289.645 (3) Amount of recycling fee. The fee imposed under this section is as follows: (a) For
$3 per ton for all solid waste other than high-volume industrial waste, 30 cents per ton.
16,3228h
Section 3228h. 289.83 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.
16,3228j
Section 3228j. 289.83 (5) of the statutes is amended to read:
289.83 (5) Payment of grant. The department shall make 10 annual grant payments annually over a 10-year period to recipients who applied in fiscal years 1992-93 and 1993-94. Each grant payment shall equal 10% of the total grant to a political subdivision.
16,3229
Section 3229. 292.11 (9) (e) 1m. f. of the statutes is amended to read:
292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (ta) or (tz).
16,3230
Section 3230. 292.13 (1m) (intro.) of the statutes is amended to read:
292.13 (1m) Exemption from liability for soil contamination. (intro.) A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil, including sediments, on property possessed or controlled by the person if all of the following apply:
16,3231
Section 3231. 292.15 (2) (a) 4. of the statutes is amended to read:
292.15 (2) (a) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
16,3232
Section 3232. 292.15 (2) (ae) 4. of the statutes is amended to read:
292.15 (2) (ae) 4. The If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
16,3234
Section 3234. 292.15 (2) (ag) of the statutes is amended to read:
292.15 (2) (ag) Property affected by off-site discharge. Except as provided in sub. (6) or (7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13 (1) or (1m), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition:
1. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1) or (1m).
2. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1) or (1m).
3. The voluntary party obtains a written determination from the department under s. 292.13 (2) with respect to the hazardous substance for which the voluntary party is exempt from liability under s 292.13 (1) or (1m).
4. The voluntary party continues to satisfy the conditions under s. 292.13 (1) (d) to (g) or (1m) (d) to (g).
16,3236
Section 3236. 292.15 (2) (b) 4. of the statutes is created to read:
292.15 (2) (b) 4. If the voluntary party does not own or control the property, the person who owns or controls the property fails to maintain and monitor the property as required under rules promulgated by the department or any contract entered into under those rules.
16,3259
Section 3259. 292.31 (7) (am) of the statutes is created to read:
292.31
(7) (am) 1. The department may accept the transfer of an interest in property that was acquired by the federal environmental protection agency as part of a remedial action under the federal Comprehensive Environmental Response, Compensation, and Liability Act,
42 USC 9601 to
9675.
2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.
3. The department may enforce the terms of any interest in property that it acquires under this paragraph.
16,3260b
Section 3260b. 292.35 (1) (am) of the statutes is created to read:
292.35 (1) (am) "Financial assistance" means money, other than a loan, provided by a governmental unit that is not a responsible party to pay a portion of the cost of investigation and remedial action for a site or facility.
16,3262b
Section 3262b. 292.35 (2) of the statutes is renumbered 292.35 (2) (intro.) and amended to read:
292.35 (2) Applicability. (intro.) This section only applies to a site or facility if the one of the following criteria is satisfied:
(a) The site or facility is owned by a local governmental unit. This section does not apply to a landfill until January 1, 1996.
16,3263b
Section 3263b. 292.35 (2) (b) of the statutes is created to read:
292.35 (2) (b) A local governmental unit that owns a portion of the site or facility commits itself, by resolution of its governing body, to paying more than 50% of the amount equal to the difference between the cost of investigation and remedial action for the site or facility and any financial assistance received for the site or facility.
16,3288
Section 3288. 292.65 (1) (intro.) of the statutes is amended to read:
292.65 (1) Definitions. (intro.) In this section and s. 292.66:
16,3289
Section 3289. 292.65 (1) (b) of the statutes is amended to read:
292.65 (1) (b) "Case closure letter" means a letter provided by the department that states that, based on information available to the department, no further remedial action is necessary with respect to a dry cleaning solvent product discharge.
