AB100-ASA1-AA8, s. 3636p 12Section 3636p. 289.08 of the statutes is repealed.".
AB100-ASA1-AA8,371,13 131170. Page 1530, line 25: after that line insert:
AB100-ASA1-AA8,371,14 14" Section 3637m. 289.55 (1) (b) of the statutes is amended to read:
AB100-ASA1-AA8,371,1615 289.55 (1) (b) "Tire dump" means any location that is used for storing or
16disposing of waste tires or solid waste resulting from manufacturing tires.
AB100-ASA1-AA8, s. 3637n 17Section 3637n. 289.55 (2) of the statutes is amended to read:
AB100-ASA1-AA8,372,618 289.55 (2) Department authority; abatement. If the department determines
19that a tire dump is a nuisance, it shall notify the person responsible for the nuisance
20and request that the waste tires or the solid waste resulting from manufacturing
21tires
be processed or removed within a specified period. If the person fails to take the
22requested action within the specified period, the department shall order the person
23to abate the nuisance within a specified period. If the person responsible for the
24nuisance is not the owner of the property on which the tire dump is located, the

1department may order the property owner to permit abatement of the nuisance. If
2the person responsible for the nuisance fails to comply with the order, the
3department may take any action necessary to abate the nuisance, including entering
4the property where the tire dump is located and confiscating the waste tires or the
5solid waste resulting from manufacturing tires
, or arranging to have the waste tires
6or the solid waste resulting from manufacturing tires processed or removed.".
AB100-ASA1-AA8,372,7 71171. Page 1535, line 24: after that line insert:
AB100-ASA1-AA8,372,8 8" Section 3660g. 292.11 (9) (g) of the statutes is created to read:
AB100-ASA1-AA8,372,129 292.11 (9) (g) 1. In this paragraph, "petroleum contaminated soil" means soil
10that is contaminated with materials derived from petroleum, natural gas or asphalt,
11including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants,
12waxes, greases and petrochemicals.
AB100-ASA1-AA8,372,1413 2. A person is exempted from sub. (7) (b) and from the penalty requirements
14of this section if all of the following apply:
AB100-ASA1-AA8,372,1615 a. The person's act or omission was taken while performing services under
16contract with the department of transportation.
AB100-ASA1-AA8,372,1917 b. The act or omission involving the petroleum contaminated soil was
18consistent with the contract described in subd. 2. a. or was directed by the
19department of transportation.
AB100-ASA1-AA8,372,2020 3. Subd. 2. does not apply to any person:
AB100-ASA1-AA8,372,2221 a. Who brought petroleum contaminated soil onto the property or caused the
22soil to become petroleum contaminated soil.
AB100-ASA1-AA8,373,3
1b. Who is under a previous contract with a state agency other than the
2department of transportation to remove a hazardous substance from the property,
3or to treat a hazardous substance on the property.
AB100-ASA1-AA8,373,54 c. Whose act or omission constitutes gross negligence or involves reckless,
5wanton or intentional misconduct.".
AB100-ASA1-AA8,373,7 61172. Page 1536, line 2: after "liability" insert "for groundwater
7contamination
".
AB100-ASA1-AA8,373,8 81173. Page 1536, line 3: delete "soil or".
AB100-ASA1-AA8,373,10 91174. Page 1536, line 4: delete "owned" and substitute "possessed or
10controlled".
AB100-ASA1-AA8,373,12 111175. Page 1536, line 9: after "investigation" insert "or submits other
12information".
AB100-ASA1-AA8,373,13 131176. Page 1536, line 15: delete lines 15 to 19.
AB100-ASA1-AA8,373,14 141177. Page 1536, line 21: before "to avoid" insert "and".
AB100-ASA1-AA8,373,15 151178. Page 1537, line 1: before that line insert:
AB100-ASA1-AA8,373,19 16"(1m) Exemption from liability for soil contamination. A person is exempt
17from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous
18substance in the soil on property possessed or controlled by the person if all of the
19following apply:
AB100-ASA1-AA8,373,2120 (a) The discharge of the hazardous substance originated from a source on
21property that is not possessed or controlled by the person.
AB100-ASA1-AA8,373,2322 (b) The person did not possess or control the hazardous substance on the
23property on which the discharge originated or cause the original discharge.
AB100-ASA1-AA8,374,3
1(c) The person conducts an investigation or submits other information, that the
2department determines is adequate, to substantiate that pars. (a) and (b) are
3satisfied.
AB100-ASA1-AA8,374,74 (d) The person agrees to allow the department, any authorized representatives
5of the department, any party that possessed or controlled the hazardous substance
6or caused the discharge of the hazardous substance and any consultant or contractor
7of such a party to enter the property to take action to respond to the discharge.
AB100-ASA1-AA8,374,138 (e) The person agrees to take one or more of the following actions at the
9direction of the department if, after the department has made a reasonable attempt
10to notify the party who caused the discharge of the hazardous substance about the
11party's responsibilities under s. 292.11, the department determines that the action
12or actions are necessary to prevent an imminent threat to human health, safety or
13welfare or to the environment:
AB100-ASA1-AA8,374,1414 1. Limit public access to the property.
AB100-ASA1-AA8,374,1615 2. Identify, monitor and mitigate fire, explosion and vapor hazards on the
16property.
AB100-ASA1-AA8,374,1717 3. Visually inspect the property and install appropriate containment barriers.
AB100-ASA1-AA8,374,1918 (f) The person agrees to avoid any interference with action undertaken to
19respond to the discharge and to avoid actions that worsen the discharge.
AB100-ASA1-AA8,374,2220 (g) The person agrees to any other condition that the department determines
21is reasonable and necessary to ensure that the department or other person described
22in par. (d) can adequately respond to the discharge.".
AB100-ASA1-AA8,374,24 231179. Page 1537, line 2: delete "owning" and substitute "who possesses or
24controls".
AB100-ASA1-AA8,375,1
11180. Page 1537, line 4: before "requirements" insert "applicable".
AB100-ASA1-AA8,375,2 21181. Page 1537, line 4: delete "sub. (1)" and substitute "subs. (1) and (1m)".
AB100-ASA1-AA8,375,3 31182. Page 1537, line 5: after "(1)" insert "or (1m)".
AB100-ASA1-AA8,375,4 41183. Page 1537, line 13: delete that line and substitute:
AB100-ASA1-AA8,375,5 5" Section 3664d. 292.15 (1) (c) 1. of the statutes is repealed.".
AB100-ASA1-AA8,375,8 71185. Page 1537, line 17: delete "1. The person" and substitute "The person
8"Voluntary party" means a person who".
AB100-ASA1-AA8,375,10 91186. Page 1537, line 17: after "otherwise" insert " intentionally or
10recklessly
".
AB100-ASA1-AA8,375,11 111187. Page 1537, line 17: delete "release discharge" and substitute "release".
AB100-ASA1-AA8,375,12 121188. Page 1537, line 19: delete lines 19 to 21.
AB100-ASA1-AA8,375,13 131189. Page 1537, line 22: delete lines 22 to 24.
AB100-ASA1-AA8,375,14 141190. Page 1538, line 2: after "ss. 289.05 (1), (2)" insert ", (3)".
AB100-ASA1-AA8,375,16 151191. Page 1538, line 5: delete "the release of which occurred prior to the date
16of"and substitute "the release of which occurred prior to the date of".
AB100-ASA1-AA8,375,18 171192. Page 1538, line 6: delete "acquisition of the property" and substitute
18"acquisition of the property".
AB100-ASA1-AA8,375,19 191193. Page 1539, line 18: delete "off" and substitute "originating from".
AB100-ASA1-AA8,375,20 201194. Page 1541, line 15: after that line insert:
AB100-ASA1-AA8,375,21 21" Section 3676m. 292.15 (3m) of the statutes is created to read:
AB100-ASA1-AA8,376,3
1292.15 (3m) Tenants and lessees. The exemption provided in sub. (2) applies
2to any tenant or lessee of property on which a hazardous substance is discharged if
3the property is owned by a voluntary party.".
AB100-ASA1-AA8,376,4 41195. Page 1542, line 13: after that line insert:
AB100-ASA1-AA8,376,5 5" Section 3678m. 292.15 (5m) of the statutes is created to read:
AB100-ASA1-AA8,376,136 292.15 (5m) Prospective purchaser assurance letters. The secretary, in
7accordance with rules promulgated by the department, may issue to a prospective
8purchaser of property a letter certifying that the prospective purchaser is entitled to
9the exemptions described under sub. (2). The secretary may condition the
10entitlement to the exemptions upon the prospective purchaser's taking action as
11provided in this section and in a manner considered satisfactory to the department.
12Notwithstanding sub. (1) (f), a person to whom the secretary issues a letter under this
13subsection shall be considered to be a voluntary party under this section.".
AB100-ASA1-AA8,376,14 141196. Page 1545, line 4: delete "or exacerbates an existing discharge".
AB100-ASA1-AA8,376,16 151197. Page 1545, line 5: delete the material beginning with "or exacerbates"
16and ending with "discharge" on line 6.
AB100-ASA1-AA8,376,18 171198. Page 1545, line 7: delete the material beginning with that line and
18ending with page 1546, line 15.
AB100-ASA1-AA8,376,19 191199. Page 1559, line 1: delete lines 1 to 3.
AB100-ASA1-AA8,376,20 201200. Page 1559, line 4: after that line insert:
AB100-ASA1-AA8,377,3 21"(gm) "Immediate action" means a remedial action that is taken within a short
22time after a discharge of dry cleaning solvent occurs, or after the discovery of a
23discharge of dry cleaning solvent, to halt the discharge, contain or remove discharged
24dry cleaning solvent or remove contaminated soil or water in order to restore the

1environment to the extent practicable and to minimize the harmful effects of the
2discharge to air, lands and waters of the state and to eliminate any imminent threat
3to public health, safety or welfare.".
