SB45,1183,1411 (b) A licensed hazardous waste treatment, storage or disposal facility operated
12on the property before the date on which the local governmental unit acquired the
13property and that is operated after the date on which the local governmental unit
14acquired the property.
SB45,1183,1715 (c) Any hazardous waste disposal facility that has been issued a license under
16s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those
17sections, for a period of long-term care following closure of the facility.
SB45, s. 2611 18Section 2611. 292.25 of the statutes is created to read:
SB45,1183,20 19292.25 Report on impact of exemptions from liability. (1) The
20department shall biennially determine all of the following:
SB45,1183,2221 (a) The number of sites for which a person is seeking to qualify for an exemption
22under s. 292.15.
SB45,1183,2423 (b) The number of sites for which a certificate of completion was issued under
24s. 292.15.
SB45,1184,3
1(c) The number of sites for which a certificate of completion was issued under
2s. 292.15 at which it is discovered that the cleanup failed or at which additional
3hazardous substances are found after the certificate of completion was issued.
SB45,1184,64 (d) The number of sites described in par. (b) at which the department has
5determined that it is necessary to conduct remedial action using moneys from the
6environmental fund and the estimated costs of performing that remedial action.
SB45,1184,87 (e) The number of sites for which a claim was made against an insurance policy
8required under s. 292.15.
SB45,1184,11 9(2) No later than September 15 of each even-numbered year, the department
10shall submit a report describing its determinations under sub. (1) to the legislature
11under s. 13.172 (2), to the governor and to the department of administration.
SB45,1184,13 12(3) The department may require a person to provide information necessary for
13the department to make the determinations under sub. (1).
SB45, s. 2612 14Section 2612. 292.33 of the statutes is created to read:
SB45,1184,17 15292.33 Local government cost recovery cause of action. (1) Definition.
16 In this section "local governmental unit" has the meaning given in s. 292.11 (9) (e)
171.
SB45,1184,21 18(2) Cause of action. Except as provided in sub. (6), a local governmental unit
19may recover costs as provided in sub. (4) from a responsible person described in sub.
20(3) if the costs are incurred in connection with a property acquired as provided in s.
21292.11 (9) (e) 1m. on which a hazardous substance has been discharged.
SB45,1184,24 22(3) Responsible persons. (a) Except as provided in par. (b), a local
23governmental unit may recover costs in an action under this section from any of the
24following:
SB45,1185,3
11. A person who, at the time that the local governmental unit acquired the
2property, possessed or controlled the hazardous substance that was discharged on
3the property.
SB45,1185,54 2. A person who caused the discharge of the hazardous substance on the
5property.
SB45,1185,96 (b) A local governmental unit may not recover costs in an action under sub. (2)
7from a person described in par. (a) if the person qualifies for an exemption under s.
8292.11 (9) (e), 292.13, 292.15, 292.16, 292.19 or 292.21 with respect to the discharge
9that is the subject of the action.
SB45,1185,12 10(4) Recoverable costs. (a) Except as provided in par. (b), in an action under
11this section a local governmental unit may recover the reasonable and necessary
12costs that it incurs for all of the following:
SB45,1185,1413 1. Investigating environmental contamination on the property and planning
14remedial activities described in subd. 2.
SB45,1185,1615 2. Conducting remedial activities to restore the property for its intended future
16use.
SB45,1185,1917 3. Administering the activities under subds. 1. and 2. and bringing the action
18under this section, including costs, disbursements, engineering fees and,
19notwithstanding s. 814.04 (1), reasonable attorney fees.
SB45,1185,2120 (b) The costs determined under par. (a) shall be reduced by the fair market
21value of the property after completion of the activities under par. (a) 2.
SB45,1185,2422 (c) Recoverable costs under this subsection may not be reduced by the amount
23of any state or federal moneys received by the local governmental unit for any of the
24activities under par. (a).
SB45,1186,7
1(5) Repaying state assistance. If a local governmental unit that recovers costs
2under this section received money from this state, other than under s. 292.11 (7) or
3292.31 (1), (3) or (7), for any of the activities under sub. (4) (a), the local governmental
4unit shall reimburse to the state an amount that bears the same proportion to the
5total amount recovered under this section as the amount received from the state,
6other than under s. 292.11 (7) or 292.31 (1), (3) or (7), bears to the total costs under
7sub. (4) (a) adjusted as provided in sub. (4) (b).
SB45,1186,13 8(6) Exception. A local governmental unit may not recover costs under this
9section for remedial activities conducted on a property or portion of a property with
10respect to a discharge after the department of natural resources, the department of
11commerce or the department of agriculture, trade and consumer protection has
12indicated that no further remedial activities are necessary on the property or portion
13of the property with respect to the discharge.
SB45,1186,16 14(7) Limitation of action. An action under this section shall be commenced
15within 6 years after the date that the local governmental unit completes the
16activities under sub. (4) (a) 2. or be barred.
SB45, s. 2613 17Section 2613. 292.57 of the statutes is created to read:
SB45,1186,21 18292.57 Database of properties on which groundwater standards are
19exceeded.
(1) In this section, "groundwater standard" means an enforcement
20standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s.
21160.01 (6).
SB45,1186,24 22(2) (a) The department may promulgate a rule specifying a fee for placing
23information concerning a property on which a groundwater standard is exceeded into
24a database.
SB45,1187,2
1(b) Any moneys collected under this subsection shall be credited to the
2appropriation account under s. 20.370 (2) (mi).
SB45, s. 2614 3Section 2614. 292.65 (1) (d) 9. of the statutes is created to read:
SB45,1187,44 292.65 (1) (d) 9. A formal wear rental firm.
SB45, s. 2615 5Section 2615. 292.65 (1) (h) 3. of the statutes is created to read:
SB45,1187,76 292.65 (1) (h) 3. A person who operated a dry cleaning facility that ceased
7operating before October 14, 1997.
SB45, s. 2616 8Section 2616. 292.65 (1) (i) 1. of the statutes is renumbered 292.65 (1) (i) 1.
9(intro.) and amended to read:
SB45,1187,1410 292.65 (1) (i) 1. (intro.) A person who owns, or has possession or control of, a
11dry cleaning facility,
or who receives or received direct or indirect consideration from
12the operation of a dry cleaning facility regardless of whether the dry cleaning facility
13remains in operation and regardless of whether the person owns or receives
14consideration at the time that environmental pollution occurs.
, any of the following:
SB45, s. 2617 15Section 2617. 292.65 (1) (i) 1. a. of the statutes is created to read:
SB45,1187,1616 292.65 (1) (i) 1. a. A dry cleaning facility that is licensed under s. 77.9961 (2).
SB45, s. 2618 17Section 2618. 292.65 (1) (i) 1. b. of the statutes is created to read:
SB45,1187,2018 292.65 (1) (i) 1. b. A dry cleaning facility that has ceased operation but that,
19if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2)
20before it ceased operation.
SB45, s. 2619 21Section 2619. 292.65 (1) (i) 3. of the statutes is created to read:
SB45,1187,2322 292.65 (1) (i) 3. A person who owns the property on which one of the following
23is located:
SB45,1187,2424 a. A dry cleaning facility that is licensed under s. 77.9961 (2).
SB45,1188,2
1b. A dry cleaning facility that has ceased operation but that was licensed under
2s. 77.9961 (2) before it ceased operation.
SB45, s. 2620 3Section 2620. 292.65 (1) (L) of the statutes is amended to read:
SB45,1188,74 292.65 (1) (L) "Service provider" means a consultant, testing laboratory,
5monitoring well installer, soil boring contractor, other contractor , lender or any other
6person who provides a product or service for which an application for reimbursement
7has been or will be filed under this section, or a subcontractor of such a person.
SB45, s. 2621 8Section 2621. 292.65 (3) (am) 2. of the statutes is amended to read:
SB45,1188,119 292.65 (3) (am) 2. The department shall pay an award for immediate action
10activities. For the purposes of this subdivision, removal of contaminated soils and
11recovery of free dry cleaning solvent are not considered immediate action activities.
SB45, s. 2622 12Section 2622. 292.65 (3) (am) 3. of the statutes is repealed and recreated to
13read:
SB45,1188,1614 292.65 (3) (am) 3. After paying awards for immediate action activities, the
15department shall do the following with the remaining funds available for awards
16under this section:
SB45,1188,1917 a. In the program year that begins on July 1, 1999, provide 75% to pay awards
18for eligible costs incurred before October 14, 1997, and provide 25% to pay awards
19for eligible costs incurred on or after October 14, 1997.
SB45,1188,2220 b. In the program year that begins on July 1, 2000, provide 50% to pay awards
21for eligible costs incurred before October 14, 1997, and provide 50% to pay awards
22for eligible costs incurred on or after October 14, 1997.
SB45,1188,2523 c. In the program year that begins on July 1, 2001, and every program year
24thereafter, provide at least 70% as awards to pay eligible costs incurred on or after
25October 14, 1997.
SB45, s. 2623
1Section 2623. 292.65 (4) (f) of the statutes is amended to read:
SB45,1189,62 292.65 (4) (f) Remedial action plan options report. After completing the
3investigation under par. (e) and before conducting remedial action activities, an
4owner or operator shall prepare a remedial action plan options report, based on the
5investigation under par. (e), that identifies specific remedial action activities
6proposed to be conducted, except as provided in pars. (g) and (h).
SB45, s. 2624 7Section 2624. 292.65 (4) (g) of the statutes is amended to read:
SB45,1189,118 292.65 (4) (g) Immediate action. An owner or operator is not required to
9complete an investigation or prepare a remedial action plan options report before
10conducting an immediate action activity if the department determines that an
11immediate action is necessary.
SB45, s. 2625 12Section 2625. 292.65 (4) (h) of the statutes is amended to read:
SB45,1189,1613 292.65 (4) (h) Interim remedial equipment. An owner or operator may install
14interim remedial equipment for which the owner or operator would be eligible for
15reimbursement under s. 292.66 before completing a site investigation or remedial
16action plan options report.
SB45, s. 2626 17Section 2626. 292.65 (4) (i) of the statutes is amended to read:
SB45,1190,218 292.65 (4) (i) Review of site investigation and remedial action plan options
19report
. The department shall, at the request of an owner or operator, review the site
20investigation results and the remedial action plan options report and advise the
21owner or operator on the adequacy of the proposed remedial action activities in
22meeting the requirements of this section. The department shall complete the review
23of the site investigation and remedial action plan options report within 45 days. The
24department shall also provide an estimate of when funding will be available to pay

1an award for remedial action conducted in response to the dry cleaning solvent
2discharge.
SB45, s. 2627 3Section 2627. 292.65 (4) (m) of the statutes is created to read:
SB45,1190,74 292.65 (4) (m) Notification of insurance claims and receipt of proceeds. An
5owner or operator shall notify the department of any insurance claim made to cover
6eligible costs, the status of the claim, and, if the owner or operator has received any
7insurance proceeds arising from the claim, the amount of the proceeds.
SB45, s. 2628 8Section 2628. 292.65 (4) (n) of the statutes is created to read:
SB45,1190,129 292.65 (4) (n) Notification of intent to file suit. An owner or operator shall
10notify the department of the owner's or operator's intent to file suit against an
11insurance company for the purpose of recovering the proceeds of an insurance policy
12intended to cover any eligible costs.
SB45, s. 2629 13Section 2629. 292.65 (6) of the statutes is repealed.
SB45, s. 2630 14Section 2630. 292.65 (7) (a) 3. of the statutes is amended to read:
SB45,1190,1515 292.65 (7) (a) 3. Preparation of remedial action plans options reports.
SB45, s. 2631 16Section 2631. 292.65 (7) (a) 16. of the statutes is repealed.
SB45, s. 2632 17Section 2632. 292.65 (7) (b) of the statutes is repealed.
SB45, s. 2633 18Section 2633. 292.65 (7) (c) 4. of the statutes is amended to read:
SB45,1190,2119 292.65 (7) (c) 4. Costs that the department determines to be unreasonable or
20unnecessary to carry out the remedial action activities as specified in the remedial
21action plan options report.
SB45, s. 2634 22Section 2634. 292.65 (7) (c) 6. of the statutes is created to read:
SB45,1190,2323 292.65 (7) (c) 6. Costs of financing eligible activities.
SB45, s. 2635 24Section 2635. 292.65 (8) (a) (intro.) and 2. of the statutes are amended to read:
SB45,1191,12
1292.65 (8) (a) Application. (intro.) An owner or operator shall submit an
2application on a form provided by the department. An owner or operator may not
3submit an application before September 1, 1998. An owner or operator may not
4submit an application after August 30, 2003, if the application relates to a dry
5cleaning facility that ceased to operate before September 1, 1998. An owner or
6operator may not submit an application after August 20, 2008, if the application
7relates to any other dry cleaning facility. The department shall authorize owners and
8operators to apply for awards at stages in the process under sub. (4) that the
9department specifies by rule. An application shall include all of the following
10documentation of activities, plans reports and expenditures associated with the
11eligible costs incurred because of a dry cleaning solvent discharge from a dry cleaning
12facility:
SB45,1191,1313 2. A remedial action plan options report.
SB45, s. 2636 14Section 2636. 292.65 (8) (a) 4m. of the statutes is created to read:
SB45,1191,1615 292.65 (8) (a) 4m. If the owner or operator receives any proceeds arising from
16an insurance claim for any eligible costs, a record of the payment.
SB45, s. 2637 17Section 2637. 292.65 (8) (e) 3a. of the statutes is repealed and recreated to
18read:
SB45,1191,1919 292.65 (8) (e) 3a. If eligible costs are $200,000 or less, $10,000.
SB45, s. 2638 20Section 2638. 292.65 (8) (e) 3am. of the statutes is created to read:
SB45,1191,2221 292.65 (8) (e) 3am. If eligible costs exceed $200,000 but do not exceed $400,000,
22$10,000 plus 8% of the amount by which eligible costs exceed $200,000.
SB45, s. 2639 23Section 2639. 292.65 (8) (e) 3ar. of the statutes is created to read:
SB45,1191,2524 292.65 (8) (e) 3ar. If eligible costs exceed $400,000, $26,000 plus 10% of the
25amount by which eligible costs exceed $400,000.
SB45, s. 2640
1Section 2640. 292.65 (8) (e) 3b. of the statutes is amended to read:
SB45,1192,52 292.65 (8) (e) 3b. For each year in which the owner or operator has not paid the
3annual license fee under s. 77.9961 (1) for the dry cleaning facility, an
An amount
4equal to 30 times the average annual license fee paid under s. 77.9961 (1) for that the
5year in which an award is made.
SB45, s. 2641 6Section 2641. 292.65 (8) (e) 3c. of the statutes is amended to read:
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