AB100-ASA1-AA1,332,9
6"
(1m) Exemption from liability for soil contamination. A person is exempt
7from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous
8substance in the soil on property possessed or controlled by the person if all of the
9following apply:
AB100-ASA1-AA1,332,1110
(a) The discharge of the hazardous substance originated from a source on
11property that is not possessed or controlled by the person.
AB100-ASA1-AA1,332,1312
(b) The person did not possess or control the hazardous substance on the
13property on which the discharge originated or cause the original discharge.
AB100-ASA1-AA1,332,1614
(c) The person conducts an investigation or submits other information, that the
15department determines is adequate, to substantiate that pars. (a) and (b) are
16satisfied.
AB100-ASA1-AA1,332,2017
(d) The person agrees to allow the department, any authorized representatives
18of the department, any party that possessed or controlled the hazardous substance
19or caused the discharge of the hazardous substance and any consultant or contractor
20of such a party to enter the property to take action to respond to the discharge.
AB100-ASA1-AA1,333,221
(e) After the department has made a reasonable attempt to notify the party who
22caused the discharge of the hazardous substance of the party's responsibilities under
23s. 292.11, the person takes at least one of the following actions, at the direction of the
1department, to respond to the discharge to prevent an imminent threat to human
2health, safety or welfare or to the environment:
AB100-ASA1-AA1,333,33
1. Limits public access to the property.
AB100-ASA1-AA1,333,54
2. Identifies, monitors and mitigates fire, explosion and vapor hazards on the
5property.
AB100-ASA1-AA1,333,76
3. Visually inspects the property and installs appropriate containment
7barriers.
AB100-ASA1-AA1,333,98
(f) The person agrees to avoid any interference with action undertaken to
9respond to the discharge and to avoid actions that worsen the discharge.
AB100-ASA1-AA1,333,1210
(g) The person agrees to any other condition that the department determines
11is reasonable and necessary to ensure that the department or other person described
12in par. (d) can adequately respond to the discharge.".
AB100-ASA1-AA1,334,86
292.15
(3m) Tenants and lessees. The exemption provided in sub. (2) applies
7to any tenant or lessee of property on which a hazardous substance is discharged if
8the property is owned by a voluntary party.".
AB100-ASA1-AA1,334,1811
292.15
(5m) Prospective purchaser assurance letters. The secretary, in
12accordance with rules promulgated by the department, may issue to a prospective
13purchaser of property a letter certifying that the prospective purchaser is entitled to
14the exemptions described under sub. (2). The secretary may condition the
15entitlement to the exemptions upon the prospective purchaser's taking action as
16provided in this section and in a manner considered satisfactory to the department.
17Notwithstanding sub. (1) (f), a person to whom the secretary issues a letter under this
18subsection shall be considered to be a voluntary party under this section.".
AB100-ASA1-AA1,335,125
293.13
(1) (b) Establish by rule
after consulting with the metallic mining
6council minimum qualifications for applicants for prospecting and mining permits.
7Such minimum qualifications shall ensure that each operator in the state is
8competent to conduct mining and reclamation and each prospector in the state is
9competent to conduct prospecting in a fashion consistent with the purposes of this
10chapter. The department shall also consider such other relevant factors bearing
11upon minimum qualifications, including but not limited to, any past forfeitures of
12bonds posted pursuant to mining activities in any state.
AB100-ASA1-AA1,335,1914
293.13
(2) (a) The department by rule
after consulting with the metallic mining
15council shall adopt minimum standards for exploration, prospecting, mining and
16reclamation to ensure that such activities in this state will be conducted in a manner
17consistent with the purposes and intent of this chapter. The minimum standards
18may classify exploration, prospecting and mining activities according to type of
19minerals involved and stage of progression in the operation.".
AB100-ASA1-AA1,336,4
1299.13
(1m) Promotion of hazardous pollution prevention. (intro.) In
2carrying out the duties under
this section and ss. 36.25 (30) and 560.19
and this
3section, the department, the department of commerce
, the council and the program
4shall promote all of the following techniques for hazardous pollution prevention:
AB100-ASA1-AA1,336,106
299.13
(2) (b) Identify all department requirements for reporting on hazardous
7pollution prevention and, to the extent possible and practical, standardize,
8coordinate and consolidate the reporting in order to minimize duplication and
9provide useful information on hazardous pollution prevention to the
council, the 10legislature and the public.
AB100-ASA1-AA1,336,22
14299.05 Permit guarantee program. (1) The department shall promulgate
15rules under which the department refunds fees paid by an applicant for a license,
16permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27,
17chs. 280 to 283 and 287 to 292 or subch. II of ch. 295 and that is of a type specified
18in the rule if the department fails to make a determination on the application within
19the time limit specified in the rule for that type of license, permit or other approval.
20The rules under this subsection do not apply to an applicant for a license, permit or
21other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined
22in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).
AB100-ASA1-AA1,336,24
23(2) The department shall specify at least the following types of licenses,
24permits and other approvals in the rules under sub. (1):
AB100-ASA1-AA1,337,1
1(a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.
AB100-ASA1-AA1,337,22
(b) Approvals under s. 281.17 (1).
AB100-ASA1-AA1,337,33
(c) Permits under subch. IV of ch. 283.
AB100-ASA1-AA1,337,44
(e) Licenses under subch. III of ch. 289.
AB100-ASA1-AA1,337,55
(f) Licenses issued under subch. IV of ch. 291.".
AB100-ASA1-AA1,337,8
8299.94 Immunity for disclosures. (1) Definitions. In this section:
AB100-ASA1-AA1,337,99
(a) "Environmental audit" has the meaning given in s. 905.20 (1) (a).
AB100-ASA1-AA1,337,1010
(b) "Environmental requirement" has the meaning given in s. 905.20 (1) (b).
AB100-ASA1-AA1,337,14
11(2) Disclosure immunity. (a) A person who voluntarily discloses to the
12department information relating to a potential violation of an environmental
13requirement to the department shall be immune from the imposition of a civil or
14criminal penalty that could be imposed for the violation if all of the following apply:
AB100-ASA1-AA1,337,2015
1. At the time that the voluntary disclosure is made to the department, the
16person making that disclosure provides the department with a certification, signed
17before the environmental audit occurred by the person or by an authorized
18representative of the person, that specifies the facility or portion of a facility to be
19audited, when the audit will begin and the general scope of the audit. The
20certification may relate to more than one scheduled environmental audit.
AB100-ASA1-AA1,337,2321
2. The voluntary disclosure is made promptly after the person knew, on the
22basis of information obtained during an environmental audit, that a potential
23violation occurred.
AB100-ASA1-AA1,337,2424
3. The person makes a good faith effort to timely correct the potential violation.
AB100-ASA1-AA1,338,2
14. The person cooperates with any reasonable request by the department in any
2investigation that results from the disclosure.
AB100-ASA1-AA1,338,53
5. The environmental audit occurs before the person is made aware that he or
4she is under investigation by a regulatory agency for potential violations of
5environmental requirements.
AB100-ASA1-AA1,338,86
6. At the time that the voluntary disclosure is made to the department, the
7person making that disclosure provides the department with information showing
8that the conditions specified in subds. 2. to 5. have been satisfied.
AB100-ASA1-AA1,338,139
(b) If the person who voluntarily discloses information under par. (a) is a
10governmental unit, as defined in s. 939.648 (1), or a business entity, the immunity
11under this subsection applies to a director, officer, official, shareholder, trustee and
12managing employe, as defined in s. 49.498 (1) (e), of that person and to an employe
13of that person if the employe consents in writing to the disclosure.
AB100-ASA1-AA1,338,15
14(3) Exceptions. A penalty may be imposed notwithstanding sub. (2) if any of
15the following applies:
AB100-ASA1-AA1,338,1816
(a) The information disclosed under sub. (2) is required to be reported under
17a specific permit, license or approval condition or under an order issued by the
18department.
AB100-ASA1-AA1,338,2019
(b) The violation resulted in serious actual harm or in imminent and
20substantial endangerment to human health or the environment.
AB100-ASA1-AA1,339,221
(c) Within 3 years before the disclosure, the person making the disclosure has
22been found by a court or administrative law judge to have knowingly committed a
23criminal act or committed serious violations that constitute a pattern of continuous
24or repeated violations of environmental requirements, settlement agreements,
1consent orders or judicial orders that were due to separate and distinct events giving
2rise to the violations.
AB100-ASA1-AA1,339,43
(d) The violation resulted in a substantial economic benefit that gave the
4violator a clear advantage over its business competitors.
AB100-ASA1-AA1,339,9
5(4) Criminal penalties. Immunity provided for in this section does not apply
6to any criminal penalties if the criminal violation was the result of gross negligence
7by the owner or operator of a site or facility or was committed with knowledge by an
8owner or operator of a site or facility that an environmental requirement was
9violated.
AB100-ASA1-AA1,339,17
10(5) Burden of proof. When the department commences an enforcement action
11against any person covered under sub. (2) for a violation of an environmental
12requirement based in whole or in part on information contained in an environmental
13audit and disclosed to the department, the disclosure shall be presumed to be
14voluntary. The department has the burden of proving by a preponderance of the
15evidence that a penalty may be imposed because the disclosure was not voluntary,
16because any of the conditions under sub. (2) (a) were not met or because one of the
17exceptions under sub. (3) applies.".
AB100-ASA1-AA1,340,722
301.16
(1g) In addition to the institutions under sub. (1), the department of
23corrections shall establish the medium security correctional institution or
24institutions authorized under 1997 Wisconsin Act .... (this act), section 9107 (1) (b),
1at the site or sites selected by the building commission. If the department of
2administration, under s. 16.707, accepts a competitive sealed proposal for the initial
3operation and management of a medium security correctional institution authorized
4under 1997 Wisconsin Act .... (this act), section 9107 (1) (b), the department of
5corrections shall enter into a contractual services agreement with the contractor for
6the initial operation and management of the medium security correctional
7institution.".
AB100-ASA1-AA1,340,11
9"(a) For community youth and family aids under this section, amounts not to
10exceed
$37,243,500 $39,232,900 for the last 6 months of
1996 and $37,347,600 1997,
11$78,465,900 for 1998 and $39,233,000 for the first 6 months of
1997 1999.".
AB100-ASA1-AA1,340,2314
301.37
(5) The department's standards and regulations under sub. (1) for
15secure detention facilities apply to private secure detention facilities used under s.
16938.222. At least annually, the department shall inspect each such private secure
17detention facility with respect to safety, sanitation, adequacy and fitness, report to
18the county board and the private entity operating the private secure detention
19facility regarding any deficiency found and order the necessary work to correct it.
20If within 6 months thereafter the work is not commenced, or not completed within
21a reasonable period thereafter to the satisfaction of the department, the department
22shall prohibit the use of the private secure detention facility for purposes of s.
23938.222 until the order is complied with.".
AB100-ASA1-AA1,341,122
303.01
(1) (b) The department,
with the approval of the prison industries board
3and after a hearing is held under par. (c), may establish industries for the
4employment of inmates in the state prisons or residents in any correctional
5institution operated by the department for holding in secure custody persons
6adjudged delinquent. Except as provided in par. (d), prison industries may engage
7in manufacturing articles for and providing services to the state and its political
8subdivisions and any tax-supported institution or nonprofit agency and for sale of
9such articles and services to other states or political divisions thereof or to the United
10States. The department shall fix the price of all products and services as near the
11market price as possible. Supplies, materials and equipment may be reconditioned
12by prison industries for sale under s. 16.72.".
