AB999,25,1312 (h) Subsection (2) does not apply to waste generated on the property by the local
13governmental unit, its agents, or its contractors.
AB999,25,1814 (i) Subsection (2) does not apply if the local governmental unit undertakes or
15authorizes construction on the property without the approval of the department or
16if the local government unit undertakes an activity that interferes with a closed solid
17waste facility or waste site and that causes a threat to public health, safety, or
18welfare.
AB999,25,2319 (j) Subsection (2) only applies to property with respect to which, before the local
20governmental unit acquired the property, the department imposed requirements
21related to health or safety for the maintenance of an active leachate or methane
22collection system, of a cap over waste on the property, or of a groundwater or gas
23monitoring system if the local governmental unit complies with those requirements.
AB999,26,224 (k) Subsection (2) does not exempt a local governmental unit from land use
25restrictions required by the department, including those that are necessary to

1prevent damage to a cap over waste on the property or to otherwise prevent uses of
2the property that may cause a threat to public health or safety.
AB999, s. 51 3Section 51. 292.31 (1) (title) of the statutes is amended to read:
AB999,26,44 292.31 (1) (title) Inventory Database; analysis; hazard ranking.
AB999, s. 52 5Section 52. 292.31 (1) (a) (title) of the statutes is repealed and recreated to
6read:
AB999,26,77 292.31 (1) (a) (title) Database.
AB999, s. 53 8Section 53. 292.31 (1) (a) 1. of the statutes is repealed and recreated to read:
AB999,26,129 292.31 (1) (a) 1. The department shall compile, maintain, and make available
10to the public a database of all sites or facilities and other properties at which the
11discharge of a hazardous substance or other environmental pollution has been
12reported to the department. The department shall update the database regularly.
AB999, s. 54 13Section 54. 292.31 (1) (a) 2. of the statutes is repealed.
AB999, s. 55 14Section 55. 292.31 (1) (a) 3. of the statutes is amended to read:
AB999,26,1715 292.31 (1) (a) 3. The decision of the department to include a site or facility or
16other property
on the inventory database under subd. 1. or exclude a site or facility
17or other property from the inventory database is not subject to judicial review.
AB999, s. 56 18Section 56. 292.31 (1) (a) 4. of the statutes is amended to read:
AB999,26,2019 292.31 (1) (a) 4. Notwithstanding s. 227.01 (13) or 227.10 (1), the list of sites
20or facilities which results from the inventory
database under subd. 1. is not a rule.
AB999, s. 57 21Section 57. 292.31 (1) (b) 1. of the statutes is amended to read:
AB999,26,2522 292.31 (1) (b) 1. The department may take direct action under subd. 2. or 3. or
23may enter into a contract with any person to take the action. The department may
24take action under subd. 2. or 3. regardless of whether a site or facility is included on
25the inventory under par. (a) or the hazard ranking list under par. (c).
AB999, s. 58
1Section 58. 292.31 (1) (c) of the statutes is repealed.
AB999, s. 59 2Section 59. 292.31 (2) (intro.) of the statutes is amended to read:
AB999,27,83 292.31 (2) Environmental response plan rules. (intro.) The department shall
4promulgate by rule a waste facility environmental response plan. The plan shall
5contain
rules relating to investigation and remedial action for sites or facilities and
6other properties at which the air, land, or waters of the state have been affected by
7the discharge of a hazardous substance or other environmental pollution, including
8all of
the following provisions:
AB999, s. 60 9Section 60. 292.31 (2) (a) of the statutes is amended to read:
AB999,27,1210 292.31 (2) (a) Methods for preparing the inventory and conducting the analysis
11under sub. (1)
investigating the degree and extent of contamination for actions under
12sub. (3)
.
AB999, s. 61 13Section 61. 292.31 (3) (c) of the statutes is amended to read:
AB999,28,214 292.31 (3) (c) Sequence of remedial action. In determining the sequence for
15taking remedial action under this subsection, the department shall consider the
16hazard ranking significance to public health, the community, and the environment
17of each site or facility, the amount of funds available, the information available about
18each site or facility, the willingness and ability of an owner, operator , or other
19responsible person to undertake or assist in remedial action, the availability of
20federal funds under 42 USC 9601, et seq., and other relevant factors. The
21department shall give the highest priority to remedial action at sites or facilities
22which have caused contamination of a municipal water system in a town with a
23population greater than 10,000. If any such site or facility is eligible for federal funds
24under 42 USC s. 9601 to 9675, but the federal funds will not be available before

1January 1, 2000, the department shall proceed with remedial action using state
2funds
.
AB999, s. 62 3Section 62. 292.31 (3) (cm) of the statutes is repealed.
AB999, s. 63 4Section 63. 292.31 (3) (d) of the statutes is amended to read:
AB999,28,125 292.31 (3) (d) Emergency responses. Notwithstanding rules promulgated
6under this section, the hazard ranking list, or the considerations for taking action
7under par. (c) or the remedial action schedule under par. (cm), the department may
8take emergency action under this subsection and subs. (1) and (7) at a site or facility
9if delay will result in imminent risk to public health or safety or the environment.
10The department is not required to hold a hearing under par. (f) if emergency action
11is taken under this paragraph. The decision of the department to take emergency
12action is a final decision of the agency subject to judicial review under ch. 227.
AB999, s. 64 13Section 64. 292.31 (4) of the statutes is amended to read:
AB999,28,2114 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by
15municipalities.
Notwithstanding the inventory, analysis and hazard ranking under
16sub. (1),
the environmental response plan prepared rules under sub. (2) or the
17environmental repair authority, remedial action sequence and emergency response
18requirements under sub. (3), the department shall pay that portion of the cost of any
19monitoring requirement which is to be paid under s. 289.31 (7) (f) from the
20appropriation under s. 20.370 (2) (dv) prior to making other payments from that
21appropriation.
AB999, s. 65 22Section 65. 292.31 (5) of the statutes is repealed.
AB999, s. 66 23Section 66. 292.57 (title) of the statutes is amended to read:
AB999,28,25 24292.57 (title) Database of properties on which groundwater standards
25are exceeded
with residual contamination.
AB999, s. 67
1Section 67. 292.57 (2) (a) of the statutes is amended to read:
AB999,29,62 292.57 (2) (a) The department may promulgate a rule specifying a fee for
3placing information into a database concerning a property on which a groundwater
4standard is exceeded into a database, a property on which residual contamination
5is present in soil, or a property that is subject to s. 292.12 (3) (b). The department
6may also specify a fee for modifying information in the database
.
AB999, s. 68 7Section 68. Initial applicability.
AB999,29,158 (1) The treatment of sections 66.1106 (1) (c), (e), (f), (fm), (g), (i), (je), and (k),
9(1m), (2) (a), (4) (intro.) and (b), (7) (a) and (d) 1., (9), (10) (title), (a), (b), (c), (d), and
10(e), (11), (12), and (13) (title), 74.23 (1) (b), 74.25 (1) (b) 1. and 2., 74.30 (1) (i) and (j)
11and (2) (b), 79.095 (1) (c) and (2) (b), and 234.01 (4n) (a) 3m. a. of the statutes, the
12renumbering and amendment of section 66.1106 (13) of the statutes, and the creation
13of section 66.1106 (13) (b) of the statutes first apply to an environmental remediation
14tax incremental district that is in existence on October 1, 2006, or that is created on
15October 1, 2006.
AB999, s. 69 16Section 69. Effective dates. This act takes effect on the day after publication,
17except as follows:
AB999,29,2318 (1) The treatment sections 66.1106 (1) (c), (e), (f), (fm), (g), (i), (je), and (k), (1m),
19(2) (a), (4) (intro.) and (b), (7) (a) and (d) 1., (9), (10) (title), (a), (b), (c), (d), and (e), (11),
20(12), and (13) (title), 74.23 (1) (b), 74.25 (1) (b) 1. and 2., 74.30 (1) (i) and (j) and (2)
21(b), 79.095 (1) (c) and (2) (b), and 234.01 (4n) (a) 3m. a. of the statutes, the
22renumbering and amendment of section 66.1106 (13) of the statutes, and the creation
23of section 66.1106 (13) (b) of the statutes takes effect on October 1, 2006.
AB999,29,2424 (End)
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