SB77, s. 3641
13Section
3641. 289.67 (1) (h) of the statutes is amended to read:
SB77,1467,1514
289.67
(1) (h)
Use of environmental repair fee. The fees collected under par. (b)
15shall be credited to the environmental fund for environmental
repair management.
SB77, s. 3642
16Section
3642. 289.67 (2) (c) 5. of the statutes is created to read:
SB77,1467,1917
289.67
(2) (c) 5. Hazardous wastes that are collected by a county under a
18program for the collection and disposal of chemicals that are used for agricultural
19purposes, including pesticides, as defined in s. 94.67 (25).
SB77, s. 3643
20Section
3643. 289.67 (2) (e) of the statutes is amended to read:
SB77,1467,2221
289.67
(2) (e) All moneys received under this subsection shall be credited to the
22environmental fund for environmental
repair management.
SB77, s. 3644
23Section
3644. 289.67 (3) (c) of the statutes is amended to read:
SB77,1468,3
1289.67
(3) (c)
Use of environmental repair base fees. Environmental repair base
2fees shall be credited to the environmental fund for environmental
repair 3management.
SB77, s. 3645
4Section
3645. 289.67 (4) (c) of the statutes is amended to read:
SB77,1468,75
289.67
(4) (c)
Use of environmental repair surcharge. Environmental repair
6surcharges shall be credited to the environmental fund for environmental
repair 7management.
SB77, s. 3646
8Section
3646. 291.15 (2) (d) of the statutes is amended to read:
SB77,1469,39
291.15
(2) (d)
Use of confidential records. Except as provided under par. (c) and
10this paragraph the department or the department of justice may use records and
11other information granted confidential status under this subsection only in the
12administration and enforcement of this chapter. The department or the department
13of justice may release for general distribution records and other information granted
14confidential status under this subsection if the owner or operator expressly agrees
15to the release. The department or the department of justice may release on a limited
16basis records and other information granted confidential status under this
17subsection if the department or the department of justice is directed to take this
18action by a judge or hearing examiner under an order which protects the
19confidentiality of the records or other information. The department or the
20department of justice may release to the U.S. environmental protection agency or its
21authorized representative records and other information granted confidential status
22under this subsection if the department or the department of justice includes in each
23release of records or other information a request to the U.S. environmental
24protection agency or its authorized representative to protect the confidentiality of
25the records or other information.
The department or the department of justice shall
1release to the department of industry, labor and job development records and other
2information granted confidential status under this subsection if requested by the
3department of industry, labor and job development under s. 49.22 (2m).
SB77, s. 3647
4Section
3647. 291.97 (2) (b) (intro.) of the statutes is amended to read:
SB77,1469,75
291.97
(2) (b) (intro.) Any person who wilfully does any of the following shall
6be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than
75 7 years
and 6 months or both:
SB77, s. 3648
8Section
3648. 291.97 (2) (c) of the statutes is amended to read:
SB77,1469,119
291.97
(2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall
10be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than
11one year in the Wisconsin state prisons 2 years or both.
SB77,1469,1412
2. For a 2nd or subsequent violation under par. (b), a person shall be fined not
13less than $5,000 nor more than $150,000 or imprisoned for not more than
10 15 years
14or both.
SB77, s. 3649
15Section
3649. 292.01 (18) of the statutes is amended to read:
SB77,1469,1716
292.01
(18) "Site or facility" means, except in
ss. s. 292.35
and 292.61, an
17approved facility, an approved mining facility, a nonapproved facility or a waste site.
SB77, s. 3650
18Section
3650. 292.11 (6) (c) 1. of the statutes is amended to read:
SB77,1469,2019
292.11
(6) (c) 1. Reimbursements to the department under sub. (7) (b) shall be
20credited to the environmental fund for environmental
repair management.
SB77, s. 3651
21Section
3651. 292.11 (7) (d) of the statutes is created to read:
SB77,1470,222
292.11
(7) (d) The department may negotiate and enter into an agreement
23containing a schedule for conducting the actions required under sub. (3) with a
24person who possessed or controlled a hazardous substance that was discharged or
1who caused the discharge of a hazardous substance if the discharge does not
2endanger public health.
SB77, s. 3652
3Section
3652. 292.11 (7) (e) of the statutes is created to read:
SB77,1470,64
292.11
(7) (e) If a person violates an order under par. (c) or an agreement under
5par. (d), the department may refer the matter to the department of justice for
6enforcement under s. 299.95.
SB77, s. 3653
7Section
3653. 292.11 (8m) of the statutes is created to read:
SB77,1470,118
292.11
(8m) Delay for certain persons. (a) A person who discovers a discharge
9of a hazardous substance on property owned by the person as a result of conducting
10an environmental investigation of the property may delay taking the actions
11required under sub. (3) if all of the following apply:
SB77,1470,1312
1. The person provides the department with a legal description of the property
13and a summary of the environmental investigation.
SB77,1470,1514
2. The department determines that the discharge does not pose an immediate
15and direct threat to human health or the environment.
SB77,1470,1816
3. The person does not take any action that increases the rate of migration of
17the hazardous substance or that otherwise worsens the effect of the discharge on
18human health or the environment.
SB77,1470,2419
4. The person negotiates with the department concerning an agreement
20containing a schedule for conducting the actions required under sub. (3) and enters
21into the agreement within 3 years of conducting the environmental investigation,
22except that a person who is a voluntary party, as defined in s. 292.15 (1) (f), is not
23required to enter into the agreement until 6 years after conducting the
24environmental investigation.
SB77,1471,3
1(b) The department may not issue an order under sub. (7) (c), and sub. (7) (b)
2does not apply, to a person to whom par. (a) applies unless the person violates the
3agreement under par. (a) 4.
SB77,1471,74
(c) The department may charge fees, in accordance with rules that it
5promulgates, to offset the costs that it incurs reviewing investigations submitted
6under par. (a) 1, making determinations under par. (a) 2. and negotiating agreements
7under par. (a) 4.
SB77, s. 3654
8Section
3654. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:
SB77,1471,119
292.11
(9) (e) 1. "Local governmental unit" means a municipality, a
10redevelopment authority created under s. 66.431 or a public body designated by a
11municipality under s. 66.435 (4).
SB77, s. 3655
12Section
3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:
SB77,1471,1613
292.11
(9) (e) 1m. (intro.) A
municipality local governmental unit is exempt
14from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the
15municipality local governmental unit before, on or after May 13, 1994, in any of the
16following ways:
SB77, s. 3656
17Section
3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:
SB77,1471,1918
292.11
(9) (e) 1m. b. From a
municipality local governmental unit that acquired
19the property under a method described in subd. 1m. a.
SB77, s. 3657
20Section
3657. 292.11 (9) (e) 1s. of the statutes is created to read:
SB77,1472,321
292.11
(9) (e) 1s. An economic development corporation described in section
501 22(c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal
23taxation under section
501 (a) of the Internal Revenue Code, or an entity wholly
24owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b)
25and (c) with respect to property acquired before, on or after the effective date of this
1subdivision .... [revisor inserts date], if the property is acquired to further the
2economic development purposes that qualify the corporation as exempt from federal
3taxation.
SB77, s. 3658
4Section
3658. 292.11 (9) (e) 2. of the statutes is amended to read:
SB77,1472,65
292.11
(9) (e) 2.
Subdivision 1. does
Subdivisions 1m. and 1s. do not apply to
6a discharge of a hazardous substance caused by any of the following:
SB77,1472,77
a. An action taken by the
municipality local governmental unit or corporation.
SB77,1472,108
b. A failure of the
municipality local governmental unit or corporation to take
9appropriate action to restrict access to the property in order to minimize costs or
10damages that may result from unauthorized persons entering the property.
SB77,1472,1311
c. A failure of the
municipality local governmental unit or corporation to sample
12and analyze unidentified substances in containers stored aboveground on the
13property.
