Amendment ASA1-AB100

AB100-ASA1,1545,4 (h) A steering committee of local public and private representatives was formed to address the contamination caused by the landfill in a cooperative effort with the department that prevented the landfill from being listed on the national priority list under 42 USC 9605 (a) (8) (B).

AB100-ASA1,1545,6 (i) The remedial action approved by the department authorized a recreational use for the property and was completed by December 31, 1995.

AB100-ASA1,1545,12 (4) Scope of exemption. An approval by the department under sub. (3) exempts the municipality from liability imposed under ss. 289.05, 289.41, 289.46, 289.95, 291.37, 291.85 (2), 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, based on the municipality's ownership of the property. The exemption does not apply to any liability based on hazardous substances for which the municipality is responsible as a generator or transporter.

AB100-ASA1,1545,14 (5) Requirements. If the department approves a municipality's application under sub. (3), the municipality shall do all of the following:

AB100-ASA1,1545,17 (a) Obtain the prior approval of the department for any proposed uses of the property, for any physical disturbance of the soil and for any construction on the property.

AB100-ASA1,1545,20 (b) Allow access to the property by any person who is required to conduct monitoring, to operate and maintain equipment or to undertake remedial action in connection with the closed landfill.

AB100-ASA1, s. 2669 Section 2669. 292.19 of the statutes is created to read:

AB100-ASA1,1546,2 292.19 Responsibility of persons conducting investigations. (1) For purposes of this chapter, a person who conducts an investigation of property to determine the existence of, or to obtain information about, a discharge of a hazardous substance does not possess or control the hazardous substance or cause the discharge of the hazardous substance as the result of conducting the investigation.

AB100-ASA1,1546,6 (2) If the person who conducts the investigation physically causes a discharge or exacerbates an existing discharge, sub. (1) does not apply with respect to the portion of the property on which the person causes the discharge or exacerbates the existing discharge.

AB100-ASA1, s. 3680g Section 3680g. 292.21 (1) (c) 1. b. of the statutes is repealed.

AB100-ASA1, s. 3680m Section 3680m. 292.21 (1) (c) 1. bm. of the statutes is created to read:

AB100-ASA1,1546,11 292.21 (1) (c) 1. bm. The lender complies with all applicable state and federal requirements, whichever are more restrictive, relating to the removal of underground storage tanks, if any, on the property.

AB100-ASA1, s. 2670 Section 2670. 292.21 (1) (c) 1. d. of the statutes is amended to read:

AB100-ASA1,1547,7 292.21 (1) (c) 1. d. The lender conducts an environmental assessment of the real property in accordance with subd. 2. at any time, but not more than 90 days after the date the lender acquires title to, or possession or control of, the real property and files. The lender shall file a complete copy of the environmental assessment with the department not more than 180 days after the date the lender acquires title to, or possession or control of, the real property. If an environmental assessment is conducted more than one year before the date on which the lender acquires title to, or possession or control of, the real property, the exemption under this subd. 1. d. applies only if the lender does all of the following: visually inspects the property in accordance with subd. 2. a. and b. after the date on which the lender acquires title to, or possession or control of, the real property to verify the environmental assessment; submits a complete copy of the environmental assessment and the results of the visual inspection to the department not later than 90 days after the lender acquires title to, or possession or control of, the real property; receives notice from the department that the department determines that the environmental assessment is adequate or that the department directs the lender to address any inadequacies in the environmental assessment; corrects, to the satisfaction of the department, any inadequacies of an environmental assessment; and reimburses the department for the cost to the department of reviewing materials submitted under this subd. 1. d.

AB100-ASA1, s. 3682b Section 3682b. 292.21 (1) (c) 1. g. of the statutes is created to read:

AB100-ASA1,1547,15 292.21 (1) (c) 1. g. The lender agrees in writing to allow any officer, employe or authorized representative of the department, the person who may have possessed or controlled a hazardous substance that is discharged, or who may have caused the discharge of a hazardous substance, on the property and such person's authorized consultant or contractor to enter onto the property at reasonable times and upon notice to the lender to take appropriate response actions in response to the discharge of the hazardous substance on the property.

AB100-ASA1, s. 3683g Section 3683g. 292.26 of the statutes is created to read:

AB100-ASA1,1547,18 292.26 Civil immunity; local governmental units. (1) In this section, "local governmental unit" has the meaning given in s. 292.11 (9) (e) 1.

AB100-ASA1,1547,23 (2) Except as provided in sub. (3), a local governmental unit is immune from civil liability related to the discharge of a hazardous substance on or from property formerly owned or controlled by the local governmental unit if the property is no longer owned by the local governmental unit at the time that the discharge is discovered and if any of the following applies:

AB100-ASA1,1547,25 (a) The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.

AB100-ASA1,1548,2 (b) The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in par. (a).

AB100-ASA1,1548,4 (c) The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.

AB100-ASA1,1548,6 (d) The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.

AB100-ASA1,1548,9 (3) Subsection (2) does not apply with respect to a discharge of a hazardous substance caused by an activity conducted by the local governmental unit while the local governmental unit owned or controlled the property.

AB100-ASA1, s. 2671 Section 2671. 292.31 (2) (f) of the statutes is repealed.

AB100-ASA1, s. 2672 Section 2672. 292.31 (7) (c) 4. of the statutes is amended to read:

AB100-ASA1,1548,13 292.31 (7) (c) 4. All moneys received under this paragraph shall be credited to the environmental fund for environmental repair management.

AB100-ASA1, s. 2673 Section 2673. 292.31 (8) (g) of the statutes is amended to read:

AB100-ASA1,1548,20 292.31 (8) (g) Disposition of funds. If the original expenditure was made from the environmental repair fund, under s. 25.46, 1987 stats., or the environmental fund, the net proceeds of the recovery shall be paid into the environmental fund for environmental repair management. If the original expenditure was made from the investment and local impact fund, the net proceeds of the recovery shall be paid into the investment and local impact fund.

AB100-ASA1, s. 2674 Section 2674. 292.35 (title) of the statutes is amended to read:

AB100-ASA1,1548,23 292.35 (title) Political subdivision Local governmental unit negotiation and cost recovery.

AB100-ASA1, s. 2675 Section 2675. 292.35 (1) (bm) of the statutes is created to read:

AB100-ASA1,1549,3 292.35 (1) (bm) "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431 or a public body designated by a municipality under s. 66.435 (4).

AB100-ASA1, s. 2676 Section 2676. 292.35 (1) (d) of the statutes is repealed.

AB100-ASA1, s. 2677 Section 2677. 292.35 (1) (f) of the statutes is amended to read:

AB100-ASA1,1549,8 292.35 (1) (f) "Site or facility" has the meaning given in s. 292.61 (1) (b) means an approved facility, an approved mining facility, a nonapproved facility, a waste site or any site where a hazardous substance is discharged on or after May 21, 1978.

AB100-ASA1, s. 2678 Section 2678. 292.35 (2) of the statutes is amended to read:

AB100-ASA1,1549,12 292.35 (2) Applicability. This section only applies to a site or facility if the site or facility is owned by a political subdivision local governmental unit. This section does not apply to a landfill until January 1, 1996.

AB100-ASA1, s. 2679 Section 2679. 292.35 (2g) (a) of the statutes is amended to read:

AB100-ASA1,1549,18 292.35 (2g) (a) A political subdivision local governmental unit that intends to use the cost recovery procedures in this section shall attempt to identify all responsible parties. All information obtained by the political subdivision local governmental unit regarding responsible parties is a public record and may be inspected and copied under s. 19.35.

AB100-ASA1, s. 2680 Section 2680. 292.35 (2g) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1550,2 292.35 (2g) (b) (intro.) Upon the request of an employe or authorized representative of the political subdivision local governmental unit, or pursuant to a special inspection warrant under s. 66.122, any person who generated, transported, treated, stored or disposed of a hazardous substance that may have been disposed of or discharged at the site or facility or who is or was an owner or operator shall provide the employe or authorized representative access to any records or documents in that person's custody, possession or control that relate to all of the following:

AB100-ASA1, s. 2681 Section 2681. 292.35 (2g) (c) of the statutes is amended to read:

AB100-ASA1,1550,7 292.35 (2g) (c) The political subdivision local governmental unit shall maintain a single repository that is readily accessible to the public for all documents related to responsible parties, the investigation, the remedial action and plans for redevelopment of the property.

AB100-ASA1, s. 2682 Section 2682. 292.35 (2r) (a) of the statutes is amended to read:

AB100-ASA1,1550,10 292.35 (2r) (a) The political subdivision local governmental unit shall, in consultation with the department, prepare a draft remedial action plan.

AB100-ASA1, s. 2683 Section 2683. 292.35 (2r) (b) of the statutes is amended to read:

AB100-ASA1,1550,23 292.35 (2r) (b) Upon completion of the draft remedial action plan, the political subdivision local governmental unit shall send written notice to all responsible parties identified by the political subdivision local governmental unit, provide public notice and conduct a public hearing on the draft remedial action plan. The notice to responsible parties shall offer the person receiving the notice an opportunity to provide information regarding the status of that person or any other person as a responsible party, notice and a description of the public hearing and a description of the procedures in this section. At the public hearing, the political subdivision local governmental unit shall solicit testimony on whether the draft remedial action plan is the least costly method of meeting the standards for remedial action promulgated by the department by rule. The political subdivision local governmental unit shall accept written comments for at least 30 days after the close of the public hearing.

AB100-ASA1, s. 2684 Section 2684. 292.35 (2r) (c) of the statutes is amended to read:

AB100-ASA1,1551,6 292.35 (2r) (c) Upon the conclusion of the period for written comment, the political subdivision local governmental unit shall prepare a preliminary remedial action plan, taking into account the written comments and comments received at the public hearing and shall submit the preliminary remedial action plan to the department for approval. The department may approve the preliminary remedial action plan as submitted or require modifications.

AB100-ASA1, s. 2685 Section 2685. 292.35 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1551,15 292.35 (3) (a) (intro.) Upon receiving the department's approval of the preliminary remedial action plan, the political subdivision local governmental unit shall serve an offer to settle regarding the contribution of funds for investigation and remedial action at the site or facility on each of the responsible parties identified by the political subdivision local governmental unit, using the procedure for service of a summons under s. 801.11 and shall notify the department that the offer to settle has been served. The political subdivision local governmental unit shall include in the offer to settle all of the following information:

AB100-ASA1, s. 2686 Section 2686. 292.35 (3) (a) 2. of the statutes is amended to read:

AB100-ASA1,1551,19 292.35 (3) (a) 2. The names, addresses and contact persons, to the extent known, for all of the responsible parties identified by the political subdivision local governmental unit.

AB100-ASA1, s. 2687 Section 2687. 292.35 (3) (a) 3. of the statutes is amended to read:

AB100-ASA1,1551,23 292.35 (3) (a) 3. The location and availability of documents that support the claim of the political subdivision local governmental unit against the responsible party.

AB100-ASA1, s. 2688 Section 2688. 292.35 (3) (b) of the statutes is amended to read:

AB100-ASA1,1552,6 292.35 (3) (b) The department shall maintain a list of competent and disinterested umpires qualified to perform the duties under subs. (4) to (6). None of the umpires may be employes of the department. Upon receiving notice from a political subdivision local governmental unit under par. (a), the secretary or his or her designee shall select an umpire from the list and inform the political subdivision local governmental unit and responsible parties of the person selected.

AB100-ASA1, s. 2689 Section 2689. 292.35 (3) (c) of the statutes is amended to read:

AB100-ASA1,1552,19 292.35 (3) (c) Within 10 days after receiving notice of the umpire selected by the department under par. (b), the political subdivision local governmental unit may notify the department that the umpire selected is unacceptable. Within 10 days after receiving notice of the umpire selected by the department under par. (b), a responsible party may notify the department that the umpire selected is unacceptable or that the responsible party does not intend to participate in the negotiation. Failure to notify the department that the umpire is unacceptable shall be considered acceptance. If all responsible parties identified by the political subdivision local governmental unit indicate that they do not intend to participate in the negotiation, the department shall inform the political subdivision local governmental unit and the political subdivision local governmental unit shall cease further action under this section.

AB100-ASA1, s. 2690 Section 2690. 292.35 (3) (d) of the statutes is amended to read:

AB100-ASA1,1552,24 292.35 (3) (d) Upon receiving notice under par. (c) that the selected umpire is unacceptable, the secretary or his or her designee shall select 5 additional umpires from the list and inform the political subdivision local governmental unit and responsible parties of the persons selected.

AB100-ASA1, s. 2691 Section 2691. 292.35 (3) (e) of the statutes is amended to read:

AB100-ASA1,1553,9 292.35 (3) (e) Within 10 days after receiving notice of the umpires selected by the department under par. (d), the political subdivision local governmental unit or a responsible party may notify the department that one or more of the umpires selected are unacceptable. Failure to notify the department shall be considered acceptance. The secretary or his or her designee shall select an umpire from among those umpires not identified as unacceptable by the political subdivision local governmental unit or a responsible party or, if all umpires are identified as unacceptable, the secretary or his or her designee shall designate a person to be umpire for the negotiation.

AB100-ASA1, s. 2692 Section 2692. 292.35 (4) (a) of the statutes is amended to read:

AB100-ASA1,1553,20 292.35 (4) (a) The umpire, immediately upon being appointed, shall contact the department, the political subdivision local governmental unit and the responsible parties that received the offer to settle and shall schedule the negotiating sessions. The umpire shall schedule the first negotiating session no later than 20 days after being appointed. The umpire may meet with all parties to the negotiation, individual parties or groups of parties. The umpire shall facilitate a discussion between the political subdivision local governmental unit and the responsible parties to attempt to reach an agreement on the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties.

AB100-ASA1, s. 2693 Section 2693. 292.35 (4) (d) of the statutes is amended to read:

AB100-ASA1,1554,2 292.35 (4) (d) The political subdivision local governmental unit and the responsible parties that participate in negotiations shall pay for the costs of the umpire, whether or not an agreement among the parties is reached under sub. (5) or the parties accept the recommendation of the umpire under sub. (6). The umpire shall determine an equitable manner of paying for the costs of the umpire, which is binding.

AB100-ASA1, s. 2694 Section 2694. 292.35 (5) of the statutes is amended to read:

AB100-ASA1,1554,11 292.35 (5) Agreement in negotiation. The political subdivision local governmental unit and any of the responsible parties may enter into any agreement in negotiation regarding the design and implementation of the remedial action plan and the contribution of funds by the political subdivision local governmental unit and responsible parties for the investigation and remedial action. The portion of the agreement containing the design and implementation of the remedial action plan shall be submitted to the department for approval. The department may approve that portion of the agreement as submitted or require modifications.

AB100-ASA1, s. 2695 Section 2695. 292.35 (6) (a) of the statutes is amended to read:

AB100-ASA1,1555,2 292.35 (6) (a) If the political subdivision local governmental unit and any responsible parties are unable to reach an agreement under sub. (5) by the end of the period of negotiation, the umpire shall make a recommendation regarding the design and implementation of the remedial action plan and the contribution of funds for investigation and remedial action by the political subdivision local governmental unit and all responsible parties that were identified by the political subdivision local governmental unit and that did not reach an agreement under sub. (5), whether or not the responsible parties participated in negotiations under sub. (4). The umpire shall submit the recommendation to the department for its approval within 20 days after the end of the period of negotiation under sub. (4) (c). The department may approve the recommendation as submitted or require modifications. The umpire shall distribute a copy of the approved recommendation to the political subdivision local governmental unit and all responsible parties identified by the political subdivision local governmental unit.

AB100-ASA1, s. 2696 Section 2696. 292.35 (6) (b) of the statutes is amended to read:

AB100-ASA1,1555,11 292.35 (6) (b) The political subdivision local governmental unit and the responsible parties that did not reach an agreement under sub. (5) shall accept or reject the umpire's recommendation within 60 days after receiving it. Failure to accept or reject the recommendation within 60 days shall be considered rejection of the recommendation. If the political subdivision local governmental unit rejects the recommendation with respect to any responsible party, the recommendation does not apply to that responsible party. If a responsible party rejects the recommendation, it does not apply to that responsible party.

AB100-ASA1, s. 2697 Section 2697. 292.35 (7) of the statutes is amended to read:

AB100-ASA1,1555,25 292.35 (7) Responsible parties subject to an agreement or recommendation. A responsible party that enters into an agreement under sub. (5) with a political subdivision local governmental unit or that accepts the umpire's recommendation under sub. (6), if the political subdivision local governmental unit does not reject the recommendation, is required to comply with the agreement or recommendation. When the responsible party has complied with the agreement or recommendation, the responsible party is not liable to the state, including under s. 292.11 (7) (b) or 292.31 (8), or to the political subdivision local governmental unit for any additional costs of the investigation or remedial action; the responsible party is not liable to any other responsible party for contribution to costs incurred by any other responsible party for the investigation or remedial action; and the responsible party is not subject to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement or recommendation.

AB100-ASA1, s. 2698 Section 2698. 292.35 (8) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1556,4 292.35 (8) (b) (intro.) A political subdivision local governmental unit is entitled to recover litigation expenses and interest on the judgment against a responsible party if any of the following occurs:

AB100-ASA1, s. 2699 Section 2699. 292.35 (8) (b) 1. of the statutes is amended to read:

AB100-ASA1,1556,10 292.35 (8) (b) 1. The political subdivision local governmental unit accepts the recommendation of an umpire under sub. (6), the responsible party rejects it and the political subdivision local governmental unit recovers a judgment under sub. (9) against that responsible party that equals or exceeds the amount of the umpire's recommendation.

AB100-ASA1, s. 2700 Section 2700. 292.35 (8) (b) 2. of the statutes is amended to read:

AB100-ASA1,1556,17 292.35 (8) (b) 2. The political subdivision local governmental unit and the responsible party enter into an agreement under sub. (5) or accept the umpire's recommendation under sub. (6), the responsible party does not comply with the requirements of the agreement or recommendation and the political subdivision local governmental unit recovers a judgment against that responsible party based on the agreement or recommendation.

AB100-ASA1, s. 2701 Section 2701. 292.35 (8) (c) of the statutes is amended to read:

AB100-ASA1,1557,2 292.35 (8) (c) A responsible party is entitled to recover litigation expenses from a political subdivision local governmental unit if the responsible party accepts the recommendation of an umpire under sub. (6), the political subdivision local governmental unit rejects the recommendation of the umpire under sub. (6) with respect to the responsible party, the political subdivision local governmental unit institutes an action under sub. (9) against the responsible party and the political subdivision local governmental unit recovers a judgment under sub. (9) against the responsible party that is equal to or less than the amount of the umpire's recommendation.

AB100-ASA1, s. 2702 Section 2702. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and amended to read:

AB100-ASA1,1557,11 292.35 (9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 292.21, a responsible party is liable for a portion of the costs, as determined under pars. (c) to (e), incurred by a political subdivision local governmental unit for remedial action in an agreement under sub. (5) or a recommendation under sub. (6) and for any related investigation. A right of action shall accrue to a political subdivision local governmental unit against the responsible party for costs listed in this subdivision paragraph.

AB100-ASA1, s. 2703 Section 2703. 292.35 (9) (b) 2. of the statutes is repealed.

AB100-ASA1, s. 2704 Section 2704. 292.41 (6) (c) of the statutes is amended to read:

AB100-ASA1,1557,17 292.41 (6) (c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental repair management.