AB100-ASA1, s. 3656e 21Section 3656e. 292.11 (9) (e) 1m. c. and d. of the statutes are created to read:
AB100-ASA1,1534,2322 292.11 (9) (e) 1m. c. The local governmental unit acquired the property through
23condemnation or other proceeding under ch. 32.
AB100-ASA1,1534,2524 d. The local governmental unit acquired the property for the purpose of slum
25clearance or blight elimination.
AB100-ASA1, s. 2646
1Section 2646. 292.11 (9) (e) 1s. of the statutes is created to read:
AB100-ASA1,1535,92 292.11 (9) (e) 1s. An economic development corporation described in section 501
3(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
4taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly
5owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
6and (c) with respect to property acquired before, on or after the effective date of this
7subdivision .... [revisor inserts date], if the property is acquired to further the
8economic development purposes that qualify the corporation as exempt from federal
9taxation.
AB100-ASA1, s. 2647 10Section 2647. 292.11 (9) (e) 2. of the statutes is amended to read:
AB100-ASA1,1535,1211 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to
12a discharge of a hazardous substance caused by any of the following:
AB100-ASA1,1535,1313 a. An action taken by the municipality local governmental unit or corporation.
AB100-ASA1,1535,1614 b. A failure of the municipality local governmental unit or corporation to take
15appropriate action to restrict access to the property in order to minimize costs or
16damages that may result from unauthorized persons entering the property.
AB100-ASA1,1535,1917 c. A failure of the municipality local governmental unit or corporation to sample
18and analyze unidentified substances in containers stored aboveground on the
19property.
AB100-ASA1,1535,2320 d. A failure of the municipality local governmental unit or corporation to
21remove and properly dispose of, or to place in a different container and properly store,
22any hazardous substance stored aboveground on the property in a container that is
23leaking or is likely to leak.
AB100-ASA1, s. 2648 24Section 2648. 292.11 (9) (e) 3. of the statutes is created to read:
AB100-ASA1,1536,3
1292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
2discharge of a hazardous substance from an underground storage tank that is
3regulated under 42 USC 6991 to 6991i.
AB100-ASA1, s. 2649 4Section 2649. 292.11 (9) (e) 4. of the statutes is created to read:
AB100-ASA1,1536,115 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
6intended development and use of the property, the department determines that
7action is necessary to reduce to acceptable levels any substantial threat to public
8health or safety when the property is developed or put to that intended use, the
9department directs the local governmental unit or corporation to take that necessary
10action and the local governmental unit or corporation does not take that action as
11directed.
AB100-ASA1, s. 3660c 12Section 3660c. 292.11 (9) (e) 5. of the statutes is created to read:
AB100-ASA1,1536,1413 292.11 (9) (e) 5. Subdivision 1s. does not apply if the corporation fails to do any
14of the following:
AB100-ASA1,1536,1715 a. Respond to a discharge of a hazardous substance that poses an imminent
16threat to public health, safety or welfare or to the environment, on or off of the
17property.
AB100-ASA1,1536,2018 b. Enter into an agreement with the department to conduct any necessary
19investigation and remediation activities at the property no later than 3 years after
20acquiring the property.
AB100-ASA1,1536,2421 c. Allow the department, any authorized representatives of the department,
22any party that possessed or controlled the hazardous substance or caused the
23discharge of the hazardous substance and any consultant or contractor of such a
24party to enter the property to take necessary action to respond to the discharge.
AB100-ASA1, s. 2650 25Section 2650. 292.13 of the statutes is created to read:
AB100-ASA1,1537,4
1292.13 Property affected by off-site discharge. (1) Exemption from
2liability.
A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect
3to the existence of a hazardous substance in the soil or groundwater on property
4owned by the person if all of the following apply:
AB100-ASA1,1537,65 (a) The discharge of the hazardous substance originated from a source on
6property that is not possessed or controlled by the person.
AB100-ASA1,1537,87 (b) The person did not possess or control the hazardous substance on the
8property on which the discharge originated or cause the original discharge.
AB100-ASA1,1537,109 (c) The person conducts an investigation, that the department determines is
10adequate, to substantiate that pars. (a) and (b) are satisfied.
AB100-ASA1,1537,1411 (d) The person agrees to allow the department, any authorized representatives
12of the department, any party that possessed or controlled the hazardous substance
13or caused the discharge of the hazardous substance and any consultant or contractor
14of such a party to enter the property to take action to respond to the discharge.
AB100-ASA1,1537,1915 (e) The person takes any necessary emergency actions to respond to the
16discharge to prevent an imminent threat to human health, safety or welfare or to the
17environment and takes all nonemergency immediate or interim actions that are
18necessary to prevent a new or continuing release of the hazardous substance into the
19environment.
AB100-ASA1,1537,2120 (f) The person agrees to avoid any interference with action undertaken to
21respond to the discharge to avoid actions that worsen the discharge.
AB100-ASA1,1537,2422 (g) The person agrees to any other condition that the department determines
23is reasonable and necessary to ensure that the department or other person described
24in par. (d) can adequately respond to the discharge.
AB100-ASA1,1538,6
1(2) Determinations concerning liability. The department shall, upon request,
2issue a written determination that a person owning property on which a hazardous
3substance exists in the soil or groundwater is exempt from s. 292.11 (3), (4) and (7)
4(b) and (c) if the person satisfies the requirements in sub. (1). The department may
5revoke its determination if it determines that any of the requirements in sub. (1)
6cease to be met.
AB100-ASA1,1538,8 7(3) Fees. The department may, in accordance with rules that it promulgates,
8assess and collect fees to offset the costs of issuing determinations under sub. (2).
AB100-ASA1, s. 2651 9Section 2651. 292.15 (title) of the statutes is amended to read:
AB100-ASA1,1538,11 10292.15 (title) Remediated property; purchaser Voluntary party
11remediation and exemption from
liability.
AB100-ASA1, s. 2652 12Section 2652. 292.15 (1) (c) (intro.) of the statutes is repealed.
AB100-ASA1, s. 2653 13Section 2653. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.
AB100-ASA1, s. 2654 14Section 2654. 292.15 (1) (c) 2. of the statutes is repealed.
AB100-ASA1, s. 2655 15Section 2655. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1.
16and amended to read:
AB100-ASA1,1538,1817 292.15 (1) (f) 1. The person did not otherwise cause the release discharge of a
18hazardous substance on the property.
AB100-ASA1, s. 2656 19Section 2656. 292.15 (1) (f) (intro.) of the statutes is created to read:
AB100-ASA1,1538,2120 292.15 (1) (f) (intro.) "Voluntary party" means a person to whom all of the
21following apply:
AB100-ASA1, s. 2657 22Section 2657. 292.15 (1) (f) 2. of the statutes is created to read:
AB100-ASA1,1538,2423 292.15 (1) (f) 2. The person did not control, prior to its discharge, a hazardous
24substance that was discharged on the property.
AB100-ASA1, s. 2658 25Section 2658. 292.15 (2) (a) of the statutes is amended to read:
AB100-ASA1,1539,7
1292.15 (2) (a) A purchaser Except as provided in sub. (6), a voluntary party is
2exempt from the provisions of s. ss. 289.05 (1), (2) and (4), 289.42 (1), 289.67, 291.25
3(1) to (5), 291.29, 291.37,
292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
4promulgated under those provisions,
with respect to the existence of a hazardous
5substance on the property the release of which occurred prior to the date of
6acquisition of the property, if all of the following occur at any time before or after the
7date of acquisition:
AB100-ASA1,1539,128 1. The purchaser conducts a thorough An environmental investigation of the
9property is conducted that is approved by the department or the person from whom
10the purchaser acquires the property conducts a thorough environmental
11investigation of the property under a contract with the purchaser and the
12investigation is approved by the department
.
AB100-ASA1,1539,1713 2. Except as provided in sub. (4), the purchaser cleans up the property is
14cleaned up
by restoring the environment to the extent practicable and minimizing
15the harmful effects from a release discharge of a the hazardous substance in
16accordance with rules promulgated by the department and any contract entered into
17under those rules.
AB100-ASA1,1539,2118 3. The purchaser voluntary party obtains a certification certificate of
19completion
from the department that the property has been satisfactorily restored
20to the extent practicable and that the harmful effects from a release discharge of a
21hazardous substance have been minimized.
AB100-ASA1,1539,2422 4. The purchaser voluntary party maintains and monitors the property as
23required under rules promulgated by the department and any contract entered into
24under those rules.
AB100-ASA1,1540,2
15. The purchaser voluntary party does not engage in activities that are
2inconsistent with the maintenance of the property.
AB100-ASA1,1540,73 6. The purchaser voluntary party has not obtained the certification under subd.
43. by fraud or misrepresentation, by the knowing failure to disclose material
5information or under circumstances in which the purchaser voluntary party knew
6or should have known about more environmental pollution discharges of hazardous
7substances
than was were revealed by the investigation conducted under subd. 1.
AB100-ASA1, s. 2659 8Section 2659. 292.15 (2) (am) of the statutes is created to read:
AB100-ASA1,1540,169 292.15 (2) (am) The department may approve a partial cleanup and issue a
10certificate of completion as provided in par. (a) that states that not all of the property
11has been satisfactorily restored or that not all of the harmful effects from a discharge
12of a hazardous substance have been minimized. Approval of a partial cleanup
13exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c)
14with respect to the portion of the property or hazardous substances cleaned up under
15this paragraph. In addition to meeting the requirements of par. (a), a certificate for
16a partial cleanup under this paragraph may be issued only if:
AB100-ASA1,1540,2117 1. Public health, safety or the environment will not be endangered by any
18hazardous substances remaining on or off the property after the partial cleanup,
19given the manner in which the property will be developed and used and any other
20factors that the department considers relevant to the endangerment of public health,
21safety or the environment.
AB100-ASA1,1540,2522 2. The activities associated with any proposed use or development of the
23property will not aggravate or contribute to the discharge of a hazardous substance
24and will not unduly interfere with, or increase the costs of, restoring the property and
25minimizing the harmful effects of the discharge of a hazardous substance.
AB100-ASA1,1541,5
13. The owner of the property agrees to cooperate with the department to
2address problems caused by hazardous substances remaining on the property. Such
3cooperation shall include allowing access to the property or allowing the department
4or its authorized representatives to undertake activities on the property, including
5placement of borings, equipment and structures on the property.
AB100-ASA1, s. 2660 6Section 2660. 292.15 (2) (ar) of the statutes is created to read:
AB100-ASA1,1541,97 292.15 (2) (ar) The department may require the owner of the property to grant
8an easement or other interest in the property for any of the purposes specified in par.
9(am) as a condition of issuing a certificate under par. (am).
AB100-ASA1, s. 2661 10Section 2661. 292.15 (2) (b) (intro.) of the statutes is amended to read:
AB100-ASA1,1541,1411 292.15 (2) (b) (intro.) The exemption exemptions provided in par. pars. (a)
12continues and (am) continue to apply after the date of certification by the department
13under par. (a) 3., or approval by the department under par. (am), notwithstanding
14the occurrence of any of the following:
AB100-ASA1, s. 2662 15Section 2662. 292.15 (2) (b) 1. to 3. of the statutes are amended to read:
AB100-ASA1,1541,1816 292.15 (2) (b) 1. Statutes, rules or regulations are created or amended that
17would impose greater responsibilities on the purchaser voluntary party than those
18imposed under par. (a) 2.
AB100-ASA1,1541,2219 2. The purchaser voluntary party fully complies with the rules promulgated by
20the department and any contract entered into under those rules under par. (a) 2. but
21it is discovered that the cleanup fails to fully restore the environment and minimize
22the effects from a release discharge of a hazardous substance.
AB100-ASA1,1541,2523 3. The contamination from a hazardous substance that is the subject of the
24cleanup under par. (a) 2. is discovered to be more extensive than anticipated by the
25purchaser voluntary party and the department.
AB100-ASA1, s. 2663
1Section 2663. 292.15 (2) (c) of the statutes is amended to read:
AB100-ASA1,1542,52 292.15 (2) (c) The department of justice may not commence an action under 42
3USC 9607
against any purchaser voluntary party meeting the criteria of this
4subsection to recover costs for which the purchaser voluntary party is exempt under
5pars. (a), (am) and (b).
AB100-ASA1, s. 2664 6Section 2664. 292.15 (2) (d) of the statutes is created to read:
AB100-ASA1,1542,87 292.15 (2) (d) This subsection does not apply to a municipal waste landfill, as
8defined in s. 289.01 (22), or to an approved facility.
AB100-ASA1, s. 2665 9Section 2665. 292.15 (3) of the statutes is amended to read:
AB100-ASA1,1542,1510 292.15 (3) Successors and assigns. The exemption provided in sub. (2) applies
11to any successor or assignee of the purchaser voluntary party who qualifies as a
12voluntary party and
who complies with the provisions of sub. (2) (a) 4. and 5. unless
13the successor or assignee knows that a certification certificate under sub. (2) (a) 3.
14or (am) was obtained by any of the means or under any of the circumstances specified
15in sub. (2) (a) 6.
AB100-ASA1, s. 2666 16Section 2666. 292.15 (4) of the statutes is amended to read:
AB100-ASA1,1542,2217 292.15 (4) Limited responsibility. The responsibility of a purchaser voluntary
18party
under sub. (2) (a) 2. may be monetarily limited by agreement between the
19purchaser voluntary party and the department if the purchaser voluntary party
20purchased the property from a municipality that acquired the property in a way
21described in s. 292.11 (9) (e) 1m. a. or b. The agreement shall stipulate all of the
22following:
AB100-ASA1,1542,2423 (a) That the purchaser voluntary party may cease the cleanup when the cost
24of the cleanup equals 125% of the anticipated expense of the cleanup.
AB100-ASA1,1543,3
1(b) That the purchaser voluntary party will continue to receive the benefit of
2the exemption under sub. (2) (a) after cessation of the cleanup if the purchaser
3voluntary party complies with sub. (2) (a) 4. and 5.
AB100-ASA1,1543,74 (c) That, if the purchaser voluntary party ceases the cleanup, the purchaser
5voluntary party shall use reasonable efforts to sell the property in accordance with
6rules of the department that define "reasonable efforts" in a manner substantively
7equivalent to 40 CFR 300.1100 (d) (2) (i).
AB100-ASA1, s. 2667 8Section 2667. 292.15 (5) of the statutes is amended to read:
AB100-ASA1,1543,139 292.15 (5) Fees. The department may, in accordance with rules that it
10promulgates, assess and collect fees from a purchaser voluntary party to offset the
11cost of the department's activities under subs. (2) and (4). The fees may include an
12advance deposit, from which the department shall return the amount in excess of the
13cost of the department's activities under subs. (2) and (4).
AB100-ASA1, s. 2668 14Section 2668. 292.15 (6) of the statutes is created to read:
AB100-ASA1,1543,1715 292.15 (6) Liens. This section does not exempt property from any lien filed
16under s. 292.81 (3) for costs incurred by the department prior to the date that
17certification is issued under sub. (2) (a) 3.
AB100-ASA1, s. 3679m 18Section 3679m. 292.15 (7) of the statutes is created to read:
AB100-ASA1,1543,1919 292.15 (7) Applicability. This section does not apply to any of the following:
AB100-ASA1,1543,2120 (a) A hazardous waste treatment, storage or disposal facility that first begins
21operation after the date on which the voluntary party acquired the property.
AB100-ASA1,1543,2522 (b) A licensed hazardous waste treatment, storage or disposal facility operated
23on the property before the date on which the voluntary party acquired the property
24and that is operated after the date on which the voluntary party acquired the
25property.
AB100-ASA1,1544,4
1(c) Any hazardous waste disposal facility that has been issued a license under
2s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those
3sections, for a period of long-term care following closure of the facility if the license
4was issued on or before the effective date of this paragraph .... [revisor inserts date].
AB100-ASA1, s. 3679p 5Section 3679p. 292.16 of the statutes is created to read:
AB100-ASA1,1544,7 6292.16 Responsibility of certain municipalities acquiring closed
7landfills. (1)
Definition. In this section:
AB100-ASA1,1544,88 (a) "Generator" has the meaning given in s. 292.35 (1) (b).
AB100-ASA1,1544,99 (b) "Transporter" has the meaning given in s. 292.35 (1) (g).
AB100-ASA1,1544,12 10(2) Application. A municipality may apply to the department for an exemption
11from liability with respect to property that contains a closed landfill and that is
12acquired by the municipality before, on or after the effective date of this subsection.
AB100-ASA1,1544,14 13(3) Conditions for approval. The department shall approve an application
14under sub. (2) if all of the following apply:
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