AB926: Bill Text

AB926, s. 885 Section 885. 101.143 (3) (cp) 1. of the statutes is amended to read:

AB926,214,13 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of natural resources environmental quality or, if the site is covered under s. 101.144 (2) (b), the department of commerce estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB926, s. 886 Section 886. 101.143 (3) (cp) 2. of the statutes is amended to read:

AB926,214,19 101.143 (3) (cp) 2. The department of commerce or the department of natural resources environmental quality may waive the requirement under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

AB926, s. 887 Section 887. 101.143 (3) (cp) 5. of the statutes is amended to read:

AB926,214,23 101.143 (3) (cp) 5. The department of commerce or the department of natural resources environmental quality may waive the requirement under subd. 1. after providing notice to the other department.

AB926, s. 888 Section 888. 101.143 (3) (cs) 2. of the statutes is amended to read:

AB926,215,8 101.143 (3) (cs) 2. The department of natural resources environmental quality and the department of commerce shall review the remedial action plan for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

AB926, s. 889 Section 889. 101.143 (3) (cs) 3. of the statutes is amended to read:

AB926,215,13 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the department of natural resources environmental quality and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB926, s. 890 Section 890. 101.143 (3) (cs) 4. of the statutes is amended to read:

AB926,215,21 101.143 (3) (cs) 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce and the department of natural resources environmental quality may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB926, s. 891 Section 891. 101.143 (3) (cw) 2. of the statutes is amended to read:

AB926,216,6 101.143 (3) (cw) 2. The department of natural resources environmental quality and the department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement under this section for remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB926, s. 892 Section 892. 101.143 (3) (cw) 3. of the statutes is amended to read:

AB926,216,11 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the department of natural resources environmental quality and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB926, s. 893 Section 893. 101.143 (3) (cw) 4. of the statutes is amended to read:

AB926,216,19 101.143 (3) (cw) 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce and the department of natural resources environmental quality may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB926, s. 894 Section 894. 101.143 (3) (d) of the statutes is amended to read:

AB926,216,25 101.143 (3) (d) Final review of remedial action activities. The department of natural resources environmental quality or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

AB926, s. 895 Section 895. 101.143 (3) (e) of the statutes is amended to read:

AB926,217,4 101.143 (3) (e) Notifications. The department of natural resources environmental quality shall notify the department when it gives a claimant written approval under par. (c) 4.

AB926, s. 896 Section 896. 101.143 (3) (f) 5. of the statutes is amended to read:

AB926,217,7 101.143 (3) (f) 5. The written approval of the department of natural resources environmental quality or the department of commerce under par. (c) 4.

AB926, s. 897 Section 897. 101.143 (3) (g) of the statutes is amended to read:

AB926,217,18 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of commerce and the department of natural resources environmental quality of the emergency and the department of commerce and the department of natural resources environmental quality authorized emergency action.

AB926, s. 898 Section 898. 101.143 (4) (ei) 2m. of the statutes is amended to read:

AB926,217,24 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce or department of natural resources environmental quality indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB926, s. 899 Section 899. 101.143 (4) (es) 1. of the statutes is amended to read:

AB926,218,7 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce or the department of natural resources environmental quality and no discharge or contamination is found.

AB926, s. 900 Section 900. 101.143 (11) (intro.) of the statutes is amended to read:

AB926,218,14 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the department of commerce and the department of natural resources environmental quality shall submit to the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

AB926, s. 901 Section 901. 101.144 (2) (a) of the statutes is amended to read:

AB926,218,24 101.144 (2) (a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources environmental quality for the cleanup of discharges of hazardous substances.

AB926, s. 902 Section 902. 101.144 (3) (intro.) of the statutes is amended to read:

AB926,219,4 101.144 (3) (intro.) The department of natural resources environmental quality may take action under s. 292.11 (7) (a) or may issue an order under s. 292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

AB926, s. 903 Section 903. 101.144 (3) (b) of the statutes is amended to read:

AB926,219,7 101.144 (3) (b) The department of commerce requests the department of natural resources environmental quality to take the action or issue the order.

AB926, s. 904 Section 904. 101.144 (3) (c) of the statutes is amended to read:

AB926,219,10 101.144 (3) (c) The secretary of natural resources environmental quality approves the action or order in advance after notice to the secretary of commerce.

AB926, s. 905 Section 905. 101.144 (3) (d) of the statutes is amended to read:

AB926,219,14 101.144 (3) (d) The department of natural resources environmental quality takes action under s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.

AB926, s. 906 Section 906. 101.144 (3) (e) of the statutes is amended to read:

AB926,219,18 101.144 (3) (e) The department of natural resources environmental quality takes the action under s. 292.11 (7) (a) because the identity of the responsible person is unknown.

AB926, s. 907 Section 907. 101.144 (3g) (a) of the statutes is amended to read:

AB926,220,12 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources environmental quality shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources environmental quality are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental quality under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB926, s. 908 Section 908. 101.144 (3m) (a) (intro.) of the statutes is amended to read:

AB926,220,16 101.144 (3m) (a) (intro.) The department of commerce and the department of natural resources environmental quality shall enter into a memorandum of understanding that does all of the following:

AB926, s. 909 Section 909. 101.144 (3m) (b) of the statutes is amended to read:

AB926,220,22 101.144 (3m) (b) The department of commerce and the department of natural resources environmental quality shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB926, s. 910 Section 910. 101.653 (6m) of the statutes is amended to read:

AB926,221,5 101.653 (6m) Review. The department and the department of natural resources environmental quality shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under sub. (2) and the training program may participate in the process.

