Amendment ASA1-SB55

SB55-ASA1,1059,6 287.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (6) (bq).

SB55-ASA1, s. 3227m Section 3227m. 289.33 (8) (b) 8. of the statutes is created to read:

SB55-ASA1,1059,9 289.33 (8) (b) 8. Compensation to any person for substantial economic impacts that are a direct result of the facility's receipt of waste generated outside of this state.

SB55-ASA1, s. 3227q Section 3227q. 289.41 (6) (a) of the statutes is amended to read:

SB55-ASA1,1059,15 289.41 (6) (a) Compliance. Except as provided under par. (j), (k), or (L) or sub. (7), calculations and determinations based on data and information provided in the opinion of the certified public accountant are required to establish that the company satisfies each of the criteria under pars. (b) to (i) in order to comply with minimum financial standards.

SB55-ASA1, s. 3227r Section 3227r. 289.41 (6) (k) of the statutes is created to read:

SB55-ASA1,1059,20 289.41 (6) (k) Exception from one criterion. Paragraph (e) does not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (f) to (i).

SB55-ASA1, s. 3227s Section 3227s. 289.41 (6) (L) of the statutes is created to read:

SB55-ASA1,1060,2 289.41 (6) (L) Alternative criteria for certain companies. Paragraphs (e) and (f) do not apply to a company that owns a solid waste facility at which more than one-half, by volume, of the solid waste disposed of is high-volume industrial waste if the company satisfies the criteria under pars. (b) to (d) and (g) to (i) and one of the following criteria:

SB55-ASA1,1060,6 1. The company received a rating for its senior unsubordinated debt of "AAA," "AA," "A," or "BBB" from Standard and Poor's Corporation, or of "Aaa," "Aa," "A," or "Baa" from Moody's Investor Service, Incorporated, in the most recent issuance of ratings by either firm.

SB55-ASA1,1060,9 2. The quotient of the sum of net income plus depreciation, plus depletion, plus amortization, minus $10,000,000, divided by total liabilities at the end of the company's most recently completed fiscal year exceeds 0.1.

SB55-ASA1, s. 3228h Section 3228h. 289.83 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

SB55-ASA1, s. 3228j Section 3228j. 289.83 (5) of the statutes is amended to read:

SB55-ASA1,1060,16 289.83 (5) Payment of grant. The department shall make 10 annual grant payments annually over a 10-year period to recipients who applied in fiscal years 1992-93 and 1993-94. Each grant payment shall equal 10% of the total grant to a political subdivision.

SB55-ASA1, s. 1644 Section 1644. 292.31 (7) (am) of the statutes is created to read:

SB55-ASA1,1060,21 292.31 (7) (am) 1. The department may accept the transfer of an interest in property that was acquired by the federal environmental protection agency as part of a remedial action under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 USC 9601 to 9675.

SB55-ASA1,1061,4 2. The department may acquire an interest in property from any person as part of a remedial action conducted in cooperation with the federal environmental protection agency if the acquisition is necessary to implement the remedy. Under this subdivision, the department may acquire an interest in property that is necessary to ensure that restrictions on the use of land or groundwater are enforceable. The department may expend moneys from the appropriations under ss. 20.370 (2) (dv) and 20.866 (2) (tg) if necessary to compensate a person for an interest in property acquired by the department under this subdivision.

SB55-ASA1,1061,6 3. The department may enforce the terms of any interest in property that it acquires under this paragraph.

SB55-ASA1, s. 1645 Section 1645. 292.65 (1) (intro.) of the statutes is amended to read:

SB55-ASA1,1061,8 292.65 (1) Definitions. (intro.) In this section and s. 292.66:

SB55-ASA1, s. 1646 Section 1646. 292.65 (1) (b) of the statutes is amended to read:

SB55-ASA1,1061,12 292.65 (1) (b) "Case closure letter" means a letter provided by the department that states that, based on information available to the department, no further remedial action is necessary with respect to a dry cleaning solvent product discharge.

SB55-ASA1, s. 1647 Section 1647. 292.65 (1) (d) (intro.) of the statutes is amended to read:

SB55-ASA1,1061,16 292.65 (1) (d) (intro.) "Dry cleaning facility" means a facility for dry cleaning apparel or household fabrics for the general public using a dry cleaning product, other than a facility that is one of the following:

SB55-ASA1, s. 1648 Section 1648. 292.65 (1) (e) of the statutes is amended to read:

SB55-ASA1,1061,22 292.65 (1) (e) "Dry cleaning solvent product" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities hazardous substance used to clean apparel or household fabrics, except for a hazardous substance used to launder apparel or household fabrics.

SB55-ASA1, s. 1649 Section 1649. 292.65 (1) (gm) of the statutes is amended to read:

SB55-ASA1,1062,5 292.65 (1) (gm) "Immediate action" means a remedial action that is taken within a short time after a discharge of dry cleaning solvent product occurs, or after the discovery of a discharge of dry cleaning solvent product, to halt the discharge, contain or remove discharged dry cleaning solvent product, or remove contaminated soil or water in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands, and waters of the state and to eliminate any imminent threat to public health, safety, or welfare.

SB55-ASA1, s. 1650 Section 1650. 292.65 (1) (gs) of the statutes is created to read:

SB55-ASA1,1062,10 292.65 (1) (gs) "Interim action" means a remedial action that is taken to contain or stabilize a discharge of a dry cleaning product, in order to minimize any threats to public health, safety, or welfare or to the environment, while other remedial actions are being planned.

SB55-ASA1, s. 1651 Section 1651. 292.65 (4) (b) of the statutes is amended to read:

SB55-ASA1,1062,13 292.65 (4) (b) Report. An owner or operator shall report a dry cleaning solvent product discharge to the department in a timely manner, as provided in s. 292.11.

SB55-ASA1, s. 1652 Section 1652. 292.65 (4) (e) of the statutes is amended to read:

SB55-ASA1,1062,18 292.65 (4) (e) Investigation. After notifying the department under par. (c) 1., if applicable, and before conducting remedial action activities, an owner or operator shall complete an investigation to determine the extent of environmental impact of the dry cleaning solvent product discharge, except as provided in pars. (g) and (h).

SB55-ASA1, s. 1653 Section 1653. 292.65 (4) (h) of the statutes is repealed and recreated to read:

SB55-ASA1,1062,22 292.65 (4) (h) Interim action. An owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an interim action activity if the department determines that an interim action is necessary.

SB55-ASA1, s. 1654 Section 1654. 292.65 (4) (i) of the statutes is amended to read:

SB55-ASA1,1063,6 292.65 (4) (i) Review of site investigation and remedial action plan. The department shall, at the request of an owner or operator, review the site investigation results and the remedial action plan and advise the owner or operator on the adequacy of the proposed remedial action activities in meeting the requirements of this section. The department shall complete the review of the site investigation and remedial action plan within 45 days. The department shall also provide an estimate of when funding will be available to pay an award for remedial action conducted in response to the dry cleaning solvent product discharge.

SB55-ASA1, s. 1655 Section 1655. 292.65 (4) (j) (intro.) and 1. of the statutes are amended to read:

SB55-ASA1,1063,10 292.65 (4) (j) Remedial action. (intro.) The owner or operator shall conduct all remedial action activities that are required under this section in response to the dry cleaning solvent product discharge, including all of the following:

SB55-ASA1,1063,12 1. Recovering any recoverable dry cleaning solvent product from the environment.

SB55-ASA1, s. 1656 Section 1656. 292.65 (5) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,1063,16 292.65 (5) (b) (intro.) An owner or operator who is required to implement enhanced pollution prevention measures under par. (a) shall demonstrate all of the following:

SB55-ASA1, s. 1657 Section 1657. 292.65 (5) (b) 1. of the statutes is amended to read:

SB55-ASA1,1063,20 292.65 (5) (b) 1. That the owner or operator manages all wastes that are generated at the dry cleaning facility and that contain dry cleaning solvent product as hazardous wastes in compliance with ch. 291 and 42 USC 6901 to 6991i.

