Amendment ASA-AB150

AB150-ASA,1253,7 101.143 (title) Petroleum storage remedial action; financial assistance.

AB150-ASA, s. 3666 Section 3666. 101.143 (2) (d) of the statutes is amended to read:

AB150-ASA,1253,12 101.143 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.445 (1) 20.143 (3) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.

AB150-ASA, s. 3667 Section 3667. 101.143 (2m) of the statutes is amended to read:

AB150-ASA,1253,19 101.143 (2m) Interdepartmental coordination. Whenever the department of industry, labor and human relations development receives a notification under sub. (3) (a) 3. or the department of natural resources receives a notification of a petroleum product discharge under s. 144.76, 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.

AB150-ASA, s. 3668 Section 3668. 101.143 (3) (ae) 1. of the statutes is amended to read:

AB150-ASA,1254,2 101.143 (3) (ae) 1. 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 a petroleum product storage system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, except as provided in subd. 2.

AB150-ASA, s. 3669 Section 3669. 101.143 (3) (ae) 2. of the statutes is amended to read:

AB150-ASA,1254,18 101.143 (3) (ae) 2. If a petroleum product storage system or home oil tank system that meets the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system is installed and the department of natural resources does not issue a case closure letter with respect to that discharge before the installation date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the installation of the petroleum product storage system or home oil tank system, whichever is earlier.

AB150-ASA, s. 3670 Section 3670. 101.143 (3) (am) 1. of the statutes is amended to read:

AB150-ASA,1255,3 101.143 (3) (am) 1. 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 a petroleum product storage system or a home oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, except as provided in subds. 2. to 4.

AB150-ASA, s. 3671 Section 3671. 101.143 (3) (am) 2. of the statutes is amended to read:

AB150-ASA,1255,18 101.143 (3) (am) 2. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the petroleum product storage system or home oil tank system within 30 days after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements.

AB150-ASA, s. 3672 Section 3672. 101.143 (3) (am) 4. of the statutes is amended to read:

AB150-ASA,1256,9 101.143 (3) (am) 4. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after April 30, 1991, and is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.

AB150-ASA, s. 3673 Section 3673. 101.143 (3) (as) 4. of the statutes is amended to read:

AB150-ASA,1257,2 101.143 (3) (as) 4. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system that does not meet the performance standards in 40 CFR 280.20 or s. ILHR 10.51, Wis. adm. code in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, and that, at the time of that discharge, does not meet the upgrading requirements in 40 CFR 280.21 (b) to (d) or s. ILHR 10.52 (2) to (4), Wis. adm. code in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of any later petroleum product discharge from the same petroleum product storage system or home oil tank system and within the same area which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, whichever is earlier.

AB150-ASA, s. 3673p Section 3673p. 101.143 (3) (bm) of the statutes is amended to read:

AB150-ASA,1257,10 101.143 (3) (bm) Agents. Except as provided in par. (bn), an owner or operator or a person owning a home oil tank system may enter into a written agreement with another a county or any other person under which that county or other person acts as an agent for the owner or operator or person owning a home oil tank system in conducting the activities required under par. (c). The owner or operator or person owning a home oil tank system and the agent shall jointly submit the claim for an award under sub. (4).

AB150-ASA, s. 3674 Section 3674. 101.143 (3) (c) 4. of the statutes is amended to read:

AB150-ASA,1257,15 101.143 (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 development that the remedial action activities performed under subd. 3. meet the requirements of s. 144.76.

AB150-ASA, s. 3675 Section 3675. 101.143 (3) (cm) of the statutes is amended to read:

AB150-ASA,1257,22 101.143 (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 development, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation of petroleum product contamination.

AB150-ASA, s. 3676 Section 3676. 101.143 (3) (d) of the statutes is amended to read:

AB150-ASA,1258,9 101.143 (3) (d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of development shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of s. 144.76. The advice is not an approval of the remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of development shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department of natural resources that the remedial action activities are completed.

AB150-ASA, s. 3677b Section 3677b. 101.143 (3) (e) of the statutes is amended to read:

AB150-ASA,1258,12 101.143 (3) (e) Notifications. The department of natural resources shall notify the department when it gives the a claimant written approval under par. (c) 4.

AB150-ASA, s. 3678 Section 3678. 101.143 (3) (f) 5. of the statutes is amended to read:

AB150-ASA,1258,15 101.143 (3) (f) 5. The written approval of the department of natural resources or the department of development under par. (c) 4.

AB150-ASA, s. 3679 Section 3679. 101.143 (4) (a) 6. of the statutes is amended to read:

AB150-ASA,1258,19 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (v) as awards for petroleum product storage systems described in par. (ei) 1.

AB150-ASA, s. 3680 Section 3680. 101.143 (4) (a) 7. of the statutes is amended to read:

AB150-ASA,1258,24 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.445 (1) 20.143 (3) (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.

