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(1) (am) "Case closure letter" means a letter provided by the
4department of
natural resources environmental management that states that, based
5on information available to the department of
natural resources environmental
6management, no further remedial action is necessary with respect to a discharge.".
SB55-ASA1-AA1,750,8
8"
Section 2464g. 101.143 (2) (h) (intro.) of the statutes is amended to read:
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(2) (h) (intro.) The department of commerce and the department of
10natural resources environmental management, jointly, shall promulgate rules
11designed to facilitate effective and cost-efficient administration of the program
12under this section that specify all of the following:
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(2) (h) 3. Review procedures that must be followed by employees of the
15department of
natural resources environmental management and the department
16of commerce in reviewing the information submitted under subd. 1.
SB55-ASA1-AA1,750,2318
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(2) (i) (intro.) The department of commerce and the department of
19natural resources environmental management, jointly, shall promulgate rules
20specifying procedures for evaluating remedial action plans and procedures to be used
21by employees of the department of commerce and the department of
natural
22resources environmental management while remedial actions are being conducted.
23The departments shall specify procedures that include all of the following:
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(2) (j) (intro.) The department of commerce and the department of
2natural resources environmental management, jointly, shall promulgate rules
3specifying all of the following:
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(2) (j) 1. The conditions under which employees of the department of
6commerce and the department of
natural resources
environmental management 7must issue approvals under sub. (3) (c) 4.
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(2) (k) In promulgating rules under pars. (h) to (j), the department of
10commerce and the department of
natural resources
environmental management 11shall attempt to reach an agreement that is consistent with those provisions. If the
12department of commerce and the department of
natural resources environmental
13management are unable to reach an agreement, they shall refer the matters on
14which they are unable to agree to the secretary of administration for resolution. The
15secretary of administration shall resolve any matters on which the departments
16disagree in a manner that is consistent with pars. (h) to (j). The department of
17commerce and the department of
natural resources
environmental management,
18jointly, shall promulgate rules incorporating any agreement between the
19department of commerce and the department of
natural resources environmental
20management under this paragraph and any resolution of disagreements between the
21departments by the secretary of administration under this paragraph.
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(2e) Risk-based analysis. (a) The department of commerce and the
24department of
natural resources environmental management shall attempt to agree
25on a method, which shall include individualized consideration of the routes for
1migration of petroleum product contamination at each site, for determining the risk
2to public health, safety and welfare and to the environment posed by discharges for
3which the department of commerce receives notification under sub. (3) (a) 3.
SB55-ASA1-AA1,752,144
(b) If the department of commerce and the department of
natural resources 5environmental management are unable to reach an agreement under par. (a), they
6shall refer the matters on which they are unable to agree to the secretary of
7administration for resolution. The secretary of administration shall resolve any
8matters on which the departments disagree in a manner that is consistent with par.
9(a). The department of commerce and the department of
natural resources 10environmental management, jointly, shall promulgate rules incorporating any
11agreement between the department of commerce and the department of
natural
12resources environmental management under par. (a) and any resolution of
13disagreements between the departments by the secretary of administration under
14this paragraph.
SB55-ASA1-AA1,752,1915
(c) The department of
natural resources environmental management or, if the
16discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply
17the method in the rules promulgated under par. (b) to determine the risk posed by
18a discharge for which the department of commerce receives notification under sub.
19(3) (a) 3.
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(2m) Interdepartmental coordination. Whenever the department of
22commerce receives a notification under sub. (3) (a) 3. or the department of
natural
23resources environmental management receives a notification of a petroleum product
24discharge under s. 292.11, the department receiving the notification shall contact the
1other department and shall schedule a meeting of the owner or operator or person
2owning a home oil tank system and representatives of both departments.
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(3) (a) 5. The owner or operator or the person reports the discharge in
5a timely manner to the division of emergency management in the department of
6military affairs or to the department of
natural resources environmental
7management, according to the requirements under s. 292.11.
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(3) (a) 9. The owner or operator or the person follows standards for
10groundwater restoration in the groundwater standards in the rules promulgated by
11the department of
natural resources environmental management under ss. 160.07
12and 160.09 and restores the environment, to the extent practicable, according to
13those standards at the site of the discharge from a petroleum product storage system
14or home oil tank system.
SB55-ASA1-AA1,753,1916
101.143
(3) (c) 4. Receive written approval from the department of
natural
17resources environmental management or, if the discharge is covered under s. 101.144
18(2) (b), from the department of commerce that the remedial action activities
19performed under subd. 3. meet the requirements of s. 292.11.
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(3) (cm)
Monitoring as remedial action. An owner or operator or person
22owning a home oil tank system may, with the approval of the department of
natural
23resources environmental management or, if the discharge is covered under s. 101.144
24(2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by
1proposing and implementing monitoring to ensure the effectiveness of natural
2attenuation of petroleum product contamination.
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(3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
5natural resources environmental management or, if the site is covered under s.
6101.144 (2) (b), the department of commerce estimates that the cost to complete a site
7investigation, remedial action plan and remedial action for an occurrence exceeds
8$60,000, the department of commerce shall implement a competitive public bidding
9process to obtain information to assist in making the determination under par. (cs).
SB55-ASA1-AA1,754,1511
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(3) (cp) 2. The department of commerce or the department of
natural
12resources environmental management may waive the requirement under subd. 1. if
13an enforcement standard is exceeded in groundwater within 1,000 feet of a well
14operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
15well used to provide water for human consumption.
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101.143
(3) (cp) 5. The department of commerce or the department of
natural
18resources environmental management may waive the requirement under subd. 1.
19after providing notice to the other department.
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(3) (cs) 2. The department of
natural resources environmental
22management and the department of commerce shall review the remedial action plan
23for a site that is classified as high risk under s. 101.144 and shall jointly determine
24the least costly method of complying with par. (c) 3. and with enforcement standards.
25The departments shall notify the owner or operator of their determination of the
1least costly method and shall notify the owner or operator that reimbursement for
2remedial action under this section is limited to the amount necessary to implement
3that method.
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101.143
(3) (cs) 3. In making determinations under subds. 1. and 2., the
6department of
natural resources environmental management and the department
7of commerce shall determine whether natural attenuation will achieve compliance
8with par. (c) 3. and with enforcement standards.
SB55-ASA1-AA1,755,1610
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(3) (cs) 4. The department of commerce may review and modify an
11amount established under subd. 1. if the department determines that new
12circumstances, including newly discovered contamination at a site, warrant those
13actions. The department of commerce and the department of
natural resources 14environmental management may review and modify an amount established under
15subd. 2. if the departments determine that new circumstances, including newly
16discovered contamination at a site, warrant those actions.
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101.143
(3) (cw) 2. The department of
natural resources environmental
19management and the department of commerce shall conduct the annual review
20required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144
21and shall jointly determine the least costly method of completing remedial action at
22the site in order to comply with par. (c) 3. and with enforcement standards. The
23departments shall notify the owner or operator of their determination of the least
24costly method and shall notify the owner or operator that reimbursement under this
1section for remedial action conducted after the date of the notice is limited to the
2amount necessary to implement that method.
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101.143
(3) (cw) 3. In making determinations under subds. 1. and 2., the
5department of
natural resources environmental management and the department
6of commerce shall determine whether natural attenuation will achieve compliance
7with par. (c) 3. and with enforcement standards.
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(3) (cw) 4. The department of commerce may review and modify an
10amount established under subd. 1. if the department determines that new
11circumstances, including newly discovered contamination at a site, warrant those
12actions. The department of commerce and the department of
natural resources 13environmental management may review and modify an amount established under
14subd. 2. if the departments determine that new circumstances, including newly
15discovered contamination at a site, warrant those actions.
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101.143
(3) (d)
Final review of remedial action activities. The department of
18natural resources environmental management or, if the discharge is covered under
19s. 101.144 (2) (b), the department of commerce shall complete a final review of the
20remedial action activities within 60 days after the claimant notifies the appropriate
21department that the remedial action activities are completed.
SB55-ASA1-AA1,756,2523
101.143
(3) (e)
Notifications. The department of
natural resources 24environmental management shall notify the department when it gives a claimant
25written approval under par. (c) 4.
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101.143
(3) (f) 5. The written approval of the department of
natural resources 3environmental management or the department of commerce under par. (c) 4.
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101.143
(3) (g)
Emergency situations. Notwithstanding pars. (a) 3. and (c) 1.
6and 2., an owner or operator or the person may submit a claim for an award under
7sub. (4) after notifying the department under par. (a) 3., without completing an
8investigation under par. (c) 1. and without preparing a remedial action plan under
9par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and
10the remedial action plan under par. (c) 2. inappropriate
, and
, before conducting
11remedial action, the owner or operator or person notified the department of
12commerce and the department of
natural resources
environmental management of
13the emergency and the department of commerce and the department of
natural
14resources environmental management authorized emergency action.".
SB55-ASA1-AA1,757,17
16"
Section 2478b. 101.143 (4) (ei) 1. a. of the statutes, as affected by 2001
17Wisconsin Act .... (this act), is amended to read:
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101.143
(4) (ei) 1. a. The owner or operator of the farm tank owns a parcel of
1935 or more acres of contiguous land, on which the farm tank is located, which is
20devoted primarily to agricultural use, as defined in s. 91.01 (1), including land
21designated by the department of
natural resources
fish, wildlife, parks, and forestry 22as part of the ice age trail under s. 23.17, which during the year preceding submission
23of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4),
24of not less than $6,000 or which, during the 3 years preceding that submission
1produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a
2parcel of 35 or more acres, on which the farm tank is located, of which at least 35
3acres, during part or all of the year preceding that submission, were enrolled in the
4conservation reserve program under
16 USC 3831 to
3836.".
SB55-ASA1-AA1,758,7
6"
Section 2481b. 101.143 (4) (ei) 1m. b. of the statutes, as created by 2001
7Wisconsin Act .... (this act), is amended to read:
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101.143
(4) (ei) 1m. b. The claim is submitted by a person who, at the time that
9the notification was made under sub. (3) (a) 3., was the owner of the farm tank and
10owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or
11was located, which was devoted primarily to agricultural use, as defined in s. 91.01
12(1), including land designated by the department of
natural resources fish, wildlife,
13parks, and forestry as part of the ice age trail under s. 23.17, which during the year
14preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of
15not less than $6,000 or which, during the 3 years preceding that notification,
16produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a
17parcel of 35 or more acres, on which the farm tank is located, of which at least 35
18acres, during part or all of the year preceding that notification, were enrolled in the
19conservation reserve program under
16 USC 3831 to
3836.".
SB55-ASA1-AA1,758,22
21"
Section 2482d. 101.143 (4) (ei) 2m. of the statutes, as affected by 2001
22Wisconsin Act .... (this act), is amended to read:
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101.143
(4) (ei) 2m. The owner or operator of the farm tank has received a letter
24or notice from the department of commerce or department of
natural resources
1environmental management indicating that the owner or operator must conduct a
2site investigation or remedial action because of a discharge from the farm tank or an
3order to conduct such an investigation or remedial action.
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(4) (es) 1. The department shall issue an award for a claim filed after
6August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987,
7by an owner or operator or a person owning a home oil tank system in investigating
8the existence of a discharge or investigating the presence of petroleum products in
9soil or groundwater if the investigation is undertaken at the written direction of the
10department of commerce or the department of
natural resources environmental
11management and no discharge or contamination is found.".
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101.143
(8) (b) Review and advise the secretary and the secretary of
natural
15resources environmental management on the implementation of the petroleum
16product remedial action program established under this section.".
SB55-ASA1-AA1,759,2419
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(11) Reports. (intro.) No later than each January 1 and July 1, the
20department of commerce and the department of
natural resources environmental
21management shall submit to the governor, to the joint legislative audit committee,
22to the joint committee on finance and to the appropriate standing committees of the
23legislature, under s. 13.172 (3), a report on the program under this section. The
24departments shall include all of the following information in the report:
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(2) (a) The department shall administer a program under which
3responsible persons investigate, and take remedial action in response to, those
4discharges of petroleum products from petroleum storage tanks that are covered
5under par. (b). The department may issue an order requiring a responsible person
6to take remedial action in response to a discharge of a petroleum product from a
7petroleum storage tank if the discharge is covered under par. (b). In administering
8this section, the department shall follow rules promulgated by the department of
9natural resources environmental management for the cleanup of discharges of
10hazardous substances.
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101.144
(3) (intro.) The department of
natural resources environmental
13management may take action under s. 292.11 (7) (a) or may issue an order under s.
14292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one
15or more of the following apply:
SB55-ASA1-AA1,760,1817
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(3) (b) The department of commerce requests the department of
18natural resources environmental management to take the action or issue the order.
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(3) (c) The secretary of
natural resources environmental management 21approves the action or order in advance after notice to the secretary of commerce.
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(3) (d) The department of
natural resources environmental
24management takes action under s. 292.11 (7) (a) after the responsible person fails to
1comply with an order that was issued under s. 292.11 (7) (c) in compliance with this
2subsection.
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(3) (e) The department of
natural resources environmental
5management takes the action under s. 292.11 (7) (a) because the identity of the
6responsible person is unknown.
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(3g) (a) If, on December 1, 1999, more than 35% of sites classified
9under this section, excluding sites that are contaminated by a hazardous substance
10other than a petroleum product or an additive to a petroleum product, are classified
11as high-risk sites, the department of commerce and the department of
natural
12resources environmental management shall attempt to reach an agreement that
13specifies standards for determining whether the site of a discharge of a petroleum
14product from a petroleum storage tank is classified as high risk. The standards shall
15be designed to classify no more than 35% of those sites as high-risk sites and may
16not classify all sites at which an enforcement standard is exceeded as high-risk sites.
17If the department of commerce and the department of
natural resources 18environmental management are unable to reach an agreement, they shall refer the
19matters on which they are unable to agree to the secretary of administration for
20resolution. The secretary of administration shall resolve any matters on which the
21departments disagree in a manner that is consistent with this paragraph. The
22department of commerce shall promulgate rules incorporating any agreement
23between the department of commerce and the department of
natural resources 24environmental management under this paragraph and any resolution of
1disagreements between the departments by the secretary of administration under
2this paragraph.
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101.144
(3m) (a) (intro.) The department of commerce and the department of
5natural resources environmental management shall enter into a memorandum of
6understanding that does all of the following: