Wisconsin Legislature: 9,2636

292.65 (1) (em) "Formal wear rental firm" means a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public.

9,2615 Section 2615. 292.65 (1) (h) 3. of the statutes is created to read:

292.65 (1) (h) 3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.

9,2616 Section 2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1. (intro.) and amended to read:

292.65 (1) (i) 1. (intro.) A person who owns, or has possession or control of, a dry cleaning facility, or and who receives or received direct or indirect consideration from the operation of a dry cleaning facility regardless of whether the dry cleaning facility remains in operation and regardless of whether the person owns or receives consideration at the time that environmental pollution occurs., any of the following:

9,2617 Section 2617. 292.65 (1) (i) 1. a. of the statutes is created to read:

292.65 (1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).

9,2618 Section 2618. 292.65 (1) (i) 1. b. of the statutes is created to read:

292.65 (1) (i) 1. b. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2) before it ceased operation.

9,2619 Section 2619. 292.65 (1) (i) 3. of the statutes is created to read:

292.65 (1) (i) 3. A person who owns the property on which one of the following is located:

a. A dry cleaning facility that is licensed under s. 77.9961 (2).

b. A dry cleaning facility that has ceased operation but that was licensed under s. 77.9961 (2) before it ceased operation.

9,2620 Section 2620. 292.65 (1) (L) of the statutes is amended to read:

292.65 (1) (L) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.

9,2621 Section 2621. 292.65 (3) (am) 2. of the statutes is amended to read:

292.65 (3) (am) 2. The department shall pay an award for immediate action activities. For the purposes of this subdivision, removal of contaminated soils and recovery of free dry cleaning solvent are not considered immediate action activities.

9,2622 Section 2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to read:

292.65 (3) (am) 3. After paying awards for immediate action activities, the department shall do the following with the remaining funds available for awards under this section:

a. In the program year that begins on July 1, 1999, provide 75% to pay awards for eligible costs incurred before October 14, 1997, and provide 25% to pay awards for eligible costs incurred on or after October 14, 1997.

b. In the program year that begins on July 1, 2000, provide 50% to pay awards for eligible costs incurred before October 14, 1997, and provide 50% to pay awards for eligible costs incurred on or after October 14, 1997.

c. In the program year that begins on July 1, 2001, and every program year thereafter, provide at least 70% as awards to pay eligible costs incurred on or after October 14, 1997.

9,2627 Section 2627. 292.65 (4) (m) of the statutes is created to read:

292.65 (4) (m) Notification of insurance claims and receipt of proceeds. An owner or operator shall notify the department of any insurance claim made to cover eligible costs, the status of the claim, and, if the owner or operator has received any insurance proceeds arising from the claim, the amount of the proceeds.

9,2629 Section 2629. 292.65 (6) of the statutes is repealed.

9,2631 Section 2631. 292.65 (7) (a) 16. of the statutes is repealed.

9,2632 Section 2632. 292.65 (7) (b) of the statutes is repealed.

9,2634 Section 2634. 292.65 (7) (c) 6. of the statutes is created to read:

292.65 (7) (c) 6. Costs of financing eligible activities.

9,2636 Section 2636. 292.65 (8) (a) 4m. of the statutes is created to read:

292.65 (8) (a) 4m. If the owner or operator receives any proceeds arising from an insurance claim for any eligible costs, a record of the payment.

9,2636g Section 2636g. 292.65 (8) (d) 8. of the statutes is amended to read:

292.65 (8) (d) 8. The dry cleaning solvent discharge was caused by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system.

9,2637 Section 2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to read:

292.65 (8) (e) 3a. If eligible costs are $200,000 or less, $10,000.

9,2638 Section 2638. 292.65 (8) (e) 3am. of the statutes is created to read:

292.65 (8) (e) 3am. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of the amount by which eligible costs exceed $200,000.

9,2639 Section 2639. 292.65 (8) (e) 3ar. of the statutes is created to read:

292.65 (8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000.

9,2640 Section 2640. 292.65 (8) (e) 3b. of the statutes is amended to read:

292.65 (8) (e) 3b. For each year in which the owner or operator has not paid the annual license fee under s. 77.9961 (1) for the dry cleaning facility, an An amount equal to 30 times the average annual license fee paid under s. 77.9961 (1) for that the year in which an award is made.

9,2641 Section 2641. 292.65 (8) (e) 3c. of the statutes is amended to read:

292.65 (8) (e) 3c. For each year in which the dry cleaning solvents fee under s. 77.9962 was imposed and the dry cleaning facility was not in operation, an An amount equal to 30 times the total amount collected under s. 77.9962 for that the year in which an award is made divided by the number of dry cleaning facilities in operation during that year.

9,2641g Section 2641g. 292.65 (8) (j) 4. of the statutes is created to read:

292.65 (8) (j) 4. If, prior to receiving an award under this section, an owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the department may not reimburse the owner or operator any amount that exceeds the difference between the amount of the award calculated under subd. 1. or 2. and pars. (e) and (f) and the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f).

9,2641m Section 2641m. 292.65 (8m) of the statutes is created to read:

292.65 (8m) Reimbursement of insurance proceeds. If, after the owner or operator receives an award under this section, the owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the owner or operator shall pay to the department the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. (e) exceeds the maximum award under par. (f), but not more than the amount of the award received. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.

9,2643 Section 2643. 292.65 (11) of the statutes is created to read:

292.65 (11) Environmental fund reimbursement. If the department expends funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because of a discharge of dry cleaning solvent at a dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 (6) (eq) to the environmental fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3) (b). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under s. 20.370 (6) (eq).

9,2644 Section 2644. 292.65 (12m) of the statutes is created to read:

292.65 (12m) Prohibition. No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this section.

9,2645m Section 2645m. 292.66 (2) (e) of the statutes is repealed.

9,2645p Section 2645p. 292.66 (2) (g) of the statutes is created to read:

292.66 (2) (g) The owner or operator of a dry cleaning facility that is operating at the time that the owner or operator applies for assistance under this section certifies that any perchloroethylene delivered to the dry cleaning facility is delivered using a closed, direct-coupled delivery system.

9,2646 Section 2646. 292.66 (3) of the statutes is amended to read:

292.66 (3) An award under this section may not exceed $15,000, of which not more than $2,500 may be shall equal 50% of the eligible costs, except that an award may not exceed $20,000. Of the total award, the reimbursement for the preliminary site screening shall equal 50% of the cost of conducting the preliminary site screening, except that the reimbursement for the preliminary site screening may not exceed $3,000.

9,2647 Section 2647. 292.66 (5) of the statutes is created to read:

292.66 (5) No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this section.

9,2648c Section 2648c. 292.70 of the statutes is created to read:

292.70 Indemnification for disposal of polychlorinated biphenyls. (1) Definition. In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).

(2) Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against liability for damage to persons, property or the environment resulting from the municipality's acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.

(3) Indemnification agreements concerning treatment of contaminated leachate. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employes and agents against any liability for damage to persons, property or the environment resulting from the municipality's conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.

(4) Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:

(a) The agreement is approved by the governor , the attorney general, the secretary and the governing body of the municipality.

(b) The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).

(c) The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.

(d) The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.

(e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.

(f) The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.

(5) Limitation. The department may include in an agreement under sub. (4) a limitation on the amount that this state will pay to a municipality under the agreement.

(6) Immunity. This section and any agreement entered into under sub. (3) or (4) may not be construed as consent to sue this state.

(7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (2) (fq).

9,2649 Section 2649. 292.75 of the statutes is created to read:

292.75 Brownfield site assessment grants. (1) Definitions. In this section:

(a) "Eligible site or facility" means an abandoned, idle or underused industrial or commercial facility or site, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

(b) "Local governmental unit" means a city, village, town, county, redevelopment authority created under s. 66.431, community development authority created under s. 66.4325, or housing authority.

(d) "Underground hazardous substance storage tank system" means an underground storage tank used for storing a hazardous substance other than a petroleum product together with any on-site integral piping or dispensing system with at least 10% of its total volume below the surface of the ground.

(e) "Underground petroleum product storage tank" has the meaning given in s. 101.143 (1) (i).

(2) Duties of the department. (a) The department shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.370 (6) (et) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

(b) The department may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.

(c) The department may only award grants under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

(d) The department shall promulgate rules as necessary to administer the program. Rules promulgated by the department under this paragraph may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in sub. (3).

(3) Eligible activities. The department may award grants to local governmental units to cover the costs of the following activities:

(a) The investigation of environmental contamination on an eligible site or facility for the purposes of reducing or eliminating environmental contamination.

(b) The demolition of any structures, buildings or other improvements located on an eligible site or facility.

(d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted on an eligible site or facility.

(e) The removal of underground hazardous substance storage tank systems.