SB77-SSA1,1551,1917
292.35
(3) (a) 2. The names, addresses and contact persons, to the extent
18known, for all of the responsible parties identified by the
political subdivision local
19governmental unit.
SB77-SSA1,1551,2321
292.35
(3) (a) 3. The location and availability of documents that support the
22claim of the
political subdivision local governmental unit against the responsible
23party.
SB77-SSA1,1552,6
1292.35
(3) (b) The department shall maintain a list of competent and
2disinterested umpires qualified to perform the duties under subs. (4) to (6). None of
3the umpires may be employes of the department. Upon receiving notice from a
4political subdivision local governmental unit under par. (a), the secretary or his or
5her designee shall select an umpire from the list and inform the
political subdivision 6local governmental unit and responsible parties of the person selected.
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292.35
(3) (c) Within 10 days after receiving notice of the umpire selected by
9the department under par. (b), the
political subdivision local governmental unit may
10notify the department that the umpire selected is unacceptable. Within 10 days after
11receiving notice of the umpire selected by the department under par. (b), a
12responsible party may notify the department that the umpire selected is
13unacceptable or that the responsible party does not intend to participate in the
14negotiation. Failure to notify the department that the umpire is unacceptable shall
15be considered acceptance. If all responsible parties identified by the
political
16subdivision local governmental unit indicate that they do not intend to participate
17in the negotiation, the department shall inform the
political subdivision local
18governmental unit and the
political subdivision
local governmental unit shall cease
19further action under this section.
SB77-SSA1,1552,2421
292.35
(3) (d) Upon receiving notice under par. (c) that the selected umpire is
22unacceptable, the secretary or his or her designee shall select 5 additional umpires
23from the list and inform the
political subdivision
local governmental unit and
24responsible parties of the persons selected.
SB77-SSA1,1553,9
1292.35
(3) (e) Within 10 days after receiving notice of the umpires selected by
2the department under par. (d), the
political subdivision local governmental unit or
3a responsible party may notify the department that one or more of the umpires
4selected are unacceptable. Failure to notify the department shall be considered
5acceptance. The secretary or his or her designee shall select an umpire from among
6those umpires not identified as unacceptable by the
political subdivision local
7governmental unit or a responsible party or, if all umpires are identified as
8unacceptable, the secretary or his or her designee shall designate a person to be
9umpire for the negotiation.
SB77-SSA1,1553,2011
292.35
(4) (a) The umpire, immediately upon being appointed, shall contact the
12department, the
political subdivision local governmental unit and the responsible
13parties that received the offer to settle and shall schedule the negotiating sessions.
14The umpire shall schedule the first negotiating session no later than 20 days after
15being appointed. The umpire may meet with all parties to the negotiation, individual
16parties or groups of parties. The umpire shall facilitate a discussion between the
17political subdivision local governmental unit and the responsible parties to attempt
18to reach an agreement on the design and implementation of the remedial action plan
19and the contribution of funds by the
political subdivision local governmental unit and
20responsible parties.
SB77-SSA1,1554,222
292.35
(4) (d) The
political subdivision local governmental unit and the
23responsible parties that participate in negotiations shall pay for the costs of the
24umpire, whether or not an agreement among the parties is reached under sub. (5) or
25the parties accept the recommendation of the umpire under sub. (6). The umpire
1shall determine an equitable manner of paying for the costs of the umpire, which is
2binding.
SB77-SSA1,1554,114
292.35
(5) Agreement in negotiation. The
political subdivision local
5governmental unit and any of the responsible parties may enter into any agreement
6in negotiation regarding the design and implementation of the remedial action plan
7and the contribution of funds by the
political subdivision local governmental unit and
8responsible parties for the investigation and remedial action. The portion of the
9agreement containing the design and implementation of the remedial action plan
10shall be submitted to the department for approval. The department may approve
11that portion of the agreement as submitted or require modifications.
