20,1599p
Section 1599p. 101.055 (3) (a) of the statutes is amended to read:
101.055 (3) (a) The department shall adopt, by administrative rule, standards to protect the safety and health of public employees. The standards shall provide protection at least equal to that provided to private sector employees under standards promulgated by the federal occupational safety and health administration, but no rule may be adopted by the department which defines a substance as a "toxic substance" solely because it is listed in the latest printed edition of the national institute for occupational safety and health registry of toxic effects of chemical substances. The department shall revise the safety and health standards adopted for public employees as necessary to provide protection at least equal to that provided to private sector employees under federal occupational safety and health administration standards, except as otherwise provided in this paragraph. Notwithstanding ss. 35.93 and 227.21, if the standards adopted by the department are identical to regulations adopted by a federal agency, the standards need not be duplicated
published in full in the Wisconsin administrative code and register as provided in ss. 35.93 and 227.21 if the identical federal regulations are made available to the public at a reasonable cost, and promulgated in accordance with ch. 227, except s. 227.21, and distributed in accordance with s. 35.84. The department may provide to the legislative reference bureau one or more Web addresses to provide electronic access to any standards adopted under this paragraph for publication in conjunction with the publication of the Wisconsin administrative code and register under s. 35.93.
20,1600
Section
1600. 101.09 (title) of the statutes is repealed.
20,1601
Section
1601. 101.09 (1) (intro.) of the statutes is renumbered 168.21 (intro.) and amended to read:
168.21 Definitions. (intro.) In this
section subchapter:
20,1602
Section
1602. 101.09 (1) (a) of the statutes is renumbered 168.21 (1).
20,1603
Section
1603. 101.09 (1) (am) of the statutes is renumbered 168.21 (3).
20,1604
Section
1604. 101.09 (1) (b) of the statutes is renumbered 168.21 (4).
20,1605
Section
1605. 101.09 (1) (c) of the statutes is renumbered 168.21 (5).
20,1606
Section
1606. 101.09 (1) (cm) of the statutes is renumbered 168.21 (6).
20,1607
Section
1607. 101.09 (1) (d) of the statutes is renumbered 168.21 (7).
20,1608
Section
1608. 101.09 (2) (title) of the statutes is renumbered 168.22 (title).
20,1609
Section
1609. 101.09 (2) (a) of the statutes is renumbered 168.22 (1) and amended to read:
168.22 (1) Except as provided under pars. (b) to (d) subs. (2) to (5), every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under sub. (3) s. 168.23.
20,1610
Section
1610. 101.09 (2) (b) of the statutes is renumbered 168.22 (2) and amended to read:
168.22 (2) This section subchapter does not apply to storage tanks which require a hazardous waste license under s. 291.25.
20,1611
Section
1611. 101.09 (2) (c) of the statutes is renumbered 168.22 (3) and amended to read:
168.22 (3) This section subchapter does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.
20,1612
Section
1612. 101.09 (2) (cm) (intro.) of the statutes is renumbered 168.22 (4) (intro.) and amended to read:
168.22 (4) (intro.) Any rules promulgated under sub. (3) s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:
20,1613
Section
1613. 101.09 (2) (cm) 1. to 3. of the statutes are renumbered 168.22 (4) (a) to (c).
20,1614
Section
1614. 101.09 (2) (d) of the statutes is renumbered 168.22 (5) and amended to read:
168.22
(5) This
section subchapter does not apply to a pressurized natural gas pipeline system regulated under
49 CFR 192 and
193.
20,1615
Section
1615. 101.09 (3) (title) of the statutes is renumbered 168.23 (title).
20,1616
Section
1616. 101.09 (3) (a) of the statutes is renumbered 168.23 (1).
20,1617
Section
1617. 101.09 (3) (b) of the statutes is renumbered 168.23 (2) and amended to read:
168.23 (2) The department may transfer any information which the department receives under par. (a)
sub. (1) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under par. (a) sub. (1), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.
20,1618
Section
1618. 101.09 (3) (c) of the statutes is renumbered 168.23 (3) and amended to read:
168.23 (3) The rule promulgated under par. (a) sub. (1) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration. The department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay any fee that may be charged pursuant to such a rule.
20,1619
Section
1619. 101.09 (3) (d) of the statutes is renumbered 168.23 (4) and amended to read:
168.23 (4) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c) sub. (3).
20,1620
Section
1620. 101.09 (3m) (title) of the statutes is renumbered 168.24 (title).
20,1621
Section
1621. 101.09 (3m) (a) of the statutes is renumbered 168.24 (1) and amended to read:
168.24 (1) In this subsection section, "hazardous substance" means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.
20,1622
Section
1622. 101.09 (3m) (b) of the statutes is renumbered 168.24 (2) and amended to read:
168.24 (2) The department may not impose any requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps, if the pipe connections were installed or in place on or before February 1, 2009. This subsection section does not apply after December 31, 2020.
20,1623
Section
1623. 101.09 (4) (title) of the statutes is renumbered 168.25 (title).
20,1624
Section
1624. 101.09 (4) (a) of the statutes is renumbered 168.25 (1) and amended to read:
168.25 (1) The department shall enforce this section subchapter.
20,1625
Section
1625. 101.09 (4) (b) of the statutes is renumbered 168.25 (2) and amended to read:
168.25 (2) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this section
subchapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.
20,1626
Section
1626. 101.09 (4) (c) of the statutes is renumbered 168.25 (3).
20,1627
Section
1627. 101.09 (5) of the statutes is renumbered 168.26 and amended to read:
168.26 Penalties. Any person who violates this section subchapter or any rule or order adopted under this section subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section subchapter or any rule or order under this
section subchapter constitutes a separate offense and each day of continued violation is a separate offense.
20,1628
Section
1628. 101.1206 (1) of the statutes is amended to read:
101.1206 (1) The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.01 (11).
20,1629
Section
1629. 101.14 (5) (a) of the statutes is renumbered 168.23 (5) (a) and amended to read:
168.23 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am) 168.21 (3), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
20,1630
Section
1630. 101.14 (5) (b) of the statutes is renumbered 168.23 (5) (b) and amended to read:
168.23 (5) (b) Notwithstanding par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am)
168.21 (3), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).
20,1631
Section
1631. 101.142 (title) and (1) (intro.) of the statutes are renumbered 168.28 (title) and (1) (intro.).
20,1632
Section
1632. 101.142 (1) (a) of the statutes is renumbered 168.28 (1) (a) and amended to read:
168.28 (1) (a) "Petroleum Notwithstanding s. 168.01 (3), "petroleum product" means materials derived from petroleum, natural gas, or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases, and petrochemicals.
20,1633
Section
1633. 101.142 (1) (b) and (2) of the statutes are renumbered 168.28 (1) (b) and (2).
20,1634
Section
1634. 101.143 (title) and (1) (intro.) and (ad) of the statutes are renumbered 292.63 (title) and (1) (intro.) and (ad).
20,1635
Section
1635. 101.143 (1) (am) of the statutes is repealed.
20,1636
Section
1636. 101.143 (1) (b) of the statutes is repealed.
20,1637
Section
1637. 101.143 (1) (bm) to (i) of the statutes are renumbered 292.63 (1) (bm) to (i).
20,1638
Section
1638. 101.143 (1m) of the statutes is renumbered 292.63 (1m).
20,1639
Section
1639. 101.143 (2) (title) and (b) and (c) of the statutes are renumbered 292.63 (2) (title) and (b) and (c).
20,1640
Section
1640. 101.143 (2) (d) of the statutes is renumbered 292.63 (2) (d) and amended to read:
292.63 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.165 (2) (v) 20.370 (6) (fr) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.
20,1641
Section
1641. 101.143 (2) (e) to (g) of the statutes are renumbered 292.63 (2) (e) to (g).
20,1642
Section
1642. 101.143 (2) (h) of the statutes is renumbered 292.63 (2) (h), and 292.63 (2) (h) (intro.) and 3., as renumbered, are amended to read:
292.63 (2) (h) (intro.) The department
of 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:
3. Review procedures that must be followed by employees of the department of natural resources and the department of commerce in reviewing the information submitted under subd. 1.
20,1643
Section
1643. 101.143 (2) (i) of the statutes is renumbered 292.63 (2) (i), and 292.63 (2) (i) (intro.) and 1., as renumbered, are amended to read:
292.63 (2) (i) (intro.) The department of 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 safety and professional services and the department of natural resources while remedial actions are being conducted. The departments department shall specify procedures that include all of the following:
1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b)
(a) to determine the risk posed by discharges that are the subject of the remedial actions.
20,1644
Section
1644. 101.143 (2) (j) of the statutes is renumbered 292.63 (2) (j), and 292.63 (2) (j) (intro.) and 1., as renumbered, are amended to read:
292.63 (2) (j) (intro.) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following:
1. The conditions under which employees of the department of commerce and the department of natural resources must issue approvals under sub. (3) (c) 4.
20,1645
Section
1645. 101.143 (2) (k) of the statutes is repealed.
20,1646b
Section 1646b. 101.143 (2) (L) of the statutes is repealed.
20,1647
Section
1647. 101.143 (2e) (title) of the statutes is renumbered 292.63 (2e) (title).
20,1648
Section
1648. 101.143 (2e) (a) of the statutes is renumbered 292.63 (2e) (a) and amended to read:
292.63 (2e) (a) The department of safety and professional services and the department of natural resources shall attempt to agree on promulgate rules that specify 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 safety and professional services receives notification under sub. (3) (a) 3.
20,1649
Section
1649. 101.143 (2e) (b) of the statutes is repealed.
20,1650
Section
1650. 101.143 (2e) (c) of the statutes is renumbered 292.63 (2e) (c) and amended to read:
292.63 (2e) (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services shall apply the method in the rules promulgated under par. (b) (a) to determine the risk posed by a discharge for which the department of safety and professional services receives notification under sub. (3) (a) 3.
20,1651
Section
1651. 101.143 (2m) of the statutes is repealed.
20,1652
Section
1652. 101.143 (3) (title) and (a) of the statutes are renumbered 292.63 (3) (title) and (a), and 292.63 (3) (a) 4., 5. and 9., as renumbered, are amended to read:
292.63 (3) (a) 4. The owner or operator registers the petroleum product storage system or the home oil tank system is registered with the department of agriculture, trade and consumer protection under s. 101.09
168.23.
5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency management in the department of military affairs or to the department of natural resources, according to the requirements under s. 292.11.
9. The owner or operator or the person follows standards for groundwater restoration in the groundwater standards in the rules promulgated by the department of natural resources under ss. 160.07 and 160.09 and restores the environment, to the extent practicable, according to those standards at the site of the discharge from a petroleum product storage system or home oil tank system.
20,1653
Section
1653. 101.143 (3) (ae) of the statutes is renumbered 292.63 (3) (ae) and amended to read:
292.63
(3) (ae)
New systems. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system that meets the performance standards in
40 CFR 280.20 or in rules
promulgated by of the department
of agriculture, trade and consumer protection relating to underground petroleum product storage tank systems installed after December 22, 1988, if the discharge is confirmed after December 31, 1995.
20,1654
Section
1654. 101.143 (3) (ah) of the statutes is renumbered 292.63 (3) (ah) and amended to read:
292.63 (3) (ah) New aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by of the department
of agriculture, trade and consumer protection relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, if the discharge is confirmed after December 22, 2001.
