AB100-engrossed,1787,7
1292.35
(2g) (b) (intro.) Upon the request of an employe or authorized
2representative of the
political subdivision local governmental unit, or pursuant to a
3special inspection warrant under s. 66.122, any person who generated, transported,
4treated, stored or disposed of a hazardous substance that may have been disposed
5of or discharged at the site or facility or who is or was an owner or operator shall
6provide the employe or authorized representative access to any records or documents
7in that person's custody, possession or control that relate to all of the following:
AB100-engrossed,1787,129
292.35
(2g) (c) The
political subdivision local governmental unit shall maintain
10a single repository that is readily accessible to the public for all documents related
11to responsible parties, the investigation, the remedial action and plans for
12redevelopment of the property.
AB100-engrossed,1787,1514
292.35
(2r) (a) The
political subdivision local governmental unit shall, in
15consultation with the department, prepare a draft remedial action plan.
AB100-engrossed,1788,317
292.35
(2r) (b) Upon completion of the draft remedial action plan, the
political
18subdivision local governmental unit shall send written notice to all responsible
19parties identified by the
political subdivision local governmental unit, provide public
20notice and conduct a public hearing on the draft remedial action plan. The notice to
21responsible parties shall offer the person receiving the notice an opportunity to
22provide information regarding the status of that person or any other person as a
23responsible party, notice and a description of the public hearing and a description of
24the procedures in this section. At the public hearing, the
political subdivision local
25governmental unit shall solicit testimony on whether the draft remedial action plan
1is the least costly method of meeting the standards for remedial action promulgated
2by the department by rule. The
political subdivision
local governmental unit shall
3accept written comments for at least 30 days after the close of the public hearing.
AB100-engrossed,1788,105
292.35
(2r) (c) Upon the conclusion of the period for written comment, the
6political subdivision local governmental unit shall prepare a preliminary remedial
7action plan, taking into account the written comments and comments received at the
8public hearing and shall submit the preliminary remedial action plan to the
9department for approval. The department may approve the preliminary remedial
10action plan as submitted or require modifications.
AB100-engrossed,1788,1912
292.35
(3) (a) (intro.) Upon receiving the department's approval of the
13preliminary remedial action plan, the
political subdivision local governmental unit 14shall serve an offer to settle regarding the contribution of funds for investigation and
15remedial action at the site or facility on each of the responsible parties identified by
16the
political subdivision local governmental unit, using the procedure for service of
17a summons under s. 801.11 and shall notify the department that the offer to settle
18has been served. The
political subdivision local governmental unit shall include in
19the offer to settle all of the following information:
AB100-engrossed,1788,2321
292.35
(3) (a) 2. The names, addresses and contact persons, to the extent
22known, for all of the responsible parties identified by the
political subdivision local
23governmental unit.
AB100-engrossed,1789,3
1292.35
(3) (a) 3. The location and availability of documents that support the
2claim of the
political subdivision local governmental unit against the responsible
3party.
AB100-engrossed,1789,105
292.35
(3) (b) The department shall maintain a list of competent and
6disinterested umpires qualified to perform the duties under subs. (4) to (6). None of
7the umpires may be employes of the department. Upon receiving notice from a
8political subdivision local governmental unit under par. (a), the secretary or his or
9her designee shall select an umpire from the list and inform the
political subdivision 10local governmental unit and responsible parties of the person selected.
AB100-engrossed,1789,2312
292.35
(3) (c) Within 10 days after receiving notice of the umpire selected by
13the department under par. (b), the
political subdivision local governmental unit may
14notify the department that the umpire selected is unacceptable. Within 10 days after
15receiving notice of the umpire selected by the department under par. (b), a
16responsible party may notify the department that the umpire selected is
17unacceptable or that the responsible party does not intend to participate in the
18negotiation. Failure to notify the department that the umpire is unacceptable shall
19be considered acceptance. If all responsible parties identified by the
political
20subdivision local governmental unit indicate that they do not intend to participate
21in the negotiation, the department shall inform the
political subdivision local
22governmental unit and the
political subdivision
local governmental unit shall cease
23further action under this section.
AB100-engrossed,1790,4
1292.35
(3) (d) Upon receiving notice under par. (c) that the selected umpire is
2unacceptable, the secretary or his or her designee shall select 5 additional umpires
3from the list and inform the
political subdivision
local governmental unit and
4responsible parties of the persons selected.
AB100-engrossed,1790,146
292.35
(3) (e) Within 10 days after receiving notice of the umpires selected by
7the department under par. (d), the
political subdivision local governmental unit or
8a responsible party may notify the department that one or more of the umpires
9selected are unacceptable. Failure to notify the department shall be considered
10acceptance. The secretary or his or her designee shall select an umpire from among
11those umpires not identified as unacceptable by the
political subdivision local
12governmental unit or a responsible party or, if all umpires are identified as
13unacceptable, the secretary or his or her designee shall designate a person to be
14umpire for the negotiation.
AB100-engrossed,1790,2516
292.35
(4) (a) The umpire, immediately upon being appointed, shall contact the
17department, the
political subdivision local governmental unit and the responsible
18parties that received the offer to settle and shall schedule the negotiating sessions.
19The umpire shall schedule the first negotiating session no later than 20 days after
20being appointed. The umpire may meet with all parties to the negotiation, individual
21parties or groups of parties. The umpire shall facilitate a discussion between the
22political subdivision local governmental unit and the responsible parties to attempt
23to reach an agreement on the design and implementation of the remedial action plan
24and the contribution of funds by the
political subdivision local governmental unit and
25responsible parties.
AB100-engrossed,1791,72
292.35
(4) (d) The
political subdivision local governmental unit and the
3responsible parties that participate in negotiations shall pay for the costs of the
4umpire, whether or not an agreement among the parties is reached under sub. (5) or
5the parties accept the recommendation of the umpire under sub. (6). The umpire
6shall determine an equitable manner of paying for the costs of the umpire, which is
7binding.
AB100-engrossed,1791,169
292.35
(5) Agreement in negotiation. The
political subdivision local
10governmental unit and any of the responsible parties may enter into any agreement
11in negotiation regarding the design and implementation of the remedial action plan
12and the contribution of funds by the
political subdivision local governmental unit and
13responsible parties for the investigation and remedial action. The portion of the
14agreement containing the design and implementation of the remedial action plan
15shall be submitted to the department for approval. The department may approve
16that portion of the agreement as submitted or require modifications.
AB100-engrossed,1792,618
292.35
(6) (a) If the
political subdivision local governmental unit and any
19responsible parties are unable to reach an agreement under sub. (5) by the end of the
20period of negotiation, the umpire shall make a recommendation regarding the design
21and implementation of the remedial action plan and the contribution of funds for
22investigation and remedial action by the
political subdivision local governmental
23unit and all responsible parties that were identified by the
political subdivision local
24governmental unit and that did not reach an agreement under sub. (5), whether or
25not the responsible parties participated in negotiations under sub. (4). The umpire
1shall submit the recommendation to the department for its approval within 20 days
2after the end of the period of negotiation under sub. (4) (c). The department may
3approve the recommendation as submitted or require modifications. The umpire
4shall distribute a copy of the approved recommendation to the
political subdivision 5local governmental unit and all responsible parties identified by the
political
6subdivision local governmental unit.
AB100-engrossed,1792,158
292.35
(6) (b) The
political subdivision local governmental unit and the
9responsible parties that did not reach an agreement under sub. (5) shall accept or
10reject the umpire's recommendation within 60 days after receiving it. Failure to
11accept or reject the recommendation within 60 days shall be considered rejection of
12the recommendation. If the
political subdivision
local governmental unit rejects the
13recommendation with respect to any responsible party, the recommendation does not
14apply to that responsible party. If a responsible party rejects the recommendation,
15it does not apply to that responsible party.
AB100-engrossed,1793,417
292.35
(7) Responsible parties subject to an agreement or recommendation. 18A responsible party that enters into an agreement under sub. (5) with a
political
19subdivision local governmental unit or that accepts the umpire's recommendation
20under sub. (6), if the
political subdivision local governmental unit does not reject the
21recommendation, is required to comply with the agreement or recommendation.
22When the responsible party has complied with the agreement or recommendation,
23the responsible party is not liable to the state, including under s. 292.11 (7) (b) or
24292.31 (8), or to the
political subdivision local governmental unit for any additional
25costs of the investigation or remedial action; the responsible party is not liable to any
1other responsible party for contribution to costs incurred by any other responsible
2party for the investigation or remedial action; and the responsible party is not subject
3to an order under s. 292.11 (7) (c) for the discharge that is the subject of the agreement
4or recommendation.
AB100-engrossed,1793,86
292.35
(8) (b) (intro.) A
political subdivision local governmental unit is entitled
7to recover litigation expenses and interest on the judgment against a responsible
8party if any of the following occurs:
AB100-engrossed,1793,1410
292.35
(8) (b) 1. The
political subdivision local governmental unit accepts the
11recommendation of an umpire under sub. (6), the responsible party rejects it and the
12political subdivision local governmental unit recovers a judgment under sub. (9)
13against that responsible party that equals or exceeds the amount of the umpire's
14recommendation.
AB100-engrossed,1793,2116
292.35
(8) (b) 2. The
political subdivision local governmental unit and the
17responsible party enter into an agreement under sub. (5) or accept the umpire's
18recommendation under sub. (6), the responsible party does not comply with the
19requirements of the agreement or recommendation and the
political subdivision 20local governmental unit recovers a judgment against that responsible party based
21on the agreement or recommendation.
AB100-engrossed,1794,623
292.35
(8) (c) A responsible party is entitled to recover litigation expenses from
24a
political subdivision local governmental unit if the responsible party accepts the
25recommendation of an umpire under sub. (6), the
political subdivision local
1governmental unit rejects the recommendation of the umpire under sub. (6) with
2respect to the responsible party, the
political subdivision local governmental unit 3institutes an action under sub. (9) against the responsible party and the
political
4subdivision local governmental unit recovers a judgment under sub. (9) against the
5responsible party that is equal to or less than the amount of the umpire's
6recommendation.
AB100-engrossed, s. 3715
7Section
3715. 292.35 (9) (b) 1. of the statutes is renumbered 292.35 (9) (b) and
8amended to read:
AB100-engrossed,1794,159
292.35
(9) (b) Except as provided in pars. (bm), (br) and (e), sub. (7) and s.
10292.21, a responsible party is liable for a portion of the costs, as determined under
11pars. (c) to (e), incurred by a
political subdivision
local governmental unit for
12remedial action in an agreement under sub. (5) or a recommendation under sub. (6)
13and for any related investigation. A right of action shall accrue to a
political
14subdivision local governmental unit against the responsible party for costs listed in
15this
subdivision paragraph.
AB100-engrossed,1794,2118
292.41
(6) (c) The department is entitled to recover moneys expended under
19this section from any person who caused the containers to be abandoned or is
20responsible for the containers. The funds recovered under this paragraph shall be
21deposited into the environmental fund for environmental
repair management.
AB100-engrossed,1795,424
292.51
(2) The department may seek and receive voluntary contributions of
25funds from a municipality or any other public or private source for all or part of the
1costs of remedying environmental contamination if the activities being funded are
2part of a cooperative effort, by the department and the person providing the funds,
3to remedy that environmental contamination.
All contributions received under this
4subsection shall be deposited in the environmental fund.
AB100-engrossed,1795,8
6292.55 Requests for liability clarification and technical assistance. (1) 7(a) The department may, upon request, assist a person to determine whether the
8person is or may become liable for the environmental pollution of a property.
AB100-engrossed,1795,119
(b) The department may, upon request, assist in, or provide comments on, the
10planning and implementation of an environmental investigation of a property or the
11environmental cleanup of a property.
AB100-engrossed,1795,1312
(c) The department may determine whether further action is necessary to
13remedy environmental pollution of a property.
AB100-engrossed,1795,1514
(d) The department may issue a letter to a person seeking assistance under this
15subsection concerning any of the following:
AB100-engrossed,1795,1716
1. The liability of a person owning or leasing a property for environmental
17pollution of the property.
AB100-engrossed,1795,1818
2. The type and extent of environmental pollution of a property.
AB100-engrossed,1795,1919
3. The adequacy of an environmental investigation.
AB100-engrossed,1795,2020
4. Any other matter related to the request for assistance under this subsection.
AB100-engrossed,1795,24
21(2) The department may assess and collect fees from a person to offset the costs
22of providing assistance under sub. (1). The department shall promulgate rules for
23the assessment and collection of fees under this subsection. Fees collected under this
24subsection shall be credited to the appropriation account under s. 20.370 (2) (dh).
AB100-engrossed,1796,3
2292.65 Dry cleaner environmental response program. (1) Definitions. 3In this section and s. 292.66:
AB100-engrossed,1796,74
(a) "Bodily injury" does not include those liabilities that are excluded from
5coverage in liability insurance policies for bodily injury other than liabilities
6excluded because they are caused by a dry cleaning solvent discharge from a dry
7cleaning facility.
AB100-engrossed,1796,108
(b) "Case closure letter" means a letter provided by the department that states
9that, based on information available to the department, no further remedial action
10is necessary with respect to a dry cleaning solvent discharge.
AB100-engrossed,1796,1211
(d) "Dry cleaning facility" means a facility for dry cleaning apparel or household
12fabrics for the general public other than a facility that is one of the following:
AB100-engrossed,1796,1313
1. A coin-operated facility.
AB100-engrossed,1796,1414
2. A facility that is located on a U.S. military installation.
AB100-engrossed,1796,1515
3. An industrial laundry.
AB100-engrossed,1796,1616
4. A commercial laundry.
AB100-engrossed,1796,1717
5. A linen supply facility.
AB100-engrossed,1796,1818
6. A facility that is located at a prison or other penal institution.
AB100-engrossed,1796,2019
7. A facility that is located at a nonprofit hospital or at another nonprofit health
20care institution.
AB100-engrossed,1796,2321
8. A facility that is located on property that is owned by the federal government
22or by this state or that is located on property that was owned by the federal
23government or by this state when the facility was operating.
AB100-engrossed,1797,3
1(e) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based
2formulation or product that is used as a primary cleaning agent in dry cleaning
3facilities.
AB100-engrossed,1797,44
(g) "Groundwater" has the meaning given in s. 281.75 (1) (c).
AB100-engrossed,1797,115
(gm) "Immediate action" means a remedial action that is taken within a short
6time after a discharge of dry cleaning solvent occurs, or after the discovery of a
7discharge of dry cleaning solvent, to halt the discharge, contain or remove discharged
8dry cleaning solvent or remove contaminated soil or water in order to restore the
9environment to the extent practicable and to minimize the harmful effects of the
10discharge to air, lands and waters of the state and to eliminate any imminent threat
11to public health, safety or welfare.
AB100-engrossed,1797,1212
(h) "Operator" means any of the following:
AB100-engrossed,1797,1313
1. A person who holds the license under s. 77.9961 (2) for a dry cleaning facility.
AB100-engrossed,1797,1414
2. A subsidiary or parent corporation of the person specified under subd. 1.
AB100-engrossed,1797,1515
(i) "Owner" means any of the following:
AB100-engrossed,1797,2016
1. A person who owns, or has possession or control of, a dry cleaning facility,
17or who receives direct or indirect consideration from the operation of a dry cleaning
18facility regardless of whether the dry cleaning facility remains in operation and
19regardless of whether the person owns or receives consideration at the time that
20environmental pollution occurs.
AB100-engrossed,1797,2121
2. A subsidiary or parent corporation of the person specified under subd. 1.
AB100-engrossed,1797,2322
(j) "Program year" means the period beginning on July 1, and ending on the
23following June 30.
AB100-engrossed,1798,324
(k) "Property damage" does not include those liabilities that are excluded from
25coverage in liability insurance policies for property damage, other than liability for
1remedial action associated with dry cleaning solvent discharges from affected dry
2cleaning facilities. "Property damage" does not include the loss of fair market value
3resulting from a discharge.
AB100-engrossed,1798,74
(L) "Service provider" means a consultant, testing laboratory, monitoring well
5installer, soil boring contractor, other contractor, lender or any other person who
6provides a product or service for which an application for reimbursement has been
7or will be filed under this section, or a subcontractor of such a person.
AB100-engrossed,1798,118
(m) "Subsidiary or parent corporation" means a business entity, including a
9subsidiary, parent corporation or other business arrangement, that has elements of
10common ownership or control or that uses a long-term contractual arrangement
11with a person to avoid direct responsibility for conditions at a dry cleaning facility.
AB100-engrossed,1798,17
12(2) Rules concerning 3rd-party compensation. The commissioner of
13insurance shall promulgate rules defining "liabilities that are excluded from
14coverage in liability insurance policies for bodily injury" and "liabilities that are
15excluded from coverage in liability insurance policies for property damage" for the
16purposes of sub. (1) (a) and (k). The definitions shall be consistent with standard
17insurance industry practices.