AB100-engrossed,1803,524
2. The owner or operator of a dry cleaning facility on which construction began
25on or before the effective date of this subdivision .... [revisor inserts date], is ineligible
1for an award under this section with respect to a discharge that occurs on or after the
291st day after the day on which the department issues a case closure letter with
3respect to an earlier discharge of dry cleaning solvent from the dry cleaning facility,
4unless the owner or operator has implemented the enhanced pollution prevention
5measures described in par. (b).
AB100-engrossed,1803,76
(b) An owner or operator who is required to implement enhanced pollution
7prevention measures shall demonstrate all of the following:
AB100-engrossed,1803,108
1. That the owner or operator manages all wastes that are generated at the dry
9cleaning facility and that contain dry cleaning solvent as hazardous wastes in
10compliance with ch. 291 and
42 USC 6901 to
6991i.
AB100-engrossed,1803,1311
2. That the dry cleaning facility does not discharge dry cleaning solvent or
12wastewater from dry cleaning machines into any sanitary sewer or septic tank or into
13the waters of this state.
AB100-engrossed,1803,1814
3. That each machine or other piece of equipment in which dry cleaning solvent
15is used, or the entire area in which those machines or pieces of equipment are located,
16is surrounded by a containment dike or other containment structure that is able to
17contain any leak, spill or other release of dry cleaning solvent from the machines or
18other pieces of equipment.
AB100-engrossed,1803,2019
4. That the floor within any area surrounded by a dike or other containment
20structure under subd. 3. is sealed or is otherwise impervious to dry cleaning solvent.
AB100-engrossed,1803,2221
5. That all dry cleaning solvent is delivered to the dry cleaning facility by means
22of a closed, direct-coupled delivery system.
AB100-engrossed,1804,2
23(6) Additional requirement for closed facilities. (a) To be eligible for an
24award under this section, the owner or operator of a dry cleaning facility that has
25ceased operating at the time that the owner or operator applies under sub. (8) (a)
1shall agree to pay all of the following each year for 30 years after the department
2issues the award:
AB100-engrossed,1804,43
1. An amount equal to the average annual license fee paid under s. 77.9961 (1)
4for that year.
AB100-engrossed,1804,65
2. An amount equal to the total amount collected under s. 77.9962 for that year
6divided by the number of dry cleaning facilities in operation during that year.
AB100-engrossed,1804,97
(b) An owner or operator to whom par. (a) applies shall guarantee payment
8under par. (a) by executing a note and mortgage on the site of the dry cleaning facility
9and a payment bond acceptable to the department.
AB100-engrossed,1804,1110
(c) All funds paid under this subsection shall be deposited in the dry cleaner
11environmental response fund.
AB100-engrossed,1804,14
12(7) Eligible costs. (a)
General. Subject to pars. (c), (ce), (cm) and (d), eligible
13costs for an award under this section include reasonable and necessary costs paid for
14the following items only:
AB100-engrossed,1804,1515
1. Removal of dry cleaning solvents from surface waters, groundwater or soil.
AB100-engrossed,1804,1716
2. Investigation and assessment of contamination caused by a dry cleaning
17solvent discharge from a dry cleaning facility.
AB100-engrossed,1804,1818
3. Preparation of remedial action plans.
AB100-engrossed,1804,1919
4. Removal of contaminated soils.
AB100-engrossed,1804,2020
5. Soil and groundwater treatment and disposal.
AB100-engrossed,1804,2121
6. Environmental monitoring.
AB100-engrossed,1804,2222
7. Laboratory services.
AB100-engrossed,1804,2423
8. Maintenance of equipment for dry cleaning solvent recovery performed as
24part of remedial action activities.
AB100-engrossed,1804,2525
9. Restoration or replacement of a private or public potable water supply.
AB100-engrossed,1805,1
110. Restoration of environmental quality.
AB100-engrossed,1805,22
11. Contractor costs for remedial action activities.
AB100-engrossed,1805,33
12. Inspection and supervision.
AB100-engrossed,1805,64
13. Those costs of purchase and installation of interim remedial equipment
5that qualify for reimbursement under s. 292.66 for which reimbursement was not
6received under s. 292.66.
AB100-engrossed,1805,97
14. Other costs identified by the department as reasonable and necessary for
8proper investigation, remedial action planning and remedial action activities to meet
9the requirements of s. 292.11.
AB100-engrossed,1805,1110
15. Compensation to 3rd parties for bodily injury and property damage caused
11by a dry cleaning solvent discharge from a dry cleaning facility.
AB100-engrossed,1805,1312
16. Financing for eligible activities under this paragraph as provided in par.
13(b).
AB100-engrossed,1805,1614
(b)
Financing costs. 1. Except as provided in subd. 2., eligible costs for an award
15under this section include the following costs of financing activities eligible for
16reimbursement under par. (a):
AB100-engrossed,1805,1717
a. Loan origination fees of up to 1% of the loan principal.
AB100-engrossed,1805,1918
b. Interest on a loan at no more than the prime rate as determined under rules
19promulgated by the department.
AB100-engrossed,1805,2220
2. Costs of financing activities that are undertaken after the effective date of
21this subdivision .... [revisor inserts date], and that are undertaken without the
22department's advance written approval are not eligible costs.
AB100-engrossed,1805,2423
(c)
Exclusions from eligible costs. Eligible costs for an award under this section
24do not include the following:
AB100-engrossed,1805,2525
1. Costs incurred before January 1, 1991.
AB100-engrossed,1806,1
12. Costs of retrofitting or replacing dry cleaning equipment.
AB100-engrossed,1806,42
3. Other costs that the department determines to be associated with, but not
3integral to, the investigation and remediation of a dry cleaning solvent discharge
4from a dry cleaning facility.
AB100-engrossed,1806,85
4. Costs, other than costs for compensating 3rd parties for bodily injury and
6property damage, that the department determines to be unreasonable or
7unnecessary to carry out the remedial action activities as specified in the remedial
8action plan.
AB100-engrossed,1806,109
5. Costs for investigations or remedial action activities conducted outside this
10state.
AB100-engrossed,1806,1311
(ce)
Usual and customary costs. The department may establish a schedule of
12usual and customary costs for any items under par. (a) and may use that schedule
13to determine the amount of an applicant's eligible costs.
AB100-engrossed,1806,2314
(cm)
Eligible cost; service providers. The department may promulgate rules
15under which the department selects service providers to provide investigation or
16remedial action services in specified areas. The rules may provide that the costs of
17a service for which the department has selected a service provider in an area are not
18eligible costs under par. (a), or that eligible costs are limited to the amount that the
19selected service provider would have charged, if an owner or operator of a dry
20cleaning facility located in that area uses a service provider other than the service
21provider selected by the department to perform the services. If the department
22selects service providers under this paragraph, it shall regularly update the list of
23service providers that it selects.
AB100-engrossed,1807,224
(d)
Discharges from multiple activities. If hazardous substances are discharged
25at a dry cleaning facility as a result of dry cleaning operations and as a result of other
1activities, eligible costs under this section are limited to activities necessitated by the
2discharge of dry cleaning solvent.
AB100-engrossed,1807,13
3(8) Awards. (a)
Application. An owner or operator shall submit an application
4on a form provided by the department. An owner or operator may not submit an
5application before September 1, 1998. An owner or operator may not submit an
6application after August 30, 2003, if the application relates to a dry cleaning facility
7that ceased to operate before September 1, 1998. An owner or operator may not
8submit an application after August 20, 2008, if the application relates to any other
9dry cleaning facility. The department shall authorize owners and operators to apply
10for awards at stages in the process under sub. (4) that the department specifies by
11rule. An application shall include all of the following documentation of activities,
12plans and expenditures associated with the eligible costs incurred because of a dry
13cleaning solvent discharge from a dry cleaning facility:
AB100-engrossed,1807,1414
1. A record of investigation results and data interpretation.
AB100-engrossed,1807,1515
2. A remedial action plan.
AB100-engrossed,1807,1716
3. Contracts for eligible costs incurred because of the discharge and records of
17the contract negotiations.
AB100-engrossed,1807,1918
4. Accounts, invoices, sales receipts or other records documenting actual
19eligible costs incurred because of the discharge.
AB100-engrossed,1807,2120
5. Other records and statements that the department determines to be
21necessary to complete the application.
AB100-engrossed,1807,2322
(b)
Acknowledgement. The department shall acknowledge, in writing, the
23receipt of an application under par. (a).
AB100-engrossed,1808,524
(c)
Approval. Subject to par. (d), if the department finds that an applicant
25meets the requirements of this section and rules promulgated under this section, the
1department shall make an award as provided in this subsection to reimburse the
2applicant for eligible costs paid. The department may not make an award for an
3investigation before it approves the investigation. The department may not make
4an award for remedial action activities before it approves the remedial action
5activities.
AB100-engrossed,1808,76
(d)
Denial of applications. The department shall deny an application under
7this section if any of the following applies:
AB100-engrossed,1808,88
1. The application is not within the scope of this section.
AB100-engrossed,1808,99
2. The applicant submits a fraudulent application.
AB100-engrossed,1808,1110
3. The applicant has been grossly negligent in the maintenance of the dry
11cleaning facility.
AB100-engrossed,1808,1212
4. The applicant intentionally damaged the dry cleaning equipment.
AB100-engrossed,1808,1313
5. The applicant falsified records.
AB100-engrossed,1808,1514
6. The applicant willfully failed to comply with laws or rules of this state
15concerning the use or disposal of dry cleaning solvents.
AB100-engrossed,1808,1716
7. The applicant has not paid all of the fees under ss. 77.9961, 77.9962 and
1777.9963.
AB100-engrossed,1808,2018
8. The dry cleaning solvent discharge was caused by a person who provided
19services or products to the owner or operator or to a prior owner or operator of the
20dry cleaning facility.
AB100-engrossed,1808,2421
(e)
Deductible. 1. The department may reimburse the owner or operator of a
22dry cleaning facility that is operating at the time that the owner or operator applies
23under par. (a) only for eligible costs incurred at each dry cleaning facility that exceed
24the following deductible:
AB100-engrossed,1808,2525
a. If eligible costs are $200,000 or less, $10,000.
AB100-engrossed,1809,2
1b. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8%
2of the amount by which eligible costs exceed $200,000.
AB100-engrossed,1809,43
c. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which
4eligible costs exceed $400,000, but the maximum deductible is $46,000.
AB100-engrossed,1809,75
3. The department may reimburse the owner or operator of a dry cleaning
6facility that has ceased operation before the owner or operator applies under par. (a)
7only for eligible costs that exceed the sum of the following:
AB100-engrossed,1809,88
a. Ten thousand dollars.
AB100-engrossed,1809,119
b. For each year in which the owner or operator has not paid the annual license
10fee under s. 77.9961 (1) for the dry cleaning facility, an amount equal to the average
11annual license fee paid under s. 77.9961 (1) for that year.
AB100-engrossed,1809,1512
c. For each year in which the dry cleaning solvents fee under s. 77.9962 was
13imposed and the dry cleaning facility was not in operation, an amount equal to the
14total amount collected under s. 77.9962 for that year divided by the number of dry
15cleaning facilities in operation during that year.
AB100-engrossed,1809,1916
d. If the owner or operator did not pay the inventory fee under s. 77.9963 with
17respect to the dry cleaning facility, an amount equal to the total amount collected
18under s. 77.9963 divided by the number of dry cleaning facilities paying the
19inventory fee.
AB100-engrossed,1809,2220
(f)
Maximum awards. 1. The department may not issue financial assistance
21under this section that exceeds $600,000 for reimbursement for costs incurred at a
22single dry cleaning facility.
AB100-engrossed,1809,2423
2. The department may not issue financial assistance under this section to an
24owner or operator in one program year that totals more than the following:
AB100-engrossed,1809,2525
a. For an owner or operator of 10 or fewer dry cleaning facilities, $250,000.
AB100-engrossed,1810,1
1b. For an owner or operator of more than 10 dry cleaning facilities, $500,000.
AB100-engrossed,1810,102
(g)
Waiver of deductible. Notwithstanding par. (e), the department may waive
3the requirement that an owner or operator pay the deductible amount if the
4department determines that the owner or operator is unable to pay. If the
5department waives the requirement that an owner or operator pay the deductible,
6the department shall record a statement of lien with the register of deeds of the
7county in which the dry cleaning facility is located. If the department records the
8statement of lien, the department has a lien on the property on which the dry
9cleaning facility is located in the amount of the deductible that was waived. The
10property remains subject to the lien until that amount is paid in full.
AB100-engrossed,1810,1311
(h)
Contributory negligence. The department may not diminish or deny an
12award under this section as a result of negligence attributable to the applicant or any
13person who is entitled to submit an application, except as provided in par. (d) 3.
AB100-engrossed,1810,2114
(i)
Assignment of awards. The filing by an applicant with the department of
15an assignment of an award under this section to a person who loans money to the
16applicant for the purpose of conducting activities required under sub. (4) creates and
17perfects a lien in favor of the assignee in the proceeds of the award. The lien secures
18all principal, interest, fees, costs and expenses of the assignee related to the loan.
19The lien under this paragraph has priority over any previously existing or
20subsequently created lien, assignment, security interest or other interest in the
21proceeds of the award.
AB100-engrossed,1811,222
(j)
Reduction of awards. 1. If an owner or operator prepares and submits an
23application that includes ineligible costs that are identified under subd. 3., the
24department shall calculate the award by determining the amount that the award
25would otherwise be under pars. (e) and (f) based only on the eligible costs and then
1by reducing that amount by 50% of the ineligible costs under subd. 2. that are
2included in the application.
AB100-engrossed,1811,93
2. If a consultant prepares an application that is submitted by an owner or
4operator and that includes ineligible costs that are identified under subd. 3., the
5consultant shall pay to the department an amount equal to 50% of the ineligible costs
6identified under subd. 3. that are included in the application. A consultant may not
7charge the owner or operator for any amount that the consultant is required to pay
8under this subdivision. Payments made under this subdivision shall be deposited
9in the dry cleaner environmental response fund.
AB100-engrossed,1811,1110
3. The department shall promulgate a rule identifying the ineligible costs to
11which subds. 1. and 2. apply.
AB100-engrossed,1811,16
12(9) Recovery of awards. (a)
Right of action. A right of action under this section
13shall accrue to the state against an owner or operator only if the owner or operator
14submits a fraudulent application or does not meet the requirements under this
15section and if an award is issued under this section to the owner or operator for
16eligible costs under this section.
AB100-engrossed,1811,2017
(b)
Action to recover awards. The attorney general shall take appropriate
18actions to recover awards to which the state is entitled under par. (a). The
19department shall request that the attorney general take action if the department
20discovers a fraudulent application after an award is issued.
AB100-engrossed,1811,2221
(c)
Disposition of funds. The net proceeds of the recovery under par. (b) shall
22be paid into the dry cleaner environmental response fund.
AB100-engrossed,1812,3
23(10) Liability. (a) No common law liability, and no statutory liability that is
24provided in a statute other than this section, for damages resulting from a dry
25cleaning facility is affected by this section. Except as provided in par. (b), the
1authority, power and remedies provided in this section are in addition to any
2authority, power or remedy provided in any statute other than this section or
3provided at common law.
AB100-engrossed,1812,64
(b) An award under this section is the exclusive method for the recovery of the
5amount of eligible costs equal to the amount of the award that may be issued under
6this section.
AB100-engrossed,1812,117
(c) If a person conducts a remedial action activity for a discharge at a dry
8cleaning facility site, whether or not the person files an application under this
9section, the remedial action activity conducted and any application filed under this
10section are not evidence of liability or an admission of liability for any potential or
11actual environmental pollution.
AB100-engrossed,1812,20
12(11) Intervention in 3rd-party actions. An owner or operator of a dry cleaning
13facility shall notify the department of any action by a 3rd party against the owner
14or operator for compensation for bodily injury or property damage caused by a dry
15cleaning solvent discharge from the dry cleaning facility if the owner or operator may
16be eligible for an award under this section. The department may intervene in any
17action by a 3rd party against an owner or operator for compensation for bodily injury
18or property damage caused by a dry cleaning solvent discharge from a dry cleaning
19facility if the owner or operator may be eligible for an award under this section for
20compensation awarded in the action.
AB100-engrossed,1812,23
21(12) Records. (a) The department shall promulgate rules prescribing
22requirements for the records to be maintained by an owner, operator or service
23provider and the periods for which they must retain those records.
AB100-engrossed,1813,3
1(b) The department may inspect any document in the possession of an owner,
2operator or service provider or any other person if the document is relevant to an
3application for reimbursement under this section.
AB100-engrossed,1813,7
4(13) Council. The dry cleaner environmental response council shall advise the
5department concerning the programs under this section and s. 292.66. The dry
6cleaner environmental response council shall evaluate the program under this
7section at least every 5 years, using criteria developed by the council.
AB100-engrossed,1813,8
8(14) Sunset. This section does not apply after June 30, 2032.