AB926,205,3
194.65 (3) (a) 3. No permit is required for the landspreading of sewage sludge
2under a pollutant discharge elimination system permit issued by the department of
3natural resources environmental quality under s. 283.31 or 283.35.
AB926, s. 852 4Section 852. 94.73 (1) (b) of the statutes is amended to read:
AB926,205,125 94.73 (1) (b) "Corrective action" means action that is taken in response to a
6discharge and that is necessary to restore the environment to the extent practicable
7and to minimize the harmful effects of the discharge to the air, lands or waters of this
8state. "Corrective action" includes action taken or ordered by the department of
9natural resources environmental quality under s. 292.11 (7) in response to a
10discharge, but does not include action ordered by the department of natural
11resources
environmental quality under s. 291.37 (2) or 291.95. "Corrective action"
12does not include action taken, or ordered to be completed, before January 1, 1989.
AB926, s. 853 13Section 853. 94.73 (2) (a) of the statutes is amended to read:
AB926,205,1914 94.73 (2) (a) The department may issue an order requiring a responsible person
15to take corrective action. Except as provided in a memorandum of understanding
16under sub. (12), if a discharge involves a hazardous substance that may also become
17a hazardous waste, the department and the department of natural resources
18environmental quality shall consult to determine whether corrective action should
19be taken under this section or s. 291.37 (2), 291.95 (1) or 292.31 (3).
AB926, s. 854 20Section 854. 94.73 (2m) (intro.) of the statutes is amended to read:
AB926,205,2521 94.73 (2m) Corrective action ordered by the department of natural
22resources
environmental quality. (intro.) The department of natural resources
23environmental quality may take action under s. 292.11 (7) (a) or may issue an order
24under s. 292.11 (7) (c) in response to a discharge only if one or more of the following
25apply:
AB926, s. 855
1Section 855. 94.73 (2m) (b) of the statutes is amended to read:
AB926,206,42 94.73 (2m) (b) The department of agriculture, trade and consumer protection
3requests the department of natural resources environmental quality to take the
4action or issue the order.
AB926, s. 856 5Section 856. 94.73 (2m) (c) of the statutes is amended to read:
AB926,206,86 94.73 (2m) (c) The secretary of natural resources environmental quality
7approves the action or order in advance after notice to the secretary of agriculture,
8trade and consumer protection.
AB926, s. 857 9Section 857. 94.73 (2m) (d) of the statutes is amended to read:
AB926,206,1210 94.73 (2m) (d) The department of natural resources environmental quality
11takes action under s. 292.11 (7) (a) after the responsible person fails to comply with
12an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.
AB926, s. 858 13Section 858. 94.73 (2m) (e) of the statutes is amended to read:
AB926,206,1814 94.73 (2m) (e) The department of natural resources environmental quality
15takes the action or issues the order in compliance with a memorandum of
16understanding under sub. (12) between the department of agriculture, trade and
17consumer protection and the department of natural resources environmental
18quality
.
AB926, s. 859 19Section 859. 94.73 (3) (d) of the statutes is amended to read:
AB926,206,2220 94.73 (3) (d) The applicant has complied with every corrective action order
21issued to the applicant by the department under sub. (2) or the department of natural
22resources
environmental quality under s. 292.11 (7) (c).
AB926, s. 860 23Section 860. 94.73 (3) (f) of the statutes is amended to read:
AB926,207,224 94.73 (3) (f) The applicant, upon discovery of the discharge, promptly reported
25the discharge to the department or, if the applicant was required to report the

1discharge under s. 292.11 (2), to the department of natural resources environmental
2quality
.
AB926, s. 861 3Section 861. 94.73 (3m) (a) of the statutes is amended to read:
AB926,207,74 94.73 (3m) (a) Costs for corrective action taken in response to a discharge that
5is an intentional use of an agricultural chemical for agricultural purposes, unless the
6corrective action is ordered by the department under sub. (2) or by the department
7of natural resources environmental quality under s. 292.11 (7) (c).
AB926, s. 862 8Section 862. 94.73 (3m) (b) of the statutes is amended to read:
AB926,207,119 94.73 (3m) (b) Costs of reimbursing the department of natural resources
10environmental quality for action taken under s. 292.11 (7) (a) or 292.31 (1), (3) or (7)
11because the applicant failed to respond adequately to a discharge.
AB926, s. 863 12Section 863. 94.73 (3m) (e) of the statutes is amended to read:
AB926,207,1713 94.73 (3m) (e) Costs for corrective action taken in response to a discharge from
14a facility that is required to be licensed under s. 289.31 or that would be required to
15be licensed except that the department of natural resources environmental quality
16has issued a specific exemption under s. 289.43 or rules promulgated under s. 289.05
17(1) or (2).
AB926, s. 864 18Section 864. 94.73 (3m) (r) of the statutes is amended to read:
AB926,207,2519 94.73 (3m) (r) The cost of providing alternative sources of drinking water,
20except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible
21person who applies for reimbursement a total of not more than $50,000 for the
22replacement or restoration of private wells or for connection to a public or private
23water source if the department or the department of natural resources
24environmental quality orders the well replacement or restoration or the connection
25in response to a discharge.
AB926, s. 865
1Section 865. 94.73 (4) (b) of the statutes is amended to read:
AB926,208,152 94.73 (4) (b) Except as agreed under sub. (12), the department of agriculture,
3trade and consumer protection shall promptly furnish the department of natural
4resources
environmental quality with a copy of each work plan submitted to the
5department of agriculture, trade and consumer protection under par. (a) for comment
6by the department of natural resources environmental quality. Within 14 days after
7it receives a copy of a work plan or within a different time period agreed to under sub.
8(12), the department of natural resources environmental quality may provide the
9department of agriculture, trade and consumer protection with any comments of the
10department of natural resources environmental quality on the work plan. If the
11department of natural resources environmental quality timely submits written
12comments on a proposed work plan, the department of agriculture, trade and
13consumer protection shall either incorporate those comments into the approved work
14plan or give the department of natural resources environmental quality a written
15explanation of why the comments were not incorporated.
AB926, s. 866 16Section 866. 94.73 (9) of the statutes is amended to read:
AB926,208,2217 94.73 (9) Sampling requirements. The department, in cooperation with the
18department of natural resources environmental quality, shall establish a program
19for the collection and analysis of soil and other environmental samples at sites where
20discharges may have occurred, including sites required to be registered according to
21rules promulgated by the department of agriculture, trade and consumer protection
22under sub. (11).
AB926, s. 867 23Section 867. 94.73 (12) of the statutes is amended to read:
AB926,209,724 94.73 (12) Memorandum of understanding. The department and the
25department of natural resources environmental quality shall enter into a

1memorandum of understanding establishing their respective functions in the
2administration of this section. The memorandum of understanding shall establish
3procedures to ensure that corrective actions taken under this section are consistent
4with actions taken under s. 292.11 (7). The department and the department of
5natural resources environmental quality may request that the secretary of
6administration provide assistance in accomplishing the memorandum of
7understanding.
AB926, s. 868 8Section 868. 97.34 (2) (b) of the statutes is amended to read:
AB926,209,149 97.34 (2) (b) No person may manufacture or bottle bottled drinking water for
10sale or distribution in this state unless the bottled drinking water complies with
11state drinking water standards adopted by the department of natural resources
12environmental quality under s. 280.11, 281.15 or 281.17 (8) and with health-related
13enforcement standards adopted by the department of natural resources under ch.
14160.
AB926, s. 869 15Section 869. 97.34 (2) (d) of the statutes is amended to read:
AB926,209,1916 97.34 (2) (d) No person may manufacture or bottle bottled drinking water for
17sale or distribution in this state unless the water system used by the manufacturer
18or bottler complies with ch. 280 and rules promulgated by the department of natural
19resources
environmental quality under that chapter.
AB926, s. 870 20Section 870. 100.27 (5) (d) of the statutes is amended to read:
AB926,209,2321 100.27 (5) (d) Informs the department and the department of natural resources
22environmental quality of the collection site identified under par. (a) and the
23telephone number under par. (c).
AB926, s. 871 24Section 871. 100.295 (1) of the statutes is amended to read:
AB926,210,10
1100.295 (1) Labeling standards. The department shall establish standards
2that must be met by products in order for any person to represent that the products
3are recycled, recyclable or degradable. The department shall establish standards
4that are consistent, to the greatest extent practicable, with nationwide industry
5consensus standards. In developing standards, the department shall consult with
6the department of natural resources environmental quality and the council on
7recycling and consider purchasing specifications under s. 16.72 (2) (e) and (f) and any
8existing federal standards. The department shall give priority to establishing
9standards for specific products commonly represented as being recycled, recyclable
10or degradable.
AB926, s. 872 11Section 872. 101.143 (1) (am) of the statutes is amended to read:
AB926,210,1512 101.143 (1) (am) "Case closure letter" means a letter provided by the
13department of natural resources environmental quality that states that, based on
14information available to the department of natural resources, no further remedial
15action is necessary with respect to a discharge.
AB926, s. 873 16Section 873. 101.143 (2) (h) (intro.) of the statutes is amended to read:
AB926,210,2017 101.143 (2) (h) (intro.) The department of commerce and the department of
18natural resources environmental quality, jointly, shall promulgate rules designed to
19facilitate effective and cost-efficient administration of the program under this
20section that specify all of the following:
AB926, s. 874 21Section 874. 101.143 (2) (h) 3. of the statutes is amended to read:
AB926,210,2422 101.143 (2) (h) 3. Review procedures that must be followed by employees of the
23department of natural resources environmental quality and the department of
24commerce in reviewing the information submitted under subd. 1.
AB926, s. 875 25Section 875. 101.143 (2) (i) (intro.) of the statutes is amended to read:
AB926,211,6
1101.143 (2) (i) (intro.) The department of commerce and the department of
2natural resources environmental quality, jointly, shall promulgate rules specifying
3procedures for evaluating remedial action plans and procedures to be used by
4employees of the department of commerce and the department of natural resources
5environmental quality while remedial actions are being conducted. The
6departments shall specify procedures that include all of the following:
AB926, s. 876 7Section 876. 101.143 (2) (j) (intro.) of the statutes is amended to read:
AB926,211,108 101.143 (2) (j) (intro.) The department of commerce and the department of
9natural resources environmental quality, jointly, shall promulgate rules specifying
10all of the following:
AB926, s. 877 11Section 877. 101.143 (2) (j) 1. of the statutes is amended to read:
AB926,211,1412 101.143 (2) (j) 1. The conditions under which employees of the department of
13commerce and the department of natural resources environmental quality must
14issue approvals under sub. (3) (c) 4.
AB926, s. 878 15Section 878. 101.143 (2) (k) of the statutes is amended to read:
AB926,212,316 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of
17commerce and the department of natural resources environmental quality shall
18attempt to reach an agreement that is consistent with those provisions. If the
19department of commerce and the department of natural resources environmental
20quality
are unable to reach an agreement, they shall refer the matters on which they
21are unable to agree to the secretary of administration for resolution. The secretary
22of administration shall resolve any matters on which the departments disagree in
23a manner that is consistent with pars. (h) to (j). The department of commerce and
24the department of natural resources environmental quality, jointly, shall promulgate
25rules incorporating any agreement between the department of commerce and the

1department of natural resources environmental quality under this paragraph and
2any resolution of disagreements between the departments by the secretary of
3administration under this paragraph.
AB926, s. 879 4Section 879. 101.143 (2e) of the statutes is amended to read:
AB926,212,105 101.143 (2e) Risk-based analysis. (a) The department of commerce and the
6department of natural resources environmental quality shall attempt to agree on a
7method, which shall include individualized consideration of the routes for migration
8of petroleum product contamination at each site, for determining the risk to public
9health, safety and welfare and to the environment posed by discharges for which the
10department of commerce receives notification under sub. (3) (a) 3.
AB926,212,2011 (b) If the department of commerce and the department of natural resources
12environmental quality are unable to reach an agreement under par. (a), they shall
13refer the matters on which they are unable to agree to the secretary of administration
14for resolution. The secretary of administration shall resolve any matters on which
15the departments disagree in a manner that is consistent with par. (a). The
16department of commerce and the department of natural resources environmental
17quality
, jointly, shall promulgate rules incorporating any agreement between the
18department of commerce and the department of natural resources environmental
19quality
under par. (a) and any resolution of disagreements between the departments
20by the secretary of administration under this paragraph.
AB926,212,2521 (c) The department of natural resources environmental quality or, if the
22discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply
23the method in the rules promulgated under par. (b) to determine the risk posed by
24a discharge for which the department of commerce receives notification under sub.
25(3) (a) 3.
AB926, s. 880
1Section 880. 101.143 (2m) of the statutes is amended to read:
AB926,213,72 101.143 (2m) Interdepartmental coordination. Whenever the department of
3commerce receives a notification under sub. (3) (a) 3. or the department of natural
4resources
environmental quality receives a notification of a petroleum product
5discharge under s. 292.11, the department receiving the notification shall contact the
6other department and shall schedule a meeting of the owner or operator or person
7owning a home oil tank system and representatives of both departments.
AB926, s. 881 8Section 881. 101.143 (3) (a) 5. of the statutes is amended to read:
AB926,213,129 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in
10a timely manner to the division of emergency management in the department of
11military affairs or to the department of natural resources environmental quality,
12according to the requirements under s. 292.11.
AB926, s. 882 13Section 882. 101.143 (3) (a) 9. of the statutes is amended to read:
AB926,213,1914 101.143 (3) (a) 9. The owner or operator or the person follows standards for
15groundwater restoration in the groundwater standards in the rules promulgated by
16the department of natural resources environmental quality under ss. 160.07 and
17160.09 and restores the environment, to the extent practicable, according to those
18standards at the site of the discharge from a petroleum product storage system or
19home oil tank system.
AB926, s. 883 20Section 883. 101.143 (3) (c) 4. of the statutes is amended to read:
AB926,213,2421 101.143 (3) (c) 4. Receive written approval from the department of natural
22resources
environmental quality or, if the discharge is covered under s. 101.144 (2)
23(b), from the department of commerce that the remedial action activities performed
24under subd. 3. meet the requirements of s. 292.11.
AB926, s. 884 25Section 884. 101.143 (3) (cm) of the statutes is amended to read:
AB926,214,6
1101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person
2owning a home oil tank system may, with the approval of the department of natural
3resources
environmental quality or, if the discharge is covered under s. 101.144 (2)
4(b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by
5proposing and implementing monitoring to ensure the effectiveness of natural
6attenuation of petroleum product contamination.
AB926, s. 885 7Section 885. 101.143 (3) (cp) 1. of the statutes is amended to read:
AB926,214,138 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of
9natural resources environmental quality or, if the site is covered under s. 101.144 (2)
10(b), the department of commerce estimates that the cost to complete a site
11investigation, remedial action plan and remedial action for an occurrence exceeds
12$60,000, the department of commerce shall implement a competitive public bidding
13process to obtain information to assist in making the determination under par. (cs).
AB926, s. 886 14Section 886. 101.143 (3) (cp) 2. of the statutes is amended to read:
AB926,214,1915 101.143 (3) (cp) 2. The department of commerce or the department of natural
16resources
environmental quality may waive the requirement under subd. 1. if an
17enforcement standard is exceeded in groundwater within 1,000 feet of a well
18operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other
19well used to provide water for human consumption.
AB926, s. 887 20Section 887. 101.143 (3) (cp) 5. of the statutes is amended to read:
AB926,214,2321 101.143 (3) (cp) 5. The department of commerce or the department of natural
22resources
environmental quality may waive the requirement under subd. 1. after
23providing notice to the other department.
AB926, s. 888 24Section 888. 101.143 (3) (cs) 2. of the statutes is amended to read:
AB926,215,8
1101.143 (3) (cs) 2. The department of natural resources environmental quality
2and the department of commerce shall review the remedial action plan for a site that
3is classified as high risk under s. 101.144 and shall jointly determine the least costly
4method of complying with par. (c) 3. and with enforcement standards. The
5departments shall notify the owner or operator of their determination of the least
6costly method and shall notify the owner or operator that reimbursement for
7remedial action under this section is limited to the amount necessary to implement
8that method.
AB926, s. 889 9Section 889. 101.143 (3) (cs) 3. of the statutes is amended to read:
AB926,215,1310 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the
11department of natural resources environmental quality and the department of
12commerce shall determine whether natural attenuation will achieve compliance
13with par. (c) 3. and with enforcement standards.
AB926, s. 890 14Section 890. 101.143 (3) (cs) 4. of the statutes is amended to read:
AB926,215,2115 101.143 (3) (cs) 4. The department of commerce may review and modify an
16amount established under subd. 1. if the department determines that new
17circumstances, including newly discovered contamination at a site, warrant those
18actions. The department of commerce and the department of natural resources
19environmental quality may review and modify an amount established under subd.
202. if the departments determine that new circumstances, including newly discovered
21contamination at a site, warrant those actions.
AB926, s. 891 22Section 891. 101.143 (3) (cw) 2. of the statutes is amended to read:
AB926,216,623 101.143 (3) (cw) 2. The department of natural resources environmental quality
24and the department of commerce shall conduct the annual review required under
25sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 and shall jointly

1determine the least costly method of completing remedial action at the site in order
2to comply with par. (c) 3. and with enforcement standards. The departments shall
3notify the owner or operator of their determination of the least costly method and
4shall notify the owner or operator that reimbursement under this section for
5remedial action conducted after the date of the notice is limited to the amount
6necessary to implement that method.
AB926, s. 892 7Section 892. 101.143 (3) (cw) 3. of the statutes is amended to read:
AB926,216,118 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the
9department of natural resources environmental quality and the department of
10commerce shall determine whether natural attenuation will achieve compliance
11with par. (c) 3. and with enforcement standards.
AB926, s. 893 12Section 893. 101.143 (3) (cw) 4. of the statutes is amended to read:
AB926,216,1913 101.143 (3) (cw) 4. The department of commerce may review and modify an
14amount established under subd. 1. if the department determines that new
15circumstances, including newly discovered contamination at a site, warrant those
16actions. The department of commerce and the department of natural resources
17environmental quality may review and modify an amount established under subd.
182. if the departments determine that new circumstances, including newly discovered
19contamination at a site, warrant those actions.
AB926, s. 894 20Section 894. 101.143 (3) (d) of the statutes is amended to read:
AB926,216,2521 101.143 (3) (d) Final review of remedial action activities. The department of
22natural resources environmental quality or, if the discharge is covered under s.
23101.144 (2) (b), the department of commerce shall complete a final review of the
24remedial action activities within 60 days after the claimant notifies the appropriate
25department that the remedial action activities are completed.
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