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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.
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2. The type and extent of environmental pollution of a property.
SB77-SSA1,1558,1515
3. The adequacy of an environmental investigation.
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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.
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4. A commercial laundry.
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5. A linen supply facility.
SB77-SSA1,1559,1515
6. A facility that is located at a prison or other penal institution.
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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].
SB77-SSA1,1563,74
(d)
Information from department. When an owner or operator notifies the
5department under par. (c) 1., the department shall provide the owner or operator
6with information on the program under this section and the department's estimate
7of the eligibility of the owner or operator for an award under this section.
SB77-SSA1,1563,118
(e)
Investigation. After notifying the department under par. (c) 1., if applicable,
9and before conducting remedial action activities, an owner or operator shall complete
10an investigation to determine the extent of environmental impact of the dry cleaning
11solvent discharge, except as provided in pars. (g) and (h).
SB77-SSA1,1563,1612
(f)
Remedial action plan. After completing the investigation under par. (e) and
13before conducting remedial action activities, an owner or operator shall prepare a
14remedial action plan, based on the investigation under par. (e), that identifies
15specific remedial action activities proposed to be conducted, except as provided in
16pars. (g) and (h).
SB77-SSA1,1563,2017
(g)
Emergency. An owner or operator is not required to complete an
18investigation or prepare a remedial action plan before conducting remedial action
19activities if an emergency existed that made the investigation and remedial action
20plan requirements inappropriate.
SB77-SSA1,1563,2421
(h)
Interim remedial equipment. An owner or operator may install interim
22remedial equipment for which the owner or operator would be eligible for
23reimbursement under s. 292.66 before completing a site investigation or remedial
24action plan.
SB77-SSA1,1564,8
1(i)
Review of site investigation and remedial action plan. The department shall,
2at the request of an owner or operator, review the site investigation results and the
3remedial action plan and advise the owner or operator on the adequacy of the
4proposed remedial action activities in meeting the requirements of this section. The
5department shall complete the review of the site investigation and remedial action
6plan within 45 days. The department shall also provide an estimate of when funding
7will be available to pay an award for remedial action conducted in response to the dry
8cleaning solvent discharge.
SB77-SSA1,1564,119
(j)
Remedial action. The owner or operator shall conduct all remedial action
10activities that are required under this section in response to the dry cleaning solvent
11discharge, including all of the following:
SB77-SSA1,1564,1212
1. Recovering any recoverable dry cleaning solvent from the environment.
SB77-SSA1,1564,1413
2. Managing any residual solid or hazardous waste in a manner consistent with
14local, state and federal law.
SB77-SSA1,1564,1615
3. Restoring groundwater according to the standards promulgated by the
16department under ss. 160.07 and 160.09.
SB77-SSA1,1564,2017
(k)
Agents. An owner or operator may enter into a written agreement with
18another person under which that other person acts as an agent for the owner or
19operator in conducting the activities required under par. (j). The owner or operator
20and the agent shall jointly submit the application for an award under this section.
SB77-SSA1,1565,221
(L)
Awards for dry cleaning facilities on tribal trust lands. The owner or
22operator of a dry cleaning facility located on trust lands of an American Indian tribe
23may be eligible for an award under this section if the owner or operator otherwise
24satisfies the requirements of this subsection and complies with the rules
1promulgated under this section and any other rules promulgated by the department
2concerning dry cleaning facilities.
SB77-SSA1,1565,7
3(5) Enhanced pollution prevention measures. (a) 1. The owner or operator
4of a dry cleaning facility on which construction begins after the effective date of this
5subdivision .... [revisor inserts date], is not eligible for an award under this section
6unless the owner or operator has implemented the enhanced pollution prevention
7measures described in par. (b).
SB77-SSA1,1565,148
2. The owner or operator of a dry cleaning facility on which construction began
9on or before the effective date of this subdivision .... [revisor inserts date], is ineligible
10for an award under this section with respect to a discharge that occurs on or after the
1191st day after the day on which the department issues a case closure letter with
12respect to an earlier discharge of dry cleaning solvent from the dry cleaning facility,
13unless the owner or operator has implemented the enhanced pollution prevention
14measures described in par. (b).
SB77-SSA1,1565,1615
(b) An owner or operator who is required to implement enhanced pollution
16prevention measures shall demonstrate all of the following:
SB77-SSA1,1565,1917
1. That the owner or operator manages all wastes that are generated at the dry
18cleaning facility and that contain dry cleaning solvent as hazardous wastes in
19compliance with ch. 291 and
42 USC 6901 to
6991i.
SB77-SSA1,1565,2220
2. That the dry cleaning facility does not discharge dry cleaning solvent or
21wastewater from dry cleaning machines into any sanitary sewer or septic tank or into
22the waters of this state.
SB77-SSA1,1566,223
3. That each machine or other piece of equipment in which dry cleaning solvent
24is used, or the entire area in which those machines or pieces of equipment are located,
25is surrounded by a containment dike or other containment structure that is able to
1contain any leak, spill or other release of dry cleaning solvent from the machines or
2other pieces of equipment.
SB77-SSA1,1566,43
4. That the floor within any area surrounded by a dike or other containment
4structure under subd. 3. is sealed or is otherwise impervious to dry cleaning solvent.
SB77-SSA1,1566,65
5. That all dry cleaning solvent is delivered to the dry cleaning facility by means
6of a closed, direct-coupled delivery system.
SB77-SSA1,1566,11
7(6) Additional requirement for closed facilities. (a) To be eligible for an
8award under this section, the owner or operator of a dry cleaning facility that has
9ceased operating at the time that the owner or operator applies under sub. (8) (a)
10shall agree to pay all of the following each year for 30 years after the department
11issues the award:
SB77-SSA1,1566,1312
1. An amount equal to the average annual license fee paid under s. 77.9961 (1)
13for that year.
SB77-SSA1,1566,1514
2. An amount equal to the total amount collected under s. 77.9962 for that year
15divided by the number of dry cleaning facilities in operation during that year.
SB77-SSA1,1566,1816
(b) An owner or operator to whom par. (a) applies shall guarantee payment
17under par. (a) by executing a note and mortgage on the site of the dry cleaning facility
18and a payment bond acceptable to the department.
SB77-SSA1,1566,2019
(c) All funds paid under this subsection shall be deposited in the dry cleaner
20environmental response fund.
SB77-SSA1,1566,23
21(7) Eligible costs. (a)
General. Subject to pars. (c), (ce), (cm) and (d), eligible
22costs for an award under this section include reasonable and necessary costs paid for
23the following items only: