AB133-ASA1, s. 1981c 8Section 1981c. 101.143 (2) (i) of the statutes is created to read:
AB133-ASA1,1020,149 101.143 (2) (i) The department of commerce and the department of natural
10resources, jointly, shall promulgate rules specifying procedures for evaluating
11remedial action plans and procedures to be used by employes of the department of
12commerce and the department of natural resources while remedial actions are being
13conducted. The departments shall specify procedures that include all of the
14following:
AB133-ASA1,1020,1715 1. Annual reviews that include application of the method in the rules
16promulgated under sub. (2e) (b) to determine the risk posed by discharges that are
17the subject of the remedial actions.
AB133-ASA1,1020,1918 2. Annual reports by consultants estimating the additional costs that must be
19incurred to comply with sub. (3) (c) 3. and with enforcement standards.
AB133-ASA1,1020,2120 3. A definition of "reasonable time" for the purpose of determining whether
21natural attenuation may be used to achieve enforcement standards.
AB133-ASA1,1020,2222 4. Procedures to be used to measure concentrations of contaminants.
AB133-ASA1, s. 1981e 23Section 1981e. 101.143 (2) (j) of the statutes is created to read:
AB133-ASA1,1020,2524 101.143 (2) (j) The department of commerce and the department of natural
25resources, jointly, shall promulgate rules specifying all of the following:
AB133-ASA1,1021,2
11. The conditions under which employes of the department of commerce and
2the department of natural resources must issue approvals under sub. (3) (c) 4.
AB133-ASA1,1021,43 2. Training and management procedures to ensure that employes comply with
4the requirements under subd. 1.
AB133-ASA1, s. 1981g 5Section 1981g. 101.143 (2) (k) of the statutes is created to read:
AB133-ASA1,1021,176 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of
7commerce and the department of natural resources shall attempt to reach an
8agreement that is consistent with those provisions. If the department of commerce
9and the department of natural resources are unable to reach an agreement, they
10shall refer the matters on which they are unable to agree to the secretary of
11administration for resolution. The secretary of administration shall resolve any
12matters on which the departments disagree in a manner that is consistent with pars.
13(h) to (j). The department of commerce and the department of natural resources,
14jointly, shall promulgate rules incorporating any agreement between the
15department of commerce and the department of natural resources under this
16paragraph and any resolution of disagreements between the departments by the
17secretary of administration under this paragraph.
AB133-ASA1, s. 1981i 18Section 1981i. 101.143 (2) (L) of the statutes is created to read:
AB133-ASA1,1021,2319 101.143 (2) (L) The department may promulgate rules for the assessment
20and collection of fees to recover its costs for providing approval under sub. (3) (c)
214. and for providing other assistance requested by applicants under this section.
22Any moneys collected under this paragraph shall be credited to the appropriation
23account under s. 20.143 (3) (Lm).
AB133-ASA1, s. 1982c 24Section 1982c. 101.143 (2e) of the statutes is created to read:
AB133-ASA1,1022,6
1101.143 (2e) Risk-based analysis. (a) The department of commerce and the
2department of natural resources shall attempt to agree on a method, which shall
3include consideration of the routes for migration of petroleum product
4contamination, for determining the risk to public health, safety and welfare and to
5the environment posed by discharges for which the department of commerce receives
6notification under sub. (3) (a) 3.
AB133-ASA1,1022,157 (b) If the department of commerce and the department of natural resources are
8unable to reach an agreement under par. (a), they shall refer the matters on which
9they are unable to agree to the secretary of administration for resolution. The
10secretary of administration shall resolve any matters on which the departments
11disagree in a manner that is consistent with par. (a). The department of commerce
12and the department of natural resources, jointly, shall promulgate rules
13incorporating any agreement between the department of commerce and the
14department of natural resources under par. (a) and any resolution of disagreements
15between the departments by the secretary of administration under this paragraph.
AB133-ASA1,1022,1916 (c) The department of natural resources or, if the discharge is covered under
17s. 101.144 (2) (b), the department of commerce shall apply the method in the rules
18promulgated under par. (b) to determine the risk posed by a discharge for which the
19department of commerce receives notification under sub. (3) (a) 3.
AB133-ASA1, s. 1983b 20Section 1983b. 101.143 (3) (c) 2. of the statutes is amended to read:
AB133-ASA1,1022,2321 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific
22remedial action activities proposed to be conducted under subd. 3. and submit the
23remedial action plan to the department.
AB133-ASA1, s. 1983m 24Section 1983m. 101.143 (3) (cm) of the statutes is amended to read:
AB133-ASA1,1023,6
1101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
2owning a home oil tank system may, with the approval of the department of natural
3resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
4commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and
5implementing monitoring to ensure the effectiveness of the natural process of
6degradation
attenuation of petroleum product contamination.
AB133-ASA1, s. 1983p 7Section 1983p. 101.143 (3) (cn) of the statutes is created to read:
AB133-ASA1,1023,118 101.143 (3) (cn) Review of remedial action plans. The department of natural
9resources or, if the discharge is covered under s. 101.144 (2) (b), the department of
10commerce shall review and approve or disapprove a remedial action plan submitted
11under par. (c) 2.
AB133-ASA1, s. 1983t 12Section 1983t. 101.143 (3) (cp) of the statutes is created to read:
AB133-ASA1,1023,1813 101.143 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 5., if the
14department of natural resources or, if the site is covered under s. 101.144 (2) (b), the
15department of commerce estimates that the cost to complete a site investigation,
16remedial action plan and remedial action for an occurrence exceeds $80,000, the
17department of commerce shall implement a competitive public bidding process to
18obtain information to assist in making the determination under par. (cs).
AB133-ASA1,1023,2319 2. The department of commerce or the department of natural resources may
20waive the requirement under subd. 1. if an enforcement standard is exceeded in
21groundwater within 1,000 feet of a well operated by a public utility, as defined in s.
22196.01 (5), or within 100 feet of any other well used to provide water for human
23consumption.
AB133-ASA1,1024,3
13. The department of commerce may waive the requirement under subd. 1. if
2it determines that the remedial action plan identifies the least costly method of
3complying with par. (c) 3. and with enforcement standards.
AB133-ASA1,1024,74 4. The department of commerce or the department of natural resources may
5waive the requirement under subd. 1. on the grounds that waiver is necessary in an
6emergency to prevent or mitigate an imminent hazard to public health, safety or
7welfare or to the environment.
AB133-ASA1,1024,98 5. The department of commerce or the department of natural resources may
9waive the requirement under subd. 1. after providing notice to the other department.
AB133-ASA1,1024,1310 6. The department of commerce may disqualify a bid received under subd. 1.
11if, based on information available to the department and experience with remedial
12action at other sites, the bid is unlikely to establish an amount to sufficiently fund
13remedial action that will comply with par. (c) 3. and with enforcement standards.
AB133-ASA1,1024,1714 7. The department of commerce may disqualify a person from submitting bids
15under subd. 1. if, based on past performance of the bidder, the department
16determines that the person has demonstrated an inability to complete remedial
17action within established cost limits.
AB133-ASA1, s. 1984c 18Section 1984c. 101.143 (3) (cs) of the statutes is created to read:
AB133-ASA1,1025,219 101.143 (3) (cs) Determination of least costly method of remedial action. 1. The
20department of commerce shall review the remedial action plan for a site that is
21classified as low or medium risk under s. 101.144 and shall determine the least costly
22method of complying with par. (c) 3. and with enforcement standards. The
23department shall notify the owner or operator of its determination of the least costly
24method and shall notify the owner or operator that reimbursement for remedial

1action under this section is limited to the amount necessary to implement that
2method.
AB133-ASA1,1025,73 2. The department of natural resources and the department of commerce shall
4review the remedial action plan for a site that is classified as high risk under s.
5101.144 and shall jointly determine the least costly method of complying with par.
6(c) 3. and with enforcement standards. The departments shall notify the owner or
7operator of their determination of the least costly method.
AB133-ASA1,1025,108 3. In making determinations under subd. 1., the department of commerce shall
9determine whether natural attenuation will achieve compliance with par. (c) 3. and
10with enforcement standards.
