation. The department shall consult and
25cooperate with the department of natural resources environmental quality in order

1to efficiently and fairly establish and administer the program established under this
2section.
AB926, s. 914 3Section 914. 110.20 (8) (am) 5. of the statutes is amended to read:
AB926,222,74 110.20 (8) (am) 5. No inspection station may be established within 0.5 mile of
5an air monitoring station which reported a violation during the period from 1976 to
61979 of the carbon monoxide primary national ambient air quality standard as
7defined by the department of natural resources environmental quality.
AB926, s. 915 8Section 915. 110.20 (8) (d) of the statutes is amended to read:
AB926,222,129 110.20 (8) (d) No inspection station may be established within 0.5 mile of an
10air monitoring station which reported a violation during the period from 1976 to 1979
11of the carbon monoxide primary national ambient air quality standard as defined by
12the department of natural resources environmental quality.
AB926, s. 916 13Section 916. 110.20 (13) (b) of the statutes is amended to read:
AB926,222,1614 110.20 (13) (b) The department of natural resources environmental quality
15shall, by rule, establish the amount of the repair cost limit to equal the amount
16required under 42 USC 7511a (b) 4. or (c) (3) (C).
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