AB999: Bill Text

AB999,17,25 (c) "Engineering control" means an action designed and implemented to contain contamination or to minimize the spread of contamination, including a cap or soil cover.

AB999,18,4 (d) "Remedial action" means action that is taken in response to a discharge of a hazardous substance and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands, and waters of this state.

AB999,18,6 (e) "Site" means a waste site or any area where a hazardous substance has been discharged.

AB999,18,10 (2) Agency authority. The agency with administrative authority may do any of the following as a condition of approving remedial action or of issuing a case closure letter if residual contamination remains on a site after the conclusion of remedial action at the site:

AB999,18,11 (a) Require maintenance of an engineering control on the site.

AB999,18,15 (b) Require an investigation of the extent of residual contamination and the performance of any necessary remedial action if a building or other structural impediment is removed that had prevented a complete investigation or remedial action at the site.

AB999,18,19 (c) Impose limitations or other conditions related to property, in accordance with rules promulgated by the department, to ensure that conditions at the site remain protective of public health, safety, and welfare and the environment, and, as applicable, to promote economic development.

AB999,19,2 (3) Database. (a) The department shall maintain a database listing sites for which remedial action has been approved or a case closure letter has been issued and that have residual contamination and listing sites for which the department has directed that action be taken under s. 292.11 (9) (e) 4. The department shall make the database available to the public. The department shall include any requirements, limitations, or conditions imposed under sub. (2) (a) to (c) in the database, subject to modification under sub. (6), and shall include any action that the department has directed to be taken under s. 292.11 (9) (e) 4.

AB999,19,10 (b) 1. If residual contamination remains on a site after the conclusion of remedial action at the site, the agency with administrative authority shall request the department to list the site, and any requirements, limitations, or conditions imposed under sub. (2) (a) to (c), in the database maintained by the department under par. (a) and, as a condition of approving remedial action or of issuing a case closure letter, shall require the person requesting approval of remedial action or case closure to provide the information necessary for the listing and to pay a fee established by the department for the listing.

AB999,19,16 2. If the department has directed that a local governmental unit or economic development corporation take action under s. 292.11 (9) (e) 4. for a site, the department shall list the site, and the action that the department has directed, in the database maintained by the department under par. (a) and require the local governmental unit or the corporation to pay a fee established by the department for the listing.

AB999,19,22 (4) Notification of residual contamination. Before a person applies for case closure for a site that includes any property that has residual contamination and is not owned by the person, the person shall provide written notification of the residual contamination to the owner of that property. The person shall include in the notice, at a minimum, a description of the type of residual contamination and the location and description of any engineering control on the site.

AB999,20,3 (5) Compliance with requirements and limitations. (a) A person who owns property, including a property or site that is listed under sub. (3) (b), shall comply with requirements described in sub. (2) (a) or (b) that are imposed by an agency with administrative authority without regard to when the person obtained the property, unless another person has a legally enforceable responsibility to comply with the requirements.

AB999,20,7 (b) A person who owns or occupies property, including a property or site that is listed under sub. (3) (b), shall comply with limitations or conditions described in sub. (2) (c) that are imposed by an agency with administrative authority without regard to when the person obtained or occupied the property.

AB999,20,15 (6) Modification of requirements. A person may request the agency with administrative authority over a site to change or eliminate a requirement, limitation, or condition that it imposed under sub. (2) (a) to (c) with respect to a site. If the agency with administrative authority agrees to change or eliminate a requirement, limitation, or condition imposed under sub. (2) (a) to (c), it shall provide written approval to the person, shall request the department to change the listing under sub. (3) (b) for the site accordingly, and shall require the person to pay a fee established by the department for changing the listing.

AB999, s. 38 Section 38. 292.15 (2) (ae) 7. of the statutes is created to read:

AB999,20,23 292.15 (2) (ae) 7. If the voluntary party owns or controls the property, the voluntary party allows the department, any authorized representative of the department, a representative of a company that has issued insurance required under subd. 3m., any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance, and any consultant or contractor of any of those persons to enter the property to determine whether natural attenuation has failed and to take action to respond to the discharge if natural attenuation has failed.

AB999, s. 39 Section 39. 292.15 (2) (at) of the statutes is repealed.

AB999, s. 40 Section 40. 292.15 (2) (b) 5. of the statutes is created to read:

AB999,21,8 292.15 (2) (b) 5. If the voluntary party does not own or control the property, the person who owns or controls the property fails to allow the department, any authorized representative of the department, any representative of a company that has issued insurance required under par. (ae) 3m., any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance, or any consultant or contractor of any of those persons to enter the property to determine whether natural attenuation has failed and to take action to respond to the discharge if natural attenuation has failed.

AB999, s. 41 Section 41. 292.15 (2) (c) of the statutes is amended to read:

AB999,21,13 292.15 (2) (c) Prohibition on action. The department of justice may not commence an action under 42 USC 9607 against any voluntary party meeting the criteria of this subsection to recover costs for which the voluntary party is exempt under pars. (a), (ae), (ag), (am), (at) and (b).

AB999, s. 42 Section 42. 292.15 (2) (d) of the statutes is repealed.

AB999, s. 43 Section 43. 292.15 (2) (e) of the statutes is amended to read:

AB999,21,19 292.15 (2) (e) Contract with insurer. If the department requires insurance under par. (ae) 3m. or (at) 3., the department may contract with an insurer to provide insurance required under par. (ae) 3m. or (at) 3. and may require voluntary parties to obtain coverage under the contract.

AB999, s. 44 Section 44. 292.15 (3) of the statutes is amended to read:

AB999,22,3 292.15 (3) Successors and assigns. An exemption provided in sub. (2) applies to any successor or assignee of the voluntary party if the successor or assignee complies with the provisions of sub. (2) (a) 4. and 5. or (ae) 3m., 4. and, 5., and 7. and, if applicable, sub. (2) (ag) 4. or (am) as though the successor or assignee were the voluntary party except that the exemption in sub. (2) does not apply if the successor or assignee knows that a certificate under sub. (2) (a) 3., (ae) 3., (ag) 2. or (am) was obtained by any of the means or under any of the circumstances specified in sub. (2) (a) 6.

AB999, s. 45 Section 45. 292.15 (6) (a) of the statutes is renumbered 292.15 (6).

AB999, s. 46 Section 46. 292.15 (6) (b) of the statutes is repealed.

AB999, s. 47 Section 47. 292.15 (7) (d) of the statutes is created to read:

AB999,22,8 292.15 (7) (d) A solid waste facility that was licensed under s. 289.30 or s. 144.44, 1993 stats.

AB999, s. 48 Section 48. 292.15 (7) (e) of the statutes is created to read:

AB999,22,13 292.15 (7) (e) A solid waste facility or waste site at which active remedial operation or treatment is required, including a site or facility where methane or groundwater monitoring or gas, leachate, or groundwater collection or treatment is required.

AB999, s. 49 Section 49. 292.21 (1) (c) 2. g. of the statutes is amended to read:

AB999,22,24 292.21 (1) (c) 2. g. A review to determine if the real property is listed in any of the written compilations of sites or facilities considered to pose a threat to human health or the environment, including the national priorities list under 42 USC 9605 (a) (8) (B); the federal environmental protection agency's information system for the comprehensive environmental response, compensation and liability act, 42 USC 9601 to 9675, (CERCLIS); and the department's most recent Wisconsin remedial response site evaluation report, including the inventory database of sites or facilities which may cause or threaten to cause environmental pollution and other properties that are environmentally contaminated required by s. 292.31 (1) (a); and the department's registry of abandoned landfills.

AB999, s. 50 Section 50. 292.23 of the statutes is created to read:

AB999,23,2 292.23 Responsibility of local governmental units; solid waste. (1) Definition. In this section:

AB999,23,5 (a) "Local governmental unit" means a municipality, a redevelopment authority created under s. 66.1333, a public body designated by a municipality under s. 66.1337 (4), a community development authority, or a housing authority.

AB999,23,6 (b) "Solid waste facility" has the meaning given in s. 289.01 (35).

AB999,23,7 (c) "Waste site" has the meaning given in s. 289.01 (41).

AB999,23,12 (2) Exemption from liability. Except as provided in sub. (3), a local governmental unit is exempt from s. 289.05, and rules promulgated under that section, with respect to property acquired by the local governmental unit before, on, or after the effective date of this subsection .... [revisor inserts date], if any of the following applies:

AB999,23,14 (a) The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.

AB999,23,16 (b) The local governmental unit acquired the property from a local governmental unit that is exempt under this subsection with respect to the property.

AB999,23,18 (c) The local governmental unit acquired the property through a condemnation or other proceeding under ch. 32.

AB999,23,20 (d) The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.

AB999,23,21 (e) The local governmental unit acquired the property through escheat.

AB999,23,23 (f) The local governmental unit acquired the property using funds appropriated under s. 20.866 (2) (ta) or (tz).

AB999,24,3 (3) Exceptions. (a) Subsection (2) does not apply with respect to environmental pollution or a discharge of a hazardous substance caused by any of the following:

AB999,24,4 1. An action taken by the local governmental unit.

AB999,24,7 2. A failure of the local governmental unit 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.

AB999,24,9 3. A failure of the local governmental unit to sample and analyze unidentified substances in containers stored aboveground on the property.

AB999,24,12 4. A failure of the local governmental unit 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.

AB999,24,18 (b) Subsection (2) does 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.

AB999,24,24 (c) Subsection (2) only applies if the local governmental unit agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled a hazardous substance that was discharged or that caused environmental pollution or the discharge of a hazardous substance, and any consultant or contractor of such a party to enter the property to take action to respond to the environmental pollution or discharge.

AB999,25,3 (d) Subsection (2) does not apply to property described in sub. (2) (f) unless the local governmental unit enters into an agreement with the department to ensure that the conditions in pars. (a) and (b) are satisfied.

AB999,25,6 (e) Subsection (2) does not apply to any solid waste facility or waste site that was operated by the local governmental unit or was owned by the local governmental unit while it was operated.

AB999,25,8 (f) Subsection (2) does not apply to a solid waste facility that was licensed under s. 289.30 or s. 144.44, 1993 stats.

AB999,25,11 (g) Subsection (2) does not apply to property at which the local governmental unit disposed of waste that caused environmental pollution or a discharge of a hazardous substance at the property.

AB999,25,13 (h) Subsection (2) does not apply to waste generated on the property by the local governmental unit, its agents, or its contractors.

AB999,25,18 (i) Subsection (2) does not apply if the local governmental unit undertakes or authorizes construction on the property without the approval of the department or if the local government unit undertakes an activity that interferes with a closed solid waste facility or waste site and that causes a threat to public health, safety, or welfare.

AB999,25,23 (j) Subsection (2) only applies to property with respect to which, before the local governmental unit acquired the property, the department imposed requirements related to health or safety for the maintenance of an active leachate or methane collection system, of a cap over waste on the property, or of a groundwater or gas monitoring system if the local governmental unit complies with those requirements.

AB999,26,2 (k) Subsection (2) does not exempt a local governmental unit from land use restrictions required by the department, including those that are necessary to prevent damage to a cap over waste on the property or to otherwise prevent uses of the property that may cause a threat to public health or safety.

AB999, s. 51 Section 51. 292.31 (1) (title) of the statutes is amended to read:

AB999,26,4 292.31 (1) (title) Inventory Database; analysis; hazard ranking.

AB999, s. 52 Section 52. 292.31 (1) (a) (title) of the statutes is repealed and recreated to read:

AB999,26,7 292.31 (1) (a) (title) Database.

AB999, s. 53 Section 53. 292.31 (1) (a) 1. of the statutes is repealed and recreated to read:

AB999,26,12 292.31 (1) (a) 1. The department shall compile, maintain, and make available to the public a database of all sites or facilities and other properties at which the discharge of a hazardous substance or other environmental pollution has been reported to the department. The department shall update the database regularly.

AB999, s. 54 Section 54. 292.31 (1) (a) 2. of the statutes is repealed.

