SB77: Bill Text

SB77, s. 3653 Section 3653. 292.11 (8m) of the statutes is created to read:

SB77,1470,11 292.11 (8m) Delay for certain persons. (a) A person who discovers a discharge of a hazardous substance on property owned by the person as a result of conducting an environmental investigation of the property may delay taking the actions required under sub. (3) if all of the following apply:

SB77,1470,13 1. The person provides the department with a legal description of the property and a summary of the environmental investigation.

SB77,1470,15 2. The department determines that the discharge does not pose an immediate and direct threat to human health or the environment.

SB77,1470,18 3. The person does not take any action that increases the rate of migration of the hazardous substance or that otherwise worsens the effect of the discharge on human health or the environment.

SB77,1470,24 4. The person negotiates with the department concerning an agreement containing a schedule for conducting the actions required under sub. (3) and enters into the agreement within 3 years of conducting the environmental investigation, except that a person who is a voluntary party, as defined in s. 292.15 (1) (f), is not required to enter into the agreement until 6 years after conducting the environmental investigation.

SB77,1471,3 (b) The department may not issue an order under sub. (7) (c), and sub. (7) (b) does not apply, to a person to whom par. (a) applies unless the person violates the agreement under par. (a) 4.

SB77,1471,7 (c) The department may charge fees, in accordance with rules that it promulgates, to offset the costs that it incurs reviewing investigations submitted under par. (a) 1, making determinations under par. (a) 2. and negotiating agreements under par. (a) 4.

SB77, s. 3654 Section 3654. 292.11 (9) (e) 1. of the statutes is repealed and recreated to read:

SB77,1471,11 292.11 (9) (e) 1. "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.431 or a public body designated by a municipality under s. 66.435 (4).

SB77, s. 3655 Section 3655. 292.11 (9) (e) 1m. (intro.) of the statutes is amended to read:

SB77,1471,16 292.11 (9) (e) 1m. (intro.) A municipality local governmental unit is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired by the municipality local governmental unit before, on or after May 13, 1994, in any of the following ways:

SB77, s. 3656 Section 3656. 292.11 (9) (e) 1m. b. of the statutes is amended to read:

SB77,1471,19 292.11 (9) (e) 1m. b. From a municipality local governmental unit that acquired the property under a method described in subd. 1m. a.

SB77, s. 3657 Section 3657. 292.11 (9) (e) 1s. of the statutes is created to read:

SB77,1472,3 292.11 (9) (e) 1s. An economic development corporation described in section 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, is exempt from subs. (3), (4) and (7) (b) and (c) with respect to property acquired before, on or after the effective date of this subdivision .... [revisor inserts date], if the property is acquired to further the economic development purposes that qualify the corporation as exempt from federal taxation.

SB77, s. 3658 Section 3658. 292.11 (9) (e) 2. of the statutes is amended to read:

SB77,1472,6 292.11 (9) (e) 2. Subdivision 1. does Subdivisions 1m. and 1s. do not apply to a discharge of a hazardous substance caused by any of the following:

SB77,1472,7 a. An action taken by the municipality local governmental unit or corporation.

SB77,1472,10 b. A failure of the municipality local governmental unit or corporation to take appropriate action to restrict access to the property in order to minimize costs or damages that may result from unauthorized persons entering the property.

SB77,1472,13 c. A failure of the municipality local governmental unit or corporation to sample and analyze unidentified substances in containers stored aboveground on the property.

SB77,1472,17 d. A failure of the municipality local governmental unit or corporation to remove and properly dispose of, or to place in a different container and properly store, any hazardous substance stored aboveground on the property in a container that is leaking or is likely to leak.

SB77, s. 3659 Section 3659. 292.11 (9) (e) 3. of the statutes is created to read:

SB77,1472,21 292.11 (9) (e) 3. Subdivisions 1m. and 1s. do not apply if the discharge is a discharge of a hazardous substance from an underground storage tank that is regulated under 42 USC 6991 to 6991i.

