AB133-SSA1,1296,1512
2. In an action under this section, the liability of a responsible person described
13in sub. (3) (a) 1. is limited to the amount of the total costs under par. (a), adjusted as
14provided in par. (b), that the local governmental unit is unable to recover from
15responsible parties described in sub. (3) (a) 2.
AB133-SSA1,1296,22
16(5) Repaying state assistance. If a local governmental unit that recovers costs
17under this section received money from this state, other than under s. 292.11 (7) or
18292.31 (1), (3) or (7), for any of the activities under sub. (4) (a), the local governmental
19unit shall reimburse to the state an amount that bears the same proportion to the
20total amount recovered under this section as the amount received from the state,
21other than under s. 292.11 (7) or 292.31 (1), (3) or (7), bears to the total costs under
22sub. (4) (a) adjusted as provided in sub. (4) (b).
AB133-SSA1,1297,3
23(6) Exception. A local governmental unit may not recover costs under this
24section for remedial activities conducted on a property or portion of a property with
25respect to a discharge after the department of natural resources, the department of
1commerce or the department of agriculture, trade and consumer protection has
2indicated that no further remedial activities are necessary on the property or portion
3of the property with respect to the discharge.
AB133-SSA1,1297,6
4(7) Limitation of action. An action under this section shall be commenced
5within 6 years after the date that the local governmental unit completes the
6activities under sub. (4) (a) 2. or be barred.
AB133-SSA1,1297,11
8292.57 Database of properties on which groundwater standards are
9exceeded. (1) In this section, "groundwater standard" means an enforcement
10standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s.
11160.01 (6).
AB133-SSA1,1297,14
12(2) (a) The department may promulgate a rule specifying a fee for placing
13information concerning a property on which a groundwater standard is exceeded into
14a database.
AB133-SSA1,1297,1615
(b) Any moneys collected under this subsection shall be credited to the
16appropriation account under s. 20.370 (2) (mi).
AB133-SSA1,1297,1818
292.65
(1) (d) 9. A formal wear rental firm.
AB133-SSA1,1297,2120
292.65
(1) (ek) "Formal wear" includes tuxedos, suits and dresses, but does not
21include costumes, table linens and household fabrics.
AB133-SSA1,1297,2523
292.65
(1) (em) "Formal wear rental firm" means a facility that rents formal
24wear to the general public and dry cleans only the formal wear that it rents to the
25general public.
AB133-SSA1,1298,32
292.65
(1) (h) 3. A person who operated a dry cleaning facility that ceased
3operating before October 14, 1997.
AB133-SSA1, s. 2616
4Section
2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1.
5(intro.) and amended to read:
AB133-SSA1,1298,106
292.65
(1) (i) 1. (intro.) A person who owns, or has possession or control of,
a
7dry cleaning facility, or and who receives
or received direct or indirect consideration
8from the operation of
a dry cleaning facility regardless of whether the dry cleaning
9facility remains in operation and regardless of whether the person owns or receives
10consideration at the time that environmental pollution occurs., any of the following:
AB133-SSA1,1298,1212
292.65
(1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).
AB133-SSA1,1298,1614
292.65
(1) (i) 1. b. A dry cleaning facility that has ceased operation but that,
15if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2)
16before it ceased operation.
AB133-SSA1,1298,1918
292.65
(1) (i) 3. A person who owns the property on which one of the following
19is located:
AB133-SSA1,1298,2020
a. A dry cleaning facility that is licensed under s. 77.9961 (2).
AB133-SSA1,1298,2221
b. A dry cleaning facility that has ceased operation but that was licensed under
22s. 77.9961 (2) before it ceased operation.
AB133-SSA1,1299,224
292.65
(1) (L) "Service provider" means a consultant, testing laboratory,
25monitoring well installer, soil boring contractor, other contractor
, lender or any other
1person who provides a product or service for which an application for reimbursement
2has been or will be filed under this section, or a subcontractor of such a person.
AB133-SSA1,1299,64
292.65
(3) (am) 2. The department shall pay an award for immediate action
5activities.
For the purposes of this subdivision, removal of contaminated soils and
6recovery of free dry cleaning solvent are not considered immediate action activities.