AB100-ASA1-AA8,377,5 41201. Page 1560, line 17: delete "emergency remedial" and substitute
5"immediate".
AB100-ASA1-AA8,377,7 61202. Page 1560, line 20: delete "emergency remedial" and substitute
7"immediate".
AB100-ASA1-AA8,377,9 81203. Page 1560, line 21: delete "emergency remedial" and substitute
9"immediate".
AB100-ASA1-AA8,377,11 101204. Page 1561, line 2: delete "emergency remedial" and substitute
11"immediate".
AB100-ASA1-AA8,377,12 121205. Page 1561, line 3: after that line insert:
AB100-ASA1-AA8,377,19 13"(cm) 1. If the department determines that immediate action is necessary in
14response to a discharge of dry cleaning solvent, the owner or operator of the dry
15cleaning facility conducts the immediate action and is eligible for an award under
16this section and the amounts appropriated under s. 20.370 (6) (eq) are not sufficient
17to pay the award, the department shall pay the award using funds under s. 20.370
18(2) (dv). Awards under this subdivision have priority over other payments under s.
1920.370 (2) (dv) except for payments under s. 292.31 (4) and (5).
AB100-ASA1-AA8,377,2220 2. Whenever the department of natural resources pays an award under subd.
211., it shall provide a notice to the department of revenue stating the amount of the
22award.".
AB100-ASA1-AA8,377,23 231206. Page 1562, line 17: substitute "Immediate action" for "Emergency".
AB100-ASA1-AA8,378,3
11207. Page 1562, line 18: delete the material beginning with "conducting"
2and ending with "inappropriate" on line 20 and substitute "conducting an immediate
3action activity if the department determines that an immediate action is necessary".
AB100-ASA1-AA8,378,5 41208. Page 1575, line 11: delete "An emergency does not exist" and substitute
5"Immediate action is not necessary".
AB100-ASA1-AA8,378,7 61209. Page 1576, line 5: delete the material beginning with "an" and ending
7with "exists" on line 6 and substitute "immediate action is necessary".
AB100-ASA1-AA8,378,9 81210. Page 1577, line 6: delete the material beginning with that line and
9ending with page 1581, line 17.
AB100-ASA1-AA8,378,10 101211. Page 1581, line 17: after that line insert:
AB100-ASA1-AA8,378,11 11" Section 3730m. 293.13 (1) (b) of the statutes is amended to read:
AB100-ASA1-AA8,378,1912 293.13 (1) (b) Establish by rule after consulting with the metallic mining
13council
minimum qualifications for applicants for prospecting and mining permits.
14Such minimum qualifications shall ensure that each operator in the state is
15competent to conduct mining and reclamation and each prospector in the state is
16competent to conduct prospecting in a fashion consistent with the purposes of this
17chapter. The department shall also consider such other relevant factors bearing
18upon minimum qualifications, including but not limited to, any past forfeitures of
19bonds posted pursuant to mining activities in any state.
AB100-ASA1-AA8, s. 3730p 20Section 3730p. 293.13 (2) (a) of the statutes is amended to read:
AB100-ASA1-AA8,379,221 293.13 (2) (a) The department by rule after consulting with the metallic mining
22council
shall adopt minimum standards for exploration, prospecting, mining and
23reclamation to ensure that such activities in this state will be conducted in a manner
24consistent with the purposes and intent of this chapter. The minimum standards

1may classify exploration, prospecting and mining activities according to type of
2minerals involved and stage of progression in the operation.".
AB100-ASA1-AA8,379,4 31212. Page 1593, line 8: delete the material beginning with "If" and ending
4with "council." on line 10.
AB100-ASA1-AA8,379,5 51213. Page 1599, line 7: after that line insert:
AB100-ASA1-AA8,379,6 6" Section 3786f. 299.13 (1) (bm) of the statutes is repealed.
AB100-ASA1-AA8, s. 3786h 7Section 3786h. 299.13 (1m) (intro.) of the statutes is amended to read:
AB100-ASA1-AA8,379,118 299.13 (1m) Promotion of hazardous pollution prevention. (intro.) In
9carrying out the duties under this section and ss. 36.25 (30) and 560.19 and this
10section
, the department, the department of commerce, the council and the program
11shall promote all of the following techniques for hazardous pollution prevention:
AB100-ASA1-AA8, s. 3786j 12Section 3786j. 299.13 (2) (b) of the statutes is amended to read:
AB100-ASA1-AA8,379,1713 299.13 (2) (b) Identify all department requirements for reporting on hazardous
14pollution prevention and, to the extent possible and practical, standardize,
15coordinate and consolidate the reporting in order to minimize duplication and
16provide useful information on hazardous pollution prevention to the council, the
17legislature and the public.
AB100-ASA1-AA8, s. 3786L 18Section 3786L. 299.13 (2) (e) of the statutes is repealed.".
AB100-ASA1-AA8,379,19 191214. Page 1599, line 7: after that line insert:
AB100-ASA1-AA8,379,20 20" Section 3785. 299.05 of the statutes is created to read:
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