Wisconsin Legislature: 9,1985b

9,1981g Section 1981g. 101.143 (2) (k) of the statutes is created to read:

101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce and the department of natural resources 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 pars. (h) to (j). The department of commerce and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

9,1981i Section 1981i. 101.143 (2) (L) of the statutes is created to read:

101.143 (2) (L) The department may promulgate rules for the assessment and collection of fees to recover its costs for providing approval under sub. (3) (c) 4. and for providing other assistance requested by applicants under this section. Any moneys collected under this paragraph shall be credited to the appropriation account under s. 20.143 (3) (Lm).

9,1982c Section 1982c. 101.143 (2e) of the statutes is created to read:

101.143 (2e) Risk-based analysis. (a) The department of commerce and the department of natural resources shall attempt to agree on a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

(b) If the department of commerce and the department of natural resources are unable to reach an agreement under par. (a), 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 par. (a). The department of commerce and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

(c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method in the rules promulgated under par. (b) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

9,1983b Section 1983b. 101.143 (3) (c) 2. of the statutes is amended to read:

101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under subd. 3. and submit the remedial action plan to the department.

9,1983m Section 1983m. 101.143 (3) (cm) of the statutes is amended to read:

101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation attenuation of petroleum product contamination.

9,1983t Section 1983t. 101.143 (3) (cp) of the statutes is created to read:

101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 5., if the department of natural resources 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).

2. The department of commerce or the department of natural resources 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.

4. The department of commerce or the department of natural resources may waive the requirement under subd. 1. on the grounds that waiver is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

5. The department of commerce or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department.

6. The department of commerce may disqualify a bid received under subd. 1. if, based on information available to the department and experience with remedial action at other sites, the bid is unlikely to establish an amount to sufficiently fund remedial action that will comply with par. (c) 3. and with enforcement standards.

7. The department of commerce may disqualify a person from submitting bids under subd. 1. if, based on past performance of the bidder, the department determines that the person has demonstrated an inability to complete remedial action within established cost limits.

9,1984c Section 1984c. 101.143 (3) (cs) of the statutes is created to read:

101.143 (3) (cs) Determination of least costly method of remedial action. 1. The department of commerce shall review the remedial action plan for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its 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.

2. The department of natural resources 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.

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

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 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.

9,1984m Section 1984m. 101.143 (3) (cw) of the statutes is created to read:

101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium risk under s. 101.144 and shall 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 department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

2. The department of natural resources 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.

9,1985b Section 1985b. 101.143 (3) (d) of the statutes is amended to read:

101.143 (3) (d) Review of site investigations, remedial action plans and Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 292.11. The advice is not an approval of the remedial action activities. The department of natural resources 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.

9,1985e Section 1985e. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated, renumbered 101.143 (3) (g) and amended to read:

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 any of the following apply: 1. An 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 of the emergency and the department of commerce and the department of natural resources authorized emergency action.

9,1985f Section 1985f. 101.143 (3) (g) 2. of the statutes is repealed.

9,1985m Section 1985m. 101.143 (4) (b) (intro.) of the statutes is amended to read:

101.143 (4) (b) Eligible costs. (intro.) Eligible Except as provided in par. (c), eligible costs for an award under par. (a) include actual costs or, if the department establishes a schedule usual and customary cost under par. (cm) for an item, usual and customary costs for the following items only:

9,1985w Section 1985w. 101.143 (4) (c) (intro.) of the statutes is amended to read:

101.143 (4) (c) Exclusions from eligible costs. (intro.) Eligible costs for an award under par. (a) do not include the following, regardless of whether a competitive bidding process is used:

9,1986c Section 1986c. 101.143 (4) (c) 8. of the statutes is renumbered 101.143 (4) (c) 8. (intro.) and amended to read:

101.143 (4) (c) 8. (intro.) Interest costs incurred by an applicant that exceed interest at 1% over the prime rate, as determined under rules promulgated by the department. the following rate:

9,1986e Section 1986e. 101.143 (4) (c) 8. a. to f. of the statutes are created to read:

101.143 (4) (c) 8. a. If the applicant has gross revenues of not more than $5,000,000 in the most recent tax year before the applicant submits a claim, 1% over the prime rate.

b. If the applicant has gross revenues of more than $5,000,000 but not more than $15,000,000 in the most recent tax year before the applicant submits a claim, the prime rate.

c. If the applicant has gross revenues of more than $15,000,000 but not more than $25,000,000 in the most recent tax year before the applicant submits a claim, 1% under the prime rate.

d. If the applicant has gross revenues of more than $25,000,000 but not more than $35,000,000 in the most recent tax year before the applicant submits a claim, 2% under the prime rate.

e. If the applicant has gross revenues of more than $35,000,000 but not more than $45,000,000 in the most recent tax year before the applicant submits a claim, 3% under the prime rate.

f. If the applicant has gross revenues of more than $45,000,000 in the most recent tax year before the applicant submits a claim, 4% under the prime rate.

9,1986g Section 1986g. 101.143 (4) (c) 10. of the statutes is created to read:

101.143 (4) (c) 10. Fees charged under sub. (2) (L) or s. 292.55 (2).

9,1986i Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:

101.143 (4) (c) 11. Costs that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the least costly method.

9,1986k Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:

101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.

9,1986m Section 1986m. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4) (cm) 1. and amended to read:

101.143 (4) (cm) 1. The department may shall establish a schedule of usual and customary costs for any items under par. (b) and may that are commonly associated with claims under this section. The department shall use that schedule to determine the amount of a claimant's eligible costs for an occurrence for which a competitive bidding process is not used, except in circumstances under which higher costs must be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an occurrence for which a competitive bidding process is used, the department may not use the schedule. In the schedule, the department shall specify the maximum number of reimbursable hours for particular tasks and the maximum reimbursable hourly rates for those tasks. The department shall use methods of data collection and analysis that enable the schedule to be revised to reflect changes in actual costs . This subdivision does not apply after June 30, 2001.

9,1986p Section 1986p. 101.143 (4) (cm) 2. of the statutes is created to read:

101.143 (4) (cm) 2. The department may establish a schedule of usual and customary costs for any items under par. (b) and may use that schedule to determine the amount of a claimant's eligible costs. This subdivision applies after June 30, 2001.

9,1987b Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:

101.143 (4) (d) 2. (intro.) The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a the deductible amount of $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises is 25% of eligible costs under par. (dg). An award issued under this paragraph may not exceed the following for each occurrence:

9,1991c Section 1991c. 101.143 (4) (dg) of the statutes is created to read:

101.143 (4) (dg) Deductible; underground systems. The amount of the deductible for an award under par. (d) is as follows for each occurrence:

1. Except as provided under par. (di), for an owner or operator of an underground petroleum product storage tank system that is located at a facility at which petroleum is stored for resale or an owner or operator of an underground petroleum product storage tank system that handles an annual average of more than 10,000 gallons of petroleum per month, $3,000 plus 3% of the amount by which eligible costs exceed $60,000.

2. For a school district or a technical college district with respect to a discharge from an underground petroleum product storage tank system that is used for storing heating oil for consumptive use on the premises, 25% of eligible costs.

3. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $5,000.

4. For an owner or operator other than an owner or operator described in subd. 1., 2. or 3., $2,500, plus 5% of eligible costs, but not more than $7,500.

9,1992c Section 1992c. 101.143 (4) (di) of the statutes is created to read:

101.143 (4) (di) Rules concerning deductible for underground systems. The department may promulgate rules describing a class of owners and operators of underground petroleum product storage tank systems otherwise subject to par. (dg) 1. for whom the deductible is the amount under par. (dg) 4. rather than the amount under par. (dg) 1. if the class is based on financial hardship or consists of local governmental units that are conducting remedial action as part of projects to redevelop brownfields, as defined in s. 560.13 (1) (a).

9,1993c Section 1993c. 101.143 (4) (dm) 2. a. of the statutes is amended to read:

101.143 (4) (dm) 2. a. For the owner or operator of a terminal, $15,000 plus 5% 10% of the amount by which eligible costs exceed $200,000.

9,1993f Section 1993f. 101.143 (4) (dm) 2. c. of the statutes is amended to read:

101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs but not more than $7,500 $5,000 per occurrence.

9,1993m Section 1993m. 101.143 (4) (ei) 2. of the statutes is repealed and recreated to read:

101.143 (4) (ei) 2. The department shall review claims related to discharges from farm tanks described in subd. 1. as soon as the claims are received. The department shall issue an award for an eligible discharge from a farm tank described in subd. 1. as soon as it completes the review of the claim.

9,1994 Section 1994. 101.143 (9m) of the statutes is created to read:

101.143 (9m) Revenue obligations. (a) For purposes of subch. II of ch. 18, the petroleum storage remedial action program is a special fund program, and the petroleum inspection fund is a special fund. The petroleum inspection fund is a segregated fund created by the imposition of fees, penalties or excise taxes. The legislature finds and determines that a nexus exists between the petroleum storage remedial action program and the petroleum inspection fund in that fees imposed on users of petroleum are used to remedy environmental damage caused by petroleum storage.

(b) Deposits, appropriations or transfers to the petroleum inspection fund for the purposes of the petroleum storage remedial action program may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.

(e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.

(f) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.

(g) 1. Subject to the limitation under subd. 2., the building commission shall contract revenue obligations under this subsection, as soon as practicable after the effective date of this subdivision .... [revisor inserts date], in the maximum amount that the building commission believes can be fully paid on a timely basis from moneys received or anticipated to be received.

2. Revenue obligations issued under this subsection may not exceed $270,000,000 in principal amount. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds or to pay accrued or capitalized interest.

(h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the owners of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with subch. II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV of ch. 18.

(i) Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if the legislature reduces the rate of the petroleum inspection fee and if the funds in the petroleum inspection fund are insufficient to pay the principal and interest on the revenue obligations issued under subch. II or IV of ch. 18 pursuant to this subsection, the legislature shall make an appropriation from the general fund sufficient to pay the principal and interest on the obligations.

9,1994m Section 1994m. 101.143 (11) of the statutes is created to read:

101.143 (11) Reports. No later than each January 1 and July 1, the department of commerce and the department of natural resources shall submit the 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:

(a) All of the following information for each petroleum product storage system and home oil tank system from which a discharge has occurred for which remedial action activities are being conducted:

1. The date on which the record of the site investigation was received.

2. The environmental risk factors, as defined by the department of commerce by rule, identified at the site.

3. The year in which the approval under sub. (3) (c) 4. is expected to be issued.

(am) The number of notices received under sub. (3) (a) 3. and the number of approvals given under sub. (3) (c) 4.