AB40,1634
19Section
1634. 101.143 (title) and (1) (intro.) and (ad) of the statutes are
20renumbered 292.63 (title) and (1) (intro.) and (ad).
AB40,1635
21Section
1635. 101.143 (1) (am) of the statutes is repealed.
AB40,1636
22Section
1636. 101.143 (1) (b) of the statutes is repealed.
AB40,1637
23Section
1637. 101.143 (1) (bm) to (i) of the statutes are renumbered 292.63 (1)
24(bm) to (i).
AB40,1638
25Section
1638. 101.143 (1m) of the statutes is renumbered 292.63 (1m).
AB40,1639
1Section
1639. 101.143 (2) (title) and (b) and (c) of the statutes are renumbered
2292.63 (2) (title) and (b) and (c).
AB40,1640
3Section
1640. 101.143 (2) (d) of the statutes is renumbered 292.63 (2) (d) and
4amended to read:
AB40,778,85
292.63
(2) (d) The department shall reserve a portion, not to exceed 20%, of the
6amount annually appropriated under s.
20.165 (2) (v)
20.370 (2) (eu) for awards
7under this section to be used to fund emergency remedial action and claims that
8exceed the amount initially anticipated.
AB40,1641
9Section
1641. 101.143 (2) (e) to (g) of the statutes are renumbered 292.63 (2)
10(e) to (g).
AB40,1642
11Section
1642. 101.143 (2) (h) of the statutes is renumbered 292.63 (2) (h), and
12292.63 (2) (h) (intro.) and 3., as renumbered, are amended to read:
AB40,778,16
13292.63 (2) (h) (intro.) The department
of safety and professional services and
14the department of natural resources, jointly, shall promulgate rules designed to
15facilitate effective and cost-efficient administration of the program under this
16section that specify all of the following:
AB40,778,1917
3. Review procedures that must be followed by employees of the department
18of natural resources and the department of commerce in reviewing the information
19submitted under subd. 1.
AB40,1643
20Section
1643. 101.143 (2) (i) of the statutes is renumbered 292.63 (2) (i), and
21292.63 (2) (i) (intro.) and 1., as renumbered, are amended to read:
AB40,779,222
292.63
(2) (i) (intro.) The department
of safety and professional services and
23the department of natural resources, jointly, shall promulgate rules specifying
24procedures for evaluating remedial action plans and procedures to be used by
25employees of the department
of safety and professional services and the department
1of natural resources while remedial actions are being conducted. The
departments 2department shall specify procedures that include all of the following:
AB40,779,53
1. Annual reviews that include application of the method in the rules
4promulgated under sub. (2e)
(b) (a) to determine the risk posed by discharges that
5are the subject of the remedial actions.
AB40,1644
6Section
1644. 101.143 (2) (j) of the statutes is renumbered 292.63 (2) (j), and
7292.63 (2) (j) (intro.) and 1., as renumbered, are amended to read:
AB40,779,108
292.63
(2) (j) (intro.) The department
of safety and professional services and
9the department of natural resources, jointly, shall promulgate rules specifying all of
10the following:
AB40,779,1211
1. The conditions under which employees of the department
of commerce and
12the department of natural resources must issue approvals under sub. (3) (c) 4.
AB40,1645
13Section
1645. 101.143 (2) (k) of the statutes is repealed.
AB40,1646
14Section
1646. 101.143 (2) (L) of the statutes is renumbered 292.63 (2) (L) and
15amended to read:
AB40,779,2016
292.63
(2) (L) The department may promulgate rules for the assessment and
17collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and
18for providing other assistance requested by applicants under this section. Any
19moneys collected under this paragraph shall be credited to the appropriation account
20under s.
20.165 (2) (Lm) 20.370 (2) (ej).
AB40,1647
21Section
1647. 101.143 (2e) (title) of the statutes is renumbered 292.63 (2e)
22(title).
AB40,1648
23Section
1648. 101.143 (2e) (a) of the statutes is renumbered 292.63 (2e) (a) and
24amended to read:
AB40,780,7
1292.63
(2e) (a) The department
of safety and professional services and the
2department of natural resources shall
attempt to agree on promulgate rules that
3specify a method, which shall include individualized consideration of the routes for
4migration of petroleum product contamination at each site, for determining the risk
5to public health, safety and welfare and to the environment posed by discharges for
6which the department
of safety and professional services receives notification under
7sub. (3) (a) 3.
AB40,1649
8Section
1649. 101.143 (2e) (b) of the statutes is repealed.
AB40,1650
9Section
1650. 101.143 (2e) (c) of the statutes is renumbered 292.63 (2e) (c) and
10amended to read:
AB40,780,1511
292.63
(2e) (c) The department
of natural resources or, if the discharge is
12covered under s. 101.144 (2) (b), the department of safety and professional services 13shall apply the method in the rules promulgated under par.
(b) (a) to determine the
14risk posed by a discharge for which the department
of safety and professional
15services receives notification under sub. (3) (a) 3.
AB40,1651
16Section
1651. 101.143 (2m) of the statutes is repealed.
AB40,1652
17Section
1652. 101.143 (3) (title) and (a) of the statutes are renumbered 292.63
18(3) (title) and (a), and 292.63 (3) (a) 4., 5. and 9., as renumbered, are amended to read:
AB40,780,2119
292.63
(3) (a) 4. The owner or operator registers the petroleum product storage
20system or the home oil tank system is registered with the department
of agriculture,
21trade and consumer protection under s.
101.09
168.23.
AB40,780,2422
5. The owner or operator or the person reports the discharge in a timely manner
23to the division of emergency management in the department of military affairs or to
24the department
of natural resources, according to the requirements under s. 292.11.
AB40,781,5
19. The owner or operator or the person follows standards for groundwater
2restoration in the groundwater standards in the rules promulgated by the
3department
of natural resources under ss. 160.07 and 160.09 and restores the
4environment, to the extent practicable, according to those standards at the site of the
5discharge from a petroleum product storage system or home oil tank system.
AB40,1653
6Section
1653. 101.143 (3) (ae) of the statutes is renumbered 292.63 (3) (ae) and
7amended to read:
AB40,781,158
292.63
(3) (ae)
New systems. An owner or operator or a person owning a home
9oil tank system is not eligible for an award under this section for costs incurred
10because of a petroleum product discharge from an underground petroleum product
11storage tank system or a home oil tank system that meets the performance standards
12in
40 CFR 280.20 or in rules
promulgated by of the department
of agriculture, trade
13and consumer protection relating to underground petroleum product storage tank
14systems installed after December 22, 1988, if the discharge is confirmed after
15December 31, 1995.
AB40,1654
16Section
1654. 101.143 (3) (ah) of the statutes is renumbered 292.63 (3) (ah)
17and amended to read:
AB40,781,2518
292.63
(3) (ah)
New aboveground systems. An owner or operator is not eligible
19for an award under this section for costs incurred because of a petroleum product
20discharge from a petroleum product storage system that is not an underground
21petroleum product storage tank system and that meets the performance standards
22in rules
promulgated by of the department
of agriculture, trade and consumer
23protection relating to petroleum product storage systems that are not underground
24petroleum product storage tank systems and that are installed after April 30, 1991,
25if the discharge is confirmed after December 22, 2001.
AB40,1655
1Section
1655. 101.143 (3) (am) of the statutes is renumbered 292.63 (3) (am)
2and amended to read:
AB40,782,133
292.63
(3) (am)
Upgraded underground systems. 1. An owner or operator or
4a person owning a home oil tank system is not eligible for an award under this section
5for costs incurred because of a petroleum product discharge from an underground
6petroleum product storage tank system or a home oil tank system if the discharge
7is confirmed after December 31, 1995, and the discharge is confirmed, or activities
8under par. (c) or (g) are begun with respect to that discharge, after the day on which
9the underground petroleum product storage tank system or home oil tank system
10first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules
11promulgated by of the department
of agriculture, trade and consumer protection 12relating to the upgrading of existing underground petroleum product storage tank
13systems, except as provided in subd. 2.
AB40,783,314
2. If an underground petroleum product storage tank system or home oil tank
15system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules
16promulgated by of the department
of agriculture, trade and consumer protection 17relating to the upgrading of existing underground petroleum product storage tank
18systems, after December 31, 1993, and the owner or operator or person owning the
19home oil tank system applies for private pollution liability insurance covering the
20underground petroleum product storage tank system or home oil tank system within
2130 days after the day on which the underground petroleum product storage tank
22system or home oil tank system first meets those upgrading requirements, then the
23owner or operator or person remains eligible for an award for costs incurred because
24of a petroleum product discharge, from that underground petroleum product storage
25tank system or home oil tank system, which is confirmed, and with respect to which
1activities under par. (c) or (g) are begun, before the 91st day after the day on which
2the underground petroleum product storage tank system or home oil tank system
3first meets those upgrading requirements.
AB40,1656
4Section
1656. 101.143 (3) (ap) of the statutes is renumbered 292.63 (3) (ap)
5and amended to read:
AB40,783,156
292.63
(3) (ap)
Upgraded aboveground systems. An owner or operator is not
7eligible for an award under this section for costs incurred because of a petroleum
8product discharge from a petroleum product storage system that is not an
9underground petroleum product storage tank system if the discharge is confirmed
10after December 22, 2001, and the discharge is confirmed, or activities under par. (c)
11or (g) are begun with respect to that discharge, after the day on which the petroleum
12product storage system first meets the upgrading requirements in rules
13promulgated by of the department
of agriculture, trade and consumer protection 14relating to the upgrading of existing petroleum product storage systems that are not
15underground petroleum product storage tank systems.
AB40,1657
16Section
1657. 101.143 (3) (av) of the statutes is renumbered 292.63 (3) (av) and
17amended to read:
AB40,783,2418
292.63
(3) (av)
Claims submitted for petroleum product storage systems on
19tribal trust lands. The owner or operator of a petroleum product storage system
20located on trust lands of an American Indian tribe may submit a claim for an award
21under sub. (4) if the owner or operator otherwise satisfies par. (a) and complies with
22the rules promulgated under this section and any
other rules
promulgated by of the
23department
of agriculture, trade and consumer protection concerning petroleum
24product storage systems.
AB40,1658
1Section
1658. 101.143 (3) (b), (bm) and (bn) of the statutes are renumbered
2292.63 (3) (b), (bm) and (bn).
AB40,1659
3Section
1659. 101.143 (3) (c) of the statutes is renumbered 292.63 (3) (c), and
4292.63 (3) (c) 4., as renumbered, is amended to read:
AB40,784,85
292.63
(3) (c) 4. Receive written approval from the department
of natural
6resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
7of safety and professional services that the remedial action activities performed
8under subd. 3. meet the requirements of s. 292.11.
AB40,1660
9Section
1660. 101.143 (3) (cm) of the statutes is renumbered 292.63 (3) (cm)
10and amended to read:
AB40,784,1611
292.63
(3) (cm)
Monitoring as remedial action. An owner or operator or person
12owning a home oil tank system may, with the approval of the department
of natural
13resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
14safety and professional services, satisfy the requirements of par. (c) 2. and 3. by
15proposing and implementing monitoring to ensure the effectiveness of natural
16attenuation of petroleum product contamination.
AB40,1661
17Section
1661. 101.143 (3) (cp) of the statutes is renumbered 292.63 (3) (cp) and
18amended to read:
AB40,784,2519
292.63
(3) (cp)
Bidding process. 1. Except as provided in subds. 2.
to 5. and
205., if the department
of natural resources or, if the site is covered under s. 101.144
21(2) (b), the department of safety and professional services estimates that the cost to
22complete a site investigation, remedial action plan and remedial action for an
23occurrence exceeds $60,000, the department
of safety and professional services shall
24implement a competitive public bidding process to obtain information to assist in
25making the determination under par. (cs).
AB40,785,5
12. The department
of safety and professional services or the department of
2natural resources may waive the requirement under subd. 1. if an enforcement
3standard is exceeded in groundwater within 1,000 feet of a well operated by a public
4utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide
5water for human consumption.
AB40,785,86
5. The department
of safety and professional services or the department of
7natural resources may waive the requirement under subd. 1. after providing notice
8to the
other department secretary of administration.
AB40,785,139
6. The department
of safety and professional services may disqualify a bid
10received under subd. 1. if, based on information available to the department and
11experience with remedial action at other sites, the bid is unlikely to establish an
12amount to sufficiently fund remedial action that will comply with par. (c) 3. and with
13enforcement standards.
AB40,785,1714
7. The department
of safety and professional services may disqualify a person
15from submitting bids under subd. 1. if, based on past performance of the bidder, the
16department determines that the person has demonstrated an inability to complete
17remedial action within established cost limits.
AB40,1662
18Section
1662. 101.143 (3) (cs) (title) of the statutes is renumbered 292.63 (3)
19(cs) (title).
AB40,1663
20Section
1663. 101.143 (3) (cs) 1. of the statutes is renumbered 292.63 (3) (cs)
211. and amended to read:
AB40,786,322
292.63
(3) (cs) 1. The department
of safety and professional services shall
23review the remedial action plan for a site
that is classified as low or medium risk
24under s. 101.144 and shall determine the least costly method of complying with par.
25(c) 3. and with enforcement standards. The department shall notify the owner or
1operator of its determination of the least costly method and shall notify the owner
2or operator that reimbursement for remedial action under this section is limited to
3the amount necessary to implement that method.
AB40,1664
4Section
1664. 101.143 (3) (cs) 2. of the statutes is repealed.
AB40,1665
5Section
1665. 101.143 (3) (cs) 3. of the statutes is renumbered 292.63 (3) (cs)
63. and amended to read:
AB40,786,107
292.63
(3) (cs) 3. In making determinations under
subds. subd. 1.
and 2., the
8department
of natural resources and the department of safety and professional
9services shall determine whether natural attenuation will achieve compliance with
10par. (c) 3. and with enforcement standards.
AB40,1666
11Section
1666. 101.143 (3) (cs) 4. of the statutes is renumbered 292.63 (3) (cs)
124. and amended to read:
AB40,786,1913
292.63
(3) (cs) 4. The department
of safety and professional services may
14review and modify an amount established under subd. 1. if the department
15determines that new circumstances, including newly discovered contamination at a
16site, warrant those actions.
The department of safety and professional services and
17the department of natural resources may review and modify an amount established
18under subd. 2. if the departments determine that new circumstances, including
19newly discovered contamination at a site, warrant those actions.
AB40,1667
20Section
1667. 101.143 (3) (cw) (title) of the statutes is renumbered 292.63 (3)
21(cw) (title).
AB40,1668
22Section
1668. 101.143 (3) (cw) 1. of the statutes is renumbered 292.63 (3) (cw)
231. and amended to read:
AB40,787,624
292.63
(3) (cw) 1. The department
of safety and professional services shall
25conduct the annual review required under sub. (2) (i) 1. for a site
that is classified as
1low or medium risk under s. 101.144 and shall determine the least costly method of
2completing remedial action at the site in order to comply with par. (c) 3. and with
3enforcement standards. The department shall notify the owner or operator of its
4determination of the least costly method and shall notify the owner or operator that
5reimbursement under this section for any remedial action conducted after the date
6of the notice is limited to the amount necessary to implement that method.
AB40,1669
7Section
1669. 101.143 (3) (cw) 2. of the statutes is repealed.
AB40,1670
8Section
1670. 101.143 (3) (cw) 3. of the statutes is renumbered 292.63 (3) (cw)
93. and amended to read:
AB40,787,1310
292.63
(3) (cw) 3. In making determinations under
subds. subd. 1.
and 2., the
11department
of natural resources and the department of safety and professional
12services shall determine whether natural attenuation will achieve compliance with
13par. (c) 3. and with enforcement standards.
AB40,1671
14Section
1671. 101.143 (3) (cw) 4. of the statutes is renumbered 292.63 (3) (cw)
154. and amended to read:
AB40,787,2216
292.63
(3) (cw) 4. The department
of safety and professional services may
17review and modify an amount established under subd. 1. if the department
18determines that new circumstances, including newly discovered contamination at a
19site, warrant those actions.
The department of safety and professional services and
20the department of natural resources may review and modify an amount established
21under subd. 2. if the departments determine that new circumstances, including
22newly discovered contamination at a site, warrant those actions.
AB40,1672
23Section
1672. 101.143 (3) (d) of the statutes is renumbered 292.63 (3) (d) and
24amended to read:
AB40,788,5
1292.63
(3) (d)
Final review of remedial action activities. The department
of
2natural resources or, if the discharge is covered under s. 101.144 (2) (b), the
3department of safety and professional services shall complete a final review of the
4remedial action activities within 60 days after the claimant notifies the
appropriate 5department that the remedial action activities are completed.
AB40,1673
6Section
1673. 101.143 (3) (e) of the statutes is repealed.
AB40,1674
7Section
1674. 101.143 (3) (f) of the statutes is renumbered 292.63 (3) (f), and
8292.63 (3) (f) 5., as renumbered, is amended to read:
AB40,788,109
292.63
(3) (f) 5. The written approval of the department
of natural resources
10or the department of safety and professional services under par. (c) 4.
AB40,1675
11Section
1675. 101.143 (3) (g) of the statutes is renumbered 292.63 (3) (g) and
12amended to read:
AB40,788,2213
292.63
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and
142., an owner or operator or the person may submit a claim for an award under sub.
15(4) after notifying the department under par. (a) 3., without completing an
16investigation under par. (c) 1. and without preparing a remedial action plan under
17par. (c) 2.
, if an emergency existed which made the investigation under par. (c) 1. and
18the remedial action plan under par. (c) 2. inappropriate and, before conducting
19remedial action, the owner or operator or person notified the department
of safety
20and professional services and the department of natural resources of the emergency
21and the department
of safety and professional services and the department of
22natural resources authorized emergency action.
AB40,1676
23Section
1676. 101.143 (3) (h) of the statutes is renumbered 292.63 (3) (h).
AB40,1677
24Section
1677. 101.143 (4) (title) of the statutes is renumbered 292.63 (4) (title).
AB40,1678
1Section
1678. 101.143 (4) (a) of the statutes is renumbered 292.63 (4) (a), and
2292.63 (4) (a) 6. and 7., as renumbered, are amended to read:
AB40,789,53
292.63
(4) (a) 6. In any fiscal year, the department may not award more than
45% of the amount appropriated under s.
20.165 (2) (v)
20.370 (2) (eu) as awards for
5petroleum product storage systems described in par. (ei).
AB40,789,96
7. In any fiscal year, the department may not award more than 5% of the
7amount appropriated under s.
20.165 (2) (v) 20.370 (2) (eu) as awards for petroleum
8product storage systems that are owned by school districts and that are used for
9storing heating oil for consumptive use on the premises where stored.