AB926, s. 911 Section 911. 107.15 (2) (b) of the statutes is amended to read:

AB926,221,11 107.15 (2) (b) "Licensee" means any person licensed to conduct exploration activities by the department of natural resources environmental quality under s. 293.21. If the person is a corporation or limited liability company, "licensee" includes the parent and any subsidiary or affiliates of the corporation or limited liability company engaged in mining or activities related to mining in this state.

AB926, s. 912 Section 912. 107.15 (6) (c) 2. of the statutes is amended to read:

AB926,221,22 107.15 (6) (c) 2. By the secretary of the department of natural resources environmental quality for purposes of specific environmental analysis and permit application evaluation and by the secretary of the department of revenue provided that the confidential information shall not be released by either the department of revenue or the department of natural resources environmental quality, that the departments of revenue and natural resources environmental quality shall establish procedures to keep any confidential information confidential, and that the responsible person or persons in each department shall be subject to the penalty specified under this paragraph for the unauthorized release of confidential information.

AB926, s. 913 Section 913. 110.20 (4) of the statutes is amended to read:

AB926,222,2 110.20 (4) Departmental cooperation. The department shall consult and cooperate with the department of natural resources environmental quality in order to efficiently and fairly establish and administer the program established under this section.

AB926, s. 914 Section 914. 110.20 (8) (am) 5. of the statutes is amended to read:

AB926,222,7 110.20 (8) (am) 5. No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources environmental quality.

AB926, s. 915 Section 915. 110.20 (8) (d) of the statutes is amended to read:

AB926,222,12 110.20 (8) (d) No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources environmental quality.

AB926, s. 916 Section 916. 110.20 (13) (b) of the statutes is amended to read:

AB926,222,16 110.20 (13) (b) The department of natural resources environmental quality shall, by rule, establish the amount of the repair cost limit to equal the amount required under 42 USC 7511a (b) 4. or (c) (3) (C).

AB926, s. 917 Section 917. 110.215 of the statutes is amended to read:

AB926,222,25 110.215 Motor vehicle emission control equipment grant program. From the appropriation under s. 20.395 (5) (hq), the department shall, in consultation with the department of natural resources environmental quality, develop and administer a program to provide grants for the purchase and installation of oxidation catalyst mufflers on school buses customarily kept in counties identified in s. 110.20 (5). The department shall adopt rules to implement and administer this section, including procedures, standards, and criteria for awarding and distributing the grants.

AB926, s. 918 Section 918. 118.025 of the statutes is amended to read:

AB926,223,6 118.025 Arbor day observance. A school principal may request one free tree provided from state forest nurseries by the department of natural resources agriculture, trade and consumer protection under s. 28.06 for each 4th grade pupil in the school for planting in conjunction with an annual observance and celebration of arbor day.

AB926, s. 919 Section 919. 125.52 (2) of the statutes is amended to read:

AB926,223,13 125.52 (2) Limited manufacturer's permit. The department shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department shall notify the department of natural resources environmental quality of the name and address of any person to whom a limited manufacturer's permit is issued.

AB926, s. 920 Section 920. 134.60 of the statutes is amended to read:

AB926,224,21 134.60 Cutting or transportation of evergreens. No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, state forest ranger, forest patrol officer, conservation warden, or other officer of the department of natural resources agriculture, trade and consumer protection at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined not less than $100 nor more than $500.

AB926, s. 921 Section 921. 138.09 (7) (i) 3. of the statutes is amended to read:

AB926,224,25 138.09 (7) (i) 3. On motor vehicle loans, the actual filing fee required for filing with the department of transportation under ch. 342 or, on boat loans, the filing fee required for filing with the department of natural resources under subch. V of ch. 30.

AB926, s. 922 Section 922. 145.20 (5) (c) of the statutes is amended to read:

AB926,225,8 145.20 (5) (c) The department of natural resources environmental quality may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources environmental quality finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB926, s. 923 Section 923. 146.60 (1) (c) of the statutes is amended to read:

AB926,225,12 146.60 (1) (c) "Departments" means the department of agriculture, trade and consumer protection and the department of natural resources environmental quality.

AB926, s. 924 Section 924. 146.60 (2) (a) of the statutes is amended to read:

AB926,225,16 146.60 (2) (a) The department of natural resources environmental quality shall be the reviewing department for any regulated release subject to 15 USC 2601 to 2629.

AB926, s. 925 Section 925. 146.60 (3) (c) 1. of the statutes is amended to read:

AB926,225,21 146.60 (3) (c) 1. If the department of natural resources environmental quality receives information under this subsection or sub. (4) (c), it shall provide the department of agriculture, trade and consumer protection with a copy of the information.

AB926, s. 926 Section 926. 146.60 (3) (c) 2. of the statutes is amended to read:

AB926,226,2 146.60 (3) (c) 2. If the department of agriculture, trade and consumer protection receives information under this subsection or sub. (4) (c), it shall provide the department of natural resources environmental quality with a copy of the information.

AB926, s. 927 Section 927. 146.60 (5) of the statutes is amended to read:

AB926,226,10 146.60 (5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources environmental quality shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under sub. (3).

AB926, s. 928 Section 928. 160.001 (6) of the statutes is amended to read:

AB926,226,15 160.001 (6) Where necessary to comply with federal statutes or regulations, the department of natural resources environmental quality may adopt rules in regulatory programs administered by it which are more stringent than the enforcement standards and preventive action limits adopted under this chapter.

AB926, s. 929 Section 929. 160.001 (7) of the statutes is amended to read: