42,163
Section
163. 166.20 (1) (g) of the statutes is renumbered 323.60 (1) (g).
42,164
Section
164. 166.20 (1) (ge) of the statutes is renumbered 323.02 (11), and 323.02 (11) (d), as renumbered, is and amended to read:
323.02 (11) (d) Response operations must be conducted in confined, poorly ventilated areas and the absence of conditions under subds. 1. to 3. pars. (a) to (c) has not been established.
42,165
Section
165. 166.20 (1) (gi) of the statutes is renumbered 323.02 (12).
42,166
Section
166. 166.20 (1) (gk) of the statutes is renumbered 323.02 (13) and amended to read:
323.02 (13) "Local emergency response team" means a team that the local emergency planning committee identifies under s. 166.21 323.61 (2m) (e).
42,167
Section
167. 166.20 (1) (gm) of the statutes is repealed.
42,168
Section
168. 166.20 (1) (h) and (i) of the statutes are renumbered 323.60 (1) (h) and (i).
42,169
Section
169. 166.20 (1) (im) of the statutes is repealed.
42,170
Section
170. 166.20 (1) (j) of the statutes is renumbered 323.60 (1) (j), and 323.60 (1) (j) (intro.), 1. and 2., as renumbered, are amended to read:
323.60 (1) (j) (intro.) "Threshold quantity" means a designated quantity of any of the following:
1. A hazardous chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 3.; or (c).
2. A toxic chemical which, if used by or present at a facility, makes the facility subject to the requirements of sub. (5) (a) 4. (d).
42,171
Section
171. 166.20 (1) (k) of the statutes is renumbered 323.60 (1) (k).
42,172
Section
172. 166.20 (2) (intro.) of the statutes is renumbered 323.60 (2) (intro.) and amended to read:
323.60 (2) Duties of the division. (intro.) The division shall do all of the following:
42,173
Section
173. 166.20 (2) (a) of the statutes is renumbered 323.60 (2) (a) and amended to read:
323.60 (2) (a) Carry out all requirements of a Serve as the state emergency response commission under the federal act.
42,174
Section
174. 166.20 (2) (b) of the statutes is renumbered 323.60 (2) (b).
42,175
Section
175. 166.20 (2) (bg) of the statutes is renumbered 323.60 (2) (bg) and amended to read:
323.60 (2) (bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under s. 166.21 323.61 (2) (br).
42,176
Section
176. 166.20 (2) (bm) of the statutes is renumbered 323.70 (7) (a) and amended to read:
323.70 (7) (a) Promulgate The division shall promulgate rules establishing standards to determine all of the following:
1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4).
2. If a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the emergency.
42,177
Section
177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and amended to read:
323.70 (7) (b) Promulgate The division shall promulgate rules that establish the procedures that a regional emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a level A release or a potential level A release.
42,178
Section
178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and amended to read:
323.70 (7) (c) Promulgate The division shall promulgate rules that establish the procedures that a local emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a release or potential release of a hazardous substance, as defined in s. 299.01 (6).
42,179
Section
179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).
42,180
Section
180. 166.20 (2) (d) of the statutes is renumbered 323.60 (2) (d) and amended to read:
323.60 (2) (d) Administer the grant program under s. 166.21 323.61.
42,181
Section
181. 166.20 (2) (e) of the statutes is renumbered 323.60 (2) (e).
42,182
Section
182. 166.20 (2) (f) of the statutes is renumbered 323.60 (2) (f).
42,183
Section
183. 166.20 (3) (intro.) of the statutes is renumbered 323.60 (3) (intro.) and amended to read:
323.60 (3) Duties of committees. (intro.) A committee shall do all of the following:
42,184
Section
184. 166.20 (3) (a) of the statutes is renumbered 323.60 (3) (a).
42,185
Section
185. 166.20 (3) (b) of the statutes is renumbered 323.60 (3) (b) and amended to read:
323.60 (3) (b) Upon receipt by the committee or the committee's designated community emergency coordinator of a notification under sub. (5) (a) 2. (b) of the release of a hazardous substance, take all actions necessary to ensure the implementation of the local emergency response plan.
42,186
Section
186. 166.20 (3) (c) of the statutes is renumbered 323.60 (3) (c) and amended to read:
323.60 (3) (c) Consult and coordinate with the county board, the county and local heads of emergency management services designated under s. 166.03 (4) (a) or (b) 323.14 (1) (a) 2. or (b) 2. and the county emergency management committee designated under s. 166.03 (4) (c) 323.14 (1) (a) 3. in the execution of the local emergency planning committee's duties under this section.
42,187
Section
187. 166.20 (4) of the statutes is renumbered 323.60 (4), and 323.60 (4) (a) and (c), as renumbered, are amended to read:
323.60 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. (b) or s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the division.
(c) Use the information contained in toxic chemical release forms submitted under sub. (5) (a) 4. (d) in the planning and implementation of programs related to the regulation, monitoring, abatement and mitigation of environmental pollution.
42,188
Section
188. 166.20 (4m) of the statutes is renumbered 323.60 (4m) and amended to read:
323.60 (4m) Cooperation. A state agency, federally recognized American Indian tribe or band, or local governmental unit may assist the division or a committee in the performance of its duties under this section and may enter into an agreement with the division or a committee.
42,189
Section
189. 166.20 (5) (title) of the statutes is renumbered 323.60 (5) (title).
42,190
Section
190. 166.20 (5) (a) 1., 2. and 3. of the statutes are renumbered 323.60 (5) (a), (b) and (c).
42,191
Section
191. 166.20 (5) (a) 4., 5. and 6. of the statutes are renumbered 323.60 (5) (d), (e) and (f), and 323.60 (5) (d) 3., (e) and (f), as renumbered, are amended to read:
323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subd. 4. c. subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in s. 293.01 (7), minerals as defined in s. 293.01 (8) or refuse as defined in s. 293.01 (25).
(e) The reporting procedures for trade secrets under
42 USC 11042 shall apply to all facilities in this state subject to the requirements under
subd. 1., 3. or 4.
par. (a), (c), or (d). For the purposes of applying this
subdivision paragraph to public agencies and private agencies, the division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under
42 USC 11042.
(f) All facilities in this state subject to the requirements under
subd. 3. or 4. par. (c) or (d) shall comply with the procedures for providing information under
42 USC 11043.
42,192
Section
192. 166.20 (5) (b) of the statutes is repealed.
42,193
Section
193. 166.20 (5m) and (6) of the statutes are renumbered 323.60 (5m) and (6).
42,194
Section
194. 166.20 (7) (title) of the statutes is renumbered 323.60 (7) (title).
42,195
Section
195. 166.20 (7) (a) (intro.) of the statutes is renumbered 323.60 (7) (a) (intro.) and amended to read:
323.60 (7) (a) (intro.) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 166.21 323.61:
42,196
Section
196. 166.20 (7) (a) 1. of the statutes is renumbered 323.60 (7) (a) 1. and amended to read:
323.60 (7) (a) 1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under sub. (5) (a) 1.
42,197
Section
197. 166.20 (7) (a) 2. of the statutes is renumbered 323.60 (7) (a) 2. and amended to read:
323.60 (7) (a) 2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under sub. (5) (a) 3. (c).
42,198
Section
198. 166.20 (7) (b), (d), (dm) and (e) of the statutes are renumbered 323.60 (7) (b), (d), (dm) and (e), and 323.60 (7) (b) and (dm), as renumbered, are amended to read:
323.60 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. (a) or (c) shall pay the fees under par. (a). The division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.
(dm) The operator of a petroleum marketing facility at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale is exempt from the fees under par. (a) 2. with respect to gasoline and diesel fuel present at the petroleum marketing that facility.
42,199
Section
199. 166.20 (7m) and (8) of the statutes are renumbered 323.60 (7m) and (8), and 323.60 (8) (a), as renumbered, is amended to read:
323.60 (8) (a) The department of justice, at its own discretion or at the request of the division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance, except that, for a violation that is alleged to have occurred within the boundaries of a federally recognized Indian reservation or on land that is held in trust by the federal government for the benefit of an American Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7).
42,200
Section
200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).
42,201
Section
201. 166.20 (9) (a) of the statutes is renumbered 323.60 (9) (a), and 323.60 (9) (a) 1. a., b. and c., 2. (intro.), a., b. and c. and 3., as renumbered, are amended to read:
323.60
(9) (a) 1. a. Any person for failure to submit a follow-up emergency notice under
42 USC 11004 (c), as applied under sub. (5)
(a) 2. (b).
b. Any person for violation of sub. (5) (a) 3. or 4.
(c) or (d).
c. The division for failure to render a decision in response to a petition under
42 USC 11042 (d), as applied under sub. (5)
(a) 5. (e), within 9 months after receipt of the petition.
2. (intro.) The division or any county, city, village or town local unit of government may commence a civil action against any person for failure to do any of the following:
a. Provide notification to the division under
42 USC 11002 (c), as applied under sub. (5) (a)
1.
b. Submit the information required under
42 USC 11021 (a) or
11022 (a), as applied by sub. (5)
(a) 3.
(c).
c. Make available information requested under
42 USC 11021 (c), as applied under sub. (5)
(a) 3. (c).
3. The division or any committee may commence an action against any person for failure to provide the information required under
42 USC 11003 (d), as applied under sub. (5) (a)
1. or any information required under
42 USC 11022 (e) (1), as applied under sub. (5)
(a) 3.
(c).
42,202
Section
202. 166.20 (9) (b) of the statutes is renumbered 323.60 (9) (b).
42,203
Section
203. 166.20 (9) (c) 1. of the statutes is renumbered 323.60 (9) (c).
42,204
Section
204. 166.20 (9) (e) of the statutes is repealed.
42,205
Section
205. 166.20 (10) of the statutes is renumbered 323.60 (10).
42,206
Section
206. 166.20 (11) of the statutes is renumbered 323.60 (11), and 323.60 (11) (a), (b) (intro.), (c) and (d), as renumbered, are amended to read:
323.60
(11) (a) Any person who violates sub. (5) (a)
1., 2. or 4., (b), or (d), or the emergency and hazardous chemical inventory form requirements of
42 USC 11022, as applied under sub. (5)
(a) 3. (c), or any rule promulgated under sub. (5) (a)
1., 2. or 4., (b), or (d), or concerning emergency and hazardous chemical inventory form requirements shall forfeit not less than $100 nor more than $25,000. Total forfeitures for the failure of a facility to report multiple releases of hazardous substances covered under
42 USC 11004, as applied under sub. (5)
(a), shall not exceed $75,000 per day of offense.
(b) (intro.) Any person who knowingly and willfully fails to report the release of a hazardous substance covered under
42 USC 11004 as required under sub. (5)
(a) 2. (b) or any rule promulgated under sub. (5)
(a) 2. (b) is subject to the following penalties:
(c) Any person who violates sub. (5)
(a) 5. or 6.
(e) or (f) or the material safety data sheet requirements of
42 USC 11021, as applied under sub. (5)
(a) 3. (c), or any rule promulgated under sub. (5)
(a) 5. or 6. (e) or (f) or concerning material safety data sheet requirements shall forfeit not less than $50 nor more than $10,000.
(d) Any person who knowingly and willfully releases a trade secret entitled to protection under
42 USC 11042, as applied under sub. (5)
(a) 5. (e), shall be fined not less than $100 nor more than $20,000 or imprisoned for not more than one year in the county jail or both.
42,207
Section
207. 166.21 (title) of the statutes is renumbered 323.61 (title).
42,208
Section
208. 166.21 (1) (title) of the statutes is renumbered 323.61 (1) (title).
42,209
Section
209. 166.21 (1) (a) of the statutes is renumbered 323.61 (1) (a) and amended to read:
323.61 (1) (a) There is created an emergency planning grant program for the purpose of assisting committees to comply with the requirements of s. 166.20
323.60 and the federal act.