AB133-ASA1,1025,1311 4. The department of commerce may review and modify an amount established
12under subd. 1. if the department determines that new circumstances, including
13newly discovered contamination at a site, warrant those actions.
AB133-ASA1, s. 1984m 14Section 1984m. 101.143 (3) (cw) of the statutes is created to read:
AB133-ASA1,1025,2215 101.143 (3) (cw) Annual reviews. 1. The department of commerce shall conduct
16the annual review required under sub. (2) (i) 1. for a site that is classified as low or
17medium risk under s. 101.144 and shall determine the least costly method of
18completing remedial action at the site in order to comply with par. (c) 3. and with
19enforcement standards. The department shall notify the owner or operator of its
20determination of the least costly method and shall notify the owner or operator that
21reimbursement under this section for any remedial action conducted after the date
22of the notice is limited to the amount necessary to implement that method.
AB133-ASA1,1026,323 2. The department of natural resources and the department of commerce shall
24conduct the annual review required under sub. (2) (i) 1. for a site that is classified as
25high risk under s. 101.144 and shall jointly determine the least costly method of

1completing remedial action at the site in order to comply with par. (c) 3. and with
2enforcement standards. The departments shall notify the owner or operator of their
3determination of the least costly method.
AB133-ASA1,1026,64 3. In making determinations under subds. 1. and 2., the department of natural
5resources and the department of commerce shall determine whether natural
6attenuation will achieve compliance with par. (c) 3. and with enforcement standards.
AB133-ASA1,1026,97 4. The department of commerce may review and modify an amount established
8under subd. 1. if the department determines that new circumstances, including
9newly discovered contamination at a site, warrant those actions.
AB133-ASA1, s. 1985b 10Section 1985b. 101.143 (3) (d) of the statutes is amended to read:
AB133-ASA1,1026,2011 101.143 (3) (d) Review of site investigations, remedial action plans and Final
12review of
remedial action activities. The department of natural resources or, if the
13discharge is covered under s. 101.144 (2) (b), the department of commerce shall, at
14the request of the claimant, review the site investigation and the remedial action
15plan and advise the claimant on the adequacy of proposed remedial action activities
16in meeting the requirements of s. 292.11. The advice is not an approval of the
17remedial action activities.
The department of natural resources or, if the discharge
18is covered under s. 101.144 (2) (b), the department of commerce shall complete a final
19review of the remedial action activities within 60 days after the claimant notifies the
20appropriate department that the remedial action activities are completed.
AB133-ASA1, s. 1985e 21Section 1985e. 101.143 (3) (g) (intro.) and 1. of the statutes are consolidated,
22renumbered 101.143 (3) (g) and amended to read:
AB133-ASA1,1027,723 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
24and 2., an owner or operator or the person may submit a claim for an award under
25sub. (4) after notifying the department under par. (a) 3., without completing an

1investigation under par. (c) 1. and without preparing a remedial action plan under
2par. (c) 2. if any of the following apply: 1. An an emergency existed which made the
3investigation under par. (c) 1. and the remedial action plan under par. (c) 2.
4inappropriate and, before conducting remedial action, the owner or operator or
5person notified the department of commerce and the department of natural
6resources of the emergency and the department of commerce and the department of
7natural resources authorized emergency action
.
AB133-ASA1, s. 1985f 8Section 1985f. 101.143 (3) (g) 2. of the statutes is repealed.
AB133-ASA1, s. 1985m 9Section 1985m. 101.143 (4) (b) (intro.) of the statutes is amended to read:
AB133-ASA1,1027,1310 101.143 (4) (b) Eligible costs. (intro.) Eligible Except as provided in par. (c),
11eligible
costs for an award under par. (a) include actual costs or, if the department
12establishes a schedule usual and customary cost under par. (cm) for an item, usual
13and customary costs for the following items only:
AB133-ASA1, s. 1985r 14Section 1985r. 101.143 (4) (b) 16. of the statutes is created to read:
AB133-ASA1,1027,1815 101.143 (4) (b) 16. Compliance using the least costly method, with an order of
16the department of commerce or the department of natural resources to conduct
17remedial action activities in response to a discharge from a petroleum product
18storage system or home oil tank system.
AB133-ASA1, s. 1985w 19Section 1985w. 101.143 (4) (c) (intro.) of the statutes is amended to read:
AB133-ASA1,1027,2220 101.143 (4) (c) Exclusions from eligible costs. (intro.) Eligible costs for an
21award under par. (a) do not include the following, regardless of whether a competitive
22bidding process is used
:
AB133-ASA1, s. 1986c 23Section 1986c. 101.143 (4) (c) 8. of the statutes is renumbered 101.143 (4) (c)
248. (intro.) and amended to read:
AB133-ASA1,1028,3
1101.143 (4) (c) 8. (intro.) Interest costs incurred by an applicant that exceed
2interest at 1% over the prime rate, as determined under rules promulgated by the
3department.
the following rate:
AB133-ASA1, s. 1986e 4Section 1986e. 101.143 (4) (c) 8. a. to f. of the statutes are created to read:
AB133-ASA1,1028,75 101.143 (4) (c) 8. a. If the applicant has gross revenues of not more than
6$5,000,000 in the most recent tax year before the applicant submits a claim, 1% over
7the prime rate.
AB133-ASA1,1028,108 b. If the applicant has gross revenues of more than $5,000,000 but not more
9than $15,000,000 in the most recent tax year before the applicant submits a claim,
10the prime rate.
AB133-ASA1,1028,1311 c. If the applicant has gross revenues of more than $15,000,000 but not more
12than $25,000,000 in the most recent tax year before the applicant submits a claim,
131% under the prime rate.
AB133-ASA1,1028,1614 d. If the applicant has gross revenues of more than $25,000,000 but not more
15than $35,000,000 in the most recent tax year before the applicant submits a claim,
162% under the prime rate.
AB133-ASA1,1028,1917 e. If the applicant has gross revenues of more than $35,000,000 but not more
18than $45,000,000 in the most recent tax year before the applicant submits a claim,
193% under the prime rate.
AB133-ASA1,1028,2120 f. If the applicant has gross revenues of more than $45,000,000 in the most
21recent tax year before the applicant submits a claim, 4% under the prime rate.
AB133-ASA1, s. 1986g 22Section 1986g. 101.143 (4) (c) 10. of the statutes is created to read:
AB133-ASA1,1028,2323 101.143 (4) (c) 10. Fees charged under sub. (2) (L) or s. 292.55 (2).
AB133-ASA1, s. 1986i 24Section 1986i. 101.143 (4) (c) 11. of the statutes is created to read:
AB133-ASA1,1029,3
1101.143 (4) (c) 11. For a site that is classified as low or medium risk under s.
2101.144, costs that exceed the amount necessary to comply with sub. (3) (c) 3. and
3with enforcement standards using the least costly method, subject to par. (b) 16.
AB133-ASA1, s. 1986k 4Section 1986k. 101.143 (4) (c) 12. of the statutes is created to read:
AB133-ASA1,1029,85 101.143 (4) (c) 12. Costs that are incurred after the date of a notice under sub.
6(3) (cw) 1. and that exceed the amount necessary to comply with sub. (3) (c) 3. and
7with enforcement standards using the method specified in the notice, subject to par.
8(b) 16.
AB133-ASA1, s. 1986m 9Section 1986m. 101.143 (4) (cm) of the statutes is renumbered 101.143 (4)
10(cm) 1. and amended to read:
AB133-ASA1,1029,2211 101.143 (4) (cm) 1. The department may shall establish a schedule of usual and
12customary costs for any items under par. (b) and may that are commonly associated
13with claims under this section. The department shall
use that schedule to determine
14the amount of a claimant's eligible costs for an occurrence for which a competitive
15bidding process is not used, except in circumstances under which higher costs must
16be incurred to comply with sub. (3) (c) 3. and with enforcement standards. For an
17occurrence for which a competitive bidding process is used, the department may not
18use the schedule. In the schedule, the department shall specify the maximum
19number of reimbursable hours for particular tasks and the maximum reimbursable
20hourly rates for those tasks. The department shall use methods of data collection and
21analysis that enable the schedule to be revised to reflect changes in actual costs. This
22subdivision does not apply after June 30, 2001
.
AB133-ASA1, s. 1986p 23Section 1986p. 101.143 (4) (cm) 2. of the statutes is created to read:
AB133-ASA1,1030,224 101.143 (4) (cm) 2. The department may establish a schedule of usual and
25customary costs for any items under par. (b) and may use that schedule to determine

1the amount of a claimant's eligible costs. This subdivision applies after June 30,
22001.
AB133-ASA1, s. 1987b 3Section 1987b. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:
AB133-ASA1,1030,114 101.143 (4) (d) 2. (intro.) The department shall issue the award under this
5paragraph without regard to fault in an amount equal to the amount of the eligible
6costs that exceeds a the deductible amount of $2,500 plus 5% of the eligible costs, but
7not more than $7,500 per occurrence, except that the deductible amount for a
8petroleum product storage system that is owned by a school district or a technical
9college district and that is used for storing heating oil for consumptive use on the
10premises is 25% of eligible costs
under par. (dg). An award issued under this
11paragraph may not exceed the following for each occurrence:
AB133-ASA1, s. 1991c 12Section 1991c. 101.143 (4) (dg) of the statutes is created to read:
AB133-ASA1,1030,1413 101.143 (4) (dg) Deductible; underground systems. The amount of the
14deductible for an award under par. (d) is as follows for each occurrence:
AB133-ASA1,1030,2015 1. Except as provided under par. (di), for an owner or operator of an
16underground petroleum product storage tank system that is located at a facility at
17which petroleum is stored for resale or an owner or operator of an underground
18petroleum product storage tank system that handles an annual average of more than
1910,000 gallons of petroleum per month, $5,000 plus 4% of the amount by which
20eligible costs exceed $100,000.
AB133-ASA1,1030,2321 2. For a school district or a technical college district with respect to a discharge
22from an underground petroleum product storage tank system that is used for storing
23heating oil for consumptive use on the premises, 25% of eligible costs.
AB133-ASA1,1030,2524 3. For the owner or operator of a petroleum product storage system that is
25described in par. (ei) 1., $5,000.
AB133-ASA1,1031,2
14. For an owner or operator other than an owner or operator described in subd.
21., 2. or 3., $2,500, plus 5% of eligible costs, but not more than $7,500.
AB133-ASA1, s. 1992c 3Section 1992c. 101.143 (4) (di) of the statutes is created to read:
AB133-ASA1,1031,104 101.143 (4) (di) Rules concerning deductible for underground systems. The
5department may promulgate rules describing a class of owners and operators of
6underground petroleum product storage tank systems otherwise subject to par. (dg)
71. for whom the deductible is the amount under par. (dg) 4. rather than the amount
8under par. (dg) 1. if the class is based on financial hardship or consists of local
9governmental units that are conducting remedial action as part of projects to
10redevelop brownfields, as defined in s. 560.13 (1) (a).
AB133-ASA1, s. 1993c 11Section 1993c. 101.143 (4) (dm) 2. a. of the statutes is amended to read:
AB133-ASA1,1031,1312 101.143 (4) (dm) 2. a. For the owner or operator of a terminal, $15,000 plus 5%
1310% of the amount by which eligible costs exceed $200,000.
AB133-ASA1, s. 1993f 14Section 1993f. 101.143 (4) (dm) 2. c. of the statutes is amended to read:
AB133-ASA1,1031,1715 101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage
16system that is described in par. (ei) 1., $2,500 plus 5% of eligible costs but not more
17than $7,500
$5,000 per occurrence.
AB133-ASA1, s. 1993m 18Section 1993m. 101.143 (4) (ei) 2. of the statutes is repealed and recreated to
19read:
AB133-ASA1,1031,2320 101.143 (4) (ei) 2. The department shall review claims related to discharges
21from farm tanks described in subd. 1. as soon as the claims are received. The
22department shall issue an award for an eligible discharge from a farm tank described
23in subd. 1. as soon as it completes the review of the claim.
AB133-ASA1, s. 1994 24Section 1994. 101.143 (9m) of the statutes is created to read:
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