AB926: Bill Text

AB926,205,12 94.73 (1) (b) "Corrective action" means action that is taken in response to a discharge 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 or waters of this state. "Corrective action" includes action taken or ordered by the department of natural resources environmental quality under s. 292.11 (7) in response to a discharge, but does not include action ordered by the department of natural resources environmental quality under s. 291.37 (2) or 291.95. "Corrective action" does not include action taken, or ordered to be completed, before January 1, 1989.

AB926, s. 853 Section 853. 94.73 (2) (a) of the statutes is amended to read:

AB926,205,19 94.73 (2) (a) The department may issue an order requiring a responsible person to take corrective action. Except as provided in a memorandum of understanding under sub. (12), if a discharge involves a hazardous substance that may also become a hazardous waste, the department and the department of natural resources environmental quality shall consult to determine whether corrective action should be taken under this section or s. 291.37 (2), 291.95 (1) or 292.31 (3).

AB926, s. 854 Section 854. 94.73 (2m) (intro.) of the statutes is amended to read:

AB926,205,25 94.73 (2m) Corrective action ordered by the department of natural resources environmental quality. (intro.) The department of natural resources environmental quality may take action under s. 292.11 (7) (a) or may issue an order under s. 292.11 (7) (c) in response to a discharge only if one or more of the following apply:

AB926, s. 855 Section 855. 94.73 (2m) (b) of the statutes is amended to read:

AB926,206,4 94.73 (2m) (b) The department of agriculture, trade and consumer protection requests the department of natural resources environmental quality to take the action or issue the order.

AB926, s. 856 Section 856. 94.73 (2m) (c) of the statutes is amended to read:

AB926,206,8 94.73 (2m) (c) The secretary of natural resources environmental quality approves the action or order in advance after notice to the secretary of agriculture, trade and consumer protection.

AB926, s. 857 Section 857. 94.73 (2m) (d) of the statutes is amended to read:

AB926,206,12 94.73 (2m) (d) The department of natural resources environmental quality takes action under s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.

AB926, s. 858 Section 858. 94.73 (2m) (e) of the statutes is amended to read:

AB926,206,18 94.73 (2m) (e) The department of natural resources environmental quality takes the action or issues the order in compliance with a memorandum of understanding under sub. (12) between the department of agriculture, trade and consumer protection and the department of natural resources environmental quality.

AB926, s. 859 Section 859. 94.73 (3) (d) of the statutes is amended to read:

AB926,206,22 94.73 (3) (d) The applicant has complied with every corrective action order issued to the applicant by the department under sub. (2) or the department of natural resources environmental quality under s. 292.11 (7) (c).

AB926, s. 860 Section 860. 94.73 (3) (f) of the statutes is amended to read:

AB926,207,2 94.73 (3) (f) The applicant, upon discovery of the discharge, promptly reported the discharge to the department or, if the applicant was required to report the discharge under s. 292.11 (2), to the department of natural resources environmental quality.

AB926, s. 861 Section 861. 94.73 (3m) (a) of the statutes is amended to read:

AB926,207,7 94.73 (3m) (a) Costs for corrective action taken in response to a discharge that is an intentional use of an agricultural chemical for agricultural purposes, unless the corrective action is ordered by the department under sub. (2) or by the department of natural resources environmental quality under s. 292.11 (7) (c).

AB926, s. 862 Section 862. 94.73 (3m) (b) of the statutes is amended to read:

AB926,207,11 94.73 (3m) (b) Costs of reimbursing the department of natural resources environmental quality for action taken under s. 292.11 (7) (a) or 292.31 (1), (3) or (7) because the applicant failed to respond adequately to a discharge.

AB926, s. 863 Section 863. 94.73 (3m) (e) of the statutes is amended to read:

AB926,207,17 94.73 (3m) (e) Costs for corrective action taken in response to a discharge from a facility that is required to be licensed under s. 289.31 or that would be required to be licensed except that the department of natural resources environmental quality has issued a specific exemption under s. 289.43 or rules promulgated under s. 289.05 (1) or (2).

AB926, s. 864 Section 864. 94.73 (3m) (r) of the statutes is amended to read:

AB926,207,25 94.73 (3m) (r) The cost of providing alternative sources of drinking water, except that, subject to sub. (6) (b) to (f), the department may reimburse a responsible person who applies for reimbursement a total of not more than $50,000 for the replacement or restoration of private wells or for connection to a public or private water source if the department or the department of natural resources environmental quality orders the well replacement or restoration or the connection in response to a discharge.

AB926, s. 865 Section 865. 94.73 (4) (b) of the statutes is amended to read:

AB926,208,15 94.73 (4) (b) Except as agreed under sub. (12), the department of agriculture, trade and consumer protection shall promptly furnish the department of natural resources environmental quality with a copy of each work plan submitted to the department of agriculture, trade and consumer protection under par. (a) for comment by the department of natural resources environmental quality. Within 14 days after it receives a copy of a work plan or within a different time period agreed to under sub. (12), the department of natural resources environmental quality may provide the department of agriculture, trade and consumer protection with any comments of the department of natural resources environmental quality on the work plan. If the department of natural resources environmental quality timely submits written comments on a proposed work plan, the department of agriculture, trade and consumer protection shall either incorporate those comments into the approved work plan or give the department of natural resources environmental quality a written explanation of why the comments were not incorporated.

AB926, s. 866 Section 866. 94.73 (9) of the statutes is amended to read:

AB926,208,22 94.73 (9) Sampling requirements. The department, in cooperation with the department of natural resources environmental quality, shall establish a program for the collection and analysis of soil and other environmental samples at sites where discharges may have occurred, including sites required to be registered according to rules promulgated by the department of agriculture, trade and consumer protection under sub. (11).

AB926, s. 867 Section 867. 94.73 (12) of the statutes is amended to read:

AB926,209,7 94.73 (12) Memorandum of understanding. The department and the department of natural resources environmental quality shall enter into a memorandum of understanding establishing their respective functions in the administration of this section. The memorandum of understanding shall establish procedures to ensure that corrective actions taken under this section are consistent with actions taken under s. 292.11 (7). The department and the department of natural resources environmental quality may request that the secretary of administration provide assistance in accomplishing the memorandum of understanding.

AB926, s. 868 Section 868. 97.34 (2) (b) of the statutes is amended to read:

AB926,209,14 97.34 (2) (b) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the bottled drinking water complies with state drinking water standards adopted by the department of natural resources environmental quality under s. 280.11, 281.15 or 281.17 (8) and with health-related enforcement standards adopted by the department of natural resources under ch. 160.

AB926, s. 869 Section 869. 97.34 (2) (d) of the statutes is amended to read:

AB926,209,19 97.34 (2) (d) No person may manufacture or bottle bottled drinking water for sale or distribution in this state unless the water system used by the manufacturer or bottler complies with ch. 280 and rules promulgated by the department of natural resources environmental quality under that chapter.

AB926, s. 870 Section 870. 100.27 (5) (d) of the statutes is amended to read:

AB926,209,23 100.27 (5) (d) Informs the department and the department of natural resources environmental quality of the collection site identified under par. (a) and the telephone number under par. (c).

AB926, s. 871 Section 871. 100.295 (1) of the statutes is amended to read:

AB926,210,10 100.295 (1) Labeling standards. The department shall establish standards that must be met by products in order for any person to represent that the products are recycled, recyclable or degradable. The department shall establish standards that are consistent, to the greatest extent practicable, with nationwide industry consensus standards. In developing standards, the department shall consult with the department of natural resources environmental quality and the council on recycling and consider purchasing specifications under s. 16.72 (2) (e) and (f) and any existing federal standards. The department shall give priority to establishing standards for specific products commonly represented as being recycled, recyclable or degradable.

AB926, s. 872 Section 872. 101.143 (1) (am) of the statutes is amended to read:

AB926,210,15 101.143 (1) (am) "Case closure letter" means a letter provided by the department of natural resources environmental quality that states that, based on information available to the department of natural resources, no further remedial action is necessary with respect to a discharge.

AB926, s. 873 Section 873. 101.143 (2) (h) (intro.) of the statutes is amended to read:

AB926,210,20 101.143 (2) (h) (intro.) The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules designed to facilitate effective and cost-efficient administration of the program under this section that specify all of the following:

AB926, s. 874 Section 874. 101.143 (2) (h) 3. of the statutes is amended to read:

AB926,210,24 101.143 (2) (h) 3. Review procedures that must be followed by employees of the department of natural resources environmental quality and the department of commerce in reviewing the information submitted under subd. 1.

AB926, s. 875 Section 875. 101.143 (2) (i) (intro.) of the statutes is amended to read:

AB926,211,6 101.143 (2) (i) (intro.) The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules specifying procedures for evaluating remedial action plans and procedures to be used by employees of the department of commerce and the department of natural resources environmental quality while remedial actions are being conducted. The departments shall specify procedures that include all of the following:

AB926, s. 876 Section 876. 101.143 (2) (j) (intro.) of the statutes is amended to read:

AB926,211,10 101.143 (2) (j) (intro.) The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules specifying all of the following:

AB926, s. 877 Section 877. 101.143 (2) (j) 1. of the statutes is amended to read:

AB926,211,14 101.143 (2) (j) 1. The conditions under which employees of the department of commerce and the department of natural resources environmental quality must issue approvals under sub. (3) (c) 4.

AB926, s. 878 Section 878. 101.143 (2) (k) of the statutes is amended to read:

AB926,212,3 101.143 (2) (k) In promulgating rules under pars. (h) to (j), the department of commerce and the department of natural resources environmental quality shall attempt to reach an agreement that is consistent with those provisions. If the department of commerce and the department of natural resources environmental quality are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with pars. (h) to (j). The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental quality under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB926, s. 879 Section 879. 101.143 (2e) of the statutes is amended to read:

AB926,212,10 101.143 (2e) Risk-based analysis. (a) The department of commerce and the department of natural resources environmental quality shall attempt to agree on a method, which shall include individualized consideration of the routes for migration of petroleum product contamination at each site, for determining the risk to public health, safety and welfare and to the environment posed by discharges for which the department of commerce receives notification under sub. (3) (a) 3.

AB926,212,20 (b) If the department of commerce and the department of natural resources environmental quality are unable to reach an agreement under par. (a), they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with par. (a). The department of commerce and the department of natural resources environmental quality, jointly, shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources environmental quality under par. (a) and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB926,212,25 (c) The department of natural resources environmental quality or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall apply the method in the rules promulgated under par. (b) to determine the risk posed by a discharge for which the department of commerce receives notification under sub. (3) (a) 3.

AB926, s. 880 Section 880. 101.143 (2m) of the statutes is amended to read:

AB926,213,7 101.143 (2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under sub. (3) (a) 3. or the department of natural resources environmental quality receives a notification of a petroleum product discharge under s. 292.11, the department receiving the notification shall contact the other department and shall schedule a meeting of the owner or operator or person owning a home oil tank system and representatives of both departments.

AB926, s. 881 Section 881. 101.143 (3) (a) 5. of the statutes is amended to read:

AB926,213,12 101.143 (3) (a) 5. The owner or operator or the person reports the discharge in a timely manner to the division of emergency management in the department of military affairs or to the department of natural resources environmental quality, according to the requirements under s. 292.11.

AB926, s. 882 Section 882. 101.143 (3) (a) 9. of the statutes is amended to read:

AB926,213,19 101.143 (3) (a) 9. The owner or operator or the person follows standards for groundwater restoration in the groundwater standards in the rules promulgated by the department of natural resources environmental quality under ss. 160.07 and 160.09 and restores the environment, to the extent practicable, according to those standards at the site of the discharge from a petroleum product storage system or home oil tank system.

AB926, s. 883 Section 883. 101.143 (3) (c) 4. of the statutes is amended to read:

AB926,213,24 101.143 (3) (c) 4. Receive written approval from the department of natural resources environmental quality or, if the discharge is covered under s. 101.144 (2) (b), from the department of commerce that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

AB926, s. 884 Section 884. 101.143 (3) (cm) of the statutes is amended to read:

AB926,214,6 101.143 (3) (cm) Monitoring as remedial action. An owner or operator or person owning a home oil tank system may, with the approval of the department of natural resources environmental quality or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce, satisfy the requirements of par. (c) 2. and 3. by proposing and implementing monitoring to ensure the effectiveness of natural attenuation of petroleum product contamination.

AB926, s. 885 Section 885. 101.143 (3) (cp) 1. of the statutes is amended to read:

AB926,214,13 101.143 (3) (cp) 1. Except as provided in subds. 2. to 5., if the department of natural resources environmental quality or, if the site is covered under s. 101.144 (2) (b), the department of commerce estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of commerce shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB926, s. 886 Section 886. 101.143 (3) (cp) 2. of the statutes is amended to read:

AB926,214,19 101.143 (3) (cp) 2. The department of commerce or the department of natural resources environmental quality may waive the requirement under subd. 1. if an enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

AB926, s. 887 Section 887. 101.143 (3) (cp) 5. of the statutes is amended to read:

AB926,214,23 101.143 (3) (cp) 5. The department of commerce or the department of natural resources environmental quality may waive the requirement under subd. 1. after providing notice to the other department.

AB926, s. 888 Section 888. 101.143 (3) (cs) 2. of the statutes is amended to read:

AB926,215,8 101.143 (3) (cs) 2. The department of natural resources environmental quality and the department of commerce shall review the remedial action plan for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of complying with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method.

AB926, s. 889 Section 889. 101.143 (3) (cs) 3. of the statutes is amended to read:

AB926,215,13 101.143 (3) (cs) 3. In making determinations under subds. 1. and 2., the department of natural resources environmental quality and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB926, s. 890 Section 890. 101.143 (3) (cs) 4. of the statutes is amended to read:

AB926,215,21 101.143 (3) (cs) 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce and the department of natural resources environmental quality may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB926, s. 891 Section 891. 101.143 (3) (cw) 2. of the statutes is amended to read:

AB926,216,6 101.143 (3) (cw) 2. The department of natural resources environmental quality and the department of commerce shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement under this section for remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB926, s. 892 Section 892. 101.143 (3) (cw) 3. of the statutes is amended to read:

AB926,216,11 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the department of natural resources environmental quality and the department of commerce shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB926, s. 893 Section 893. 101.143 (3) (cw) 4. of the statutes is amended to read:

AB926,216,19 101.143 (3) (cw) 4. The department of commerce may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce and the department of natural resources environmental quality may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB926, s. 894 Section 894. 101.143 (3) (d) of the statutes is amended to read:

AB926,216,25 101.143 (3) (d) Final review of remedial action activities. The department of natural resources environmental quality or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

AB926, s. 895 Section 895. 101.143 (3) (e) of the statutes is amended to read:

AB926,217,4 101.143 (3) (e) Notifications. The department of natural resources environmental quality shall notify the department when it gives a claimant written approval under par. (c) 4.