SB77-SSA1,1555,213
292.35
(6) (a) If the
political subdivision local governmental unit and any
14responsible parties are unable to reach an agreement under sub. (5) by the end of the
15period of negotiation, the umpire shall make a recommendation regarding the design
16and implementation of the remedial action plan and the contribution of funds for
17investigation and remedial action by the
political subdivision local governmental
18unit and all responsible parties that were identified by the
political subdivision local
19governmental unit and that did not reach an agreement under sub. (5), whether or
20not the responsible parties participated in negotiations under sub. (4). The umpire
21shall submit the recommendation to the department for its approval within 20 days
22after the end of the period of negotiation under sub. (4) (c). The department may
23approve the recommendation as submitted or require modifications. The umpire
24shall distribute a copy of the approved recommendation to the
political subdivision
1local governmental unit and all responsible parties identified by the
political
2subdivision local governmental unit.
SB77-SSA1,1555,114
292.35
(6) (b) The
political subdivision local governmental unit and the
5responsible parties that did not reach an agreement under sub. (5) shall accept or
6reject the umpire's recommendation within 60 days after receiving it. Failure to
7accept or reject the recommendation within 60 days shall be considered rejection of
8the recommendation. If the
political subdivision
local governmental unit rejects the
9recommendation with respect to any responsible party, the recommendation does not
10apply to that responsible party. If a responsible party rejects the recommendation,
11it does not apply to that responsible party.
SB77-SSA1,1555,2513
292.35
(7) Responsible parties subject to an agreement or recommendation. 14A responsible party that enters into an agreement under sub. (5) with a
political
15subdivision local governmental unit or that accepts the umpire's recommendation
16under sub. (6), if the
political subdivision local governmental unit does not reject the
17recommendation, is required to comply with the agreement or recommendation.
18When the responsible party has complied with the agreement or recommendation,
19the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
20292.31 (8), or to the
political subdivision local governmental unit for any additional
21costs of the investigation or remedial action; the responsible party is not liable to any
22other responsible party for contribution to costs incurred by any other responsible
23party for the investigation or remedial action; and the responsible party is not subject
24to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
25or recommendation.
SB77-SSA1, s. 3711
1Section
3711. 292.35 (8) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1556,42
292.35
(8) (b) (intro.) A
political subdivision local governmental unit is entitled
3to recover litigation expenses and interest on the judgment against a responsible
4party if any of the following occurs:
SB77-SSA1,1556,106
292.35
(8) (b) 1. The
political subdivision local governmental unit accepts the
7recommendation of an umpire under sub. (6), the responsible party rejects it and the
8political subdivision local governmental unit recovers a judgment under sub. (9)
9against that responsible party that equals or exceeds the amount of the umpire's
10recommendation.
SB77-SSA1,1556,1712
292.35
(8) (b) 2. The
political subdivision local governmental unit and the
13responsible party enter into an agreement under sub. (5) or accept the umpire's
14recommendation under sub. (6), the responsible party does not comply with the
15requirements of the agreement or recommendation and the
political subdivision 16local governmental unit recovers a judgment against that responsible party based
17on the agreement or recommendation.
SB77-SSA1,1557,219
292.35
(8) (c) A responsible party is entitled to recover litigation expenses from
20a
political subdivision local governmental unit if the responsible party accepts the
21recommendation of an umpire under sub. (6), the
political subdivision local
22governmental unit rejects the recommendation of the umpire under sub. (6) with
23respect to the responsible party, the
political subdivision local governmental unit 24institutes an action under sub. (9) against the responsible party and the
political
25subdivision local governmental unit recovers a judgment under sub. (9) against the
1responsible party that is equal to or less than the amount of the umpire's
2recommendation.
SB77-SSA1, s. 3715
3Section
3715. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and
4amended to read:
SB77-SSA1,1557,115
292.35
(9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s.
6292.21, a responsible party is liable for a portion of the costs, as determined under
7pars. (c) to (e), incurred by a
political subdivision
local governmental unit for
8remedial action in an agreement under sub. (5) or a recommendation under sub. (6)
9and for any related investigation. A right of action shall accrue to a
political
10subdivision local governmental unit against the responsible party for costs listed in
11this
subdivision paragraph.
SB77-SSA1,1557,1714
292.41
(6) (c) The department is entitled to recover moneys expended under
15this section from any person who caused the containers to be abandoned or is
16responsible for the containers. The funds recovered under this paragraph shall be
17deposited into the environmental fund for environmental
repair management.
SB77-SSA1,1557,2520
292.51
(2) The department may seek and receive voluntary contributions of
21funds from a municipality or any other public or private source for all or part of the
22costs of remedying environmental contamination if the activities being funded are
23part of a cooperative effort, by the department and the person providing the funds,
24to remedy that environmental contamination.
All contributions received under this
25subsection shall be deposited in the environmental fund.
SB77-SSA1,1558,4
2292.55 Requests for liability clarification and technical assistance. (1) 3(a) The department may, upon request, assist a person to determine whether the
4person is or may become liable for the environmental pollution of a property.
SB77-SSA1,1558,75
(b) The department may, upon request, assist in, or provide comments on, the
6planning and implementation of an environmental investigation of a property or the
7environmental cleanup of a property.
SB77-SSA1,1558,98
(c) The department may determine whether further action is necessary to
9remedy environmental pollution of a property.
SB77-SSA1,1558,1110
(d) The department may issue a letter to a person seeking assistance under this
11subsection concerning any of the following:
SB77-SSA1,1558,1312
1. The liability of a person owning or leasing a property for environmental
13pollution of the property.
SB77-SSA1,1558,1414
2. The type and extent of environmental pollution of a property.
SB77-SSA1,1558,1515
3. The adequacy of an environmental investigation.
SB77-SSA1,1558,1616
4. Any other matter related to the request for assistance under this subsection.
SB77-SSA1,1558,20
17(2) The department may assess and collect fees from a person to offset the costs
18of providing assistance under sub. (1). The department shall promulgate rules for
19the assessment and collection of fees under this subsection. Fees collected under this
20subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).
SB77-SSA1,1558,24
23292.65 Dry cleaner environmental response program. (1) Definitions. 24In this section and s. 292.66:
SB77-SSA1,1559,4
1(a) "Bodily injury" does not include those liabilities that are excluded from
2coverage in liability insurance policies for bodily injury other than liabilities
3excluded because they are caused by a dry cleaning solvent discharge from a dry
4cleaning facility.
SB77-SSA1,1559,75
(b) "Case closure letter" means a letter provided by the department that states
6that, based on information available to the department, no further remedial action
7is necessary with respect to a dry cleaning solvent discharge.
SB77-SSA1,1559,98
(d) "Dry cleaning facility" means a facility for dry cleaning apparel or household
9fabrics for the general public other than a facility that is one of the following:
SB77-SSA1,1559,1010
1. A coin-operated facility.
SB77-SSA1,1559,1111
2. A facility that is located on a U.S. military installation.
SB77-SSA1,1559,1212
3. An industrial laundry.
SB77-SSA1,1559,1313
4. A commercial laundry.
SB77-SSA1,1559,1414
5. A linen supply facility.
SB77-SSA1,1559,1515
6. A facility that is located at a prison or other penal institution.
SB77-SSA1,1559,1716
7. A facility that is located at a nonprofit hospital or at another nonprofit health
17care institution.
SB77-SSA1,1559,2018
8. A facility that is located on property that is owned by the federal government
19or by this state or that is located on property that was owned by the federal
20government or by this state when the facility was operating.
SB77-SSA1,1559,2321
(e) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based
22formulation or product that is used as a primary cleaning agent in dry cleaning
23facilities.
SB77-SSA1,1560,3
1(f) "Emergency" means a situation that requires an immediate response to
2protect public health or safety. An emergency lasts until the threat to public health
3or safety is mitigated.
SB77-SSA1,1560,44
(g) "Groundwater" has the meaning given in s. 281.75 (1) (c).
SB77-SSA1,1560,55
(h) "Operator" means any of the following:
SB77-SSA1,1560,66
1. A person who holds the license under s. 77.9961 (2) for a dry cleaning facility.
SB77-SSA1,1560,77
2. A subsidiary or parent corporation of the person specified under subd. 1.
SB77-SSA1,1560,88
(i) "Owner" means any of the following:
SB77-SSA1,1560,139
1. A person who owns, or has possession or control of, a dry cleaning facility,
10or who receives direct or indirect consideration from the operation of a dry cleaning
11facility regardless of whether the dry cleaning facility remains in operation and
12regardless of whether the person owns or receives consideration at the time that
13environmental pollution occurs.
SB77-SSA1,1560,1414
2. A subsidiary or parent corporation of the person specified under subd. 1.
SB77-SSA1,1560,1615
(j) "Program year" means the period beginning on July 1, and ending on the
16following June 30.
SB77-SSA1,1560,2117
(k) "Property damage" does not include those liabilities that are excluded from
18coverage in liability insurance policies for property damage, other than liability for
19remedial action associated with dry cleaning solvent discharges from affected dry
20cleaning facilities. "Property damage" does not include the loss of fair market value
21resulting from a discharge.
SB77-SSA1,1560,2522
(L) "Service provider" means a consultant, testing laboratory, monitoring well
23installer, soil boring contractor, other contractor, lender or any other person who
24provides a product or service for which an application for reimbursement has been
25or will be filed under this section, or a subcontractor of such a person.
SB77-SSA1,1561,4
1(m) "Subsidiary or parent corporation" means a business entity, including a
2subsidiary, parent corporation or other business arrangement, that has elements of
3common ownership or control or that uses a long-term contractual arrangement
4with a person to avoid direct responsibility for conditions at a dry cleaning facility.
SB77-SSA1,1561,10
5(2) Rules concerning 3rd-party compensation. The commissioner of
6insurance shall promulgate rules defining "liabilities that are excluded from
7coverage in liability insurance policies for bodily injury" and "liabilities that are
8excluded from coverage in liability insurance policies for property damage" for the
9purposes of sub. (1) (a) and (k). The definitions shall be consistent with standard
10insurance industry practices.
SB77-SSA1,1561,12
11(3) Duties of the department. (a) The department shall promulgate rules for
12the administration of the program under this section.
SB77-SSA1,1561,1613
(am) 1. The department shall establish a method for determining the order in
14which it pays awards under this section. Except as provided in subds. 2. and 3., the
15method shall be based on environmental factors and on the order in which
16applications are received.
SB77-SSA1,1561,2017
2. The department shall pay an award for emergency remedial action activities
18within 2 working days of receipt of the application. For the purposes of this
19subdivision, removal of contaminated soils and recovery of free dry cleaning solvent
20are not considered emergency remedial action activities.
SB77-SSA1,1561,2321
3. After awards for emergency remedial action activities, the department shall
22give highest priority to paying awards for eligible costs incurred before the effective
23date of this subdivision .... [revisor inserts date].
SB77-SSA1,1561,2524
(b) The department shall promote the program under this section to persons
25who may be eligible for awards.
SB77-SSA1,1562,3
1(c) The department shall allocate 9.7% of the funds appropriated under s.
220.370 (6) (eq) in each fiscal year for awards for emergency remedial action activities
3and applications that exceed the amount anticipated.
SB77-SSA1,1562,54
(d) The department shall keep records and statistics on the program under this
5section and shall periodically evaluate the effectiveness of the program.
SB77-SSA1,1562,156
(e) No later than January 1, 2002, the department shall complete a review of
7the program under this section and shall submit a report on the results of the review
8to the joint committee on finance and to the appropriate standing committees of the
9legislature, as determined by the speaker of the house and the president of the
10senate, under s. 13.172 (3). The report shall include the department's
11recommendations for changes to the program. The review shall include
12consideration of whether the program should be expanded or ended, whether the
13program should be incorporated into a broader program of financial assistance for
14the remediation of environmental contamination and whether private insurance
15coverage should be required for any dry cleaning facilities.
SB77-SSA1,1562,19
16(4) Process; eligibility. (a)
General requirements. To be eligible for an award
17under this section, the owner or operator of a dry cleaning facility shall comply with
18pars. (b), (c), (e), (f) and (j) and the other requirements of this section applicable to
19the owner or operator.
SB77-SSA1,1562,2120
(b)
Report. An owner or operator shall report a dry cleaning solvent discharge
21to the department in a timely manner, as provided in s. 292.11.
SB77-SSA1,1562,2522
(c)
Notification of potential claim. 1. An owner or operator shall notify the
23department, before conducting a site investigation or any remedial action activity,
24of the potential for submitting an application for an award under this section, except
25as provided in subd. 2.
SB77-SSA1,1563,3
12. Subdivision 1. does not apply to an owner or operator who began a site
2investigation or remedial action activity before the effective date of this subdivision
3.... [revisor inserts date].