AB316: Bill Text

AB316,54,13 1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4).

AB316,54,18 2. If a person responsible for the emergency involving a release or potential release of a hazardous substance under s. 166.215 (3) or 166.22 sub. (4) or s. 323.71 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the emergency.

AB316, s. 177 Section 177. 166.20 (2) (bs) 1. of the statutes is renumbered 323.70 (7) (b) and amended to read:

AB316,54,24 323.70 (7) (b) Promulgate The division shall promulgate rules that establish the procedures that a regional emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a level A release or a potential level A release.

AB316, s. 178 Section 178. 166.20 (2) (bs) 2. of the statutes is renumbered 323.70 (7) (c) and amended to read:

AB316,55,6 323.70 (7) (c) Promulgate The division shall promulgate rules that establish the procedures that a local emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a release or potential release of a hazardous substance, as defined in s. 299.01 (6).

AB316, s. 179 Section 179. 166.20 (2) (c) of the statutes is renumbered 323.60 (2) (c).

AB316, s. 180 Section 180. 166.20 (2) (d) of the statutes is renumbered 323.60 (2) (d) and amended to read:

AB316,55,10 323.60 (2) (d) Administer the grant program under s. 166.21 323.61.

AB316, s. 181 Section 181. 166.20 (2) (e) of the statutes is renumbered 323.60 (2) (e).

AB316, s. 182 Section 182. 166.20 (2) (f) of the statutes is renumbered 323.60 (2) (f).

AB316, s. 183 Section 183. 166.20 (3) (intro.) of the statutes is renumbered 323.60 (3) (intro.) and amended to read:

AB316,55,16 323.60 (3) Duties of committees. (intro.) A committee shall do all of the following:

AB316, s. 184 Section 184. 166.20 (3) (a) of the statutes is renumbered 323.60 (3) (a).

AB316, s. 185 Section 185. 166.20 (3) (b) of the statutes is renumbered 323.60 (3) (b) and amended to read:

AB316,55,23 323.60 (3) (b) Upon receipt by the committee or the committee's designated community emergency coordinator of a notification under sub. (5) (a) 2. (b) of the release of a hazardous substance, take all actions necessary to ensure the implementation of the local emergency response plan.

AB316, s. 186 Section 186. 166.20 (3) (c) of the statutes is renumbered 323.60 (3) (c) and amended to read:

AB316,56,5 323.60 (3) (c) Consult and coordinate with the county board, the county and local heads of emergency management services designated under s. 166.03 (4) (a) or (b) 323.14 (1) (a) 2. or (b) 2. and the county emergency management committee designated under s. 166.03 (4) (c) 323.14 (1) (a) 3. in the execution of the local emergency planning committee's duties under this section.

AB316, s. 187 Section 187. 166.20 (4) of the statutes is renumbered 323.60 (4), and 323.60 (4) (a) and (c), as renumbered, are amended to read:

AB316,56,10 323.60 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. (b) or s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the division.

AB316,56,13 (c) Use the information contained in toxic chemical release forms submitted under sub. (5) (a) 4. (d) in the planning and implementation of programs related to the regulation, monitoring, abatement and mitigation of environmental pollution.

AB316, s. 188 Section 188. 166.20 (4m) of the statutes is renumbered 323.60 (4m) and amended to read:

AB316,56,19 323.60 (4m) Cooperation. A state agency, federally recognized American Indian tribe or band, or local governmental unit may assist the division or a committee in the performance of its duties under this section and may enter into an agreement with the division or a committee.

AB316, s. 189 Section 189. 166.20 (5) (title) of the statutes is renumbered 323.60 (5) (title).

AB316, s. 190 Section 190. 166.20 (5) (a) 1., 2. and 3. of the statutes are renumbered 323.60 (5) (a), (b) and (c).

AB316, s. 191 Section 191. 166.20 (5) (a) 4., 5. and 6. of the statutes are renumbered 323.60 (5) (d), (e) and (f), and 323.60 (5) (d) 3., (e) and (f), as renumbered, are amended to read:

AB316,57,9 323.60 (5) (d) 3. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this subd. 4. c. subdivision is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in s. 293.01 (7), minerals as defined in s. 293.01 (8) or refuse as defined in s. 293.01 (25).

AB316,57,15 (e) The reporting procedures for trade secrets under 42 USC 11042 shall apply to all facilities in this state subject to the requirements under subd. 1., 3. or 4. par. (a), (c), or (d). For the purposes of applying this subdivision paragraph to public agencies and private agencies, the division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under 42 USC 11042.

AB316,57,18 (f) All facilities in this state subject to the requirements under subd. 3. or 4. par. (c) or (d) shall comply with the procedures for providing information under 42 USC 11043.

AB316, s. 192 Section 192. 166.20 (5) (b) of the statutes is repealed.

AB316, s. 193 Section 193. 166.20 (5m) and (6) of the statutes are renumbered 323.60 (5m) and (6).