AB150-ASA, s. 3680n Section 3680n. 101.143 (4) (dm) 1. of the statutes is amended to read:

AB150-ASA,1259,9 101.143 (4) (dm) 1. The department shall issue an award under this paragraph for a claim for eligible costs, under par. (b), incurred on or after May 7, 1994 August 1, 1987, and before July 1, 1998, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998.

AB150-ASA, s. 3680p Section 3680p. 101.143 (4) (dm) 5. of the statutes is created to read:

AB150-ASA,1259,20 101.143 (4) (dm) 5. The department shall recalculate all awards issued under par. (e) before the effective date of this subdivision .... [revisor inserts date], for eligible costs incurred before May 7, 1994, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system according to the eligibility requirements at the time that the awards were made except that the awards shall be subject to the deductible amounts under subd. 2. and the maximum amounts under subds. 3. and 4. The department shall issue an award under this subdivision for the difference between the award as recalculated under this subdivision and the award issued before the effective date of this subdivision .... [revisor inserts date].

AB150-ASA, s. 3680q Section 3680q. 101.143 (4) (e) 1. a. of the statutes is repealed.

AB150-ASA, s. 3680r Section 3680r. 101.143 (4) (e) 2. of the statutes is amended to read:

AB150-ASA,1260,8 101.143 (4) (e) 2. The department shall issue the award under this paragraph without regard to fault in an amount equal to the amount of the eligible costs that exceeds a deductible amount of $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence, for eligible costs incurred before July 1, 1993, or a deductible amount of $10,000 for eligible costs incurred on or after July 1, 1993 $10,000, except that the deductible amount for a petroleum product storage system that is owned by a school district or a technical college district and that is used for storing heating oil for consumptive use on the premises where stored is 25% of eligible costs and except that the deductible for a petroleum product storage system that is described in par. (ei) 1. is $2,500 plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard to when the eligible costs are incurred.

AB150-ASA, s. 3680s Section 3680s. 101.143 (4) (e) 2m. of the statutes is amended to read:

AB150-ASA,1260,18 101.143 (4) (e) 2m. An award issued under this paragraph may not exceed $195,000 for eligible costs incurred before July 1, 1993, or $190,000 for eligible costs incurred on or after July 1, 1993, $190,000 for each occurrence, except that an award under this paragraph to a school district or a technical college district with respect to a discharge from a petroleum product storage system that is used for storing heating oil for consumptive use on the premises where stored is $190,000 for each occurrence, without regard to when the eligible costs are incurred, and except that an award under this paragraph to the owner or operator of a petroleum product storage system described in par. (ei) 1. may not exceed $100,000 per occurrence.

AB150-ASA, s. 3680t Section 3680t. 101.143 (4) (e) 3. of the statutes is amended to read:

AB150-ASA,1260,23 101.143 (4) (e) 3. The department may not issue awards under this paragraph to an owner or operator for eligible costs incurred in one program year that total more than $195,000 for eligible costs incurred before July 1, 1993, or $190,000, for eligible costs incurred on or after July 1, 1993 $190,000.

AB150-ASA, s. 3682 Section 3682. 101.143 (4) (ei) 1. b. of the statutes is amended to read:

AB150-ASA,1261,5 101.143 (4) (ei) 1. b. The owner or operator of the farm tank has received a letter or notice from the department of development 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.

AB150-ASA, s. 3683 Section 3683. 101.143 (4) (es) 1. of the statutes is amended to read:

AB150-ASA,1261,13 101.143 (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 industry, labor and human relations development or the department of natural resources and no discharge or contamination is found.

AB150-ASA, s. 3683g Section 3683g. 101.143 (4e) of the statutes is created to read:

AB150-ASA,1261,21 101.143 (4e) Payments to lenders. (a) Notwithstanding sub. (4) (g), when the department denies a claim under sub. (3) because of fraud, gross negligence or wilful misconduct on the part of an owner or operator, the department shall pay, to a person who loaned money to the owner or operator for the purpose of conducting activities under sub. (3) (c), an amount equal to the amount that would have been paid under sub. (4) for otherwise eligible expenses actually incurred, but not more than the amount specified under par. (b), if all of the following conditions are satisfied:

AB150-ASA,1262,2 1. The lender assigns to the department an interest in the collateral pledged by the owner or operator for the sole purpose of securing the loan that was made to finance the activities under sub. (3) (c). If the amount of the payment under this subsection is less than the amount of the loan, the lender shall assign to the department that fraction of the lender's interest in the collateral that equals the ratio of the amount of the payment under this subsection to the amount of the loan.

AB150-ASA,1262,6 2. For a loan that is made after the effective date of this subdivision .... [revisor inserts date], before the lender made any disbursement of the loan the department provided a letter indicating its preliminary determination that the owner or operator was eligible for an award under sub. (4).

AB150-ASA,1262,10 3. For a loan that is made after the effective date of this subdivision .... [revisor inserts date], claims for payment under sub. (3) are made after completion of the site investigation and remedial action plan, after completion of the remedial action and annually for any continuing maintenance, monitoring and operation costs.

AB150-ASA,1262,14 (b) Payment under this section may not exceed the amount of the loan. If the loan is made after the effective date of this paragraph .... [revisor inserts date], payment under this section may not exceed the amount of the loan disbursements made before the department notifies the lender that the claim may be denied.

AB150-ASA,1262,17 (c) Assignment of an interest in collateral to the department under par. (a) 1. does not deprive a lender of its right to any cause of action arising out of the loan documents.

AB150-ASA,1262,21 (d) Any payments made by the department under this subsection constitute a lien upon the property on which the remedial action is conducted if the department records the lien with the register of deeds in the county in which the property is located.

AB150-ASA, s. 3683m Section 3683m. 101.143 (5) (a) of the statutes is amended to read:

AB150-ASA,1263,3 101.143 (5) (a) Right of action. A right of action under this section shall accrue to the state against an owner, operator or other person only if the owner, operator or other person submits a fraudulent claim or does not meet the requirements under this section and if an award is issued under this section to the owner, operator or other person for eligible costs under this section or if payment is made to a lender under sub. (4e).

AB150-ASA, s. 3685 Section 3685. 101.144 of the statutes is created to read:

AB150-ASA,1263,5 101.144 Petroleum storage tank discharges. (1) In this section:

AB150-ASA,1263,6 (a) "Discharge" has the meaning given in s. 144.76 (1) (a).

AB150-ASA,1263,7 (am) "Hazardous substance" has the meaning given in s. 144.01 (4m).

AB150-ASA,1263,8 (b) "Petroleum product" has the meaning given in s. 101.143 (1) (f).

AB150-ASA,1263,11 (bm) "Petroleum storage tank" means a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system. "Petroleum storage tank" does not include a pipeline facility.

AB150-ASA,1263,15 (c) "Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.

AB150-ASA,1263,18 (d) "Responsible person" means a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located.

AB150-ASA,1264,2 (2) (a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources for the cleanup of discharges of hazardous substances.

AB150-ASA,1264,4 (b) The program under this section covers a discharge of a petroleum product from a petroleum storage tank if all of the following apply:

AB150-ASA,1264,7 1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium priority or low priority, based on the threat that the discharge poses to public health, safety and welfare and to the environment.

AB150-ASA,1264,9 2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product that was discharged from the petroleum storage tank.

AB150-ASA,1264,12 (3) The department of natural resources may take action under s. 144.76 (7) (a) or may issue an order under s. 144.76 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

AB150-ASA,1264,14 (a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

AB150-ASA,1264,16 (b) The department of development requests the department of natural resources to take the action or issue the order.

AB150-ASA,1264,18 (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of development.

AB150-ASA,1264,21 (d) The department of natural resources takes action under s. 144.76 (7) (a) after the responsible person fails to comply with an order that was issued under s. 144.76 (7) (c) in compliance with this subsection.

AB150-ASA,1264,23 (e) The department of natural resources takes the action under s. 144.76 (7) (a) because the identity of the responsible person is unknown.

AB150-ASA,1265,3 (3m) (a) The department of development and the department of natural resources shall enter into a memorandum of understanding that does all of the following:

AB150-ASA,1265,5 1. Establishes the respective functions of the 2 departments in the administration of this section and s. 101.143.

AB150-ASA,1265,7 2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under s. 144.76 (7).

AB150-ASA,1265,10 3. Establishes procedures, standards and schedules for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high priority, medium priority or low priority.

AB150-ASA,1265,14 (b) The department of development 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.

AB150-ASA,1265,17 (4) Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.

AB150-ASA, s. 3686 Section 3686. 101.17 of the statutes is amended to read:

AB150-ASA,1265,25 101.17 Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employes and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with ss. 101.01 to 101.25 this subchapter. Any person violating this section shall be subject to the forfeitures provided in s. 101.02 (12) and (13).

AB150-ASA, s. 3687 Section 3687. 101.22 of the statutes is renumbered 106.04.

AB150-ASA, s. 3688 Section 3688. 101.221 of the statutes is renumbered 106.05, and 106.05 (2), as renumbered, is amended to read:

AB150-ASA,1266,7 106.05 (2) The council shall give consideration to the practical operation and application of ss. 101.22 to 101.222 106.04 to 106.06 and report to the proper legislative committee its view on any pending bill relating to the subject matter of ss. 101.22 to 101.222 106.04 to 106.06.

AB150-ASA, s. 3689 Section 3689. 101.222 of the statutes is renumbered 106.06, and 106.06 (3), as renumbered, is amended to read:

AB150-ASA,1266,12 106.06 (3) All gifts, grants, bequests and devises to the division for its use for any of the purposes mentioned in s. 101.221 106.05 are valid and shall be used to carry out the purposes for which made and received.