SB55-ASA1, s. 1658 Section 1658. 292.65 (5) (b) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 1.

SB55-ASA1, s. 1659 Section 1659. 292.65 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1,1064,3 292.65 (5) (b) 2. That the dry cleaning facility does not discharge dry cleaning solvent product or wastewater from dry cleaning machines into any sanitary sewer or septic tank or into the waters of this state.

SB55-ASA1, s. 1660 Section 1660. 292.65 (5) (b) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 2.

SB55-ASA1, s. 1661 Section 1661. 292.65 (5) (b) 3. of the statutes is amended to read:

SB55-ASA1,1064,11 292.65 (5) (b) 3. That each machine or other piece of equipment in which dry cleaning solvent product is used, or the entire area in which those machines or pieces of equipment are located, is surrounded by a containment dike or other containment structure that is able to contain any leak, spill, or other release of dry cleaning solvent product from the machines or other pieces of equipment.

SB55-ASA1, s. 1662 Section 1662. 292.65 (5) (b) 4. of the statutes is amended to read:

SB55-ASA1,1064,15 292.65 (5) (b) 4. That the floor within any area surrounded by a dike or other containment structure under subd. 3. is sealed or is otherwise impervious to dry cleaning solvent product.

SB55-ASA1, s. 1663 Section 1663. 292.65 (5) (b) 5. of the statutes is amended to read:

SB55-ASA1,1064,19 292.65 (5) (b) 5. That all dry cleaning solvent is any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct-coupled delivery system.

SB55-ASA1, s. 1664 Section 1664. 292.65 (5) (b) 5. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 3.

SB55-ASA1, s. 1665 Section 1665. 292.65 (5) (c) (intro.) of the statutes is created to read:

SB55-ASA1,1064,25 292.65 (5) (c) The owner or operator of a dry cleaning facility is not eligible for an award under this section unless the owner or operator has implemented the following enhanced pollution prevention measures:

SB55-ASA1, s. 1666 Section 1666. 292.65 (7) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1065,5 292.65 (7) (a) General. (intro.) Subject to pars. (c), (ce), (cm), and (d), eligible costs for an award under this section include reasonable and necessary costs paid incurred by the owner or operator of a dry cleaning facility because of a discharge of dry cleaning product at the dry cleaning facility for the following items only:

SB55-ASA1, s. 1667 Section 1667. 292.65 (7) (a) 2. of the statutes is amended to read:

SB55-ASA1,1065,8 292.65 (7) (a) 2. Investigation and assessment of contamination caused by a dry cleaning solvent product discharge from a dry cleaning facility.

SB55-ASA1, s. 1668 Section 1668. 292.65 (7) (a) 8. of the statutes is amended to read:

SB55-ASA1,1065,11 292.65 (7) (a) 8. Maintenance of equipment for dry cleaning solvent product recovery performed as part of remedial action activities.

SB55-ASA1, s. 1669 Section 1669. 292.65 (7) (a) 13. of the statutes is repealed.

SB55-ASA1, s. 1670 Section 1670. 292.65 (7) (c) 3. of the statutes is amended to read:

SB55-ASA1,1065,16 292.65 (7) (c) 3. Other costs that the department determines to be associated with, but not integral to, the investigation and remediation of a dry cleaning solvent product discharge from a dry cleaning facility.

SB55-ASA1, s. 1671 Section 1671. 292.65 (7) (d) of the statutes is amended to read:

SB55-ASA1,1065,21 292.65 (7) (d) Discharges from multiple activities. If hazardous substances are discharged at a dry cleaning facility as a result of dry cleaning operations and as a result of other activities, eligible costs under this section are limited to activities necessitated by the discharge of dry cleaning solvent product.

SB55-ASA1, s. 1672 Section 1672. 292.65 (8) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1066,9 292.65 (8) (a) Application. (intro.) An owner or operator shall submit an application on a form provided by the department. An owner or operator may not submit an application before September 1, 1998. An owner or operator may not submit an application after August 30, 2003 2005, if the application relates to a dry cleaning facility that ceased to operate before September 1, 1998. An owner or operator may not submit an application after August 20, 2008, if the application relates to any other dry cleaning facility. The department shall authorize owners and operators to apply for awards at stages in the process under sub. (4) that the department specifies by rule. An application shall include all of the following documentation of activities, plans, and expenditures associated with the eligible costs incurred because of a dry cleaning solvent product discharge from a dry cleaning facility:

SB55-ASA1, s. 1673 Section 1673. 292.65 (8) (d) 7. of the statutes is amended to read:

SB55-ASA1,1066,12 292.65 (8) (d) 7. The applicant has not paid all of the fees under ss. 77.9961, and 77.9962 and 77.9963.

SB55-ASA1, s. 1674 Section 1674. 292.65 (8) (d) 8. of the statutes is amended to read:

SB55-ASA1,1066,19 292.65 (8) (d) 8. The dry cleaning solvent product discharge was caused on or after October 14, 1997, by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system.

SB55-ASA1, s. 1675 Section 1675. 292.65 (8) (e) 1. of the statutes is renumbered 292.65 (8) (e), and 292.65 (8) (e) (intro.), as renumbered, is amended to read:

SB55-ASA1,1066,25 292.65 (8) (e) Deductible. (intro.) The department may reimburse the owner or operator of a dry cleaning facility that is operating at the time that the owner or operator applies under par. (a) only for eligible costs incurred at each dry cleaning facility that exceed the following deductible:

SB55-ASA1, s. 1676 Section 1676. 292.65 (8) (e) 3. of the statutes is repealed.

SB55-ASA1, s. 1677 Section 1677. 292.65 (11) of the statutes is amended to read:

SB55-ASA1,1067,10 292.65 (11) Environmental fund reimbursement. If the department expends funds from the environmental fund under s. 292.11 (7) (a) or 292.31 (3) (b) because of a discharge of dry cleaning solvent product at a dry cleaning facility, the department shall transfer from the appropriation account under s. 20.370 (6) (eq) to the environmental fund an amount equal to the amount expended under s. 292.11 (7) (a) or 292.31 (3) (b). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under s. 20.370 (6) (eq).

SB55-ASA1, s. 1678 Section 1678. 292.65 (13) of the statutes is amended to read:

SB55-ASA1,1067,15 292.65 (13) Council. The dry cleaner environmental response council shall advise the department concerning the programs program under this section and s. 292.66. The dry cleaner environmental response council shall evaluate the program under this section at least every 5 years, using criteria developed by the council.

SB55-ASA1, s. 1679 Section 1679. 292.66 of the statutes is repealed.

SB55-ASA1, s. 3323b Section 3323b. 292.75 (1) (a) of the statutes is amended to read:

SB55-ASA1,1067,22 292.75 (1) (a) "Eligible site or facility" means an abandoned, idle or underused one or more contiguous industrial or commercial facility or site facilities or sites with common or multiple ownership that are abandoned, idle, or underused, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB55-ASA1, s. 3323e Section 3323e. 292.75 (3) (d) of the statutes is amended to read:

SB55-ASA1,1067,25 292.75 (3) (d) Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of activities described in par. (b) on an eligible site or facility.

SB55-ASA1, s. 3324b Section 3324b. 292.77 (2) of the statutes is amended to read:

SB55-ASA1,1068,9 292.77 (2) The department shall develop and, beginning no later than January 1, 2001, administer a pilot program in the city of Beloit, the city of Green Bay, the city of La Crosse, the city of Milwaukee and the city of Oshkosh that promotes the use of financial incentives to clean up and redevelop brownfields. Funds provided under the program may be used to investigate environmental contamination and to conduct cleanups of brownfields in those cities municipalities selected by the department from those municipalities that apply for funding under this section.