AB316, s. 194 Section 194. 166.20 (7) (title) of the statutes is renumbered 323.60 (7) (title).

AB316, s. 195 Section 195. 166.20 (7) (a) (intro.) of the statutes is renumbered 323.60 (7) (a) (intro.) and amended to read:

AB316,58,3 323.60 (7) (a) (intro.) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 166.21 323.61:

AB316, s. 196 Section 196. 166.20 (7) (a) 1. of the statutes is renumbered 323.60 (7) (a) 1. and amended to read:

AB316,58,7 323.60 (7) (a) 1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under sub. (5) (a) 1.

AB316, s. 197 Section 197. 166.20 (7) (a) 2. of the statutes is renumbered 323.60 (7) (a) 2. and amended to read:

AB316,58,12 323.60 (7) (a) 2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under sub. (5) (a) 3. (c).

AB316, s. 198 Section 198. 166.20 (7) (b), (d), (dm) and (e) of the statutes are renumbered 323.60 (7) (b), (d), (dm) and (e), and 323.60 (7) (b) and (dm), as renumbered, are amended to read:

AB316,58,20 323.60 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. (a) or (c) shall pay the fees under par. (a). The division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.

AB316,58,24 (dm) The operator of a petroleum marketing facility at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale is exempt from the fees under par. (a) 2. with respect to gasoline and diesel fuel present at the petroleum marketing that facility.

AB316, s. 199 Section 199. 166.20 (7m) and (8) of the statutes are renumbered 323.60 (7m) and (8), and 323.60 (8) (a), as renumbered, is amended to read:

AB316,59,13 323.60 (8) (a) The department of justice, at its own discretion or at the request of the division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance, except that, for a violation that is alleged to have occurred within the boundaries of a federally recognized Indian reservation or on land that is held in trust by the federal government for the benefit of an American Indian tribe or band, only the department of justice may enforce subs. (2) to (7) and rules promulgated under subs. (2) to (7).

AB316, s. 200 Section 200. 166.20 (9) (title) of the statutes is renumbered 323.60 (9) (title).

AB316, s. 201 Section 201. 166.20 (9) (a) of the statutes is renumbered 323.60 (9) (a), and 323.60 (9) (a) 1. a., b. and c., 2. (intro.), a., b. and c. and 3., as renumbered, are amended to read:

AB316,59,19 323.60 (9) (a) 1. a. Any person for failure to submit a follow-up emergency notice under 42 USC 11004 (c), as applied under sub. (5) (a) 2. (b).

AB316,59,20 b. Any person for violation of sub. (5) (a) 3. or 4. (c) or (d).

AB316,59,23 c. The division for failure to render a decision in response to a petition under 42 USC 11042 (d), as applied under sub. (5) (a) 5. (e), within 9 months after receipt of the petition.

AB316,60,3 2. (intro.) The division or any county, city, village or town local unit of government may commence a civil action against any person for failure to do any of the following:

AB316,60,5 a. Provide notification to the division under 42 USC 11002 (c), as applied under sub. (5) (a) 1.

AB316,60,7 b. Submit the information required under 42 USC 11021 (a) or 11022 (a), as applied by sub. (5) (a) 3. (c).

AB316,60,9 c. Make available information requested under 42 USC 11021 (c), as applied under sub. (5) (a) 3. (c).

AB316,60,13 3. The division or any committee may commence an action against any person for failure to provide the information required under 42 USC 11003 (d), as applied under sub. (5) (a) 1. or any information required under 42 USC 11022 (e) (1), as applied under sub. (5) (a) 3. (c).

AB316, s. 202 Section 202. 166.20 (9) (b) of the statutes is renumbered 323.60 (9) (b).

AB316, s. 203 Section 203. 166.20 (9) (c) 1. of the statutes is renumbered 323.60 (9) (c).

AB316, s. 204 Section 204. 166.20 (9) (e) of the statutes is repealed.

AB316, s. 205 Section 205. 166.20 (10) of the statutes is renumbered 323.60 (10).

AB316, s. 206 Section 206. 166.20 (11) of the statutes is renumbered 323.60 (11), and 323.60 (11) (a), (b) (intro.), (c) and (d), as renumbered, are amended to read:

AB316,61,2 323.60 (11) (a) Any person who violates sub. (5) (a) 1., 2. or 4., (b), or (d), or the emergency and hazardous chemical inventory form requirements of 42 USC 11022, as applied under sub. (5) (a) 3. (c), or any rule promulgated under sub. (5) (a) 1., 2. or 4., (b), or (d), or concerning emergency and hazardous chemical inventory form requirements shall forfeit not less than $100 nor more than $25,000. Total forfeitures for the failure of a facility to report multiple releases of hazardous substances covered under 42 USC 11004, as applied under sub. (5) (a), shall not exceed $75,000 per day of offense.

AB316,61,6 (b) (intro.) Any person who knowingly and willfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. (b) or any rule promulgated under sub. (5) (a) 2. (b) is subject to the following penalties:

AB316,61,10 (c) Any person who violates sub. (5) (a) 5. or 6. (e) or (f) or the material safety data sheet requirements of 42 USC 11021, as applied under sub. (5) (a) 3. (c), or any rule promulgated under sub. (5) (a) 5. or 6. (e) or (f) or concerning material safety data sheet requirements shall forfeit not less than $50 nor more than $10,000.

AB316,61,14 (d) Any person who knowingly and willfully releases a trade secret entitled to protection under 42 USC 11042, as applied under sub. (5) (a) 5. (e), shall be fined not less than $100 nor more than $20,000 or imprisoned for not more than one year in the county jail or both.

AB316, s. 207 Section 207. 166.21 (title) of the statutes is renumbered 323.61 (title).

AB316, s. 208 Section 208. 166.21 (1) (title) of the statutes is renumbered 323.61 (1) (title).

AB316, s. 209 Section 209. 166.21 (1) (a) of the statutes is renumbered 323.61 (1) (a) and amended to read:

AB316,61,21 323.61 (1) (a) There is created an emergency planning grant program for the purpose of assisting committees to comply with the requirements of s. 166.20 323.60 and the federal act.

AB316, s. 210 Section 210. 166.21 (1) (b) and (2) of the statutes are renumbered 323.61 (1) (b) and (2), and 323.61 (2) (d), as renumbered, is amended to read:

AB316,61,25 323.61 (2) (d) Any other activity of the committee required under s. 166.20 323.60 or the federal act.

AB316, s. 211 Section 211. 166.21 (2m) (intro.) and (a) to (e) of the statutes are renumbered 323.61 (2m) (intro.) and (a) to (e).

AB316, s. 212 Section 212. 166.21 (2m) (f) of the statutes is renumbered 323.61 (2m) (f) and amended to read:

AB316,62,7 323.61 (2m) (f) Procedures for local emergency response team actions that are consistent with local emergency response plans developed under s. 166.20 323.60 (3) and the state contingency plan established under s. 292.11 (5).

AB316, s. 213 Section 213. 166.21 (3), (4) and (5) of the statutes are renumbered 323.61 (3), (4) and (5), and 323.61 (3) (c), as renumbered, is amended to read:

AB316,62,14 323.61 (3) (c) Notwithstanding sub. (2), the division shall deny that portion of a grant calculated under par. (a) 2. if the division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 166.20 323.60 or the federal act.

AB316, s. 214 Section 214. 166.215 (title) of the statutes is renumbered 323.70 (title).

AB316, s. 215 Section 215. 166.215 (1) of the statutes is renumbered 323.70 (2) and amended to read:

AB316,63,6 323.70 (2) Beginning July 1, 2001, the The division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. 323.13 (2) (a). The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).

AB316, s. 216 Section 216. 166.215 (2) of the statutes is renumbered 323.70 (3) and amended to read:

AB316,63,21 323.70 (3) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. sub. (7) (b) to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) (4) and the amounts appropriated under s. 20.465 (3) (dr). Reimbursement is available under s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

AB316, s. 217 Section 217. 166.215 (3) (intro.) of the statutes is renumbered 323.70 (4) (intro.) and amended to read:

AB316,64,3 323.70 (4) (intro.) A person shall reimburse the division for costs incurred by a regional emergency response team in responding to an emergency involving a level A release or a potential level A release if the team followed the procedures established under s. 166.20 (2) (bs) 1. sub. (7) (b) to determine if an emergency requiring the team's response existed and if any of the following conditions applies:

AB316, s. 218 Section 218. 166.215 (3) (a) of the statutes is renumbered 323.70 (4) (a).

AB316, s. 219 Section 219. 166.215 (3) (b) of the statutes is renumbered 323.70 (4) (b).

AB316, s. 220 Section 220. 166.215 (4) of the statutes is renumbered 323.70 (5) and amended to read:

AB316,64,10 323.70 (5) A member of a regional emergency response team who is acting under a contract under sub. (1) (2) is considered an employee of the state for purposes of worker's compensation benefits.

AB316, s. 221 Section 221. 166.215 (5) of the statutes is renumbered 323.70 (6) and amended to read:

AB316,65,2 323.70 (6) The division shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (1) (2) or renewing or extending a contractual agreement under sub. (1) (2), of the specific funding commitment involved in that proposed new, renewed or extended contract. The division shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The division may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the division's proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the division that the committee has scheduled a meeting to review the division's proposed action, the division may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action.

AB316, s. 222 Section 222. 166.22 (title) of the statutes is renumbered 323.71 (title).

AB316, s. 223 Section 223. 166.22 (1) (intro.) of the statutes is renumbered 323.70 (1) (intro.) and amended to read:

AB316,65,6 323.70 (1) (intro.) In this section subchapter: