SB622, s. 596 6Section 596. 144.442 (title) of the statutes is renumbered 292.31 (title).
SB622, s. 597 7Section 597. 144.442 (1) (intro.) and (a) to (c) of the statutes are repealed.
SB622, s. 598 8Section 598. 144.442 (1) (cm) of the statutes is repealed.
SB622, s. 599 9Section 599. 144.442 (1) (d) of the statutes is renumbered 292.01 (18) and
10amended to read:
SB622,243,1311 292.01 (18) "Site or facility" means, except in sub. (9m) ss. 292.35 and 292.61,
12an approved facility, an approved mining facility, a nonapproved facility or a waste
13site.
SB622, s. 600 14Section 600. 144.442 (1) (e) of the statutes is renumbered 292.01 (21).
SB622, s. 601 15Section 601. 144.442 (1m) of the statutes is renumbered 289.67 (1), and 289.67
16(1) (a), (cp), (e), (f) and (g), as renumbered, are amended to read:
SB622,244,217 289.67 (1) (a) Imposition of fee. Except as provided under par. (f), a generator
18of solid or hazardous waste shall pay an environmental repair fee for each ton or
19equivalent volume of solid or hazardous waste which is disposed of at a licensed solid
20or hazardous waste disposal facility. If a person arranges for collection or disposal
21services on behalf of one or more generators, that person shall pay the environmental
22repair fee to the licensed solid or hazardous waste disposal facility or to any
23intermediate hauler used to transfer wastes from collection points to a licensed
24facility. An intermediate hauler who receives environmental repair fees under this
25paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility.

1Tonnage or equivalent volume shall be calculated in the same manner as the
2calculation made for tonnage fees under s. 144.441 (3) 289.62 (1).
SB622,244,73 (cp) Amount of environmental repair fee. Notwithstanding par. (cm) and except
4as provided under par. (d), the environmental repair fee imposed under par. (a) is 30
5cents per ton for solid or hazardous waste, other than high-volume industrial waste,
6as defined in s. 144.44 (7) (a) 1.,
disposed of on or after January 1, 1988, but before
7July 1, 1989, and 50 cents per ton disposed of on or after July 1, 1989.
SB622,244,128 (e) In addition to other fees. The environmental repair fee collected and paid
9under par. (b) is in addition to the base fee imposed under sub. (2), the surcharge
10imposed under sub. (3), the tonnage fee imposed under s. 144.441 (3) 289.62 (1) and
11the groundwater, solid waste capacity and well compensation fees imposed under s.
12144.441 (7) 289.63.
SB622,244,1813 (f) Exemption from environmental repair fee; certain materials used in
14operation of the facility.
Solid waste materials approved by the department for
15lining, daily cover or capping or for constructing berms, dikes or roads within a solid
16waste disposal facility are not subject to the environmental repair fee imposed under
17par. (a), except that foundry sands or shredder fluff approved for use under s. 144.44
18(3) (bh) or (4e)
289.30 (5) or 289.31 (9) are subject to the environmental repair fee.
SB622,244,2319 (g) Reporting period. The reporting period under this subsection is the same
20as the reporting period under s. 144.441 (3) 289.62 (1). The owner or operator of any
21licensed solid or hazardous waste disposal facility shall pay environmental repair
22fees required to be collected under par. (b) at the same time as any tonnage fees under
23s. 144.441 (3) 289.62 (1).
SB622, s. 602 24Section 602. 144.442 (1s) of the statutes is renumbered 289.67 (2), and 289.67
25(2) (a), (c) 3. and (d), as renumbered, are amended to read:
SB622,245,3
1289.67 (2) (a) A generator of hazardous waste who is required to report
2annually on hazardous waste activities according to rules promulgated under s.
3144.62 (8) 291.05 (6) (b) shall pay an annual environmental repair fee.
SB622,245,64 (c) 3. Hazardous wastes which are removed from a site or facility to repair
5environmental pollution. In this subdivision, "site or facility" has the meaning given
6in s. 292.01 (18).
SB622,245,97 (d) The department shall assess fees under par. (a) on the basis of the
8generator's report that is submitted according to the rules promulgated under s.
9144.62 (8) 291.05 (6) (b).
SB622, s. 603 10Section 603. 144.442 (2) of the statutes is renumbered 289.67 (3), and 289.67
11(3) (d), as renumbered, is amended to read:
SB622,245,1612 289.67 (3) (d) Reduction of base fee; monitoring. This paragraph applies to a
13nonapproved facility which is subject to the $1,000 base fee under par. (b) 2. and
14which is required by the department to conduct monitoring under s. 144.44 (4) (f)
15289.31 (7). The base fee under par. (b) 2. shall be reduced by the cost of monitoring
16for the calendar year to which the base fee applies, or $900, whichever is less.
SB622, s. 604 17Section 604. 144.442 (3) of the statutes is renumbered 289.67 (4), and 289.67
18(4) (a) and (b), as renumbered, are amended to read:
SB622,245,2219 289.67 (4) (a) Imposition of environmental repair surcharge. If the owner or
20operator of a nonapproved facility is required to pay a tonnage fee under s. 144.441
21(3)
289.62 (1), the owner or operator shall pay to the department an environmental
22repair surcharge for each calendar year.
SB622,246,723 (b) Amount of environmental repair surcharge. 1. With respect to solid or
24hazardous waste disposed of at a nonapproved facility for which the owner or
25operator enters into an agreement with the department to close the facility on or

1before July 1, 1999, the owner or operator shall pay to the department an
2environmental repair surcharge equal to 25% of the tonnage fees imposed under s.
3144.441 (3) 289.62 (1). The 25% surcharge first applies for the calendar year in which
4the owner or operator enters into a closure agreement. If the owner or operator fails
5to comply with the closure agreement, the department shall collect the additional
6tonnage fees which would have been paid by the owner or operator under subd. 2. in
7the absence of the closure agreement.
SB622,246,128 2. With respect to solid or hazardous waste disposed of at a nonapproved facility
9for which the owner or operator has not entered into an agreement with the
10department to close the facility on or before July 1, 1999, the owner or operator shall
11pay to the department an environmental repair surcharge equal to 50% of the
12tonnage fees imposed under s. 144.441 (3) 289.62 (1).
SB622, s. 605 13Section 605. 144.442 (4) of the statutes is renumbered 292.31 (1), and 292.31
14(1) (d) 3., as renumbered, is amended to read:
SB622,246,1715 292.31 (1) (d) 3. The identity of subsidiary or parent corporations, as defined
16in sub. (9) 292.31 (8) (a) 3., of persons who generated, transported, treated or stored
17waste which was disposed of at the site or facility.
SB622, s. 606 18Section 606. 144.442 (5) of the statutes is renumbered 292.31 (2), and 292.31
19(2) (a) to (c) and (f), as renumbered, are amended to read:
SB622,246,2120 292.31 (2) (a) Methods for preparing the inventory and conducting the analysis
21under sub. (4) (1).
SB622,246,2222 (b) Methods for remedial action under sub. (6) (3).
SB622,246,2423 (c) Methods and criteria for determining the appropriate extent of remedial
24action under sub. (6) (3).
SB622,247,3
1(f) Means of making the most effective use of the grant program under sub. (9m)
2s. 292.61 so as to encourage the greatest number of political subdivisions to
3undertake remedial action on property that they own.
SB622, s. 607 4Section 607. 144.442 (6) of the statutes is renumbered 292.31 (3), and 292.31
5(3) (b) 7., (d) and (f), as renumbered, are amended to read:
SB622,247,96 292.31 (3) (b) 7. The department may provide temporary or permanent
7replacements for private water supplies damaged by a site or facility. In this
8subdivision, "private water supply" means a well which is used as a source of water
9for humans, livestock, as defined in s. 95.80 (1) (b), or poultry.
SB622,247,1710 (d) Emergency responses. Notwithstanding rules promulgated under this
11section, the hazard ranking list, the considerations for taking action under par. (c)
12or the remedial action schedule under par. (cm), the department may take emergency
13action under this subsection and subs. (4) (1) and (8) (7) at a site or facility if delay
14will result in imminent risk to public health or safety or the environment. The
15department is not required to hold a hearing under par. (f) if emergency action is
16taken under this paragraph. The decision of the department to take emergency
17action is a final decision of the agency subject to judicial review under ch. 227.
SB622,248,418 (f) Notice; hearing. The department shall publish a class 1 notice, under ch.
19985, prior to taking remedial action under this subsection and subs. (4) (1) and (8)
20(7), which describes the proposed remedial action and the amount and purpose of any
21proposed expenditure. Except as provided under par. (d), the department shall
22provide a hearing to any person who demands a hearing within 30 days after the
23notice is published for the purpose of determining whether the proposed remedial
24action and any expenditure is within the scope of this section and is reasonable in
25relation to the cost of obtaining similar materials and services. The department is

1not required to conduct more than one hearing for the remedial action proposed at
2a single site or facility. Notwithstanding s. 227.42, the hearing shall not be conducted
3as a contested case. The decision of the department to take remedial action under
4this section is a final decision of the agency subject to judicial review under ch. 227.
SB622, s. 608 5Section 608. 144.442 (6m), (6r) and (7) of the statutes are renumbered 292.31
6(4), (5) and (6) and amended to read:
SB622,248,147 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by
8municipalities.
Notwithstanding the inventory, analysis and hazard ranking under
9sub. (4) (1), the environmental response plan prepared under sub. (5) (2) or the
10environmental repair authority, remedial action sequence and emergency response
11requirements under sub. (6) (3), the department shall pay that portion of the cost of
12any monitoring requirement which is to be paid under s. 144.44 (4) (f) 5. 289.31 (7)
13(f)
from the appropriation under s. 20.370 (2) (dv) prior to making other payments
14from that appropriation.
SB622,248,23 15(5) Municipal incinerator ash testing. Notwithstanding the inventory,
16analysis and hazard ranking under sub. (4) (1), the environmental response plan
17prepared under sub. (5) (2), the environmental repair authority, remedial action
18sequence and emergency response requirements under sub. (6) (3), or the monitoring
19costs under sub. (6m) (4), the department shall pay the cost incurred by a
20municipality after June 30, 1986, and before January 30, 1988, for testing required
21to determine whether the ash from a municipally owned incinerator is hazardous.
22The department shall make payments under this subsection from the appropriation
23under s. 20.370 (2) (dv) prior to making other payments from that appropriation.
SB622,249,7 24(6) Payments from the investment and local impact fund. The department
25may expend moneys received from the investment and local impact fund for the

1purposes specified under sub. (6) (3) only for approved mining facilities and only if
2moneys in the environmental fund that are available for environmental repair are
3insufficient to make complete payments. The amount expended by the department
4under this subsection may not exceed the balance in the environmental fund that is
5available for environmental repair at the beginning of that fiscal year or 50% of the
6balance in the investment and local impact fund at the beginning of that fiscal year,
7whichever amount is greater.
SB622, s. 609 8Section 609. 144.442 (8) of the statutes is renumbered 292.31 (7), and 292.31
9(7) (a), as renumbered, is amended to read:
SB622,249,1510 292.31 (7) (a) The department may advise, consult, assist and contract with
11other interested persons to take action to implement the federal comprehensive
12environmental response, compensation and liability act of 1980, 42 USC 9601, et
13seq., in cooperation with the federal environmental protection agency. These actions
14include all of the actions under subs. (4) (1) to (6) (3). The department may enter into
15agreements with the federal environmental protection agency.
SB622, s. 610 16Section 610. 144.442 (9) of the statutes, as affected by 1995 Wisconsin Act 27,
17is renumbered 292.31 (8), and 292.31 (8) (b) 1., (d), (h) and (i), as renumbered, are
18amended to read:
SB622,249,2219 292.31 (8) (b) 1. This subsection does not apply to the release or discharge of
20a substance which is in compliance with a permit, license, approval, special order,
21waiver or variance issued under this chapter or ch. 30, 31 or 147 283, or under
22corresponding federal statutes or regulations.
SB622,249,2523 (d) Right of action. A right of action shall accrue to the state against any person
24responsible under par. (c) if an expenditure is made for environmental repair at the
25site or facility or if an expenditure is made under sub. (8) (7).
SB622,250,8
1(h) Cleanup agreements; waiver of cost recovery. The department and any
2person who is responsible under par. (c) may enter into an agreement regarding
3actions which the department is authorized to take under sub. (6) (3). In the
4agreement, the department may specify those actions under sub. (6) (3) which the
5responsible person may take. As part of the agreement, the department may agree
6to reduce the amount which the state is entitled to recover under this subsection or
7to waive part or all of the liability which the responsible person may have under this
8subsection.
SB622,250,119 (i) Lien. Any expenditures made by the department under sub. (4), (6) (1), (3)
10or (8) (7) shall constitute a lien upon the property for which the expenses are
11incurred, as provided in s. 144.76 (13) 292.81.
SB622, s. 611 12Section 611. 144.442 (9m) of the statutes is renumbered 292.61, and 292.61
13(1) (intro.), (3) (b) 4. and (5), as renumbered, are amended to read:
SB622,250,1414 292.61 (1) Definitions. (intro.) In this subsection section:
SB622,250,19 15(3) (b) 4. A statement of whether the political subdivision intends to use the cost
16recovery procedure in s. 144.4422 292.35. If the political subdivision indicates in its
17application that it intends to use the cost recovery procedure in s. 144.4422 292.35,
18the department may not approve the application for a remedial action grant until the
19political subdivision completes the procedures under s. 144.4422 292.35 (2g) and (2r).
SB622,250,23 20(5) Subrogation. The state is subrogated to the rights of a political subdivision
21that obtains an award under this section in an amount equal to the award. All
22moneys recovered under this paragraph subsection shall be credited to the
23environmental fund for environmental repair.
SB622, s. 612 24Section 612. 144.442 (10) and (11) of the statutes are renumbered 292.31 (9)
25and (10), and 292.31 (10) (b), as renumbered, is amended to read:
SB622,251,4
1292.31 (10) (b) If a person takes any remedial action at a site or facility, whether
2or not an agreement is entered into with the department under sub. (9) (8) (h), any
3agreement and the action taken are not evidence of liability or an admission of
4liability for any potential or actual environmental pollution.
Note: Section 144.442 (10) and (11) both contain references to "this section".
Current s. 144.442 contains provisions related to environmental repair fees and remedial
action. It is apparent that s. 144.442 (10) and (11) refer only to the remedial action
provisions of the statute. Therefore, s. 144.442 (10) and (11) are renumbered to ch. 292,
and are not duplicated in s. 289.67, which establishes the environmental repair fees.
SB622, s. 613 5Section 613. 144.4422 (title) and (1) (intro.) of the statutes are renumbered
6292.35 (title) and (1) (intro.).
SB622, s. 614 7Section 614. 144.4422 (1) (a) of the statutes is repealed.
SB622, s. 615 8Section 615. 144.4422 (1) (b), (c), (d), (e), (f) and (g) of the statutes are
9renumbered 292.35 (1) (b), (c), (d), (e), (f) and (g), and 292.35 (1) (f), as renumbered,
10is amended to read:
SB622,251,1211 292.35 (1) (f) "Site or facility" has the meaning given in s. 144.442 (9m) (a) 2.
12292.61 (1) (b).
SB622, s. 616 13Section 616. 144.4422 (2), (2g), (2r), (3), (4), (5), (6), (7), (8), (9), (10), (11) and
14(13) of the statutes are renumbered 292.35 (2), (2g), (2r), (3), (4), (5), (6), (7), (8), (9),
15(10), (11) and (13), and 292.35 (2g) (b) 3., (7) and (9) (b) and (bm), as renumbered, are
16amended to read:
SB622,251,1817 292.35 (2g) (b) 3. The identity of subsidiary or parent corporations, as defined
18in s. 144.442 (9) 292.31 (8) (a) 3., of any person who may be a responsible party.
SB622,252,8 19(7) Responsible parties subject to an agreement or recommendation. A
20responsible party that enters into an agreement under sub. (5) with a political
21subdivision or that accepts the umpire's recommendation under sub. (6), if the
22political subdivision does not reject the recommendation, is required to comply with

1the agreement or recommendation. When the responsible party has complied with
2the agreement or recommendation, the responsible party is not liable to the state,
3including under s. 144.442 (9) or 144.76 292.11 (7) (b) or 292.31 (8), or to the political
4subdivision for any additional costs of the investigation or remedial action; the
5responsible party is not liable to any other responsible party for contribution to costs
6incurred by any other responsible party for the investigation or remedial action; and
7the responsible party is not subject to an order under s. 144.76 292.11 (7) (c) for the
8discharge that is the subject of the agreement or recommendation.
SB622,252,14 9(9) (b) 1. Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 144.76
10(9m) and (9s)
292.21, a responsible party is liable for a portion of the costs, as
11determined under pars. (c) to (e), incurred by a political subdivision for remedial
12action in an agreement under sub. (5) or a recommendation under sub. (6) and for any
13related investigation. A right of action shall accrue to a political subdivision against
14the responsible party for costs listed in this subdivision.
SB622,252,2015 2. Except as provided in pars. (bm), (br) and (e), sub. (7) and s. 144.76 (9m) and
16(9s)
292.21, a responsible party is liable for a portion of any unreimbursed costs, as
17determined under pars. (c) to (e), incurred by this state in approving and supervising
18a remedial action funded under s. 144.442 (9m) (c) 292.61 (3) and for the costs of a
19grant under s. 144.442 (9m) (c) 292.61 (3). A right of action shall accrue to this state
20against the responsible party for costs listed in this subdivision.
SB622,252,2421 (bm) Paragraph (b) does not apply with respect to a discharge if the discharge
22was in compliance with a permit license, approval, special order, waiver or variance
23issued under ss. 144.30 to 144.426 or ch. 147 283 or 285 or under corresponding
24federal statutes or regulations.
SB622, s. 617
1Section 617. 144.443 (title) and (1) (intro.) of the statutes are renumbered
2289.41 (title) and (1) (intro.).
SB622, s. 618 3Section 618. 144.443 (1) (a) of the statutes is repealed.
SB622, s. 619 4Section 619. 144.443 (1) (am) of the statutes is renumbered 289.41 (1) (am).
SB622, s. 620 5Section 620. 144.443 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
663
, is renumbered 289.41 (1) (b), and 289.41 (1) (b) 1. and 2., as renumbered, are
7amended to read:
SB622,253,138 289.41 (1) (b) 1. Any business operated for profit and any public utility which
9is applying for or holds a license for the operation of a solid or hazardous waste
10disposal facility under s. 144.44 (4) 289.31 or 144.64 (2) 291.25 directly or through
11a subsidiary, affiliate, contractor or other entity if the business or public utility
12guarantees compliance with any closure and long-term care responsibilities of the
13subsidiary, affiliate, contractor or other entity.
SB622,253,1514 2. Any business operated for profit and any public utility that is required to
15perform corrective action under s. 144.735 291.37.
SB622, s. 621 16Section 621. 144.443 (1) (c) to (f) of the statutes are renumbered 289.41 (1) (c)
17to (f).
SB622, s. 622 18Section 622. 144.443 (2) and (3) of the statutes are renumbered 289.41 (2) and
19(3), and 289.41 (2) (a), (c) and (d) and (3) (a) 5. and 6., as renumbered, are amended
20to read:
SB622,254,221 289.41 (2) (a) Disposal facilities. The owner or operator of a solid or hazardous
22waste disposal facility shall maintain proof of financial responsibility ensuring the
23availability of funds for compliance with the closure and long-term care
24requirements specified in any rule, order, plan of operation or other plan approval

1during the period specified in s. 144.441 (2) sub. (1m) (b) or under s. 144.441 (2) sub.
2(1m)
(f).
SB622,254,73 (c) Hazardous waste disposal, storage and treatment facilities. If corrective
4action is required under s. 144.735 291.37, the owner or operator of the hazardous
5waste facility to which the requirement applies shall maintain proof of financial
6responsibility ensuring the availability of funds for compliance with the corrective
7action requirement.
SB622,254,118 (d) Unlicensed hazardous waste facilities. The owner or operator of an
9unlicensed hazardous waste facility subject to s. 144.64 (2m) 291.29 shall maintain
10proof of financial responsibility ensuring the availability of funds for compliance
11with the approved closure plan and, if applicable, the long-term care plan.
SB622,254,16 12(3) (a) 5. A financial commitment satisfactory to the department to ensure that
13the owner or operator will comply with the closure and any long-term care
14requirements specified in the plan of operation or the approved plan under s. 144.64
15(2m)
291.29. The department shall consider the request of any owner or operator to
16establish proof of financial responsibility under this subdivision.
SB622,254,2117 6. If corrective action is required under s. 144.735 291.37, a financial
18commitment satisfactory to the department to ensure that the owner or operator will
19comply with the requirement. The department shall consider the request of any
20owner or operator to establish proof of financial responsibility under this
21subdivision.
SB622, s. 623 22Section 623. 144.443 (4) of the statutes, as affected by 1995 Wisconsin Act 63,
23is renumbered 289.41 (4), and 289.41 (4) (b), as renumbered, is amended to read:
SB622,255,524 289.41 (4) (b) Application. A company which seeks to establish proof of
25financial responsibility utilizing the net worth method shall submit an application

1to the department as a part of the initial license application, written submissions
2required under s. 144.735 291.37 or annual review procedure which includes a copy
3of the most recent annual audited financial statements which were distributed to
4owners, stockholders or other persons with a financial interest in the company and
5the opinion of an independent certified public accountant.
SB622, s. 624 6Section 624. 144.443 (5) to (12) of the statutes are renumbered 289.41 (5) to
7(12), and 289.41 (6) (b), (9) (b) and (11) (a) (intro.) and 4., (am) (intro.) and 4. and (b)
8to (cm), as renumbered, are amended to read:
SB622,255,149 289.41 (6) (b) Net worth to closure, long-term care and corrective action cost
10ratio.
The net worth of the company at the end of its most recently completed fiscal
11year equals or exceeds 6 times the estimated total cost of compliance with the closure
12and any long-term care requirements specified in the plan of operation or the
13approved plan under s. 144.64 (2m) 291.29 plus the costs of any corrective action
14required under s. 144.735 291.37.
SB622,255,22 15(9) (b) Inability to meet closure and long-term care or corrective action costs.
16If a public utility which utilizes the risk pool arrangement does not comply with the
17closure and long-term care requirements specified in any plan of operation or
18approved plan under s. 144.64 (2m) 291.29 or with any corrective action required
19under s. 144.735 291.37 and if the department or the department of justice is unable
20to obtain compliance with these requirements after appropriate legal action because
21of bankruptcy, insolvency or the financial inability of the utility to comply with these
22requirements, then the department is authorized to enter an assessment order.
SB622,256,2 23(11) (a) Failure to comply with closure and long-term care requirements.
24(intro.) If the owner or operator of the facility fails to comply with the closure and

1any long-term care requirements in any plan of operation or approved plan under
2s. 144.64 (2m) 291.29:
SB622,256,83 4. The department may request the department of justice to initiate court
4action against the owner or operator to recover moneys sufficient to pay the cost of
5complying with the closure and long-term care requirements of the plan of operation
6or approved plan under s. 144.64 (2m) 291.29. Any moneys recovered in this type of
7action or as a settlement in anticipation of this type of action shall be credited to the
8waste management fund.
SB622,256,119 (am) Failure to comply with corrective action requirements. (intro.) If the
10owner or operator of the facility fails to comply with any corrective action
11requirements under s. 144.735 291.37:
SB622,256,1612 4. The department may request the department of justice to initiate court
13action against the owner or operator to recover moneys sufficient to pay the cost of
14complying with a corrective action required under s. 144.735 291.37. Any moneys
15recovered in this type of action or as a settlement in anticipation of this type of action
16shall be credited to the waste management fund.
SB622,256,2117 (b) Compliance with closure and long-term care requirements. 1. If the owner
18or operator of a waste facility fails to comply with the closure and any long-term care
19requirements in any plan of operation or approved plan under s. 144.64 (2m) 291.29,
20the department may take action or contract with a person to take action to comply
21with these requirements from moneys obtained for that purpose under par. (a).
SB622,257,422 2. If the owner or operator of an approved facility for which the plan of operation
23was approved under s. 144.44 (3) (c) 289.30 (6) before August 9, 1989, fails to comply
24with long-term care requirements in the plan of operation after the requirement to
25provide proof of financial responsibility expires under s. 144.441 (2) sub. (1m) (b) or

1(f) and if the department takes reasonable administrative and legal action to require
2compliance or to obtain moneys under par. (a) 4., then the department may take
3action or contract with a person to take action to comply with the requirements even
4though no moneys have been obtained under par. (a).
SB622,257,95 (bm) Compliance with corrective action requirements. If the owner or operator
6of a waste facility fails to comply with any corrective action required under s. 144.735
7291.37, the department may take action or contract with a person to take action to
8comply with a corrective action required under s. 144.735 291.37 from moneys
9obtained for that purpose under par. (am).
SB622,257,2010 (c) Prevention of imminent hazard; closure and long-term care. If the owner
11or operator of an approved facility for which the plan of operation was approved
12under s. 144.44 (3) (c) 289.30 (6) before August 9, 1989, fails to comply with the
13closure and any long-term care requirements in any plan of operation during the
14period for which the owner or operator is required to provide proof of financial
15responsibility, if the department determines that the failure to comply with these
16requirements presents an imminent or substantial danger to the health or
17environment and if the department takes reasonable administrative and legal action
18to require compliance or to obtain moneys under par. (a), then the department may
19take action or contract with a person to take action to comply with these
20requirements even though no moneys have been obtained under par. (a).
SB622,258,521 (cm) Prevention of imminent hazard; corrective action. If the owner or operator
22of an approved facility for which the plan of operation was approved under s. 144.44
23(3) (c)
289.30 (6) before August 9, 1989, fails to comply with any corrective action
24required under s. 144.735 291.37, if the department determines that the failure to
25comply with a corrective action requirement presents an imminent or substantial

1danger to the health or environment and if the department takes reasonable
2administrative and legal action to require compliance or to obtain moneys under par.
3(am), then the department may take action or contract with a person to take action
4to comply with a corrective action required under s. 144.735 291.37 even though no
5moneys have been obtained under par. (am).
SB622, s. 625 6Section 625. 144.444 of the statutes is renumbered 289.46, and 289.46 (1), as
7renumbered, is amended to read:
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