SB226,53,1211
1. A hazardous chemical which, if used by or present at a facility, makes the
12facility subject to the requirements of sub. (5)
(a) 3.; or (c).
SB226,53,1413
2. A toxic chemical which, if used by or present at a facility, makes the facility
14subject to the requirements of sub. (5)
(a) 4. (d).
SB226, s. 171
15Section
171. 166.20 (1) (k) of the statutes is renumbered 323.60 (1) (k).
SB226, s. 172
16Section
172. 166.20 (2) (intro.) of the statutes is renumbered 323.60 (2) (intro.)
17and amended to read:
SB226,53,1918
323.60
(2) Duties of the division. (intro.) The division shall
do all of the
19following:
SB226, s. 173
20Section
173. 166.20 (2) (a) of the statutes is renumbered 323.60 (2) (a) and
21amended to read:
SB226,53,2322
323.60
(2) (a)
Carry out all requirements of a Serve as the state emergency
23response commission under the federal act.
SB226, s. 174
24Section
174. 166.20 (2) (b) of the statutes is renumbered 323.60 (2) (b).
SB226, s. 175
1Section
175. 166.20 (2) (bg) of the statutes is renumbered 323.60 (2) (bg) and
2amended to read:
SB226,54,53
323.60
(2) (bg) Promulgate rules establishing an amount not to exceed $6,000
4that may be an eligible cost for computers in an emergency planning grant under s.
5166.21 323.61 (2) (br).
SB226, s. 176
6Section
176. 166.20 (2) (bm) of the statutes is renumbered 323.70 (7) (a) and
7amended to read:
SB226,54,98
323.70
(7) (a)
Promulgate The division shall promulgate rules establishing
9standards to determine all of the following:
SB226,54,1310
1. If a regional or local emergency response team has made a good faith effort
11to identify a person responsible for the emergency involving a release or potential
12release of a hazardous substance under
s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 13(4).
SB226,54,1814
2. If a person responsible for the emergency involving a release or potential
15release of a hazardous substance under
s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 16(4) is financially able or has the money or resources necessary to reimburse a regional
17or local emergency response team for the expenses incurred by the regional or local
18emergency response team in responding to the emergency.
SB226, s. 177
19Section
177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and
20amended to read:
SB226,54,2421
323.70
(7) (b)
Promulgate The division shall promulgate rules that establish
22the procedures that a regional emergency response team shall follow to determine
23if an emergency that requires the team's response exists as the result of a level A
24release or a potential level A release.
SB226, s. 178
1Section
178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and
2amended to read:
SB226,55,63
323.70
(7) (c)
Promulgate The division shall promulgate rules that establish
4the procedures that a local emergency response team shall follow to determine if an
5emergency that requires the team's response exists as the result of a release or
6potential release of a hazardous substance, as defined in s. 299.01 (6).
SB226, s. 179
7Section
179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).
SB226, s. 180
8Section
180. 166.20 (2) (d) of the statutes is renumbered 323.60 (2) (d) and
9amended to read:
SB226,55,1010
323.60
(2) (d) Administer the grant program under s.
166.21 323.61.
SB226, s. 181
11Section
181. 166.20 (2) (e) of the statutes is renumbered 323.60 (2) (e).
SB226, s. 182
12Section
182. 166.20 (2) (f) of the statutes is renumbered 323.60 (2) (f).
SB226, s. 183
13Section
183. 166.20 (3) (intro.) of the statutes is renumbered 323.60 (3) (intro.)
14and amended to read:
SB226,55,1615
323.60
(3) Duties of committees. (intro.) A committee shall
do all of the
16following:
SB226, s. 184
17Section
184. 166.20 (3) (a) of the statutes is renumbered 323.60 (3) (a).
SB226, s. 185
18Section
185. 166.20 (3) (b) of the statutes is renumbered 323.60 (3) (b) and
19amended to read:
SB226,55,2320
323.60
(3) (b) Upon receipt by the committee or the committee's designated
21community emergency coordinator of a notification under sub. (5)
(a) 2. (b) of the
22release of a hazardous substance, take all actions necessary to ensure the
23implementation of the local emergency response plan.
SB226, s. 186
24Section
186. 166.20 (3) (c) of the statutes is renumbered 323.60 (3) (c) and
25amended to read:
SB226,56,5
1323.60
(3) (c) Consult and coordinate with the county board, the county and
2local heads of emergency management
services designated under s.
166.03 (4) (a) or
3(b) 323.14 (1) (a) 2. or (b) 2. and the county emergency management committee
4designated under s.
166.03 (4) (c) 323.14 (1) (a) 3. in the execution of the local
5emergency planning committee's duties under this section.
SB226, s. 187
6Section
187. 166.20 (4) of the statutes is renumbered 323.60 (4), and 323.60
7(4) (a) and (c), as renumbered, are amended to read:
SB226,56,108
323.60
(4) (a) Upon receipt of a notification under sub. (5)
(a) 2. (b) or s. 292.11
9(2) of the release of a hazardous substance, provide all information contained in the
10notification to the division.
SB226,56,1311
(c) Use the information contained in toxic chemical release forms submitted
12under sub. (5)
(a) 4. (d) in the planning and implementation of programs related to
13the regulation, monitoring, abatement and mitigation of environmental pollution.
SB226, s. 188
14Section
188. 166.20 (4m) of the statutes is renumbered 323.60 (4m) and
15amended to read:
SB226,56,1916
323.60
(4m) Cooperation. A state agency
, federally recognized American
17Indian tribe or band, or local governmental unit may assist the division or a
18committee in the performance of its duties
under this section and may enter into an
19agreement with the division or a committee.
SB226, s. 189
20Section
189. 166.20 (5) (title) of the statutes is renumbered 323.60 (5) (title).
SB226, s. 190
21Section
190. 166.20 (5) (a) 1., 2. and 3. of the statutes are renumbered 323.60
22(5) (a), (b) and (c).
SB226, s. 191
23Section
191. 166.20 (5) (a) 4., 5. and 6. of the statutes are renumbered 323.60
24(5) (d), (e) and (f), and 323.60 (5) (d) 3., (e) and (f), as renumbered, are amended to
25read:
SB226,57,9
1323.60
(5) (d) 3. All facilities with 10 or more employees in major group
2classifications 10 to 13 in the standard industrial classification manual, 1987
3edition, published by the U.S. office of management and budget, at which a toxic
4chemical is used at or above an applicable threshold quantity, except that compliance
5with the toxic chemical release form requirements under this
subd. 4. c. subdivision 6is not required for the placement of a toxic chemical in a storage or disposal site or
7facility that is located at a facility with a permit under ch. 293 if the toxic chemical
8consists of or is contained in merchantable by-products as defined in s. 293.01 (7),
9minerals as defined in s. 293.01 (8) or refuse as defined in s. 293.01 (25).
SB226,57,1510(e) The reporting procedures for trade secrets under
42 USC 11042 shall apply
11to all facilities in this state subject to the requirements under
subd. 1., 3. or 4. par.
12(a), (c), or (d). For the purposes of applying this
subdivision paragraph to public
13agencies and private agencies, the division shall have the powers and duties granted
14to the administrator of the U.S. environmental protection agency under
42 USC
1511042.
SB226,57,1816
(f) All facilities in this state subject to the requirements under
subd. 3. or 4. par.
17(c) or (d) shall comply with the procedures for providing information under
42 USC
1811043.
SB226, s. 192
19Section
192. 166.20 (5) (b) of the statutes is repealed.
SB226, s. 193
20Section
193. 166.20 (5m) and (6) of the statutes are renumbered 323.60 (5m)
21and (6).
SB226, s. 194
22Section
194. 166.20 (7) (title) of the statutes is renumbered 323.60 (7) (title).
SB226, s. 195
23Section
195. 166.20 (7) (a) (intro.) of the statutes is renumbered 323.60 (7) (a)
24(intro.) and amended to read:
SB226,58,3
1323.60
(7) (a) (intro.) The division shall establish, by rule, the following fees at
2levels designed to fund the division's administrative expenses and the grants under
3s.
166.21 323.61:
SB226, s. 196
4Section
196. 166.20 (7) (a) 1. of the statutes is renumbered 323.60 (7) (a) 1. and
5amended to read:
SB226,58,76
323.60
(7) (a) 1. An emergency planning notification fee to be paid when a
7facility makes the emergency planning notification required under sub. (5) (a)
1.
SB226, s. 197
8Section
197. 166.20 (7) (a) 2. of the statutes is renumbered 323.60 (7) (a) 2. and
9amended to read:
SB226,58,1210
323.60
(7) (a) 2. An inventory form fee to be paid annually when a facility
11submits the emergency and hazardous chemical inventory forms required under sub.
12(5)
(a) 3. (c).
SB226, s. 198
13Section
198. 166.20 (7) (b), (d), (dm) and (e) of the statutes are renumbered
14323.60 (7) (b), (d), (dm) and (e), and 323.60 (7) (b) and (dm), as renumbered, are
15amended to read:
SB226,58,2016
323.60
(7) (b) The operator of a facility subject to the requirements of sub. (5)
17(a) 1. or 3. (a) or (c) shall pay the fees under par. (a). The division may establish, by
18rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the
19fees under par. (a) in a timely manner. The surcharge under this paragraph shall not
20exceed 20% of the original fee.
SB226,58,2421
(dm) The operator of a
petroleum marketing facility
at which petroleum
22products are received by tank truck, tank trailer, or railroad tank car and stored for
23resale is exempt from the fees under par. (a) 2. with respect to gasoline and diesel fuel
24present at
the petroleum marketing that facility.
SB226, s. 199
1Section
199. 166.20 (7m) and (8) of the statutes are renumbered 323.60 (7m)
2and (8), and 323.60 (8) (a), as renumbered, is amended to read:
SB226,59,133
323.60
(8) (a) The department of justice, at its own discretion or at the request
4of the division or the committee or district attorney for the county in which the
5violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
6promulgated under subs. (2) to (7). In any action commenced under this paragraph,
7the department of justice may request the assistance of the district attorney for the
8county in which the violation is alleged to have occurred and the district attorney
9shall provide the requested assistance
, except that, for a violation that is alleged to
10have occurred within the boundaries of a federally recognized Indian reservation or
11on land that is held in trust by the federal government for the benefit of an American
12Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and
13rules promulgated under subs. (2) to (7).
SB226, s. 200
14Section
200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).
SB226, s. 201
15Section
201. 166.20 (9) (a) of the statutes is renumbered 323.60 (9) (a), and
16323.60 (9) (a) 1. a., b. and c., 2. (intro.), a., b. and c. and 3., as renumbered, are
17amended to read:
SB226,59,1918
323.60
(9) (a) 1. a. Any person for failure to submit a follow-up emergency
19notice under
42 USC 11004 (c), as applied under sub. (5)
(a) 2. (b).
SB226,59,2020
b. Any person for violation of sub. (5)
(a) 3. or 4.
(c) or (d).
SB226,59,2321
c. The division for failure to render a decision in response to a petition under
2242 USC 11042 (d), as applied under sub. (5)
(a) 5.
(e), within 9 months after receipt
23of the petition.
SB226,60,3
12. (intro.) The division or any
county, city, village or town local unit of
2government may commence a civil action against any person for failure to do any of
3the following:
SB226,60,54a. Provide notification to the division under
42 USC 11002 (c), as applied under
5sub. (5) (a)
1.
SB226,60,76b. Submit the information required under
42 USC 11021 (a) or
11022 (a), as
7applied by sub. (5)
(a) 3. (c).
SB226,60,98c. Make available information requested under
42 USC 11021 (c), as applied
9under sub. (5)
(a) 3. (c).
SB226,60,1310
3. The division or any committee may commence an action against any person
11for failure to provide the information required under
42 USC 11003 (d), as applied
12under sub. (5) (a)
1. or any information required under
42 USC 11022 (e) (1), as
13applied under sub. (5)
(a) 3. (c).
SB226, s. 202
14Section
202. 166.20 (9) (b) of the statutes is renumbered 323.60 (9) (b).
SB226, s. 203
15Section
203. 166.20 (9) (c) 1. of the statutes is renumbered 323.60 (9) (c).
SB226, s. 204
16Section
204. 166.20 (9) (e) of the statutes is repealed.
SB226, s. 205
17Section
205. 166.20 (10) of the statutes is renumbered 323.60 (10).
SB226, s. 206
18Section
206. 166.20 (11) of the statutes is renumbered 323.60 (11), and 323.60
19(11) (a), (b) (intro.), (c) and (d), as renumbered, are amended to read:
SB226,61,220
323.60
(11) (a) Any person who violates sub. (5) (a)
1., 2. or 4., (b), or (d), or the
21emergency and hazardous chemical inventory form requirements of
42 USC 11022,
22as applied under sub. (5)
(a) 3. (c), or any rule promulgated under sub. (5) (a)
1., 2.
23or 4., (b), or (d), or concerning emergency and hazardous chemical inventory form
24requirements shall forfeit not less than $100 nor more than $25,000. Total
25forfeitures for the failure of a facility to report multiple releases of hazardous
1substances covered under
42 USC 11004, as applied under sub. (5)
(a), shall not
2exceed $75,000 per day of offense.
SB226,61,63
(b) (intro.) Any person who knowingly and willfully fails to report the release
4of a hazardous substance covered under
42 USC 11004 as required under sub. (5)
(a)
52. (b) or any rule promulgated under sub. (5)
(a) 2. (b) is subject to the following
6penalties:
SB226,61,107
(c) Any person who violates sub. (5)
(a) 5. or 6.
(e) or (f) or the material safety
8data sheet requirements of
42 USC 11021, as applied under sub. (5)
(a) 3. (c), or any
9rule promulgated under sub. (5)
(a) 5. or 6. (e) or (f) or concerning material safety data
10sheet requirements shall forfeit not less than $50 nor more than $10,000.
SB226,61,1411
(d) Any person who knowingly and willfully releases a trade secret entitled to
12protection under
42 USC 11042, as applied under sub. (5)
(a) 5. (e), shall be fined not
13less than $100 nor more than $20,000 or imprisoned for not more than one year in
14the county jail or both.
SB226, s. 207
15Section
207. 166.21 (title) of the statutes is renumbered 323.61 (title).
SB226, s. 208
16Section
208. 166.21 (1) (title) of the statutes is renumbered 323.61 (1) (title).
SB226, s. 209
17Section
209. 166.21 (1) (a) of the statutes is renumbered 323.61 (1) (a) and
18amended to read:
SB226,61,2119
323.61
(1) (a) There is created an emergency planning grant program for the
20purpose of assisting committees to comply with the requirements of s.
166.20 323.60 21and the federal act.
SB226, s. 210
22Section
210. 166.21 (1) (b) and (2) of the statutes are renumbered 323.61 (1)
23(b) and (2), and 323.61 (2) (d), as renumbered, is amended to read:
SB226,61,2524
323.61
(2) (d) Any other activity of the committee required under s.
166.20 25323.60 or the federal act.
SB226, s. 211
1Section
211. 166.21 (2m) (intro.) and (a) to (e) of the statutes are renumbered
2323.61 (2m) (intro.) and (a) to (e).
SB226, s. 212
3Section
212. 166.21 (2m) (f) of the statutes is renumbered 323.61 (2m) (f) and
4amended to read:
SB226,62,75
323.61
(2m) (f) Procedures for local emergency response team actions that are
6consistent with local emergency response plans developed under s.
166.20 323.60 (3)
7and the state contingency plan established under s. 292.11 (5).
SB226, s. 213
8Section
213. 166.21 (3), (4) and (5) of the statutes are renumbered 323.61 (3),
9(4) and (5), and 323.61 (3) (c), as renumbered, is amended to read:
SB226,62,1410
323.61
(3) (c) Notwithstanding sub. (2), the division shall deny that portion of
11a grant calculated under par. (a) 2. if the division determines that the committee has
12failed to meet grant obligations, including the development, review, exercise or
13implementation of local emergency response plans as required under s.
166.20 14323.60 or the federal act.
SB226, s. 214
15Section
214. 166.215 (title) of the statutes is renumbered 323.70 (title).
SB226, s. 215
16Section
215. 166.215 (1) of the statutes is renumbered 323.70 (2) and amended
17to read:
SB226,63,618
323.70
(2) Beginning July 1, 2001, the The division shall contract with no more
19than 9 regional emergency response teams, one of which shall be located in La Crosse
20County. Each regional emergency response team shall assist in the emergency
21response to level A releases in a region of this state designated by the division. The
22division shall contract with at least one regional emergency response team in each
23area designated under s.
166.03 (2) (b) 1. 323.13 (2) (a). The division may only
24contract with a local agency
, as defined in s. 166.22 (1) (c), under this subsection. A
25member of a regional emergency response team shall meet the highest standards for
1a hazardous materials responder in
29 CFR 1910.120 (q) (6) (iv) and National Fire
2Protection Association standards NFPA 471 and 472. Regional emergency response
3teams shall have at least one member that is trained in each of the appropriate
4specialty areas under National Fire Protection Association standard NFPA 472.
5Payments to regional emergency response teams under this subsection shall be made
6from the appropriation account under s. 20.465 (3) (dd).
SB226, s. 216
7Section
216. 166.215 (2) of the statutes is renumbered 323.70 (3) and amended
8to read: