Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,369,19 1162. Page 1524, line 21: delete lines 21 to 24.

AB100-ASA1-AA8,369,20 1163. Page 1525, line 12: delete lines 12 to 19.

AB100-ASA1-AA8,369,21 1164. Page 1526, line 6: delete lines 6 to 19 and substitute:

AB100-ASA1-AA8,369,22 " Section 3614mg. 287.23 (1m) of the statutes is created to read:

AB100-ASA1-AA8,370,7 287.23 (1m) Financial assistance after the year 2000. No later than September 1, 1998, the department shall submit a proposal to the legislature that if enacted will carry out the intent of the legislature that this state continue at least through the year 2004 its practice of providing state financial assistance to municipalities, counties, other units of government, including federally recognized Indian tribes and bands in this state, and solid waste management systems for expenses relating to programs for the recycling of postconsumer waste.".

AB100-ASA1-AA8,370,9 1165. Page 1527, line 13: delete the material beginning with that line and ending with page 1528, line 2.

AB100-ASA1-AA8,370,10 1166. Page 1528, line 13: after that line insert:

AB100-ASA1-AA8,370,11 " Section 3621c. 287.41 (4) of the statutes is created to read:

AB100-ASA1-AA8,370,13 287.41 (4) The department of commerce shall use the strategic plan prepared and revised under this section to guide the activities of the board.".

AB100-ASA1-AA8,370,14 1167. Page 1528, line 14: delete lines 14 to 21.

AB100-ASA1-AA8,370,15 1168. Page 1528, line 22: after that line insert:

AB100-ASA1-AA8,370,16 " Section 3622m. 287.42 (3m) of the statutes is created to read:

AB100-ASA1-AA8,370,19 287.42 (3m) Contract with, and provide sufficient funding for, an existing materials exchange program to operate a statewide materials exchange program until December 31, 1999.".

AB100-ASA1-AA8,370,20 1169. Page 1530, line 23: before that line insert:

AB100-ASA1-AA8,370,21 " Section 3636m. 289.05 (2) of the statutes is amended to read:

AB100-ASA1-AA8,371,11 289.05 (2) With the advice and comment of the metallic mining council, the The department shall promulgate rules for the identification and regulation of metallic mining wastes. The rules promulgated to identify metallic mining wastes and to regulate the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes shall be in accordance with any or all of the provisions under this chapter and chs. 30 and 283. The rules shall take into consideration the special requirements of metallic mining operations in the location, design, construction, operation and maintenance of facilities for the disposal of metallic mining wastes as well as any special environmental concerns that will arise as a result of the disposal of metallic mining wastes. In promulgating the rules, the department shall give consideration to research, studies, data and recommendations of the U.S. environmental protection agency on the subject of metallic mining wastes arising from the agency's efforts to implement the resource conservation and recovery act.

AB100-ASA1-AA8, s. 3636p Section 3636p. 289.08 of the statutes is repealed.".

AB100-ASA1-AA8,371,13 1170. Page 1530, line 25: after that line insert:

AB100-ASA1-AA8,371,14 " Section 3637m. 289.55 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,371,16 289.55 (1) (b) "Tire dump" means any location that is used for storing or disposing of waste tires or solid waste resulting from manufacturing tires.

AB100-ASA1-AA8, s. 3637n Section 3637n. 289.55 (2) of the statutes is amended to read:

AB100-ASA1-AA8,372,6 289.55 (2) Department authority; abatement. If the department determines that a tire dump is a nuisance, it shall notify the person responsible for the nuisance and request that the waste tires or the solid waste resulting from manufacturing tires be processed or removed within a specified period. If the person fails to take the requested action within the specified period, the department shall order the person to abate the nuisance within a specified period. If the person responsible for the nuisance is not the owner of the property on which the tire dump is located, the department may order the property owner to permit abatement of the nuisance. If the person responsible for the nuisance fails to comply with the order, the department may take any action necessary to abate the nuisance, including entering the property where the tire dump is located and confiscating the waste tires or the solid waste resulting from manufacturing tires, or arranging to have the waste tires or the solid waste resulting from manufacturing tires processed or removed.".

AB100-ASA1-AA8,372,7 1171. Page 1535, line 24: after that line insert:

AB100-ASA1-AA8,372,8 " Section 3660g. 292.11 (9) (g) of the statutes is created to read:

AB100-ASA1-AA8,372,12 292.11 (9) (g) 1. In this paragraph, "petroleum contaminated soil" means soil that is contaminated with materials derived from petroleum, natural gas or asphalt, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.

AB100-ASA1-AA8,372,14 2. A person is exempted from sub. (7) (b) and from the penalty requirements of this section if all of the following apply:

AB100-ASA1-AA8,372,16 a. The person's act or omission was taken while performing services under contract with the department of transportation.

AB100-ASA1-AA8,372,19 b. The act or omission involving the petroleum contaminated soil was consistent with the contract described in subd. 2. a. or was directed by the department of transportation.

AB100-ASA1-AA8,372,20 3. Subd. 2. does not apply to any person:

AB100-ASA1-AA8,372,22 a. Who brought petroleum contaminated soil onto the property or caused the soil to become petroleum contaminated soil.

AB100-ASA1-AA8,373,3 b. Who is under a previous contract with a state agency other than the department of transportation to remove a hazardous substance from the property, or to treat a hazardous substance on the property.

AB100-ASA1-AA8,373,5 c. Whose act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.".

AB100-ASA1-AA8,373,7 1172. Page 1536, line 2: after "liability" insert "for groundwater contamination".

AB100-ASA1-AA8,373,8 1173. Page 1536, line 3: delete "soil or".

AB100-ASA1-AA8,373,10 1174. Page 1536, line 4: delete "owned" and substitute "possessed or controlled".

AB100-ASA1-AA8,373,12 1175. Page 1536, line 9: after "investigation" insert "or submits other information".

AB100-ASA1-AA8,373,13 1176. Page 1536, line 15: delete lines 15 to 19.

AB100-ASA1-AA8,373,14 1177. Page 1536, line 21: before "to avoid" insert "and".

AB100-ASA1-AA8,373,15 1178. Page 1537, line 1: before that line insert:

AB100-ASA1-AA8,373,19 "(1m) Exemption from liability for soil contamination. 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 on property possessed or controlled by the person if all of the following apply:

AB100-ASA1-AA8,373,21 (a) The discharge of the hazardous substance originated from a source on property that is not possessed or controlled by the person.

AB100-ASA1-AA8,373,23 (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-AA8,374,3 (c) The person conducts an investigation or submits other information, that the department determines is adequate, to substantiate that pars. (a) and (b) are satisfied.

AB100-ASA1-AA8,374,7 (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-AA8,374,13 (e) The person agrees to take one or more of the following actions at the direction of the department if, after the department has made a reasonable attempt to notify the party who caused the discharge of the hazardous substance about the party's responsibilities under s. 292.11, the department determines that the action or actions are necessary to prevent an imminent threat to human health, safety or welfare or to the environment:

AB100-ASA1-AA8,374,14 1. Limit public access to the property.

AB100-ASA1-AA8,374,16 2. Identify, monitor and mitigate fire, explosion and vapor hazards on the property.

AB100-ASA1-AA8,374,17 3. Visually inspect the property and install appropriate containment barriers.

AB100-ASA1-AA8,374,19 (f) The person agrees to avoid any interference with action undertaken to respond to the discharge and to avoid actions that worsen the discharge.

AB100-ASA1-AA8,374,22 (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-AA8,374,24 1179. Page 1537, line 2: delete "owning" and substitute "who possesses or controls".

AB100-ASA1-AA8,375,1 1180. Page 1537, line 4: before "requirements" insert "applicable".

AB100-ASA1-AA8,375,2 1181. Page 1537, line 4: delete "sub. (1)" and substitute "subs. (1) and (1m)".

AB100-ASA1-AA8,375,3 1182. Page 1537, line 5: after "(1)" insert "or (1m)".

AB100-ASA1-AA8,375,4 1183. Page 1537, line 13: delete that line and substitute:

AB100-ASA1-AA8,375,5 " Section 3664d. 292.15 (1) (c) 1. of the statutes is repealed.".

AB100-ASA1-AA8,375,6 1184. Page 1537, line 15: delete "1.".

AB100-ASA1-AA8,375,8 1185. Page 1537, line 17: delete "1. The person" and substitute "The person "Voluntary party" means a person who".

AB100-ASA1-AA8,375,10 1186. Page 1537, line 17: after "otherwise" insert " intentionally or recklessly".

AB100-ASA1-AA8,375,11 1187. Page 1537, line 17: delete "release discharge" and substitute "release".

AB100-ASA1-AA8,375,12 1188. Page 1537, line 19: delete lines 19 to 21.

AB100-ASA1-AA8,375,13 1189. Page 1537, line 22: delete lines 22 to 24.

AB100-ASA1-AA8,375,14 1190. Page 1538, line 2: after "ss. 289.05 (1), (2)" insert ", (3)".

AB100-ASA1-AA8,375,16 1191. Page 1538, line 5: delete "the release of which occurred prior to the date of"and substitute "the release of which occurred prior to the date of".

AB100-ASA1-AA8,375,18 1192. Page 1538, line 6: delete "acquisition of the property" and substitute "acquisition of the property".

AB100-ASA1-AA8,375,19 1193. Page 1539, line 18: delete "off" and substitute "originating from".

AB100-ASA1-AA8,375,20 1194. Page 1541, line 15: after that line insert:

AB100-ASA1-AA8,375,21 " Section 3676m. 292.15 (3m) of the statutes is created to read:

AB100-ASA1-AA8,376,3 292.15 (3m) Tenants and lessees. The exemption provided in sub. (2) applies to any tenant or lessee of property on which a hazardous substance is discharged if the property is owned by a voluntary party.".

AB100-ASA1-AA8,376,4 1195. Page 1542, line 13: after that line insert:

AB100-ASA1-AA8,376,5 " Section 3678m. 292.15 (5m) of the statutes is created to read:

AB100-ASA1-AA8,376,13 292.15 (5m) Prospective purchaser assurance letters. The secretary, in accordance with rules promulgated by the department, may issue to a prospective purchaser of property a letter certifying that the prospective purchaser is entitled to the exemptions described under sub. (2). The secretary may condition the entitlement to the exemptions upon the prospective purchaser's taking action as provided in this section and in a manner considered satisfactory to the department. Notwithstanding sub. (1) (f), a person to whom the secretary issues a letter under this subsection shall be considered to be a voluntary party under this section.".

AB100-ASA1-AA8,376,14 1196. Page 1545, line 4: delete "or exacerbates an existing discharge".

AB100-ASA1-AA8,376,16 1197. Page 1545, line 5: delete the material beginning with "or exacerbates" and ending with "discharge" on line 6.

AB100-ASA1-AA8,376,18 1198. Page 1545, line 7: delete the material beginning with that line and ending with page 1546, line 15.

AB100-ASA1-AA8,376,19 1199. Page 1559, line 1: delete lines 1 to 3.

AB100-ASA1-AA8,376,20 1200. Page 1559, line 4: after that line insert:

AB100-ASA1-AA8,377,3 "(gm) "Immediate action" means a remedial action that is taken within a short time after a discharge of dry cleaning solvent occurs, or after the discovery of a discharge of dry cleaning solvent, to halt the discharge, contain or remove discharged dry cleaning solvent or remove contaminated soil or water in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands and waters of the state and to eliminate any imminent threat to public health, safety or welfare.".

AB100-ASA1-AA8,377,5 1201. Page 1560, line 17: delete "emergency remedial" and substitute "immediate".

AB100-ASA1-AA8,377,7 1202. Page 1560, line 20: delete "emergency remedial" and substitute "immediate".

AB100-ASA1-AA8,377,9 1203. Page 1560, line 21: delete "emergency remedial" and substitute "immediate".

AB100-ASA1-AA8,377,11 1204. Page 1561, line 2: delete "emergency remedial" and substitute "immediate".

AB100-ASA1-AA8,377,12 1205. Page 1561, line 3: after that line insert:

AB100-ASA1-AA8,377,19 "(cm) 1. If the department determines that immediate action is necessary in response to a discharge of dry cleaning solvent, the owner or operator of the dry cleaning facility conducts the immediate action and is eligible for an award under this section and the amounts appropriated under s. 20.370 (6) (eq) are not sufficient to pay the award, the department shall pay the award using funds under s. 20.370 (2) (dv). Awards under this subdivision have priority over other payments under s. 20.370 (2) (dv) except for payments under s. 292.31 (4) and (5).

AB100-ASA1-AA8,377,22 2. Whenever the department of natural resources pays an award under subd. 1., it shall provide a notice to the department of revenue stating the amount of the award.".

AB100-ASA1-AA8,377,23 1206. Page 1562, line 17: substitute "Immediate action" for "Emergency".

AB100-ASA1-AA8,378,3 1207. Page 1562, line 18: delete the material beginning with "conducting" and ending with "inappropriate" on line 20 and substitute "conducting an immediate action activity if the department determines that an immediate action is necessary".

AB100-ASA1-AA8,378,5 1208. Page 1575, line 11: delete "An emergency does not exist" and substitute "Immediate action is not necessary".

AB100-ASA1-AA8,378,7 1209. Page 1576, line 5: delete the material beginning with "an" and ending with "exists" on line 6 and substitute "immediate action is necessary".