SB77,1472,1714
d. A failure of the
municipality local governmental unit or corporation to
15remove and properly dispose of, or to place in a different container and properly store,
16any hazardous substance stored aboveground on the property in a container that is
17leaking or is likely to leak.
SB77, s. 3659
18Section
3659. 292.11 (9) (e) 3. of the statutes is created to read:
SB77,1472,2119
292.11
(9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a
20discharge of a hazardous substance from an underground storage tank that is
21regulated under
42 USC 6991 to
6991i.
SB77, s. 3660
22Section
3660. 292.11 (9) (e) 4. of the statutes is created to read:
SB77,1473,323
292.11
(9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the
24intended development and use of the property, the department determines that
25action is necessary to reduce to acceptable levels any substantial threat to public
1health or safety when the property is developed or put to that intended use, the
2department directs the local governmental unit to take that necessary action and the
3local governmental unit does not take that action as directed.
SB77, s. 3661
4Section
3661. 292.13 of the statutes is created to read:
SB77,1473,8
5292.13 Property affected by off-site discharge. (1) Exemption from
6liability. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect
7to the existence of a hazardous substance in the soil or groundwater on property
8owned by the person if all of the following apply:
SB77,1473,109
(a) The discharge of the hazardous substance originated from a source on
10property that is owned by another.
SB77,1473,1211
(b) The person did not possess or control the hazardous substance on the
12property on which the discharge originated or cause the original discharge.
SB77,1473,17
13(2) Determinations concerning liability. The department shall, upon request,
14issue a written determination that, based on information available to the
15department, a person owning property on which a hazardous substance exists in the
16soil or groundwater is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if all of the
17following apply:
SB77,1473,1918
(a) The department determines that the person is exempt from liability under
19sub. (1).
SB77,1473,2220
(b) The person agrees to allow the department and any authorized
21representatives of the department to enter the property to take action under s. 292.11
22(7) (a) to respond to the discharge.
SB77,1473,2523
(c) The person agrees to avoid any interference with action under s. 292.11 (7)
24(a) undertaken by, or at the direction of, the department and to avoid actions that
25worsen the discharge.
SB77,1474,3
1(d) The person agrees to any other condition that the department determines
2is reasonable and necessary to ensure that the department can adequately respond
3under s. 292.11 (7) (a) to the discharge.
SB77,1474,5
4(3) Fees. The department may, in accordance with rules that it promulgates,
5assess and collect fees to offset the costs of issuing determinations under sub. (2).
SB77, s. 3662
6Section
3662. 292.15 (title) of the statutes is amended to read:
SB77,1474,8
7292.15 (title)
Remediated property; purchaser Voluntary party
8remediation and exemption from liability.
SB77, s. 3663
9Section
3663. 292.15 (1) (c) (intro.) of the statutes is repealed.
SB77, s. 3664
10Section
3664. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.
SB77, s. 3665
11Section
3665. 292.15 (1) (c) 2. of the statutes is repealed.
SB77, s. 3666
12Section
3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1.
13and amended to read:
SB77,1474,1514
292.15
(1) (f) 1. The person did not
otherwise cause the
release discharge of a
15hazardous substance on the property.
SB77, s. 3667
16Section
3667. 292.15 (1) (f) (intro.) of the statutes is created to read:
SB77,1474,1817
292.15
(1) (f) (intro.) "Voluntary party" means a person to whom all of the
18following apply:
SB77, s. 3668
19Section
3668. 292.15 (1) (f) 2. of the statutes is created to read:
SB77,1474,2120
292.15
(1) (f) 2. The person did not control, prior to its discharge, a hazardous
21substance that was discharged on the property.
SB77, s. 3669
22Section
3669. 292.15 (2) (a) of the statutes is amended to read:
SB77,1475,423
292.15
(2) (a)
A purchaser Except as provided in sub. (6), a voluntary party is
24exempt from the provisions of
s. ss. 289.05 (1), (2) and (4), 289.42 (1), 289.67, 291.25
25(1) to (5), 291.37, 291.85 (2), 291.87 (1m), 292.11 (3), (4) and (7) (b) and (c)
and 292.31
1(8), and rules promulgated under those provisions, with respect to the existence of
2a hazardous substance on the property the release of which occurred prior to the date
3of acquisition of the property, if all of the following occur at any time before or after
4the date of acquisition:
SB77,1475,95
1.
The purchaser conducts a thorough An environmental investigation of the
6property
is conducted that is approved by the department
or the person from whom
7the purchaser acquires the property conducts a thorough environmental
8investigation of the property under a contract with the purchaser and the
9investigation is approved by the department.
SB77,1475,1410
2. Except as provided in sub. (4), the
purchaser cleans up the property
is
11cleaned up by restoring the environment
to the extent practicable and minimizing
12the harmful effects from a
release discharge of
a the hazardous substance in
13accordance with rules promulgated by the department and any contract entered into
14under those rules.
SB77,1475,1815
3. The
purchaser voluntary party obtains a
certification certificate of
16completion from the department that the property has been satisfactorily restored
17to the extent practicable and that the harmful effects from a
release discharge of a
18hazardous substance have been minimized.
SB77,1475,2119
4. The
purchaser voluntary party maintains and monitors the property as
20required under rules promulgated by the department and any contract entered into
21under those rules.
SB77,1475,2322
5. The
purchaser voluntary party does not engage in activities that are
23inconsistent with the maintenance of the property.
SB77,1476,324
6. The
purchaser voluntary party has not obtained the certification under subd.
253. by fraud or misrepresentation, by the knowing failure to disclose material
1information or under circumstances in which the
purchaser voluntary party knew
2or should have known about more
environmental pollution discharges of hazardous
3substances than
was were revealed by the investigation conducted under subd. 1.
SB77, s. 3670
4Section
3670. 292.15 (2) (am) of the statutes is created to read:
SB77,1476,125
292.15
(2) (am) The department may approve a partial cleanup and issue a
6certificate of completion as provided in par. (a) that states that not all of the property
7has been satisfactorily restored or that not all of the harmful effects from a discharge
8of a hazardous substance have been minimized. Approval of a partial cleanup
9exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c)
10with respect to the portion of the property or hazardous substances cleaned up under
11this paragraph. In addition to meeting the requirements of par. (a), a certificate for
12a partial cleanup under this paragraph may be issued only if:
SB77,1476,1713
1. Public health, safety or the environment will not be endangered by any
14hazardous substances remaining on the property after the partial cleanup, given the
15manner in which the property will be developed and used and any other factors that
16the department considers relevant to the endangerment of public health, safety or
17the environment.
SB77,1476,2118
2. The activities associated with any proposed use or development of the
19property will not aggravate or contribute to the discharge of a hazardous substance
20and will not unduly interfere with, or increase the costs of, restoring the property and
21minimizing the harmful effects of the discharge of a hazardous substance.
SB77,1477,222
3. The owner of the property agrees to cooperate with the department to
23address problems caused by hazardous substances remaining on the property. Such
24cooperation shall include allowing access to the property or allowing the department
1or its agents to undertake activities on the property, including placement of borings,
2equipment and structures on the property.
SB77, s. 3671
3Section
3671. 292.15 (2) (ar) of the statutes is created to read:
SB77,1477,64
292.15
(2) (ar) The department may require the owner of the property to grant
5an easement or other interest in the property for any of the purposes specified in par.
6(am) as a condition of issuing a certificate under par. (am).
SB77, s. 3672
7Section
3672. 292.15 (2) (b) (intro.) of the statutes is amended to read:
SB77,1477,118
292.15
(2) (b) (intro.) The
exemption
exemptions provided in
par. pars. (a)
9continues and (am) continue to apply after the date of certification by the department
10under par. (a) 3.
, or approval by the department under par. (am), notwithstanding
11the occurrence of any of the following: