Amendment ASA1-AB40

AB40-ASA1,917,6 168.22 (3) This section subchapter does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.

AB40-ASA1,1612 Section 1612. 101.09 (2) (cm) (intro.) of the statutes is renumbered 168.22 (4) (intro.) and amended to read:

AB40-ASA1,917,12 168.22 (4) (intro.) Any rules promulgated under sub. (3) s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:

AB40-ASA1,1613 Section 1613. 101.09 (2) (cm) 1. to 3. of the statutes are renumbered 168.22 (4) (a) to (c).

AB40-ASA1,1614 Section 1614. 101.09 (2) (d) of the statutes is renumbered 168.22 (5) and amended to read:

AB40-ASA1,917,18 168.22 (5) This section subchapter does not apply to a pressurized natural gas pipeline system regulated under 49 CFR 192 and 193.

AB40-ASA1,1615 Section 1615. 101.09 (3) (title) of the statutes is renumbered 168.23 (title).

AB40-ASA1,1616 Section 1616. 101.09 (3) (a) of the statutes is renumbered 168.23 (1).

AB40-ASA1,1617 Section 1617. 101.09 (3) (b) of the statutes is renumbered 168.23 (2) and amended to read:

AB40-ASA1,918,4 168.23 (2) The department may transfer any information which the department receives under par. (a) sub. (1) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under par. (a) sub. (1), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.

AB40-ASA1,1618 Section 1618. 101.09 (3) (c) of the statutes is renumbered 168.23 (3) and amended to read:

AB40-ASA1,918,13 168.23 (3) The rule promulgated under par. (a) sub. (1) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration. The department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay any fee that may be charged pursuant to such a rule.

AB40-ASA1,1619 Section 1619. 101.09 (3) (d) of the statutes is renumbered 168.23 (4) and amended to read:

AB40-ASA1,918,19 168.23 (4) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c) sub. (3).

AB40-ASA1,1620 Section 1620. 101.09 (3m) (title) of the statutes is renumbered 168.24 (title).

AB40-ASA1,1621 Section 1621. 101.09 (3m) (a) of the statutes is renumbered 168.24 (1) and amended to read:

AB40-ASA1,918,25 168.24 (1) In this subsection section, "hazardous substance" means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.

AB40-ASA1,1622 Section 1622. 101.09 (3m) (b) of the statutes is renumbered 168.24 (2) and amended to read:

AB40-ASA1,919,7 168.24 (2) The department may not impose any requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps, if the pipe connections were installed or in place on or before February 1, 2009. This subsection section does not apply after December 31, 2020.

AB40-ASA1,1623 Section 1623. 101.09 (4) (title) of the statutes is renumbered 168.25 (title).

AB40-ASA1,1624 Section 1624. 101.09 (4) (a) of the statutes is renumbered 168.25 (1) and amended to read:

AB40-ASA1,919,11 168.25 (1) The department shall enforce this section subchapter.

AB40-ASA1,1625 Section 1625. 101.09 (4) (b) of the statutes is renumbered 168.25 (2) and amended to read:

AB40-ASA1,919,17 168.25 (2) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this section subchapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.

AB40-ASA1,1626 Section 1626. 101.09 (4) (c) of the statutes is renumbered 168.25 (3).

AB40-ASA1,1627 Section 1627. 101.09 (5) of the statutes is renumbered 168.26 and amended to read:

AB40-ASA1,919,25 168.26 Penalties. Any person who violates this section subchapter or any rule or order adopted under this section subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section subchapter or any rule or order under this section subchapter constitutes a separate offense and each day of continued violation is a separate offense.

AB40-ASA1,1628 Section 1628. 101.1206 (1) of the statutes is amended to read:

AB40-ASA1,920,5 101.1206 (1) The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.01 (11).

AB40-ASA1,1629 Section 1629. 101.14 (5) (a) of the statutes is amended to read:

AB40-ASA1,920,14 101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am) 168.21 (3), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

AB40-ASA1,1630 Section 1630. 101.14 (5) (b) of the statutes is amended to read:

AB40-ASA1,920,19 101.14 (5) (b) Notwithstanding par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 101.09 (1) (am) 168.21 (3), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).

AB40-ASA1,1631 Section 1631. 101.142 (title) and (1) (intro.) of the statutes are renumbered 168.28 (title) and (1) (intro.).

