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1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 552
October 31, 1995 - Offered by
Committee on Environment and Utilities.
AB552-ASA1,1,2
1An Act to create 895.55 of the statutes;
relating to: granting civil immunity for
2responses to an oil discharge.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB552-ASA1,1,4
4895.55 Liability exemption; oil discharge control. (1) In this section:
AB552-ASA1,1,65
(a) "Damages" means those damages specified in
33 USC 2702 (b) (2) and
6includes the cost of assessing those damages.
AB552-ASA1,1,87
(b) "Discharge" means, but is not limited to, spilling, leaking, pumping,
8pouring, emitting, emptying or dumping.
AB552-ASA1,1,119
(c) "Federal on-scene coordinator" means the federal official designated by the
10federal environmental protection agency or the U.S. coast guard to coordinate and
11direct responses under the national contingency plan.
AB552-ASA1,1,1312
(d) "National contingency plan" means the plan prepared and published under
1333 USC 1321 (d).
AB552-ASA1,2,2
1(e) "Oil" means petroleum, hydrocarbon, vegetable or mineral oil of any kind
2or in any form and includes oil mixed with wastes other than dredged spoil.
AB552-ASA1,2,53
(f) "Person" means an individual, owner, operator, corporation, limited liability
4company, partnership, association, municipality, interstate agency, state agency or
5federal agency.
AB552-ASA1,2,96
(g) "Removal" means the containment and elimination of oil from water,
7shorelines and beaches or the taking of other actions, including disposal, as may be
8necessary to minimize or mitigate damages to public health and welfare, including
9to fish, shellfish, wildlife and public or private property, shorelines and beaches.
AB552-ASA1,2,1210
(h) "Removal costs" means the costs of removal that are incurred after an oil
11discharge occurs or, if there is a substantial threat of an oil discharge, the costs to
12prevent, minimize or mitigate an oil discharge.
AB552-ASA1,2,1413
(i) "State contingency plan" means the plan prepared and published under s.
14144.76 (5).
AB552-ASA1,2,18
15(2) Notwithstanding ss. 29.626, 29.65, 30.298 (5), 144.442 (9), 144.76 (7),
16147.23, 166.215 (3), 166.22 (4) and 895.57 (2), a person is immune from liability for
17damages resulting from the person's acts or omissions and for the removal costs
18resulting from the person's acts or omissions if all of the following conditions are met:
AB552-ASA1,2,2219
(a) Those acts or omissions were taken while rendering assistance, advice or
20care related to the threat of an oil discharge into the navigable waters of this state
21or related to the removal of oil resulting from an oil discharge into the navigable
22waters of this state.
AB552-ASA1,2,2523
(b) The assistance, advice or care was consistent with the national contingency
24plan or the state contingency plan or was otherwise directed by the federal on-scene
25coordinator or the secretary of natural resources.
AB552-ASA1,3,1
1(3) The immunity under sub. (2) does not extend to any person:
AB552-ASA1,3,52
(a) Who is required to act under s. 144.76 (3) because the person possessed or
3controlled the oil that was initially discharged into the navigable waters of this state
4or caused the initial discharge or initial threat of discharge of the oil into the
5navigable waters of this state.
AB552-ASA1,3,76
(b) Whose act or omission involves gross negligence or reckless, wanton or
7intentional misconduct.
AB552-ASA1,3,88
(c) Who causes personal injury or wrongful death.
AB552-ASA1,3,10
9(4) A person under sub. (3) (a) is liable for any damages or removal costs that
10another person is immune from under sub. (2).
AB552-ASA1,3,12
11(5) Nothing in this section affects the responsibility of a person under sub. (3)
12(a) to fulfill that person's requirements under s. 144.76.
AB552-ASA1,3,15
14(1) This act first applies to acts or omissions occurring on the effective date of
15this subsection.