SB77, s. 3660 Section 3660. 292.11 (9) (e) 4. of the statutes is created to read:

SB77,1473,3 292.11 (9) (e) 4. Subdivisions 1m. and 1s. do not apply if, after considering the intended development and use of the property, the department determines that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department directs the local governmental unit to take that necessary action and the local governmental unit does not take that action as directed.

SB77, s. 3661 Section 3661. 292.13 of the statutes is created to read:

SB77,1473,8 292.13 Property affected by off-site discharge. (1) Exemption from liability. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the soil or groundwater on property owned by the person if all of the following apply:

SB77,1473,10 (a) The discharge of the hazardous substance originated from a source on property that is owned by another.

SB77,1473,12 (b) The person did not possess or control the hazardous substance on the property on which the discharge originated or cause the original discharge.

SB77,1473,17 (2) Determinations concerning liability. The department shall, upon request, issue a written determination that, based on information available to the department, a person owning property on which a hazardous substance exists in the soil or groundwater is exempt from s. 292.11 (3), (4) and (7) (b) and (c) if all of the following apply:

SB77,1473,19 (a) The department determines that the person is exempt from liability under sub. (1).

SB77,1473,22 (b) The person agrees to allow the department and any authorized representatives of the department to enter the property to take action under s. 292.11 (7) (a) to respond to the discharge.

SB77,1473,25 (c) The person agrees to avoid any interference with action under s. 292.11 (7) (a) undertaken by, or at the direction of, the department and to avoid actions that worsen the discharge.

SB77,1474,3 (d) The person agrees to any other condition that the department determines is reasonable and necessary to ensure that the department can adequately respond under s. 292.11 (7) (a) to the discharge.

SB77,1474,5 (3) Fees. The department may, in accordance with rules that it promulgates, assess and collect fees to offset the costs of issuing determinations under sub. (2).

SB77, s. 3662 Section 3662. 292.15 (title) of the statutes is amended to read:

SB77,1474,8 292.15 (title) Remediated property; purchaser Voluntary party remediation and exemption from liability.

SB77, s. 3663 Section 3663. 292.15 (1) (c) (intro.) of the statutes is repealed.

SB77, s. 3664 Section 3664. 292.15 (1) (c) 1. of the statutes is renumbered 292.15 (1) (f) 3.

SB77, s. 3665 Section 3665. 292.15 (1) (c) 2. of the statutes is repealed.

SB77, s. 3666 Section 3666. 292.15 (1) (c) 3. of the statutes is renumbered 292.15 (1) (f) 1. and amended to read:

SB77,1474,15 292.15 (1) (f) 1. The person did not otherwise cause the release discharge of a hazardous substance on the property.

SB77, s. 3667 Section 3667. 292.15 (1) (f) (intro.) of the statutes is created to read:

SB77,1474,18 292.15 (1) (f) (intro.) "Voluntary party" means a person to whom all of the following apply:

SB77, s. 3668 Section 3668. 292.15 (1) (f) 2. of the statutes is created to read:

SB77,1474,21 292.15 (1) (f) 2. The person did not control, prior to its discharge, a hazardous substance that was discharged on the property.

SB77, s. 3669 Section 3669. 292.15 (2) (a) of the statutes is amended to read:

SB77,1475,4 292.15 (2) (a) A purchaser Except as provided in sub. (6), a voluntary party is exempt from the provisions of s. ss. 289.05 (1), (2) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.37, 291.85 (2), 291.87 (1m), 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to the existence of a hazardous substance on the property the release of which occurred prior to the date of acquisition of the property, if all of the following occur at any time before or after the date of acquisition:

SB77,1475,9 1. The purchaser conducts a thorough An environmental investigation of the property is conducted that is approved by the department or the person from whom the purchaser acquires the property conducts a thorough environmental investigation of the property under a contract with the purchaser and the investigation is approved by the department.

SB77,1475,14 2. Except as provided in sub. (4), the purchaser cleans up the property is cleaned up by restoring the environment to the extent practicable and minimizing the harmful effects from a release discharge of a the hazardous substance in accordance with rules promulgated by the department and any contract entered into under those rules.

SB77,1475,18 3. The purchaser voluntary party obtains a certification certificate of completion from the department that the property has been satisfactorily restored to the extent practicable and that the harmful effects from a release discharge of a hazardous substance have been minimized.

SB77,1475,21 4. The purchaser voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.

SB77,1475,23 5. The purchaser voluntary party does not engage in activities that are inconsistent with the maintenance of the property.

SB77,1476,3 6. The purchaser voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the purchaser voluntary party knew or should have known about more environmental pollution discharges of hazardous substances than was were revealed by the investigation conducted under subd. 1.

SB77, s. 3670 Section 3670. 292.15 (2) (am) of the statutes is created to read:

SB77,1476,12 292.15 (2) (am) The department may approve a partial cleanup and issue a certificate of completion as provided in par. (a) that states that not all of the property has been satisfactorily restored or that not all of the harmful effects from a discharge of a hazardous substance have been minimized. Approval of a partial cleanup exempts a voluntary party from ss. 291.37 (2) and 292.11 (3), (4) and (7) (b) and (c) with respect to the portion of the property or hazardous substances cleaned up under this paragraph. In addition to meeting the requirements of par. (a), a certificate for a partial cleanup under this paragraph may be issued only if:

SB77,1476,17 1. Public health, safety or the environment will not be endangered by any hazardous substances remaining on the property after the partial cleanup, given the manner in which the property will be developed and used and any other factors that the department considers relevant to the endangerment of public health, safety or the environment.

SB77,1476,21 2. The activities associated with any proposed use or development of the property will not aggravate or contribute to the discharge of a hazardous substance and will not unduly interfere with, or increase the costs of, restoring the property and minimizing the harmful effects of the discharge of a hazardous substance.

SB77,1477,2 3. The owner of the property agrees to cooperate with the department to address problems caused by hazardous substances remaining on the property. Such cooperation shall include allowing access to the property or allowing the department or its agents to undertake activities on the property, including placement of borings, equipment and structures on the property.

SB77, s. 3671 Section 3671. 292.15 (2) (ar) of the statutes is created to read:

SB77,1477,6 292.15 (2) (ar) The department may require the owner of the property to grant an easement or other interest in the property for any of the purposes specified in par. (am) as a condition of issuing a certificate under par. (am).

SB77, s. 3672 Section 3672. 292.15 (2) (b) (intro.) of the statutes is amended to read:

SB77,1477,11 292.15 (2) (b) (intro.) The exemption exemptions provided in par. pars. (a) continues and (am) continue to apply after the date of certification by the department under par. (a) 3., or approval by the department under par. (am), notwithstanding the occurrence of any of the following:

SB77, s. 3673 Section 3673. 292.15 (2) (b) 1. to 3. of the statutes are amended to read:

SB77,1477,15 292.15 (2) (b) 1. Statutes, rules or regulations are created or amended that would impose greater responsibilities on the purchaser voluntary party than those imposed under par. (a) 2.

SB77,1477,19 2. The purchaser voluntary party fully complies with the rules promulgated by the department and any contract entered into under those rules under par. (a) 2. but it is discovered that the cleanup fails to fully restore the environment and minimize the effects from a release discharge of a hazardous substance.

SB77,1477,22 3. The contamination from a hazardous substance that is the subject of the cleanup under par. (a) 2. is discovered to be more extensive than anticipated by the purchaser voluntary party and the department.

SB77, s. 3674 Section 3674. 292.15 (2) (c) of the statutes is amended to read:

SB77,1478,2 292.15 (2) (c) The department of justice may not commence an action under 42 USC 9607 against any purchaser voluntary party meeting the criteria of this subsection to recover costs for which the purchaser voluntary party is exempt under pars. (a), (am) and (b).

SB77, s. 3675 Section 3675. 292.15 (2) (d) of the statutes is created to read:

SB77,1478,5 292.15 (2) (d) This subsection does not apply to a municipal waste landfill, as defined in s. 289.01 (22), or to an approved facility.

SB77, s. 3676 Section 3676. 292.15 (3) of the statutes is amended to read:

SB77,1478,12 292.15 (3) Successors and assigns. The exemption provided in sub. (2) applies to any successor or assignee of the purchaser voluntary party who qualifies as a voluntary party and who complies with the provisions of sub. (2) (a) 4. and 5. unless the successor or assignee knows that a certification certificate under sub. (2) (a) 3. or (am) was obtained by any of the means or under any of the circumstances specified in sub. (2) (a) 6.

SB77, s. 3677 Section 3677. 292.15 (4) of the statutes is amended to read:

SB77,1478,19 292.15 (4) Limited responsibility. The responsibility of a purchaser voluntary party under sub. (2) (a) 2. may be monetarily limited by agreement between the purchaser voluntary party and the department if the purchaser voluntary party purchased the property from a municipality that acquired the property in a way described in s. 292.11 (9) (e) 1m. a. or b. The agreement shall stipulate all of the following:

SB77,1478,21 (a) That the purchaser voluntary party may cease the cleanup when the cost of the cleanup equals 125% of the anticipated expense of the cleanup.

SB77,1478,24 (b) That the purchaser voluntary party will continue to receive the benefit of the exemption under sub. (2) (a) after cessation of the cleanup if the purchaser voluntary party complies with sub. (2) (a) 4. and 5.

SB77,1479,4 (c) That, if the purchaser voluntary party ceases the cleanup, the purchaser voluntary party shall use reasonable efforts to sell the property in accordance with rules of the department that define "reasonable efforts" in a manner substantively equivalent to 40 CFR 300.1100 (d) (2) (i).

SB77, s. 3678 Section 3678. 292.15 (5) of the statutes is amended to read:

SB77,1479,10 292.15 (5) Fees. The department may, in accordance with rules that it promulgates, assess and collect fees from a purchaser voluntary party to offset the cost of the department's activities under subs. (2) and (4). The fees may include an advance deposit, from which the department shall return the amount in excess of the cost of the department's activities under subs. (2) and (4).

SB77, s. 3679 Section 3679. 292.15 (6) of the statutes is created to read:

SB77,1479,14 292.15 (6) Liens. This section does not exempt property from any lien filed under s. 292.81 (3) for costs incurred by the department prior to the date that certification is issued under sub. (2) (a) 3.

SB77, s. 3680 Section 3680. 292.19 of the statutes is created to read:

SB77,1479,20 292.19 Responsibility of persons conducting investigations. (1) For purposes of this chapter, a person who conducts an investigation of property to determine the existence of, or to obtain information about, a discharge of a hazardous substance does not possess or control the hazardous substance or cause the discharge of the hazardous substance as the result of conducting the investigation.

SB77,1479,22 (2) Subsection (1) does not apply if the person who conducts the investigation physically causes a discharge or exacerbates an existing discharge.

SB77, s. 3681 Section 3681. 292.21 (1) (c) 1. d. of the statutes is amended to read:

SB77,1480,18 292.21 (1) (c) 1. d. The lender conducts an environmental assessment of the real property in accordance with subd. 2. at any time, but not more than 90 days after the date the lender acquires title to, or possession or control of, the real property and files. The lender shall file a complete copy of the environmental assessment with the department not more than 180 days after the date the lender acquires title to, or possession or control of, the real property. If an environmental assessment is conducted more than one year before the date on which the lender acquires title to, or possession or control of, the real property, the exemption under this subd. 1. d. applies only if the lender does all of the following: visually inspects the property in accordance with subd. 2. a. and b. after the date on which the lender acquires title to, or possession or control of, the real property to verify the environmental assessment; submits a complete copy of the environmental assessment and the results of the visual inspection to the department not later than 90 days after the lender acquires title to, or possession or control of, the real property; receives notice from the department that the department determines that the environmental assessment is adequate or that the department directs the lender to address any inadequacies in the environmental assessment; corrects, to the satisfaction of the department, any inadequacies of an environmental assessment; and reimburses the department for the cost to the department of reviewing materials submitted under this subd. 1. d.

SB77, s. 3682 Section 3682. 292.21 (1) (c) 1. g. of the statutes is created to read: