AB100-ASA1-AA1,298,1817
166.20
(2) (title)
Duties of the board division. (intro.) The
board division 18shall:".
AB100-ASA1-AA1,298,2321
166.20
(4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2)
22of the release of a hazardous substance, provide all information contained in the
23notification to the
board division.
AB100-ASA1-AA1,299,8
1166.20
(4) (b) Have the same powers and duties at the time of a release of a
2hazardous substance as are given to it under s. 292.11, including the investigation
3of releases of hazardous substances, the repair of any environmental damage which
4results from the release and the recovery of costs from responsible parties. The
5department of natural resources may also, at the time of a release of a hazardous
6substance, identify and recommend to the
board division and the committee
7measures to lessen or mitigate anticipated environmental damage resulting from the
8release.
AB100-ASA1-AA1,299,1210
166.20
(4m) Cooperation. A state agency or local governmental unit may
11assist the
board division or a committee in the performance of its duties and may
12enter into an agreement with the
board division or a committee.
AB100-ASA1-AA1,299,1914
166.20
(5) (a) 2. All facilities in this state covered under
42 USC 11004 shall
15comply with the notification requirements of
42 USC 11004. Notification of the
16department of natural resources of the discharge of a hazardous substance under s.
17292.11 (2) shall constitute the notification of the
board division required under
42
18USC 11004 if the notification contains the information specified in
42 USC 11004 (b)
19(2) or (c).
AB100-ASA1-AA1,299,2521
166.20
(5) (a) 5. The reporting procedures for trade secrets under
42 USC 11042 22shall apply to all facilities in this state subject to the requirements under subd. 1.,
233. or 4. For the purposes of applying this subdivision to public agencies and private
24agencies, the
board division shall have the powers and duties granted to the
25administrator of the U.S. environmental protection agency under
42 USC 11042.
AB100-ASA1-AA1,300,42
166.20
(5m) Furnishing information. If the
board division or a committee
3requests, in writing, information relating to the federal act or to this section, a facility
4shall furnish the information in the manner requested.".
AB100-ASA1-AA1,300,7
6"
Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997
7Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,300,108
166.20
(7) (a) (intro.) The division shall establish, by rule, the following fees at
9levels designed to fund the division's administrative expenses and the grants under
10s. 166.21:
AB100-ASA1-AA1,300,1612
166.20
(7) (b) The operator of a facility subject to the requirements of sub. (5)
13(a) 1. or 3. shall pay the fees under par. (a). The
board division may establish, by rule,
14a surcharge to be paid by the operator of a facility if the operator fails to pay the fees
15under par. (a) in a timely manner. The surcharge under this paragraph shall not
16exceed 20% of the original fee.
AB100-ASA1-AA1,300,2118
166.20
(7g) (a) The
board division shall establish, by rule, fees to be paid
19annually to the department of transportation by persons that are required to file
20hazardous materials transportation registration statements with the federal
21department of transportation under 49 USC Appendix 1805 (c).
AB100-ASA1-AA1,300,2423
166.20
(7g) (e) The
board division may, by rule, establish exemptions from the
24fees under par. (a).
AB100-ASA1-AA1,301,82
166.20
(7m) (a) An authorized inspector of the
board division or the committee
3for the county in which a facility is located may enter and inspect any facility or any
4pertinent record relating to the facility at any reasonable time for the purpose of
5determining whether the facility is complying with this section and rules
6promulgated under this section. The
board division or committee, if requested, shall
7furnish to the operator of the facility a report setting forth all facts found which relate
8to compliance with this section and rules promulgated under this section.
AB100-ASA1-AA1,301,1310
166.20
(7m) (b) The
board division shall promulgate rules to specify how the
11board division or a committee may authorize inspectors for the purposes of par. (a).
12The rules shall include requirements for experience or training of individuals
13authorized to conduct inspections.
AB100-ASA1-AA1,301,2115
166.20
(8) (a) The department of justice, at its own discretion or at the request
16of the
board division or the committee or district attorney for the county in which the
17violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules
18promulgated under subs. (2) to (7). In any action commenced under this paragraph,
19the department of justice may request the assistance of the district attorney for the
20county in which the violation is alleged to have occurred and the district attorney
21shall provide the requested assistance.
AB100-ASA1-AA1,301,2523
166.20
(9) (a) 1. c. The
board division for failure to render a decision in response
24to a petition under
42 USC 11042 (d), as applied under sub. (5) (a) 5., within 9 months
25after receipt of the petition.
AB100-ASA1-AA1,302,42
166.20
(9) (a) 1. d. The
board division for failure to provide a mechanism for
3public availability of information in accordance with
42 USC 11044 (a), as applied
4under sub. (2) (a).
AB100-ASA1-AA1,302,76
166.20
(9) (a) 1. e. The
board division for failure to respond to a request for
7information under
42 USC 11022 (e) (3), as applied under sub. (2) (a).
AB100-ASA1-AA1,302,109
166.20
(9) (a) 2. (intro.) The
board
division or any county, city, village or town
10may commence a civil action against any person for failure to do any of the following:
AB100-ASA1-AA1,302,1312
166.20
(9) (a) 2. a. Provide notification to the
board division under
42 USC
1311002 (c), as applied under sub. (5) (a) 1.
AB100-ASA1-AA1,302,1815
166.20
(9) (a) 3. The
board division or any committee may commence an action
16against any person for failure to provide the information required under
42 USC
1711003 (d), as applied under sub. (5) (a) 1. or any information required under
42 USC
1811022 (e) (1), as applied under sub. (5) (a) 3.
AB100-ASA1-AA1,302,2220
166.20
(9) (b) 1. (intro.) No action may be commenced against any person other
21than the
board division under this subsection under any of the following
22circumstances:
AB100-ASA1-AA1,302,2524
166.20
(9) (b) 1. a. If fewer than 60 days have elapsed since the plaintiff gave
25notice of the alleged violation to the
board division and to the alleged violator.
AB100-ASA1-AA1,303,42
166.20
(9) (b) 2. No action may be commenced against the
board division under
3this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of
4the action to the
board division.
AB100-ASA1-AA1,303,116
166.20
(11) (dg) Except as provided in this paragraph, any person who
7negligently makes a false statement or representation in any document provided by
8the operator of a facility or required to be maintained by the operator of a facility
9under the federal act, this section or rules promulgated under this section shall
10forfeit not less than $100 nor more than $25,000. This penalty does not apply to the
11board division, a committee or a member of the
board division or a committee.
AB100-ASA1-AA1,303,1513
166.21
(1) (b) Any committee may apply annually to the
board division for an
14emergency planning grant. Applications shall be made in the manner specified by
15the
board division.".
AB100-ASA1-AA1,303,1918
166.21
(2) (e) The portion of a previous year's costs that was approved by the
19board division but not paid because of insufficient funds.".
AB100-ASA1-AA1,303,22
21"
Section 3117kc. 166.21 (2m) (intro.) of the statutes, as affected by 1997
22Wisconsin Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,304,223
166.21
(2m) Strategic plan. (intro.) A committee is eligible for grant funds
24under sub. (2) (br) for emergency response equipment only if it submits to the division
1a strategic plan for emergency response to hazardous substance releases that
2includes all of the following:
AB100-ASA1-AA1,304,54
166.21
(3) (a) 1. The costs of each new facility plan completed by the committee
5and approved by the
board division in the period covered by the grant.
AB100-ASA1-AA1,304,87
166.21
(3) (a) 3. The portion of a previous year's costs that was approved by the
8board division but not paid because of insufficient funds.
AB100-ASA1-AA1,304,1310
166.21
(3) (b) The
board division shall reduce the grant amount calculated
11under par. (a) by the amount of any other gifts or grants received by the committee
12in the period covered by the grant for costs incurred by the committee related to sub.
13(2).
AB100-ASA1-AA1,304,1915
166.21
(3) (c) Notwithstanding sub. (2), the
board division shall deny that
16portion of a grant calculated under par. (a) 2. if the
board division determines that
17the committee has failed to meet grant obligations, including the development,
18review, exercise or implementation of local emergency response plans as required
19under s. 166.20 or the federal act.
AB100-ASA1-AA1,304,2221
166.21
(3) (e) Annually, the
board
division shall establish a formula to
22determine the amount of emergency planning grant funds available to each county.
AB100-ASA1-AA1,305,424
166.21
(4) Payment of grants. Annually, the
board division shall review all
25applications received under this section and make grants to committees from the
1appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to
2pay all approved grants, the
board division shall prorate the available funds among
3the eligible applicants in proportion to the approved grant amounts. A prorated
4payment shall be deemed full payment of the grant.
AB100-ASA1-AA1,305,106
166.21
(5) Payment in advance. (a) The
board division may pay a portion of a
7grant before the end of the period covered by the grant if a committee requests the
8advance payment and if the
board division determines that the necessary funds are
9available and that the advance payment will not result in insufficient funds to pay
10other grants.
AB100-ASA1-AA1,305,1611
(b) The
board division may pay an amount up to 50% of anticipated eligible
12costs covered by a grant up to 12 months before the end of the period covered by the
13grant. The
board division may pay an additional amount up to 25% of anticipated
14eligible costs up to 6 months before the end of the period covered by the grant. The
15board division shall determine anticipated eligible costs from a budget submitted by
16the committee at the time that the committee requests payment in advance.
AB100-ASA1-AA1,305,2017
(c) If a committee receives advance payments under this subsection which
18exceed the total grant amount calculated under sub. (3), the
board division shall
19subtract the amount of the overpayment from the amount of a grant paid to that
20committee in the next year that the committee receives a grant.".
AB100-ASA1-AA1,305,23
22"
Section 3117mc. 166.215 (1) of the statutes, as affected by 1997 Wisconsin
23Act .... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,306,11
1166.215
(1) The division shall contract with no fewer than 7 and no more than
29 regional emergency response teams, each of which will assist in the emergency
3response to level A releases in a region of this state designated by the division. The
4division shall contract with at least one regional emergency response team in each
5area designated under s. 166.03 (2) (b) 1. The division may only contract with a local
6agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional
7emergency response team shall meet the standards for a hazardous materials
8specialist in
29 CFR 1910.120 (q) (6) (iv) and national fire protection association
9standards NFPA 471 and 472. Payments to regional emergency response teams
10under this subsection shall be made from the appropriation account under s. 20.465
11(3) (dd).".
AB100-ASA1-AA1,306,14
13"
Section 3117qh. 166.215 (2) of the statutes, as affected by 1997 Wisconsin Act
14.... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,306,2415
166.215
(2) The division shall reimburse a regional emergency response team
16for costs incurred by the team in responding to a level A release under sub. (1).
17Reimbursement under this subsection is limited to amounts collected under sub. (3)
18and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available
19under s. 20.465 (3) (dr) only if the regional emergency response team has made a good
20faith effort to identify the person responsible under sub. (3) and that person cannot
21be identified, or, if that person is identified, the team has received reimbursement
22from that person to the extent that the person is financially able or has determined
23that the person does not have adequate money or other resources to reimburse the
24regional emergency response team.
AB100-ASA1-AA1,307,52
166.215
(3) A person who possessed or controlled a hazardous substance that
3was released or who caused the release of a hazardous substance shall reimburse the
4board division for costs incurred by a regional emergency response team in
5responding to the release under sub. (1).".
AB100-ASA1-AA1,307,8
7"
Section 3117w. 166.22 (3m) of the statutes, as affected by 1997 Wisconsin Act
8.... (this act), is repealed and recreated to read:
AB100-ASA1-AA1,307,189
166.22
(3m) The division shall reimburse a local emergency response team for
10costs incurred by the team in responding to a hazardous substance discharge under
11sub. (3). Reimbursement under this subsection is limited to the amount
12appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465
13(3) (dr) only if the local emergency response team has made a good faith effort to
14identify the person responsible under sub. (4) and that person cannot be identified,
15or, if that person is identified, the team has received reimbursement from that person
16to the extent that the person is financially able or has determined that the person
17does not have adequate money or other resources to reimburse the local emergency
18response team.".
AB100-ASA1-AA1,308,421
168.12
(7) No person may ship petroleum products into this state unless that
22person
has a valid certificate under s. 73.03 (50) and either has a license under s.
2378.09 or obtains a petroleum products shipper license from the department of
24revenue by filing with that department an application prescribed and furnished by
1that department and verified by the owner of the business if the owner is an
2individual, by a member if the owner is an unincorporated association, by a partner
3if the owner is a partnership or by the president and secretary if the owner is a
4corporation.".
