Amendment SSA1-AB133

AB133-SSA1, s. 2555s Section 2555s. 285.69 (2) (a) 5. of the statutes is amended to read:

AB133-SSA1,1276,19 285.69 (2) (a) 5. That fees are not based on emissions by an air contaminant source in excess of 4,000 5,000 tons per year of each regulated pollutant, except that, subject to par. (b), this limitation does not apply to a major utility, as defined in s. 285.41 (1) (f), that owns or operates a phase I affected unit as listed in Table A of 42 USC 7651c.

AB133-SSA1, s. 2555u Section 2555u. 285.69 (2) (a) 7. to 11. of the statutes are created to read:

AB133-SSA1,1276,22 285.69 (2) (a) 7. That the fees billed for a stationary source in each year after 2001 are based on the fees billed for the stationary source in 2001.

AB133-SSA1,1277,2 8. That the fee billed for each stationary source in each year after 2001 is based on the actual emissions of all regulated pollutants, and any other air contaminant specified by the department in the rules, in the preceding 5 years, using a 5-year rolling average.

AB133-SSA1,1277,8 9. That fees billed in years after 2001 are determined using a performance-based approach that increases a stationary source's fees in proportion to increases in the amount of pollutants emitted by the stationary source, as determined under subd. 8., and decreases a stationary source's fees in proportion to decreases in the amount of pollutants emitted by the stationary source, as determined under subd. 8.

AB133-SSA1,1277,10 10. That no multiplier or similar mechanism is used that would increase a stationary source's fees to compensate for decreases in overall amounts of emissions.

AB133-SSA1,1277,12 11. That no provision is used that would increase the fee per unit of pollutant emitted in order to compensate for decreases in overall amounts of emissions.

AB133-SSA1, s. 2555w Section 2555w. 285.69 (2) (b) of the statutes is amended to read:

AB133-SSA1,1277,18 285.69 (2) (b) The department may not charge a major utility fees on emissions in excess of 4,000 5,000 tons per year of each regulated pollutant beyond the amount necessary to recover the fees that would have been charged for any phase I affected unit listed in Table A of 42 USC 7651c owned by that major utility if the prohibition in par. (a) 6. did not exist.

AB133-SSA1, s. 2558 Section 2558. 285.69 (3) of the statutes is amended to read:

AB133-SSA1,1278,2 285.69 (3) Asbestos inspection fees. The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection may not exceed $200 $210 per project. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection projects regulated by the department.

AB133-SSA1, s. 2559 Section 2559. 285.86 of the statutes is created to read:

AB133-SSA1,1278,6 285.86 Asbestos citations. (1) The department may follow the procedures for the issuance of a citation under ss. 23.50 to 23.99 to collect a forfeiture from a person who commits a violation specified under sub. (2).

AB133-SSA1,1278,12 (2) The department shall promulgate rules that specify violations of rules relating to asbestos abatement and management that are promulgated under ss. 285.11, 285.13, 285.17 and 285.27 to which sub. (1) applies. In a rule promulgated under this subsection, the department may limit the applicability of sub. (1) based on the frequency of violation and on health and environmental risks caused by the violation.

AB133-SSA1,1278,15 (3) The department shall submit any proposed rules under sub. (2) to the department of justice. The department may not promulgate a rule under sub. (2) unless the rule is approved by the department of justice.

AB133-SSA1, s. 2560 Section 2560. 287.11 (2) (dm) of the statutes is repealed.

AB133-SSA1, s. 2561 Section 2561. 287.23 (5) (c) 2. of the statutes is amended to read:

AB133-SSA1,1278,21 287.23 (5) (c) 2. Except as provided in subd. 5. 2m. or sub. (5e), for all other responsible units, the amount of the grant for 1993 through 2000 2001 equals either 66% of the difference between eligible expenses and avoided disposal costs or 33% of eligible expenses, whichever is greater.

AB133-SSA1,1278,24 2m. If the amount determined under subd. 2. is greater than $8 times the population of the responsible unit, whichever is less the grant equals $8 times the population of the responsible unit.

AB133-SSA1, s. 2562 Section 2562. 287.23 (5) (c) 5. of the statutes is repealed.

AB133-SSA1, s. 2563 Section 2563. 287.23 (5e) of the statutes is amended to read:

AB133-SSA1,1279,7 287.23 (5e) Proration. If available funds are insufficient, under sub. (5) (c) 2. 2m., to pay $8 times the population of all of the responsible units that are entitled to that amount, the department shall distribute the funds so that each responsible unit that would be entitled to $6 times its population if the per person amount in sub. (5) (c) 2. 2m. were $6 receives $6 times its population and shall prorate the remaining funds.

AB133-SSA1, s. 2564 Section 2564. 287.23 (7) of the statutes is amended to read:

AB133-SSA1,1279,10 287.23 (7) Sunset. No grant may be awarded under this section for any year after the year 2000 2001.

AB133-SSA1, s. 2568 Section 2568. 289.01 (33) of the statutes is amended to read:

AB133-SSA1,1279,21 289.01 (33) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s. 254.31 (3) (1).

AB133-SSA1, s. 2569h Section 2569h. 289.54 of the statutes is created to read:

AB133-SSA1,1279,24 289.54 Disposal of certain dredged materials. (1) In this section, "PCBs" has the meaning given in s. 299.45 (1) (a).

AB133-SSA1,1280,7 (2) The department may not approve a request by the operator of a solid waste disposal facility to accept dredged materials that contain PCBs or heavy metals in a concentration of less than 50 parts per million for disposal in the solid waste disposal facility until after the department holds a public meeting in the city, village or town in which the solid waste disposal facility is located. At the public meeting, the department shall describe the nature of the requested disposal and shall solicit public comment.

AB133-SSA1, s. 2569n Section 2569n. 289.67 (2) (b) 1. and 2. of the statutes are amended to read:

AB133-SSA1,1280,11 289.67 (2) (b) 1. A generator of hazardous waste shall pay a base fee of $125 $210 if the generator has generated more than zero pounds in that particular year, plus $12 $20 per ton of hazardous waste generated during the reporting year.

AB133-SSA1,1280,12 2. No generator may pay a fee that is greater than $10,000 $17,000.

AB133-SSA1, s. 2569r Section 2569r. 291.09 (3) of the statutes is created to read:

AB133-SSA1,1280,15 291.09 (3) The department shall study whether the list of hazardous wastes under s. 291.05 (2) should be revised as it relates to commercial chemical products.

AB133-SSA1, s. 2570 Section 2570. 292.11 (7) (d) 1m. of the statutes is created to read:

AB133-SSA1,1280,20 292.11 (7) (d) 1m. The department may negotiate and enter into an agreement containing a schedule for conducting nonemergency actions required under sub. (3) with a local governmental unit, as defined in sub. (9) (e) 1., that is acting on behalf of owners of contaminated property within one of the following:

AB133-SSA1,1280,21 a. A business improvement district, as defined in s. 66.608 (1) (b).

AB133-SSA1,1280,24 b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v).

AB133-SSA1, s. 2571 Section 2571. 292.11 (7) (d) 2. of the statutes is amended to read:

AB133-SSA1,1281,3 292.11 (7) (d) 2. The department may charge fees, in accordance with rules that it promulgates, to offset the costs of negotiating and entering into an agreement under subd. 1. or 1m.

AB133-SSA1, s. 2572 Section 2572. 292.11 (9) (e) 1. of the statutes is amended to read:

AB133-SSA1,1281,8 292.11 (9) (e) 1. "Local In this paragraph, "local governmental unit" means a municipality, a redevelopment authority created under s. 66.431, a public body designated by a municipality under s. 66.435 (4), a community development authority or a housing authority.

AB133-SSA1, s. 2573 Section 2573. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

AB133-SSA1,1281,14 292.11 (9) (e) 1m. (intro.) A Except as provided in subds. 2., 4., 6. and 7., a local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to discharges of hazardous substances on or originating from property acquired by the local government unit before, on or after the effective date of this subdivision .... [revisor inserts date], if any of the following applies:

AB133-SSA1, s. 2574 Section 2574. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

AB133-SSA1,1281,18 292.11 (9) (e) 1m. b. The local governmental unit acquired the property from a local governmental unit that acquired is exempt under this subdivision with respect to the property under a method described in subd. 1m. a.

AB133-SSA1, s. 2575 Section 2575. 292.11 (9) (e) 1m. e. of the statutes is created to read:

AB133-SSA1,1281,21 292.11 (9) (e) 1m. e. The local governmental unit acquired the property through escheat.

AB133-SSA1, s. 2576 Section 2576. 292.11 (9) (e) 1m. f. of the statutes is created to read:

AB133-SSA1,1281,24 292.11 (9) (e) 1m. f. The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (tz).

AB133-SSA1, s. 2577 Section 2577. 292.11 (9) (e) 1s. of the statutes is amended to read:

AB133-SSA1,1282,8 292.11 (9) (e) 1s. An Except as provided in subds. 2. and 4. to 6., an economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after October 14, 1997, if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

AB133-SSA1, s. 2578 Section 2578. 292.11 (9) (e) 3. of the statutes is repealed.

AB133-SSA1, s. 2579 Section 2579. 292.11 (9) (e) 5. c. of the statutes is repealed.

AB133-SSA1, s. 2580 Section 2580. 292.11 (9) (e) 6. of the statutes is created to read:

AB133-SSA1,1282,17 292.11 (9) (e) 6. Subdivisions 1m. and 1s. only apply if the local governmental unit or the economic development corporation 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.

AB133-SSA1, s. 2581 Section 2581. 292.11 (9) (e) 7. of the statutes is created to read:

AB133-SSA1,1282,21 292.11 (9) (e) 7. Subdivision 1m. does not apply to property described in subd. 1m. f. unless the local governmental unit enters into an agreement with the department to ensure that the conditions in subds. 2. and 4. are satisfied.

AB133-SSA1, s. 2582 Section 2582. 292.15 (1) (a) of the statutes is created to read:

AB133-SSA1,1282,23 292.15 (1) (a) "Enforcement standard" has the meaning given in s. 160.01 (2).

AB133-SSA1, s. 2583 Section 2583. 292.15 (1) (am) of the statutes is created to read:

AB133-SSA1,1283,4 292.15 (1) (am) "Natural attenuation" means the reduction in the mass and concentration in groundwater of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes, without human intervention.

AB133-SSA1, s. 2584 Section 2584. 292.15 (1) (f) of the statutes is repealed and recreated to read:

AB133-SSA1,1283,7 292.15 (1) (f) "Voluntary party" means a person who submits an application to obtain an exemption under this section and pays any fees required under sub. (5).

AB133-SSA1, s. 2585 Section 2585. 292.15 (2) (a) (title) of the statutes is created to read:

AB133-SSA1,1283,9 292.15 (2) (a) (title) General.

AB133-SSA1, s. 2586 Section 2586. 292.15 (2) (a) (intro.) of the statutes is amended to read:

AB133-SSA1,1283,18 292.15 (2) (a) (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence discharges of a hazardous substance substances on the or originating from a property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:

AB133-SSA1, s. 2587 Section 2587. 292.15 (2) (a) 2. of the statutes is amended to read:

AB133-SSA1,1283,24 292.15 (2) (a) 2. Except as provided in sub. (4), the property is cleaned up by restoring the environment is restored to the extent practicable with respect to the discharges and minimizing the harmful effects from a discharge of the hazardous substance the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules.

AB133-SSA1, s. 2588 Section 2588. 292.15 (2) (a) 3. of the statutes is amended to read:

AB133-SSA1,1284,4 292.15 (2) (a) 3. The voluntary party obtains a certificate of completion from the department that the property environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from a discharge of a hazardous substance the discharges have been minimized.

AB133-SSA1, s. 2589 Section 2589. 292.15 (2) (a) 6. of the statutes is amended to read:

AB133-SSA1,1284,10 292.15 (2) (a) 6. The voluntary party has not obtained the certification under subd. 3. certificate of completion by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.

AB133-SSA1, s. 2591 Section 2591. 292.15 (2) (ae) of the statutes is created to read:

AB133-SSA1,1284,23 292.15 (2) (ae) Natural attenuation. Except as provided in sub. (6) or (7), if there exists a hazardous substance in groundwater on or originating from a property in a concentration that exceeds an enforcement standard and the department determines that natural attenuation will restore groundwater quality in accordance with rules promulgated by the department, a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:

AB133-SSA1,1284,25 1. An environmental investigation of the property is conducted that is approved by the department.

AB133-SSA1,1285,6 2. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.

AB133-SSA1,1285,12 3. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.

AB133-SSA1,1285,18 3m. If required by the department, the voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to the hazardous substance that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation, in case natural attenuation fails, and the insurance complies with rules promulgated by the department and names this state as the insured.

AB133-SSA1,1285,21 4. The voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

AB133-SSA1,1285,23 5. The voluntary party does not engage in activities that are inconsistent with the maintenance of the property.

AB133-SSA1,1286,3 6. The voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.

AB133-SSA1, s. 2592 Section 2592. 292.15 (2) (ag) of the statutes is created to read:

AB133-SSA1,1286,15 292.15 (2) (ag) Property affected by off-site discharge. Except as provided in sub. (6) or (7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13 (1), a voluntary party is exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par. (a) 1., if par. (a) 1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition:

AB133-SSA1,1286,20 1. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1).

AB133-SSA1,1286,25 2. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13 (1).

AB133-SSA1,1287,3 3. The voluntary party obtains a written determination from the department under s. 292.13 (2) with respect to the hazardous substance for which the voluntary party is exempt from liability under s 292.13 (1).