SB45, s. 1966 19Section 1966. 100.48 (1) (c) of the statutes is created to read:
SB45,958,2020 100.48 (1) (c) "Snowmobile" has the meaning given in s. 350.01 (12).
SB45, s. 1967 21Section 1967. 100.48 (2) of the statutes is amended to read:
SB45,959,222 100.48 (2) No person may, either personally or through an agent, remove,
23replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter
24attached to farm equipment, a snowmobile, an all-terrain vehicle or a boat with the

1intent to defraud by changing or affecting the number of hours of operation indicated
2on the hour meter.
SB45, s. 1968 3Section 1968. 100.48 (3) (a) of the statutes is amended to read:
SB45,959,184 100.48 (3) (a) Nothing in this section shall prevent the service, repair or
5replacement of an hour meter if the number of hours of operation indicated on the
6hour meter remains the same as before the service, repair or replacement. If an hour
7meter attached to farm equipment, a snowmobile, an all-terrain vehicle or a boat is
8incapable of registering the same number of hours of operation as before its service,
9repair or replacement, the hour meter shall be adjusted to read zero, and a sticker
10shall be affixed by the owner of the piece of farm equipment vehicle or device to which
11the hour meter is attached
or an agent, in proximity to the hour meter, specifying the
12number of hours of operation recorded on the hour meter prior to its service, repair
13or replacement and the date on which it was serviced, repaired or replaced. No
14person who services, repairs or replaces an hour meter attached to farm equipment,
15a snowmobile, an all-terrain vehicle or a boat
that is incapable of registering the
16same number of hours of operation as before such service, repair or replacement may
17fail to adjust the hour meter to read zero or fail to affix the sticker required by this
18paragraph.
SB45, s. 1969 19Section 1969. 100.48 (4) (a) of the statutes is amended to read:
SB45,959,2220 100.48 (4) (a) Any person who violates sub. (2) or (3) (b) with respect to an hour
21meter attached to farm equipment
may be fined not more than $5,000 or imprisoned
22for not more than one year in the county jail, or both, for each violation.
SB45, s. 1970 23Section 1970. 100.48 (4) (b) of the statutes is amended to read:
SB45,960,3
1100.48 (4) (b) Any person who violates sub. (3) (a) with respect to an hour meter
2attached to farm equipment
may be required to forfeit not more than $500 for each
3violation.
SB45, s. 1971 4Section 1971. 100.48 (4) (c) of the statutes is created to read:
SB45,960,85 100.48 (4) (c) Any person who violates sub. (2) or (3) with respect to an hour
6meter attached to a snowmobile, an all-terrain vehicle or boat may be fined not more
7than $5,000 or imprisoned for not more than one year in the county jail, or both, for
8each violation.
SB45, s. 1972 9Section 1972. 101.01 (4) of the statutes is amended to read:
SB45,960,1410 101.01 (4) "Employer" means any person, firm, corporation, state, county,
11town, city, village, school district, sewer district, drainage district , family care
12district
and other public or quasi-public corporations as well as any agent, manager,
13representative or other person having control or custody of any employment, place
14of employment or of any employe.
SB45, s. 1973 15Section 1973. 101.09 (title) of the statutes is amended to read:
SB45,960,17 16101.09 (title) Storage of flammable and, combustible and hazardous
17liquids.
SB45, s. 1974 18Section 1974. 101.09 (1) (am) of the statutes is created to read:
SB45,960,2019 101.09 (1) (am) "Federally regulated hazardous substance" means a hazardous
20substance, as defined in 42 USC 9601 (14).
SB45, s. 1975 21Section 1975. 101.09 (2) (a) of the statutes is amended to read:
SB45,960,2522 101.09 (2) (a) Except as provided under pars. (b) to (d), every person who
23constructs, owns or controls a tank for the storage, handling or use of flammable or
24combustible
liquid that is flammable or combustible or a federally regulated
25hazardous substance
shall comply with the standards adopted under sub. (3).
SB45, s. 1976
1Section 1976. 101.09 (3) (a) of the statutes is amended to read:
SB45,961,152 101.09 (3) (a) The department shall promulgate by rule construction,
3maintenance and abandonment standards applicable to tanks for the storage,
4handling or use of flammable and combustible liquids that are flammable or
5combustible or are federally regulated hazardous substances
, and to the property
6and facilities where the tanks are located, for the purpose of protecting the waters
7of the state from harm due to contamination by flammable and combustible liquids
8that are flammable or combustible or are federally regulated hazardous substances.
9The rule shall comply with ch. 160. The rule may include different standards for new
10and existing tanks, but all standards shall provide substantially similar protection
11for the waters of the state. The rule shall include maintenance requirements related
12to the detection and prevention of leaks. The rule may require any person supplying
13heating oil to any noncommercial storage tank for consumptive use on the premises
14to submit to the department, within 30 days after the department requests, the
15location, contents and size of any such tank.
SB45, s. 1977 16Section 1977. 101.09 (3) (b) of the statutes is repealed.
SB45, s. 1978 17Section 1978. 101.123 (1) (b) of the statutes is amended to read:
SB45,961,2118 101.123 (1) (b) "Inpatient health care facility" means a county home
19established under s. 49.70, a county infirmary established under s. 49.72, or a
20community-based residential facility or a nursing home licensed under s. 50.03 or
21a tuberculosis sanatorium established under s. 58.06, 252.073 or 252.076
.
SB45, s. 1979 22Section 1979. 101.14 (5) of the statutes is amended to read:
SB45,962,523 101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the
24department by rule for plan review and approval for the construction of a new or
25additional installation or change in operation of a previously approved installation

1for the storage, handling or use of flammable or combustible liquids a liquid that is
2flammable or combustible or a federally regulated hazardous substance, as defined
3in s. 101.09 (1) (am)
, the department shall collect a groundwater fee of $100 for each
4plan review submittal. The moneys collected under this subsection shall be credited
5to the environmental fund for environmental management.
SB45,962,106 (b) Notwithstanding par. (a), an installation for the storage, handling or use of
7flammable or combustible liquids a liquid that is flammable or combustible or a
8federally regulated hazardous substance, as defined in s. 101.09 (1) (am),
that has
9a capacity of less than 1,000 gallons is not subject to the groundwater fee under par.
10(a).
SB45, s. 1980 11Section 1980. 101.143 (2) (h) of the statutes is created to read:
SB45,962,1312 101.143 (2) (h) The department may promulgate a rule specifying information
13and audit requirements to implement sub. (4) (c) 8.
SB45, s. 1981 14Section 1981. 101.143 (2) (i) of the statutes is created to read:
SB45,962,1915 101.143 (2) (i) 1. The department may promulgate rules that specify a fee that
16must be paid by a service provider as a condition of submitting a bid to conduct an
17activity under sub. (3) (c) for which a claim for reimbursement under this section will
18be submitted. Any fees collected under the rules shall be deposited in the petroleum
19inspection fund.
SB45,962,2320 2. If the department promulgates rules under subd. 1., the department may
21purchase, or provide funding for the purchase of, insurance to cover the amount by
22which the costs of conducting activities under sub. (3) (c) exceed the amount bid to
23conduct those activities.
SB45, s. 1982 24Section 1982. 101.143 (2e) of the statutes is created to read:
SB45,963,11
1101.143 (2e) Award priorities. (a) The department may promulgate rules for
2assigning an award priority to each occurrence that the department determines may
3result in an award under sub. (4), except for occurrences resulting from discharges
4from home oil tank systems, petroleum product storage systems that are described
5in sub. (4) (ei) 1. and petroleum product storage systems that are owned by school
6districts and that are used for storing heating oil for consumptive use on the premises
7where stored. If the department promulgates rules under this paragraph, it shall
8base the award priorities on environmental factors and any other factors that the
9department considers appropriate. The rules may only apply to occurrences for
10which remedial action plans are approved under sub. (3) (cs) after the effective date
11of the rules.
SB45,963,1412 (b) If the department promulgates rules under par. (a), the department shall
13pay awards under sub. (4) for occurrences to which the rules apply in order of the
14award priorities under those rules.
SB45,964,215 (c) If the department promulgates rules under par. (a), the department shall
16notify an owner or operator of a petroleum product storage system to which the rules
17apply of the date on which the department determines that it is appropriate to begin
18activities under sub. (3) (c) 3. or (g) with respect to a discharge from that system,
19based on the department's estimate of when funds will be available to pay an award
20to the owner or operator under the award priorities. Notwithstanding s. 292.11 (3)
21and (7) (c), an owner or operator to whom rules under par. (a) apply is not required
22to begin activities under sub. (3) (c) 3. or (g) until the date on which the department
23determines it is appropriate to begin those activities. If an owner or operator begins
24activities under sub. (3) (c) 3. or (g) before the date when the department determines
25it is appropriate to begin those activities, the department may deny the payment of

1interest costs to the owner or operator, as provided in the rules promulgated by the
2department.
SB45, s. 1983 3Section 1983. 101.143 (3) (c) 2. of the statutes is amended to read:
SB45,964,64 101.143 (3) (c) 2. Prepare a remedial action plan that identifies specific
5remedial action activities proposed to be conducted under subd. 3. and submit the
6remedial action plan to the department for approval.
SB45, s. 1984 7Section 1984. 101.143 (3) (cs) of the statutes is created to read:
SB45,964,98 101.143 (3) (cs) Review of remedial action plans. The department shall review
9and approve or disapprove remedial action plans submitted under par. (c) 2.
SB45, s. 1985 10Section 1985. 101.143 (3) (d) of the statutes is amended to read:
SB45,964,2011 101.143 (3) (d) Review of site investigations, remedial action plans and
12remedial action activities.
The department of natural resources or, if the discharge
13is covered under s. 101.144 (2) (b), the department of commerce shall, at the request
14of the claimant, review the site investigation and the remedial action plan and advise
15the claimant on the adequacy of proposed remedial action activities in meeting the
16requirements of s. 292.11. The advice is not an approval of the remedial action
17activities.
The department of natural resources or, if the discharge is covered under
18s. 101.144 (2) (b), the department of commerce shall complete a final review of the
19remedial action activities within 60 days after the claimant notifies the appropriate
20department that the remedial action activities are completed.
SB45, s. 1986 21Section 1986. 101.143 (4) (c) 8. of the statutes is amended to read:
SB45,964,2522 101.143 (4) (c) 8. Interest Any interest costs incurred by an applicant with gross
23revenues that exceed $20,000,000 in the most recent tax year before the applicant
24submits a claim. For any other applicant, interest costs
that exceed interest at 1%
25over the prime rate, as determined under rules promulgated by the department
5%.
SB45, s. 1987
1Section 1987. 101.143 (4) (d) 2. (intro.) of the statutes is amended to read:
SB45,965,92 101.143 (4) (d) 2. (intro.) The department shall issue the award under this
3paragraph without regard to fault in an amount equal to the amount of the eligible
4costs that exceeds a the deductible amount of $2,500 plus 5% of the eligible costs, but
5not more than $7,500 per occurrence, except that the deductible amount for a
6petroleum product storage system that is owned by a school district or a technical
7college district and that is used for storing heating oil for consumptive use on the
8premises is 25% of eligible costs
under par. (dg). An award issued under this
9paragraph may not exceed the following for each occurrence:
SB45, s. 1988 10Section 1988. 101.143 (4) (d) 2. a. of the statutes is amended to read:
SB45,965,1711 101.143 (4) (d) 2. a. For an owner or operator of an underground petroleum
12product storage tank system that is located at a facility at which petroleum is stored
13for resale or an owner or operator of an underground petroleum product storage tank
14system that handles an annual average of more than 10,000 gallons of petroleum per
15month, $1,000,000, except that, if the site is classified as medium priority or low
16priority under s. 101.144 (3g) (a), an award issued under this paragraph may not
17exceed $100,000 for each occurrence
.
SB45, s. 1989 18Section 1989. 101.143 (4) (d) 2. b. of the statutes is amended to read:
SB45,965,2219 101.143 (4) (d) 2. b. For an owner or operator other than an owner or operator
20under subd. 2. a., c. or d., $500,000, except that, if the site is classified as medium
21priority or low priority under s. 101.144 (3g) (a), an award issued under this
22paragraph may not exceed $100,000 for each occurrence
.
SB45, s. 1990 23Section 1990. 101.143 (4) (d) 2. d. of the statutes is amended to read:
SB45,966,424 101.143 (4) (d) 2. d. For a school district or a technical college district with
25respect to a discharge from a petroleum product storage system that is used for

1storing heating oil for consumptive use on the premises where stored, $190,000,
2except that, if the site is classified as medium priority or low priority under s. 101.144
3(3g) (a), an award issued under this paragraph may not exceed $100,000 for each
4occurrence
.
SB45, s. 1991 5Section 1991. 101.143 (4) (dg) of the statutes is created to read:
SB45,966,76 101.143 (4) (dg) Deductible; underground systems. The amount of the
7deductible for an award under par. (d) is as follows for each occurrence:
SB45,966,148 1. Except as provided under par. (di), for an owner or operator of an
9underground petroleum product storage tank system that is located at a facility at
10which petroleum is stored for resale or an owner or operator of an underground
11petroleum product storage tank system that handles an annual average of more than
1210,000 gallons of petroleum per month, $10,000, plus $2,500 if the eligible costs
13exceed $50,000, plus $2,500 if the eligible costs exceed $80,000, plus $10,000 for each
14whole $100,000 by which eligible costs exceed $150,000.
SB45,966,1715 2. For a school district or a technical college district with respect to a discharge
16from an underground petroleum product storage tank system that is used for storing
17heating oil for consumptive use on the premises, 25% of eligible costs.
SB45,966,1918 3. For an owner or operator other than an owner or operator described in subd.
191. or 2., $2,500, plus 5% of eligible costs, but not more than $7,500.
SB45, s. 1992 20Section 1992. 101.143 (4) (di) of the statutes is created to read:
SB45,966,2521 101.143 (4) (di) Rules concerning deductible for underground systems. The
22department may promulgate rules describing a class of owners and operators of
23underground petroleum product storage tanks otherwise subject to par. (dg) 1. for
24whom the deductible is the amount under par. (dg) 3. rather than the amount under
25par. (dg) 1.
SB45, s. 1993
1Section 1993. 101.143 (4) (dm) 2. a. of the statutes is amended to read:
SB45,967,32 101.143 (4) (dm) 2. a. For the owner or operator of a terminal, $15,000 plus 5%
315% of the amount by which eligible costs exceed $200,000.
SB45, s. 1994 4Section 1994. 101.143 (9m) of the statutes is created to read:
SB45,967,125 101.143 (9m) Revenue obligations. (a) For purposes of subch. II of ch. 18, the
6petroleum storage remedial action program is a special fund program, and the
7petroleum inspection fund is a special fund. The petroleum inspection fund is a
8segregated fund created by the imposition of fees, penalties or excise taxes. The
9legislature finds and determines that a nexus exists between the petroleum storage
10remedial action program and the petroleum inspection fund in that fees imposed on
11users of petroleum are used to remedy environmental damage caused by petroleum
12storage.
SB45,967,1713 (b) Deposits, appropriations or transfers to the petroleum inspection fund for
14the purposes of the petroleum storage remedial action program may be funded with
15the proceeds of revenue obligations issued subject to and in accordance with subch.
16II of ch. 18 and, if designated a higher education bond, in accordance with subch. IV
17of ch. 18.
SB45,967,2118 (e) The department shall have all other powers necessary and convenient to
19distribute the special fund revenues and to distribute the proceeds of the revenue
20obligations in accordance with subch. II of ch. 18 and, if designated a higher
21education bond, in accordance with subch. IV of ch. 18.
SB45,967,2522 (f) The department may enter into agreements with the federal government or
23its agencies, political subdivisions of this state, individuals or private entities to
24insure or in any other manner provide additional security for the revenue obligations
25issued under this subsection.
SB45,968,9
1(g) Revenue obligations may be contracted by the building commission when
2it reasonably appears to the building commission that all obligations incurred under
3this subsection can be fully paid on a timely basis from moneys received or
4anticipated to be received. Revenue obligations issued under this subsection may not
5exceed $450,000,000 in principal amount. In addition to this limit on principal
6amount, the building commission may contract revenue obligations under this
7subsection as the building commission determines is desirable to fund or refund
8outstanding revenue obligations, to pay issuance or administrative expenses, to
9make deposits to reserve funds or to pay accrued or capitalized interest.
SB45,968,1510 (h) Unless otherwise expressly provided in resolutions authorizing the
11issuance of revenue obligations or in other agreements with the owners of revenue
12obligations, each issue of revenue obligations under this subsection shall be on a
13parity with every other revenue obligation issued under this subsection and in
14accordance with subch. II of ch. 18 and, if designated a higher education bond, in
15accordance with subch. IV of ch. 18.
SB45,968,2116 (i) Recognizing its moral obligation to do so, the legislature expresses its
17expectation and aspiration that, if the legislature reduces the rate of the petroleum
18inspection fee and if the funds in the petroleum inspection fund are insufficient to
19pay the principal and interest on the revenue obligations issued under subch. II or
20IV of ch. 18 pursuant to this subsection, the legislature shall make an appropriation
21from the general fund sufficient to pay the principal and interest on the obligations.
SB45, s. 1995 22Section 1995. 101.143 (12) of the statutes is created to read:
SB45,969,423 101.143 (12) Report. No later than each January 1 and July 1, the department
24of commerce and the department of natural resources shall submit to the governor
25and to the appropriate standing committees of the legislature, under s. 13.172 (3),

1a report concerning petroleum product storage systems and home oil tank systems
2from which discharges have occurred for which remedial action activities are being
3conducted. The departments shall provide all of the following information for each
4petroleum product storage system and home oil tank system:
SB45,969,55 (a) The date on which the record of the site investigation was received.
SB45,969,76 (b) The environmental risk factors, as defined by the department of commerce
7by rule, identified at the site.
SB45,969,88 (c) The year in which the approval under sub. (3) (c) 4. is expected to be issued.
SB45, s. 1996 9Section 1996. 101.144 (2) (b) 1. of the statutes is amended to read:
SB45,969,1310 101.144 (2) (b) 1. The site of the discharge is classified, as provided in rules
11promulgated
under sub. (3m) (a) 3. (3g) (a), as medium priority or low priority, based
12on the threat that the discharge poses to public health, safety and welfare and to the
13environment, subject to sub. (3g) (b).
SB45, s. 1997 14Section 1997. 101.144 (3g) of the statutes is created to read:
SB45,970,215 101.144 (3g) (a) The department of commerce and the department of natural
16resources, shall attempt to reach an agreement that is consistent with par. (b) and
17that specifies procedures and standards for determining whether the site of a
18discharge of a petroleum product from a petroleum storage tank is classified as high
19priority, medium priority or low priority. If the department of commerce and the
20department of natural resources are unable to reach an agreement, they shall refer
21the matters on which they are unable to agree to the secretary of administration for
22resolution. The secretary of administration shall resolve any matters on which the
23departments disagree in a manner that is consistent with par. (b). The department
24of commerce shall promulgate rules incorporating any agreement between the
25department of commerce and the department of natural resources under this

1paragraph and any resolution of disagreements between the departments by the
2secretary of administration under this paragraph.
SB45,970,83 (b) The department of commerce may not provide, in the rules under par. (a),
4that all sites at which an enforcement standard, as defined in s. 160.01 (2), is
5exceeded are classified as high priority. The department shall design the rules under
6par. (a) to classify no more than 50% of sites as high priority. If 6 months after the
7rules under par. (a) are in effect more than 50% of sites are classified as high priority,
8the department shall revise the rules.
SB45, s. 1998 9Section 1998. 101.144 (3m) (a) 3. of the statutes is amended to read:
SB45,970,1210 101.144 (3m) (a) 3. Establishes procedures, standards and schedules for
11determining whether the site of a discharge of a petroleum product from a petroleum
12storage tank is classified as high priority, medium priority or low priority.
SB45, s. 1999 13Section 1999. 102.01 (2) (d) of the statutes is amended to read:
SB45,970,1614 102.01 (2) (d) "Municipality" includes a county, city, town, village, school
15district, sewer district, drainage district and family care district and other public or
16quasi-public corporations.
SB45, s. 2000 17Section 2000. 102.04 (1) (a) of the statutes is amended to read:
SB45,970,2018 102.04 (1) (a) The state, each county, city, town, village, school district, sewer
19district, drainage district, family care district and other public or quasi-public
20corporations therein.
SB45, s. 2001 21Section 2001. 102.26 (2m) of the statutes is repealed.
SB45, s. 2002 22Section 2002. 102.27 (2) (a) of the statutes is amended to read:
SB45,970,2523 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
24301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or (2m), 767.51 (3m) (c) or
25767.62 (4) (b) 3.
Loading...
Loading...