16,3290
Section 3290. 292.65 (1) (d) (intro.) of the statutes is amended to read:
292.65 (1) (d) (intro.) "Dry cleaning facility" means a facility for dry cleaning apparel or household fabrics for the general public using a dry cleaning product, other than a facility that is one of the following:
16,3291
Section 3291. 292.65 (1) (e) of the statutes is amended to read:
292.65 (1) (e) "Dry cleaning solvent product" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities hazardous substance used to clean apparel or household fabrics, except for a hazardous substance used to launder apparel or household fabrics.
16,3292
Section 3292. 292.65 (1) (gm) of the statutes is amended to read:
292.65 (1) (gm) "Immediate action" means a remedial action that is taken within a short time after a discharge of dry cleaning solvent product occurs, or after the discovery of a discharge of dry cleaning solvent
product, to halt the discharge, contain or remove discharged dry cleaning solvent product, or remove contaminated soil or water in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands, and waters of the state and to eliminate any imminent threat to public health, safety, or welfare.
16,3293
Section 3293. 292.65 (1) (gs) of the statutes is created to read:
292.65 (1) (gs) "Interim action" means a remedial action that is taken to contain or stabilize a discharge of a dry cleaning product, in order to minimize any threats to public health, safety, or welfare or to the environment, while other remedial actions are being planned.
16,3294
Section 3294. 292.65 (4) (b) of the statutes is amended to read:
292.65 (4) (b) Report. An owner or operator shall report a dry cleaning solvent product discharge to the department in a timely manner, as provided in s. 292.11.
16,3295
Section 3295. 292.65 (4) (e) of the statutes is amended to read:
292.65 (4) (e) Investigation. After notifying the department under par. (c) 1., if applicable, and before conducting remedial action activities, an owner or operator shall complete an investigation to determine the extent of environmental impact of the dry cleaning solvent product discharge, except as provided in pars. (g) and (h).
16,3296
Section 3296. 292.65 (4) (h) of the statutes is repealed and recreated to read:
292.65 (4) (h) Interim action. An owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an interim action activity if the department determines that an interim action is necessary.
16,3297
Section 3297. 292.65 (4) (i) of the statutes is amended to read:
292.65 (4) (i) Review of site investigation and remedial action plan. The department shall, at the request of an owner or operator, review the site investigation results and the remedial action plan and advise the owner or operator on the adequacy of the proposed remedial action activities in meeting the requirements of this section. The department shall complete the review of the site investigation and remedial action plan within 45 days. The department shall also provide an estimate of when funding will be available to pay an award for remedial action conducted in response to the dry cleaning solvent
product discharge.
16,3298
Section 3298. 292.65 (4) (j) (intro.) and 1. of the statutes are amended to read:
292.65 (4) (j) Remedial action. (intro.) The owner or operator shall conduct all remedial action activities that are required under this section in response to the dry cleaning solvent product discharge, including all of the following:
1. Recovering any recoverable dry cleaning solvent product from the environment.
16,3299
Section 3299. 292.65 (5) (b) (intro.) of the statutes is amended to read:
292.65 (5) (b) (intro.) An owner or operator who is required to implement enhanced pollution prevention measures under par. (a) shall demonstrate all of the following:
16,3300
Section 3300. 292.65 (5) (b) 1. of the statutes is amended to read:
292.65
(5) (b) 1. That the owner or operator manages all wastes that are generated at the dry cleaning facility and that contain dry cleaning
solvent product as hazardous wastes in compliance with ch. 291 and
42 USC 6901 to
6991i.
16,3301
Section 3301. 292.65 (5) (b) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 1.
16,3302
Section 3302. 292.65 (5) (b) 2. of the statutes is amended to read:
292.65 (5) (b) 2. That the dry cleaning facility does not discharge dry cleaning solvent product or wastewater from dry cleaning machines into any sanitary sewer or septic tank or into the waters of this state.
16,3303
Section 3303. 292.65 (5) (b) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 2.
16,3304
Section 3304. 292.65 (5) (b) 3. of the statutes is amended to read:
292.65 (5) (b) 3. That each machine or other piece of equipment in which dry cleaning solvent product is used, or the entire area in which those machines or pieces of equipment are located, is surrounded by a containment dike or other containment structure that is able to contain any leak, spill, or other release of dry cleaning
solvent product from the machines or other pieces of equipment.
16,3305
Section 3305. 292.65 (5) (b) 4. of the statutes is amended to read:
292.65 (5) (b) 4. That the floor within any area surrounded by a dike or other containment structure under subd. 3. is sealed or is otherwise impervious to dry cleaning solvent product.
16,3306
Section 3306. 292.65 (5) (b) 5. of the statutes is amended to read:
292.65 (5) (b) 5. That all dry cleaning solvent is any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct-coupled delivery system.
16,3307
Section 3307. 292.65 (5) (b) 5. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 3.
16,3308
Section 3308. 292.65 (5) (c) (intro.) of the statutes is created to read:
292.65 (5) (c) The owner or operator of a dry cleaning facility is not eligible for an award under this section unless the owner or operator has implemented the following enhanced pollution prevention measures:
16,3309
Section 3309. 292.65 (7) (a) (intro.) of the statutes is amended to read:
292.65 (7) (a) General. (intro.) Subject to pars. (c), (ce), (cm), and (d), eligible costs for an award under this section include reasonable and necessary costs paid incurred by the owner or operator of a dry cleaning facility because of a discharge of dry cleaning product at the dry cleaning facility for the following items only:
16,3310
Section 3310. 292.65 (7) (a) 2. of the statutes is amended to read:
292.65 (7) (a) 2. Investigation and assessment of contamination caused by a dry cleaning solvent product discharge from a dry cleaning facility.
16,3311
Section 3311. 292.65 (7) (a) 8. of the statutes is amended to read:
292.65 (7) (a) 8. Maintenance of equipment for dry cleaning solvent product recovery performed as part of remedial action activities.
16,3312
Section 3312. 292.65 (7) (a) 13. of the statutes is repealed.
16,3313
Section 3313. 292.65 (7) (c) 3. of the statutes is amended to read:
292.65 (7) (c) 3. Other costs that the department determines to be associated with, but not integral to, the investigation and remediation of a dry cleaning solvent product discharge from a dry cleaning facility.
16,3314
Section 3314. 292.65 (7) (d) of the statutes is amended to read:
292.65 (7) (d) Discharges from multiple activities. If hazardous substances are discharged at a dry cleaning facility as a result of dry cleaning operations and as a result of other activities, eligible costs under this section are limited to activities necessitated by the discharge of dry cleaning solvent product.
16,3315
Section 3315. 292.65 (8) (a) (intro.) of the statutes is amended to read:
292.65 (8) (a) Application. (intro.) An owner or operator shall submit an application on a form provided by the department. An owner or operator may not submit an application before September 1, 1998. An owner or operator may not submit an application after August 30, 2003 2005, if the application relates to a dry cleaning facility that ceased to operate before September 1, 1998. An owner or operator may not submit an application after August 20, 2008, if the application relates to any other dry cleaning facility. The department shall authorize owners and operators to apply for awards at stages in the process under sub. (4) that the department specifies by rule. An application shall include all of the following documentation of activities, plans, and expenditures associated with the eligible costs incurred because of a dry cleaning solvent product discharge from a dry cleaning facility:
16,3316
Section 3316. 292.65 (8) (d) 7. of the statutes is amended to read:
292.65 (8) (d) 7. The applicant has not paid all of the fees under ss. 77.9961, and 77.9962
and 77.9963.
16,3317
Section 3317. 292.65 (8) (d) 8. of the statutes is amended to read:
292.65 (8) (d) 8. The dry cleaning solvent product discharge was caused on or after October 14, 1997, 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.
16,3318
Section 3318. 292.65 (8) (e) 1. of the statutes is renumbered 292.65 (8) (e), and 292.65 (8) (e) (intro.), as renumbered, is amended to read:
