AB926: Bill Text

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.

AB926, s. 896 Section 896. 101.143 (3) (f) 5. of the statutes is amended to read:

AB926,217,7 101.143 (3) (f) 5. The written approval of the department of natural resources environmental quality or the department of commerce under par. (c) 4.

AB926, s. 897 Section 897. 101.143 (3) (g) of the statutes is amended to read:

AB926,217,18 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of commerce and the department of natural resources environmental quality of the emergency and the department of commerce and the department of natural resources environmental quality authorized emergency action.

AB926, s. 898 Section 898. 101.143 (4) (ei) 2m. of the statutes is amended to read:

AB926,217,24 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce or department of natural resources environmental quality indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB926, s. 899 Section 899. 101.143 (4) (es) 1. of the statutes is amended to read:

AB926,218,7 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce or the department of natural resources environmental quality and no discharge or contamination is found.

AB926, s. 900 Section 900. 101.143 (11) (intro.) of the statutes is amended to read:

AB926,218,14 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the department of commerce and the department of natural resources environmental quality shall submit to the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

AB926, s. 901 Section 901. 101.144 (2) (a) of the statutes is amended to read:

AB926,218,24 101.144 (2) (a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources environmental quality for the cleanup of discharges of hazardous substances.

AB926, s. 902 Section 902. 101.144 (3) (intro.) of the statutes is amended to read:

AB926,219,4 101.144 (3) (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 that is covered under sub. (2) (b) only if one or more of the following apply:

AB926, s. 903 Section 903. 101.144 (3) (b) of the statutes is amended to read:

AB926,219,7 101.144 (3) (b) The department of commerce requests the department of natural resources environmental quality to take the action or issue the order.

AB926, s. 904 Section 904. 101.144 (3) (c) of the statutes is amended to read:

AB926,219,10 101.144 (3) (c) The secretary of natural resources environmental quality approves the action or order in advance after notice to the secretary of commerce.

AB926, s. 905 Section 905. 101.144 (3) (d) of the statutes is amended to read:

AB926,219,14 101.144 (3) (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. 906 Section 906. 101.144 (3) (e) of the statutes is amended to read:

AB926,219,18 101.144 (3) (e) The department of natural resources environmental quality takes the action under s. 292.11 (7) (a) because the identity of the responsible person is unknown.

AB926, s. 907 Section 907. 101.144 (3g) (a) of the statutes is amended to read:

AB926,220,12 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources environmental quality shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. 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 this paragraph. The department of commerce 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. 908 Section 908. 101.144 (3m) (a) (intro.) of the statutes is amended to read:

AB926,220,16 101.144 (3m) (a) (intro.) The department of commerce and the department of natural resources environmental quality shall enter into a memorandum of understanding that does all of the following:

AB926, s. 909 Section 909. 101.144 (3m) (b) of the statutes is amended to read:

AB926,220,22 101.144 (3m) (b) The department of commerce and the department of natural resources environmental quality shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB926, s. 910 Section 910. 101.653 (6m) of the statutes is amended to read:

AB926,221,5 101.653 (6m) Review. The department and the department of natural resources environmental quality shall enter into a memorandum of agreement that establishes a process for reviewing the standards established under sub. (2), periodically updating those standards and reviewing the training program. The memorandum of understanding shall ensure that local officials and other persons interested in the standards established under sub. (2) and the training program may participate in the process.

AB926, s. 911 Section 911. 107.15 (2) (b) of the statutes is amended to read:

AB926,221,11 107.15 (2) (b) "Licensee" means any person licensed to conduct exploration activities by the department of natural resources environmental quality under s. 293.21. If the person is a corporation or limited liability company, "licensee" includes the parent and any subsidiary or affiliates of the corporation or limited liability company engaged in mining or activities related to mining in this state.

AB926, s. 912 Section 912. 107.15 (6) (c) 2. of the statutes is amended to read:

AB926,221,22 107.15 (6) (c) 2. By the secretary of the department of natural resources environmental quality for purposes of specific environmental analysis and permit application evaluation and by the secretary of the department of revenue provided that the confidential information shall not be released by either the department of revenue or the department of natural resources environmental quality, that the departments of revenue and natural resources environmental quality shall establish procedures to keep any confidential information confidential, and that the responsible person or persons in each department shall be subject to the penalty specified under this paragraph for the unauthorized release of confidential information.

AB926, s. 913 Section 913. 110.20 (4) of the statutes is amended to read:

AB926,222,2 110.20 (4) Departmental cooperation. The department shall consult and cooperate with the department of natural resources environmental quality in order to efficiently and fairly establish and administer the program established under this section.

AB926, s. 914 Section 914. 110.20 (8) (am) 5. of the statutes is amended to read:

AB926,222,7 110.20 (8) (am) 5. No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources environmental quality.

AB926, s. 915 Section 915. 110.20 (8) (d) of the statutes is amended to read:

AB926,222,12 110.20 (8) (d) No inspection station may be established within 0.5 mile of an air monitoring station which reported a violation during the period from 1976 to 1979 of the carbon monoxide primary national ambient air quality standard as defined by the department of natural resources environmental quality.

AB926, s. 916 Section 916. 110.20 (13) (b) of the statutes is amended to read:

AB926,222,16 110.20 (13) (b) The department of natural resources environmental quality shall, by rule, establish the amount of the repair cost limit to equal the amount required under 42 USC 7511a (b) 4. or (c) (3) (C).