AB40-ASA1,1632 Section 1632. 101.142 (1) (a) of the statutes is renumbered 168.28 (1) (a) and amended to read:

AB40-ASA1,921,2 168.28 (1) (a) "Petroleum Notwithstanding s. 168.01 (3), "petroleum product" means materials derived from petroleum, natural gas, or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases, and petrochemicals.

AB40-ASA1,1633 Section 1633. 101.142 (1) (b) and (2) of the statutes are renumbered 168.28 (1) (b) and (2).

AB40-ASA1,1634 Section 1634. 101.143 (title) and (1) (intro.) and (ad) of the statutes are renumbered 292.63 (title) and (1) (intro.) and (ad).

AB40-ASA1,1635 Section 1635. 101.143 (1) (am) of the statutes is repealed.

AB40-ASA1,1636 Section 1636. 101.143 (1) (b) of the statutes is repealed.

AB40-ASA1,1637 Section 1637. 101.143 (1) (bm) to (i) of the statutes are renumbered 292.63 (1) (bm) to (i).

AB40-ASA1,1638 Section 1638. 101.143 (1m) of the statutes is renumbered 292.63 (1m).

AB40-ASA1,1639 Section 1639. 101.143 (2) (title) and (b) and (c) of the statutes are renumbered 292.63 (2) (title) and (b) and (c).

AB40-ASA1,1640 Section 1640. 101.143 (2) (d) of the statutes is renumbered 292.63 (2) (d) and amended to read:

AB40-ASA1,921,19 292.63 (2) (d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under s. 20.165 (2) (v) 20.370 (6) (fr) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.

AB40-ASA1,1641 Section 1641. 101.143 (2) (e) to (g) of the statutes are renumbered 292.63 (2) (e) to (g).

AB40-ASA1,1642 Section 1642. 101.143 (2) (h) of the statutes is renumbered 292.63 (2) (h), and 292.63 (2) (h) (intro.) and 3., as renumbered, are amended to read:

AB40-ASA1,922,2 292.63 (2) (h) (intro.) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

AB40-ASA1,922,5 3. Review procedures that must be followed by employees of the department of natural resources and the department of commerce in reviewing the information submitted under subd. 1.

AB40-ASA1,1643 Section 1643. 101.143 (2) (i) of the statutes is renumbered 292.63 (2) (i), and 292.63 (2) (i) (intro.) and 1., as renumbered, are amended to read:

AB40-ASA1,922,13 292.63 (2) (i) (intro.) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of safety and professional services and the department of natural resources while remedial actions are being conducted. The departments department shall specify procedures that include all of the following:

AB40-ASA1,922,16 1. Annual reviews that include application of the method in the rules promulgated under sub. (2e) (b) (a) to determine the risk posed by discharges that are the subject of the remedial actions.

AB40-ASA1,1644 Section 1644. 101.143 (2) (j) of the statutes is renumbered 292.63 (2) (j), and 292.63 (2) (j) (intro.) and 1., as renumbered, are amended to read:

AB40-ASA1,922,21 292.63 (2) (j) (intro.) The department of safety and professional services and the department of natural resources, jointly, shall promulgate rules specifying all of the following:

AB40-ASA1,922,23 1. The conditions under which employees of the department of commerce and the department of natural resources must issue approvals under sub. (3) (c) 4.

AB40-ASA1,1645 Section 1645. 101.143 (2) (k) of the statutes is repealed.

AB40-ASA1,1646b Section 1646b. 101.143 (2) (L) of the statutes is repealed.

AB40-ASA1,1647 Section 1647. 101.143 (2e) (title) of the statutes is renumbered 292.63 (2e) (title).

AB40-ASA1,1648 Section 1648. 101.143 (2e) (a) of the statutes is renumbered 292.63 (2e) (a) and amended to read:

AB40-ASA1,923,11 292.63 (2e) (a) The department of safety and professional services and the department of natural resources shall attempt to agree on promulgate rules that specify a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of safety and professional services receives notification under sub. (3) (a) 3.

AB40-ASA1,1649 Section 1649. 101.143 (2e) (b) of the statutes is repealed.

AB40-ASA1,1650 Section 1650. 101.143 (2e) (c) of the statutes is renumbered 292.63 (2e) (c) and amended to read:

AB40-ASA1,923,19 292.63 (2e) (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services shall apply the method in the rules promulgated under par. (b) (a) to determine the risk posed by a discharge for which the department of safety and professional services receives notification under sub. (3) (a) 3.

AB40-ASA1,1651 Section 1651. 101.143 (2m) of the statutes is repealed.

AB40-ASA1,1652 Section 1652. 101.143 (3) (title) and (a) of the statutes are renumbered 292.63 (3) (title) and (a), and 292.63 (3) (a) 4., 5. and 9., as renumbered, are amended to read:

AB40-ASA1,923,25 292.63 (3) (a) 4. The owner or operator registers the petroleum product storage system or the home oil tank system is registered with the department of agriculture, trade and consumer protection under s. 101.09 168.23.

AB40-ASA1,924,3 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency management in the department of military affairs or to the department of natural resources, according to the requirements under s. 292.11.

AB40-ASA1,924,8 9. The owner or operator or the person follows standards for groundwater restoration in the groundwater standards in the rules promulgated by the department of natural resources under ss. 160.07 and 160.09 and restores the environment, to the extent practicable, according to those standards at the site of the discharge from a petroleum product storage system or home oil tank system.

AB40-ASA1,1653 Section 1653. 101.143 (3) (ae) of the statutes is renumbered 292.63 (3) (ae) and amended to read:

AB40-ASA1,924,18 292.63 (3) (ae) New systems. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by of the department of agriculture, trade and consumer protection relating to underground petroleum product storage tank systems installed after December 22, 1988, if the discharge is confirmed after December 31, 1995.

AB40-ASA1,1654 Section 1654. 101.143 (3) (ah) of the statutes is renumbered 292.63 (3) (ah) and amended to read:

AB40-ASA1,925,3 292.63 (3) (ah) New aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by of the department of agriculture, trade and consumer protection relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, if the discharge is confirmed after December 22, 2001.

AB40-ASA1,1655 Section 1655. 101.143 (3) (am) of the statutes is renumbered 292.63 (3) (am) and amended to read:

AB40-ASA1,925,16 292.63 (3) (am) Upgraded underground systems. 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system if the discharge is confirmed after December 31, 1995, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by of the department of agriculture, trade and consumer protection relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in subd. 2.

AB40-ASA1,926,6 2. If an underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by of the department of agriculture, trade and consumer protection relating to the upgrading of existing underground petroleum product storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the underground petroleum product storage tank system or home oil tank system within 30 days after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements.

AB40-ASA1,1656 Section 1656. 101.143 (3) (ap) of the statutes is renumbered 292.63 (3) (ap) and amended to read:

AB40-ASA1,926,18 292.63 (3) (ap) Upgraded aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system if the discharge is confirmed after December 22, 2001, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system first meets the upgrading requirements in rules promulgated by of the department of agriculture, trade and consumer protection relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems.

AB40-ASA1,1657 Section 1657. 101.143 (3) (av) of the statutes is renumbered 292.63 (3) (av) and amended to read:

AB40-ASA1,927,2 292.63 (3) (av) Claims submitted for petroleum product storage systems on tribal trust lands. The owner or operator of a petroleum product storage system located on trust lands of an American Indian tribe may submit a claim for an award under sub. (4) if the owner or operator otherwise satisfies par. (a) and complies with the rules promulgated under this section and any other rules promulgated by of the department of agriculture, trade and consumer protection concerning petroleum product storage systems.

AB40-ASA1,1658 Section 1658. 101.143 (3) (b), (bm) and (bn) of the statutes are renumbered 292.63 (3) (b), (bm) and (bn).

AB40-ASA1,1659 Section 1659. 101.143 (3) (c) of the statutes is renumbered 292.63 (3) (c), and 292.63 (3) (c) 4., as renumbered, is amended to read:

AB40-ASA1,927,10 292.63 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of safety and professional services that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

AB40-ASA1,1660 Section 1660. 101.143 (3) (cm) of the statutes is renumbered 292.63 (3) (cm) and amended to read:

AB40-ASA1,927,18 292.63 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of natural attenuation of petroleum product contamination.

AB40-ASA1,1661 Section 1661. 101.143 (3) (cp) of the statutes is renumbered 292.63 (3) (cp) and amended to read:

AB40-ASA1,928,2 292.63 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 5. and 5., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of safety and professional services estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of safety and professional services shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB40-ASA1,928,7 2. The department of safety and professional services or the department of natural resources may waive the requirement under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

AB40-ASA1,928,10 5. The department of safety and professional services or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department secretary of administration.

AB40-ASA1,928,15 6. The department of safety and professional services may disqualify a bid received under subd. 1. if, based on information available to the department and experience with remedial action at other sites, the bid is unlikely to establish an amount to sufficiently fund remedial action that will comply with par. (c) 3. and with enforcement standards.