AB999, s. 55 Section 55. 292.31 (1) (a) 3. of the statutes is amended to read:

AB999,26,17 292.31 (1) (a) 3. The decision of the department to include a site or facility or other property on the inventory database under subd. 1. or exclude a site or facility or other property from the inventory database is not subject to judicial review.

AB999, s. 56 Section 56. 292.31 (1) (a) 4. of the statutes is amended to read:

AB999,26,20 292.31 (1) (a) 4. Notwithstanding s. 227.01 (13) or 227.10 (1), the list of sites or facilities which results from the inventory database under subd. 1. is not a rule.

AB999, s. 57 Section 57. 292.31 (1) (b) 1. of the statutes is amended to read:

AB999,26,25 292.31 (1) (b) 1. The department may take direct action under subd. 2. or 3. or may enter into a contract with any person to take the action. The department may take action under subd. 2. or 3. regardless of whether a site or facility is included on the inventory under par. (a) or the hazard ranking list under par. (c).

AB999, s. 58 Section 58. 292.31 (1) (c) of the statutes is repealed.

AB999, s. 59 Section 59. 292.31 (2) (intro.) of the statutes is amended to read:

AB999,27,8 292.31 (2) Environmental response plan rules. (intro.) The department shall promulgate by rule a waste facility environmental response plan. The plan shall contain rules relating to investigation and remedial action for sites or facilities and other properties at which the air, land, or waters of the state have been affected by the discharge of a hazardous substance or other environmental pollution, including all of the following provisions:

AB999, s. 60 Section 60. 292.31 (2) (a) of the statutes is amended to read:

AB999,27,12 292.31 (2) (a) Methods for preparing the inventory and conducting the analysis under sub. (1) investigating the degree and extent of contamination for actions under sub. (3).

AB999, s. 61 Section 61. 292.31 (3) (c) of the statutes is amended to read:

AB999,28,2 292.31 (3) (c) Sequence of remedial action. In determining the sequence for taking remedial action under this subsection, the department shall consider the hazard ranking significance to public health, the community, and the environment of each site or facility, the amount of funds available, the information available about each site or facility, the willingness and ability of an owner, operator , or other responsible person to undertake or assist in remedial action, the availability of federal funds under 42 USC 9601, et seq., and other relevant factors. The department shall give the highest priority to remedial action at sites or facilities which have caused contamination of a municipal water system in a town with a population greater than 10,000. If any such site or facility is eligible for federal funds under 42 USC s. 9601 to 9675, but the federal funds will not be available before January 1, 2000, the department shall proceed with remedial action using state funds.

AB999, s. 62 Section 62. 292.31 (3) (cm) of the statutes is repealed.

AB999, s. 63 Section 63. 292.31 (3) (d) of the statutes is amended to read:

AB999,28,12 292.31 (3) (d) Emergency responses. Notwithstanding rules promulgated under this section, the hazard ranking list, or the considerations for taking action under par. (c) or the remedial action schedule under par. (cm), the department may take emergency action under this subsection and subs. (1) and (7) at a site or facility if delay will result in imminent risk to public health or safety or the environment. The department is not required to hold a hearing under par. (f) if emergency action is taken under this paragraph. The decision of the department to take emergency action is a final decision of the agency subject to judicial review under ch. 227.

AB999, s. 64 Section 64. 292.31 (4) of the statutes is amended to read:

AB999,28,21 292.31 (4) Monitoring costs at nonapproved facilities owned or operated by municipalities. Notwithstanding the inventory, analysis and hazard ranking under sub. (1), the environmental response plan prepared rules under sub. (2) or the environmental repair authority, remedial action sequence and emergency response requirements under sub. (3), the department shall pay that portion of the cost of any monitoring requirement which is to be paid under s. 289.31 (7) (f) from the appropriation under s. 20.370 (2) (dv) prior to making other payments from that appropriation.

AB999, s. 65 Section 65. 292.31 (5) of the statutes is repealed.

AB999, s. 66 Section 66. 292.57 (title) of the statutes is amended to read:

AB999,28,25 292.57 (title) Database of properties on which groundwater standards are exceeded with residual contamination.