AB133-SSA1, s. 2622
7Section
2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to
8read:
AB133-SSA1,1299,119
292.65
(3) (am) 3. After paying awards for immediate action activities, the
10department shall do the following with the remaining funds available for awards
11under this section:
AB133-SSA1,1299,1412
a. In the program year that begins on July 1, 1999, provide 75% to pay awards
13for eligible costs incurred before October 14, 1997, and provide 25% to pay awards
14for eligible costs incurred on or after October 14, 1997.
AB133-SSA1,1299,1715
b. In the program year that begins on July 1, 2000, provide 50% to pay awards
16for eligible costs incurred before October 14, 1997, and provide 50% to pay awards
17for eligible costs incurred on or after October 14, 1997.
AB133-SSA1,1299,2018
c. In the program year that begins on July 1, 2001, and every program year
19thereafter, provide at least 70% as awards to pay eligible costs incurred on or after
20October 14, 1997.
AB133-SSA1,1299,2522
292.65
(4) (m)
Notification of insurance claims and receipt of proceeds. An
23owner or operator shall notify the department of any insurance claim made to cover
24eligible costs, the status of the claim, and, if the owner or operator has received any
25insurance proceeds arising from the claim, the amount of the proceeds.
AB133-SSA1,1300,52
292.65
(4) (n)
Notification of intent to file suit. An owner or operator shall
3notify the department of the owner's or operator's intent to file suit against an
4insurance company for the purpose of recovering the proceeds of an insurance policy
5intended to cover any eligible costs.
AB133-SSA1,1300,1010
292.65
(7) (c) 6. Costs of financing eligible activities.
AB133-SSA1,1300,1312
292.65
(8) (a) 4m. If the owner or operator receives any proceeds arising from
13an insurance claim for any eligible costs, a record of the payment.
AB133-SSA1,1300,1915
292.65
(8) (d) 8. The dry cleaning solvent discharge was caused by a person who
16provided services or products to the owner or operator or to a prior owner or operator
17of the dry cleaning facility
, including a person who provided perchloroethylene to the
18owner or operator or prior owner or operator of a dry cleaning facility using a system
19other than a closed, direct-coupled delivery system.
AB133-SSA1, s. 2637
20Section
2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to
21read:
AB133-SSA1,1300,2222
292.65
(8) (e) 3a. If eligible costs are $200,000 or less, $10,000.
AB133-SSA1,1300,2524
292.65
(8) (e) 3am. If eligible costs exceed $200,000 but do not exceed $400,000,
25$10,000 plus 8% of the amount by which eligible costs exceed $200,000.
AB133-SSA1,1301,32
292.65
(8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the
3amount by which eligible costs exceed $400,000.
AB133-SSA1,1301,85
292.65
(8) (e) 3b.
For each year in which the owner or operator has not paid the
6annual license fee under s. 77.9961 (1) for the dry cleaning facility, an An amount
7equal to
30 times the average annual license fee paid under s. 77.9961 (1) for
that the 8year
in which an award is made.
AB133-SSA1,1301,1410
292.65
(8) (e) 3c.
For each year in which the dry cleaning solvents fee under s.
1177.9962 was imposed and the dry cleaning facility was not in operation, an An 12amount equal to
30 times the total amount collected under s. 77.9962 for
that the 13year
in which an award is made divided by the number of dry cleaning facilities in
14operation during that year.
AB133-SSA1,1301,2216
292.65
(8) (j) 4. If, prior to receiving an award under this section, an owner or
17operator receives payment from an insurance company arising out of a claim for
18payment of any eligible costs, the department may not reimburse the owner or
19operator any amount that exceeds the difference between the amount of the award
20calculated under subd. 1. or 2. and pars. (e) and (f) and the amount by which the
21insurance payment exceeds the sum of the deductible and the amount by which the
22amount calculated under par. (e) exceeds the maximum award under par. (f).
AB133-SSA1,1302,524
292.65
(8m) Reimbursement of insurance proceeds. If, after the owner or
25operator receives an award under this section, the owner or operator receives
1payment from an insurance company arising out of a claim for payment of any
2eligible costs, the owner or operator shall pay to the department the amount by which
3the insurance payment exceeds the sum of the deductible and the amount by which
4the amount calculated under par. (e) exceeds the maximum award under par. (f), but
5not more than the amount of the award received.
AB133-SSA1,1302,137
292.65 (9m)
Subrogation. The department is subrogated to the rights of an
8applicant who obtains an award under this section or s. 292.66 in an amount equal
9to the award and may join in an action by an applicant against an insurance company
10to recover eligible costs. An applicant who receives an award under this section shall
11cooperate with the state in any action under this subsection. The amounts collected
12by the department under this subsection shall be deposited in the dry cleaner
13environmental response fund.
AB133-SSA1,1302,2215
292.65
(11) Environmental fund reimbursement. If the department expends
16funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because
17of a discharge of dry cleaning solvent at a dry cleaning facility, the department shall
18transfer from the appropriation account under s. 20.370 (6) (eq) to the environmental
19fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3)
20(b). The department shall make transfers under this subsection when the
21department determines that sufficient funds are available in the appropriation
22account under s. 20.370 (6) (eq).
AB133-SSA1,1303,3
1292.65
(12m) Prohibition. No person may knowingly make or cause to be made
2a false or misleading statement in any document submitted to the department under
3this section.
AB133-SSA1,1303,96
292.66
(2) (g) The owner or operator of a dry cleaning facility that is operating
7at the time that the owner or operator applies for assistance under this section
8certifies that any perchloroethylene delivered to the dry cleaning facility is delivered
9using a closed, direct-coupled delivery system.
AB133-SSA1,1303,1611
292.66
(3) An award under this section
may not exceed $15,000, of which not
12more than $2,500 may be shall equal 50% of the eligible costs, except that an award
13may not exceed $20,000. Of the total award, the reimbursement for the
preliminary
14site screening shall equal 50% of the cost of conducting the preliminary site
15screening
, except that the reimbursement for the preliminary site screening may not
16exceed $3,000.
AB133-SSA1,1303,2018
292.66
(5) No person may knowingly make or cause to be made a false or
19misleading statement in any document submitted to the department under this
20section.
AB133-SSA1,1303,23
22292.75 Brownfield site assessment grants. (1) Definitions. In this
23section:
AB133-SSA1,1304,3
1(a) "Eligible site or facility" means an abandoned, idle or underused industrial
2or commercial facility or site, the expansion or redevelopment of which is adversely
3affected by actual or perceived environmental contamination.
AB133-SSA1,1304,64
(b) "Local governmental unit" means a city, village, town, county,
5redevelopment authority created under s. 66.431, community development
6authority created under s. 66.4325, or housing authority.
AB133-SSA1,1304,77
(c) "Petroleum product" has the meaning given in s. 101.143 (1) (f).
AB133-SSA1,1304,118
(d) "Underground hazardous substance storage tank system" means an
9underground storage tank used for storing a hazardous substance other than a
10petroleum product together with any on-site integral piping or dispensing system
11with at least 10% of its total volume below the surface of the ground.
AB133-SSA1,1304,1312
(e) "Underground petroleum product storage tank" has the meaning given in
13s. 101.143 (1) (i).
AB133-SSA1,1304,17
14(2) Duties of the department. (a) The department shall administer a
15program to award brownfield site assessment grants from the appropriation under
16s. 20.370 (6) (et) to local governmental units for the purposes of conducting any of the
17eligible activities under sub. (3).
AB133-SSA1,1304,2018
(b) The department may not award a grant to a local governmental unit under
19this section if that local governmental unit caused the environmental contamination
20that is the basis for the grant request.
AB133-SSA1,1304,2421
(c) The department may only award grants under this section if the person that
22caused the environmental contamination that is the basis for the grant request is
23unknown, cannot be located or is financially unable to pay the cost of the eligible
24activities.
AB133-SSA1,1305,4
1(d) The department shall promulgate rules as necessary to administer the
2program. Rules promulgated by the department under this paragraph may limit the
3total amount of funds that may be used to cover the costs of each category of eligible
4activity described in sub. (3).
AB133-SSA1,1305,6
5(3) Eligible activities. The department may award grants to local
6governmental units to cover the costs of the following activities:
AB133-SSA1,1305,87
(a) The investigation of environmental contamination on an eligible site or
8facility for the purposes of reducing or eliminating environmental contamination.
AB133-SSA1,1305,109
(b) The demolition of any structures, buildings or other improvements located
10on an eligible site or facility.
