101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.143 (3) 20.165 (2) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.
32,2339
Section
2339. 101.143 (2) (h) (intro.) of the statutes is amended to read:
101.143 (2) (h) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:
32,2340
Section
2340. 101.143 (2) (i) (intro.) of the statutes is amended to read:
101.143 (2) (i) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce safety and professional services and the department of natural resources while remedial actions are being conducted. The departments shall specify procedures that include all of the following:
32,2341
Section
2341. 101.143 (2) (j) (intro.) of the statutes is amended to read:
101.143 (2) (j) (intro.) The department of commerce safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following:
32,2342
Section
2342. 101.143 (2) (k) of the statutes is amended to read:
101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce
safety and professional services 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 safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services 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.
32,2343
Section
2343. 101.143 (2) (L) of the statutes is amended 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) 20.165 (2) (Lm).
32,2344
Section
2344. 101.143 (2e) (a) of the statutes is amended to read:
101.143 (2e) (a) The department of commerce safety and professional services 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 safety and professional services receives notification under sub. (3) (a) 3.
32,2345
Section
2345. 101.143 (2e) (b) of the statutes is amended to read:
101.143 (2e) (b) If the department of commerce safety and professional services 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 safety and professional services and the department of natural resources, jointly, shall promulgate rules incorporating any agreement between the department of commerce safety and professional services 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.
32,2346
Section
2346. 101.143 (2e) (c) of the statutes is amended to read:
101.143 (2e) (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce safety and professional services 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 safety and professional services receives notification under sub. (3) (a) 3.
32,2347
Section
2347. 101.143 (2m) of the statutes is amended to read:
101.143 (2m) Interdepartmental coordination. Whenever the department of commerce safety and professional services receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.
32,2348
Section
2348. 101.143 (3) (c) 4. of the statutes is amended to read:
101.143 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce safety and professional services that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.
32,2349
Section
2349. 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 safety and professional services, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of natural attenuation of petroleum product contamination.
32,2350
Section
2350. 101.143 (3) (cp) 1. of the statutes is amended to read:
101.143 (3) (cp) 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 safety and professional services 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 safety and professional services shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).
32,2351
Section
2351. 101.143 (3) (cp) 2. of the statutes is amended to read:
101.143 (3) (cp) 2. The department of commerce safety and professional services 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.
32,2352
Section
2352. 101.143 (3) (cp) 5. of the statutes is amended to read:
101.143 (3) (cp) 5. The department of commerce safety and professional services or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department.
32,2353
Section
2353. 101.143 (3) (cp) 6. of the statutes is amended to read:
101.143 (3) (cp) 6. The department of commerce safety and professional services 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.
32,2354
Section
2354. 101.143 (3) (cp) 7. of the statutes is amended to read:
101.143 (3) (cp) 7. The department of commerce safety and professional services 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.
32,2355
Section
2355. 101.143 (3) (cs) 1. of the statutes is amended to read:
101.143 (3) (cs) 1. The department of commerce safety and professional services 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.
32,2356
Section
2356. 101.143 (3) (cs) 2. of the statutes is amended to read:
101.143 (3) (cs) 2. The department of natural resources and the department of commerce safety and professional services 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.
32,2357
Section
2357. 101.143 (3) (cs) 3. of the statutes is amended to read:
101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
32,2358
Section
2358. 101.143 (3) (cs) 4. of the statutes is amended to read:
101.143 (3) (cs) 4. The department of commerce safety and professional services 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 safety and professional services 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.
32,2359
Section
2359. 101.143 (3) (cw) 1. of the statutes is amended to read:
101.143 (3) (cw) 1. The department of commerce safety and professional services 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.
32,2360
Section
2360. 101.143 (3) (cw) 2. of the statutes is amended to read:
101.143 (3) (cw) 2. The department of natural resources and the department of commerce safety and professional services 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.
32,2361
Section
2361. 101.143 (3) (cw) 3. of the statutes is amended to read:
101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
32,2362
Section
2362. 101.143 (3) (cw) 4. of the statutes is amended to read:
101.143 (3) (cw) 4. The department of commerce safety and professional services 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 safety and professional services 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.
32,2363
Section
2363. 101.143 (3) (d) of the statutes is amended to read:
101.143 (3) (d) 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 safety and professional services 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.
32,2364
Section
2364. 101.143 (3) (f) 5. of the statutes is amended to read:
101.143 (3) (f) 5. The written approval of the department of natural resources or the department of commerce safety and professional services under par. (c) 4.
32,2365
Section
2365. 101.143 (3) (g) of the statutes is 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 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 safety and professional services and the department of natural resources of the emergency and the department of commerce safety and professional services and the department of natural resources authorized emergency action.
32,2366
Section
2366. 101.143 (4) (a) 6. of the statutes is amended to read:
101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems described in par. (ei).
32,2367
Section
2367. 101.143 (4) (a) 7. of the statutes is amended to read:
101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.
32,2368
Section
2368. 101.143 (4) (cc) 2. b. of the statutes is amended to read:
101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 238.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.
32,2369
Section
2369. 101.143 (4) (ei) 2m. of the statutes is amended to read:
101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce safety and professional services or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.
32,2370
Section
2370. 101.143 (4) (es) 1. of the statutes is amended to read:
101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce safety and professional services or the department of natural resources and no discharge or contamination is found.
32,2371
Section
2371. 101.144 (3) (b) of the statutes is amended to read:
101.144 (3) (b) The department of commerce safety and professional services requests the department of natural resources to take the action or issue the order.
32,2372
Section
2372. 101.144 (3) (c) of the statutes is amended to read:
101.144 (3) (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce safety and professional services.
32,2373
Section
2373. 101.144 (3g) (a) of the statutes is amended to read:
101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce safety and professional services 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 this paragraph. The department of commerce safety and professional services shall promulgate rules incorporating any agreement between the department of commerce safety and professional services 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.
32,2374
Section
2374. 101.144 (3g) (b) of the statutes is amended to read:
101.144 (3g) (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services shall revise the rules using the procedure for promulgating the rules in par. (a).
32,2375
Section
2375. 101.144 (3m) (a) (intro.) of the statutes is amended to read:
101.144 (3m) (a) (intro.) The department of commerce safety and professional services and the department of natural resources shall enter into a memorandum of understanding that does all of the following:
32,2376
Section
2376. 101.144 (3m) (b) of the statutes is amended to read:
101.144 (3m) (b) The department of commerce safety and professional services and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.
32,2377
Section
2377. 101.149 (6) (b) of the statutes is amended to read:
101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of commerce safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under sub. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of commerce safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.
32,2378
Section
2378. 101.149 (8) (a) of the statutes is amended to read:
101.149 (8) (a) If the department of commerce safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.
32,2378m
Section 2378m. 101.19 (1) (k) of the statutes is amended to read:
101.19 (1) (k) Administering subch. VII, except that the department may not charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c) or a conveyance operation permit under s. 101.983 (2) for a platform lift, stairway chair lift, or any other lift in a private residence.
32,2379
Section
2379. 101.563 (2) (b) 1. of the statutes is amended to read:
101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the secretary of administration under s. 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the secretary of administration shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The secretary of administration may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).
32,2380
Section
2380. 101.563 (2) (b) 2. of the statutes is amended to read:
101.563 (2) (b) 2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.
32,2381
Section
2381. 101.573 (3) (a) of the statutes is amended to read:
101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.
