Amendment ASA1-AB100

AB100-ASA1,1532,16 289.67 (1) (h) Use of environmental repair fee. The fees collected under par. (b) shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2635 Section 2635. 289.67 (2) (c) 5. of the statutes is created to read:

AB100-ASA1,1532,20 289.67 (2) (c) 5. Hazardous wastes that are collected by a county under a program for the collection and disposal of chemicals that are used for agricultural purposes, including pesticides, as defined in s. 94.67 (25).

AB100-ASA1, s. 2636 Section 2636. 289.67 (2) (e) of the statutes is amended to read:

AB100-ASA1,1532,23 289.67 (2) (e) All moneys received under this subsection shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2637 Section 2637. 289.67 (3) (c) of the statutes is amended to read:

AB100-ASA1,1533,3 289.67 (3) (c) Use of environmental repair base fees. Environmental repair base fees shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2638 Section 2638. 289.67 (4) (c) of the statutes is amended to read:

AB100-ASA1,1533,7 289.67 (4) (c) Use of environmental repair surcharge. Environmental repair surcharges shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2639 Section 2639. 292.01 (18) of the statutes is amended to read:

AB100-ASA1,1533,10 292.01 (18) "Site or facility" means, except in ss. s. 292.35 and 292.61, an approved facility, an approved mining facility, a nonapproved facility or a waste site.

AB100-ASA1, s. 2640 Section 2640. 292.11 (6) (c) 1. of the statutes is amended to read:

AB100-ASA1,1533,13 292.11 (6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2641 Section 2641. 292.11 (7) (d) of the statutes is created to read:

AB100-ASA1,1533,19 292.11 (7) (d) 1. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a person who possesses or controls a hazardous substance that was discharged or who caused the discharge of a hazardous substance if the discharge does not endanger public health.

AB100-ASA1,1533,22 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1.

AB100-ASA1, s. 2642 Section 2642. 292.11 (7) (e) of the statutes is created to read:

AB100-ASA1,1534,3 292.11 (7) (e) If a person violates an order under par. (c) or an agreement under par. (d), the department may refer the matter to the department of justice for enforcement under s. 299.95.

AB100-ASA1, s. 2643 Section 2643. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:

AB100-ASA1,1534,7 292.11 (9) (e) 1. "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4) or a housing authority.

AB100-ASA1, s. 2644 Section 2644. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

AB100-ASA1,1534,12 292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the municipality before, on or after May 13, 1994, in local government unit if any of the following ways applies:

AB100-ASA1, s. 3655m Section 3655m. 292.11 (9) (e) 1m. a. of the statutes is amended to read:

AB100-ASA1,1534,16 292.11 (9) (e) 1m. a. Through The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.

AB100-ASA1, s. 2645 Section 2645. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

AB100-ASA1,1534,20 292.11 (9) (e) 1m. b. From a municipality The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in subd. 1m. a.

AB100-ASA1, s. 3656e Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:

AB100-ASA1,1534,23 292.11 (9) (e) 1m. c. The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.

AB100-ASA1,1534,25 d. The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.

AB100-ASA1, s. 2646 Section 2646. 292.11 (9) (e) 1s. of the statutes is created to read:

AB100-ASA1,1535,9 292.11 (9) (e) 1s. An economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after the effective date of this subdivision .... [revisor inserts date], if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

AB100-ASA1, s. 2647 Section 2647. 292.11 (9) (e) 2. of the statutes is amended to read:

AB100-ASA1,1535,12 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to a discharge of a hazardous substance caused by any of the following:

AB100-ASA1,1535,13 a. An action taken by the municipality local governmental unit or corporation.

AB100-ASA1,1535,16 b. A failure of the municipality local governmental unit or corporation to take appropriate action to restrict access to the property in order to minimize costs or damages that may result from unauthorized persons entering the property.

AB100-ASA1,1535,19 c. A failure of the municipality local governmental unit or corporation to sample and analyze unidentified substances in containers stored aboveground on the property.

AB100-ASA1,1535,23 d. A failure of the municipality local governmental unit or corporation to remove and properly dispose of, or to place in a different container and properly store, any hazardous substance stored aboveground on the property in a container that is leaking or is likely to leak.

AB100-ASA1, s. 2648 Section 2648. 292.11 (9) (e) 3. of the statutes is created to read:

AB100-ASA1,1536,3 292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a discharge of a hazardous substance from an underground storage tank that is regulated under 42 USC 6991 to 6991i.

AB100-ASA1, s. 2649 Section 2649. 292.11 (9) (e) 4. of the statutes is created to read:

AB100-ASA1,1536,11 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the intended development and use of the property, the department determines that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department directs the local governmental unit or corporation to take that necessary action and the local governmental unit or corporation does not take that action as directed.

AB100-ASA1, s. 3660c Section 3660c. 292.11 (9) (e) 5. of the statutes is created to read:

AB100-ASA1,1536,14 292.11 (9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any of the following:

AB100-ASA1,1536,17 a. Respond to a discharge of a hazardous substance that poses an imminent threat to public health, safety or welfare or to the environment, on or off of the property.

AB100-ASA1,1536,20 b. Enter into an agreement with the department to conduct any necessary investigation and remediation activities at the property no later than 3 years after acquiring the property.

AB100-ASA1,1536,24 c. Allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take necessary action to respond to the discharge.

AB100-ASA1, s. 2650 Section 2650. 292.13 of the statutes is created to read:

AB100-ASA1,1537,4 292.13 Property affected by off-site discharge. (1) Exemption from liability. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil or groundwater on property owned by the person if all of the following apply:

AB100-ASA1,1537,6 (a) The discharge of the hazardous substance originated from a source on property that is not possessed or controlled by the person.

AB100-ASA1,1537,8 (b) The person did not possess or control the hazardous substance on the property on which the discharge originated or cause the original discharge.

AB100-ASA1,1537,10 (c) The person conducts an investigation, that the department determines is adequate, to substantiate that pars. (a) and (b) are satisfied.

AB100-ASA1,1537,14 (d) The person agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

AB100-ASA1,1537,19 (e) The person takes any necessary emergency actions to respond to the discharge to prevent an imminent threat to human health, safety or welfare or to the environment and takes all nonemergency immediate or interim actions that are necessary to prevent a new or continuing release of the hazardous substance into the environment.

AB100-ASA1,1537,21 (f) The person agrees to avoid any interference with action undertaken to respond to the discharge to avoid actions that worsen the discharge.

AB100-ASA1,1537,24 (g) The person agrees to any other condition that the department determines is reasonable and necessary to ensure that the department or other person described in par. (d) can adequately respond to the discharge.

AB100-ASA1,1538,6 (2) Determinations concerning liability. The department shall, upon request, issue a written determination that a person owning property on which a hazardous substance exists in the soil or groundwater is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if the person satisfies the requirements in sub. (1). The department may revoke its determination if it determines that any of the requirements in sub. (1) cease to be met.

AB100-ASA1,1538,8 (3) Fees. The department may, in accordance with rules that it promulgates, assess and collect fees to offset the costs of issuing determinations under sub. (2).

AB100-ASA1, s. 2651 Section 2651. 292.15 (title) of the statutes is amended to read:

AB100-ASA1,1538,11 292.15 (title) Remediated property; purchaser Voluntary party remediation and exemption from liability.

AB100-ASA1, s. 2652 Section 2652. 292.15 (1) (c) (intro.) of the statutes is repealed.

AB100-ASA1, s. 2653 Section 2653. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.

AB100-ASA1, s. 2654 Section 2654. 292.15 (1) (c) 2. of the statutes is repealed.

AB100-ASA1, s. 2655 Section 2655. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1. and amended to read:

AB100-ASA1,1538,18 292.15 (1) (f) 1. The person did not otherwise cause the release discharge of a hazardous substance on the property.

AB100-ASA1, s. 2656 Section 2656. 292.15 (1) (f) (intro.) of the statutes is created to read:

AB100-ASA1,1538,21 292.15 (1) (f) (intro.) "Voluntary party" means a person to whom all of the following apply:

AB100-ASA1, s. 2657 Section 2657. 292.15 (1) (f) 2. of the statutes is created to read:

AB100-ASA1,1538,24 292.15 (1) (f) 2. The person did not control, prior to its discharge, a hazardous substance that was discharged on the property.

AB100-ASA1, s. 2658 Section 2658. 292.15 (2) (a) of the statutes is amended to read:

AB100-ASA1,1539,7 292.15 (2) (a) A purchaser Except as provided in sub. (6), a voluntary party is exempt from the provisions of s. ss. 289.05 (1), (2) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence of a hazardous substance on the property the release of which occurred prior to the date of acquisition of the property, if all of the following occur at any time before or after the date of acquisition:

AB100-ASA1,1539,12 1. The purchaser conducts a thorough An environmental investigation of the property is conducted that is approved by the department or the person from whom the purchaser acquires the property conducts a thorough environmental investigation of the property under a contract with the purchaser and the investigation is approved by the department.

AB100-ASA1,1539,17 2. Except as provided in sub. (4), the purchaser cleans up the property is cleaned up by restoring the environment to the extent practicable and minimizing the harmful effects from a release discharge of a the hazardous substance in accordance with rules promulgated by the department and any contract entered into under those rules.

AB100-ASA1,1539,21 3. The purchaser voluntary party obtains a certification certificate of completion from the department that the property has been satisfactorily restored to the extent practicable and that the harmful effects from a release discharge of a hazardous substance have been minimized.

AB100-ASA1,1539,24 4. The purchaser voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

AB100-ASA1,1540,2 5. The purchaser voluntary party does not engage in activities that are inconsistent with the maintenance of the property.

AB100-ASA1,1540,7 6. The purchaser voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the purchaser voluntary party knew or should have known about more environmental pollution discharges of hazardous substances than was were revealed by the investigation conducted under subd. 1.

AB100-ASA1, s. 2659 Section 2659. 292.15 (2) (am) of the statutes is created to read:

AB100-ASA1,1540,16 292.15 (2) (am) The department may approve a partial cleanup and issue a certificate of completion as provided in par. (a) that states that not all of the property has been satisfactorily restored or that not all of the harmful effects from a discharge of a hazardous substance have been minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property or hazardous substances cleaned up under this paragraph. In addition to meeting the requirements of par. (a), a certificate for a partial cleanup under this paragraph may be issued only if:

AB100-ASA1,1540,21 1. Public health, safety or the environment will not be endangered by any hazardous substances remaining on or off the property after the partial cleanup, given the manner in which the property will be developed and used and any other factors that the department considers relevant to the endangerment of public health, safety or the environment.

AB100-ASA1,1540,25 2. The activities associated with any proposed use or development of the property will not aggravate or contribute to the discharge of a hazardous substance and will not unduly interfere with, or increase the costs of, restoring the property and minimizing the harmful effects of the discharge of a hazardous substance.

AB100-ASA1,1541,5 3. The owner of the property agrees to cooperate with the department to address problems caused by hazardous substances remaining on the property. Such cooperation shall include allowing access to the property or allowing the department or its authorized representatives to undertake activities on the property, including placement of borings, equipment and structures on the property.

AB100-ASA1, s. 2660 Section 2660. 292.15 (2) (ar) of the statutes is created to read:

AB100-ASA1,1541,9 292.15 (2) (ar) The department may require the owner of the property to grant an easement or other interest in the property for any of the purposes specified in par. (am) as a condition of issuing a certificate under par. (am).

AB100-ASA1, s. 2661 Section 2661. 292.15 (2) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1541,14 292.15 (2) (b) (intro.) The exemption exemptions provided in par. pars. (a) continues and (am) continue to apply after the date of certification by the department under par. (a) 3., or approval by the department under par. (am), notwithstanding the occurrence of any of the following:

AB100-ASA1, s. 2662 Section 2662. 292.15 (2) (b) 1. to 3. of the statutes are amended to read:

AB100-ASA1,1541,18 292.15 (2) (b) 1. Statutes, rules or regulations are created or amended that would impose greater responsibilities on the purchaser voluntary party than those imposed under par. (a) 2.

AB100-ASA1,1541,22 2. The purchaser voluntary party fully complies with the rules promulgated by the department and any contract entered into under those rules under par. (a) 2. but it is discovered that the cleanup fails to fully restore the environment and minimize the effects from a release discharge of a hazardous substance.

AB100-ASA1,1541,25 3. The contamination from a hazardous substance that is the subject of the cleanup under par. (a) 2. is discovered to be more extensive than anticipated by the purchaser voluntary party and the department.