Amendment AA8-ASA1-AB100

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".

AB100-ASA1-AA8,378,9 1210. Page 1577, line 6: delete the material beginning with that line and ending with page 1581, line 17.

AB100-ASA1-AA8,378,10 1211. Page 1581, line 17: after that line insert:

AB100-ASA1-AA8,378,11 " Section 3730m. 293.13 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,378,19 293.13 (1) (b) Establish by rule after consulting with the metallic mining council minimum qualifications for applicants for prospecting and mining permits. Such minimum qualifications shall ensure that each operator in the state is competent to conduct mining and reclamation and each prospector in the state is competent to conduct prospecting in a fashion consistent with the purposes of this chapter. The department shall also consider such other relevant factors bearing upon minimum qualifications, including but not limited to, any past forfeitures of bonds posted pursuant to mining activities in any state.

AB100-ASA1-AA8, s. 3730p Section 3730p. 293.13 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,379,2 293.13 (2) (a) The department by rule after consulting with the metallic mining council shall adopt minimum standards for exploration, prospecting, mining and reclamation to ensure that such activities in this state will be conducted in a manner consistent with the purposes and intent of this chapter. The minimum standards may classify exploration, prospecting and mining activities according to type of minerals involved and stage of progression in the operation.".

AB100-ASA1-AA8,379,4 1212. Page 1593, line 8: delete the material beginning with "If" and ending with "council." on line 10.

AB100-ASA1-AA8,379,5 1213. Page 1599, line 7: after that line insert:

AB100-ASA1-AA8,379,6 " Section 3786f. 299.13 (1) (bm) of the statutes is repealed.

AB100-ASA1-AA8, s. 3786h Section 3786h. 299.13 (1m) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,379,11 299.13 (1m) Promotion of hazardous pollution prevention. (intro.) In carrying out the duties under this section and ss. 36.25 (30) and 560.19 and this section, the department, the department of commerce, the council and the program shall promote all of the following techniques for hazardous pollution prevention:

AB100-ASA1-AA8, s. 3786j Section 3786j. 299.13 (2) (b) of the statutes is amended to read:

AB100-ASA1-AA8,379,17 299.13 (2) (b) Identify all department requirements for reporting on hazardous pollution prevention and, to the extent possible and practical, standardize, coordinate and consolidate the reporting in order to minimize duplication and provide useful information on hazardous pollution prevention to the council, the legislature and the public.

AB100-ASA1-AA8, s. 3786L Section 3786L. 299.13 (2) (e) of the statutes is repealed.".

AB100-ASA1-AA8,379,19 1214. Page 1599, line 7: after that line insert:

AB100-ASA1-AA8,379,20 " Section 3785. 299.05 of the statutes is created to read:

AB100-ASA1-AA8,380,5 299.05 Permit guarantee program. (1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a license, permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27, chs. 280 to 283 and 287 to 292 or subch. II of ch. 295 and that is of a type specified in the rule if the department fails to make a determination on the application within the time limit specified in the rule for that type of license, permit or other approval. The rules under this subsection do not apply to an applicant for a license, permit or other approval related to mining, as defined in s. 293.01 (9), prospecting, as defined in s. 293.01 (18), or nonmetallic mining, as defined in s. 295.11 (3).

AB100-ASA1-AA8,380,7 (2) The department shall specify at least the following types of licenses, permits and other approvals in the rules under sub. (1):

AB100-ASA1-AA8,380,8 (a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.

AB100-ASA1-AA8,380,9 (b) Approvals under s. 281.17 (1).

AB100-ASA1-AA8,380,10 (c) Permits under subch. IV of ch. 283.

AB100-ASA1-AA8,380,11 (e) Licenses under subch. III of ch. 289.

AB100-ASA1-AA8,380,12 (f) Licenses issued under subch. IV of ch. 291.".

AB100-ASA1-AA8,380,13 1215. Page 1616, line 25: after that line insert: