AB40: Bill Text

AB40,1647 Section 1647. 101.143 (2e) (title) of the statutes is renumbered 292.63 (2e) (title).

AB40,1648 Section 1648. 101.143 (2e) (a) of the statutes is renumbered 292.63 (2e) (a) and amended to read:

AB40,780,7 292.63 (2e) (a) The department of safety and professional services and the department of natural resources shall attempt to agree on promulgate rules that specify 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 safety and professional services receives notification under sub. (3) (a) 3.

AB40,1649 Section 1649. 101.143 (2e) (b) of the statutes is repealed.

AB40,1650 Section 1650. 101.143 (2e) (c) of the statutes is renumbered 292.63 (2e) (c) and amended to read:

AB40,780,15 292.63 (2e) (c) The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services shall apply the method in the rules promulgated under par. (b) (a) to determine the risk posed by a discharge for which the department of safety and professional services receives notification under sub. (3) (a) 3.

AB40,1651 Section 1651. 101.143 (2m) of the statutes is repealed.

AB40,1652 Section 1652. 101.143 (3) (title) and (a) of the statutes are renumbered 292.63 (3) (title) and (a), and 292.63 (3) (a) 4., 5. and 9., as renumbered, are amended to read:

AB40,780,21 292.63 (3) (a) 4. The owner or operator registers the petroleum product storage system or the home oil tank system is registered with the department of agriculture, trade and consumer protection under s. 101.09 168.23.

AB40,780,24 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, according to the requirements under s. 292.11.

AB40,781,5 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 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.

AB40,1653 Section 1653. 101.143 (3) (ae) of the statutes is renumbered 292.63 (3) (ae) and amended to read:

AB40,781,15 292.63 (3) (ae) New systems. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by of the department of agriculture, trade and consumer protection relating to underground petroleum product storage tank systems installed after December 22, 1988, if the discharge is confirmed after December 31, 1995.

AB40,1654 Section 1654. 101.143 (3) (ah) of the statutes is renumbered 292.63 (3) (ah) and amended to read:

AB40,781,25 292.63 (3) (ah) New aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by of the department of agriculture, trade and consumer protection relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, if the discharge is confirmed after December 22, 2001.

AB40,1655 Section 1655. 101.143 (3) (am) of the statutes is renumbered 292.63 (3) (am) and amended to read:

AB40,782,13 292.63 (3) (am) Upgraded underground systems. 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system if the discharge is confirmed after December 31, 1995, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by of the department of agriculture, trade and consumer protection relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in subd. 2.

AB40,783,3 2. If an underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by of the department of agriculture, trade and consumer protection relating to the upgrading of existing underground petroleum product storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the underground petroleum product storage tank system or home oil tank system within 30 days after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements.

AB40,1656 Section 1656. 101.143 (3) (ap) of the statutes is renumbered 292.63 (3) (ap) and amended to read:

AB40,783,15 292.63 (3) (ap) Upgraded aboveground systems. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system if the discharge is confirmed after December 22, 2001, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system first meets the upgrading requirements in rules promulgated by of the department of agriculture, trade and consumer protection relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems.

AB40,1657 Section 1657. 101.143 (3) (av) of the statutes is renumbered 292.63 (3) (av) and amended to read:

AB40,783,24 292.63 (3) (av) Claims submitted for petroleum product storage systems on tribal trust lands. The owner or operator of a petroleum product storage system located on trust lands of an American Indian tribe may submit a claim for an award under sub. (4) if the owner or operator otherwise satisfies par. (a) and complies with the rules promulgated under this section and any other rules promulgated by of the department of agriculture, trade and consumer protection concerning petroleum product storage systems.

AB40,1658 Section 1658. 101.143 (3) (b), (bm) and (bn) of the statutes are renumbered 292.63 (3) (b), (bm) and (bn).

AB40,1659 Section 1659. 101.143 (3) (c) of the statutes is renumbered 292.63 (3) (c), and 292.63 (3) (c) 4., as renumbered, is amended to read:

AB40,784,8 292.63 (3) (c) 4. Receive written approval from the department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), from the department of safety and professional services that the remedial action activities performed under subd. 3. meet the requirements of s. 292.11.

AB40,1660 Section 1660. 101.143 (3) (cm) of the statutes is renumbered 292.63 (3) (cm) and amended to read:

AB40,784,16 292.63 (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 or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services, 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.

AB40,1661 Section 1661. 101.143 (3) (cp) of the statutes is renumbered 292.63 (3) (cp) and amended to read:

AB40,784,25 292.63 (3) (cp) Bidding process. 1. Except as provided in subds. 2. to 5. and 5., if the department of natural resources or, if the site is covered under s. 101.144 (2) (b), the department of safety and professional services estimates that the cost to complete a site investigation, remedial action plan and remedial action for an occurrence exceeds $60,000, the department of safety and professional services shall implement a competitive public bidding process to obtain information to assist in making the determination under par. (cs).

AB40,785,5 2. The department of safety and professional services or the department of natural resources 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.

AB40,785,8 5. The department of safety and professional services or the department of natural resources may waive the requirement under subd. 1. after providing notice to the other department secretary of administration.

AB40,785,13 6. The department of safety and professional services may disqualify a bid received under subd. 1. if, based on information available to the department and experience with remedial action at other sites, the bid is unlikely to establish an amount to sufficiently fund remedial action that will comply with par. (c) 3. and with enforcement standards.

AB40,785,17 7. The department of safety and professional services may disqualify a person from submitting bids under subd. 1. if, based on past performance of the bidder, the department determines that the person has demonstrated an inability to complete remedial action within established cost limits.

AB40,1662 Section 1662. 101.143 (3) (cs) (title) of the statutes is renumbered 292.63 (3) (cs) (title).

AB40,1663 Section 1663. 101.143 (3) (cs) 1. of the statutes is renumbered 292.63 (3) (cs) 1. and amended to read:

AB40,786,3 292.63 (3) (cs) 1. The department of safety and professional services shall review the remedial action plan for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its 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.

AB40,1664 Section 1664. 101.143 (3) (cs) 2. of the statutes is repealed.

AB40,1665 Section 1665. 101.143 (3) (cs) 3. of the statutes is renumbered 292.63 (3) (cs) 3. and amended to read:

AB40,786,10 292.63 (3) (cs) 3. In making determinations under subds. subd. 1. and 2., the department of natural resources and the department of safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40,1666 Section 1666. 101.143 (3) (cs) 4. of the statutes is renumbered 292.63 (3) (cs) 4. and amended to read:

AB40,786,19 292.63 (3) (cs) 4. The department of safety and professional services 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 safety and professional services and the department of natural resources 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.

AB40,1667 Section 1667. 101.143 (3) (cw) (title) of the statutes is renumbered 292.63 (3) (cw) (title).

AB40,1668 Section 1668. 101.143 (3) (cw) 1. of the statutes is renumbered 292.63 (3) (cw) 1. and amended to read:

AB40,787,6 292.63 (3) (cw) 1. The department of safety and professional services shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium risk under s. 101.144 and shall 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 department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB40,1669 Section 1669. 101.143 (3) (cw) 2. of the statutes is repealed.

AB40,1670 Section 1670. 101.143 (3) (cw) 3. of the statutes is renumbered 292.63 (3) (cw) 3. and amended to read:

AB40,787,13 292.63 (3) (cw) 3. In making determinations under subds. subd. 1. and 2., the department of natural resources and the department of safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40,1671 Section 1671. 101.143 (3) (cw) 4. of the statutes is renumbered 292.63 (3) (cw) 4. and amended to read:

AB40,787,22 292.63 (3) (cw) 4. The department of safety and professional services 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 safety and professional services and the department of natural resources 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.

AB40,1672 Section 1672. 101.143 (3) (d) of the statutes is renumbered 292.63 (3) (d) and amended to read:

AB40,788,5 292.63 (3) (d) Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of safety and professional services 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.

AB40,1673 Section 1673. 101.143 (3) (e) of the statutes is repealed.

AB40,1674 Section 1674. 101.143 (3) (f) of the statutes is renumbered 292.63 (3) (f), and 292.63 (3) (f) 5., as renumbered, is amended to read:

AB40,788,10 292.63 (3) (f) 5. The written approval of the department of natural resources or the department of safety and professional services under par. (c) 4.

AB40,1675 Section 1675. 101.143 (3) (g) of the statutes is renumbered 292.63 (3) (g) and amended to read:

AB40,788,22 292.63 (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 safety and professional services and the department of natural resources of the emergency and the department of safety and professional services and the department of natural resources authorized emergency action.

AB40,1676 Section 1676. 101.143 (3) (h) of the statutes is renumbered 292.63 (3) (h).

AB40,1677 Section 1677. 101.143 (4) (title) of the statutes is renumbered 292.63 (4) (title).

AB40,1678 Section 1678. 101.143 (4) (a) of the statutes is renumbered 292.63 (4) (a), and 292.63 (4) (a) 6. and 7., as renumbered, are amended to read:

AB40,789,5 292.63 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.165 (2) (v) 20.370 (2) (eu) as awards for petroleum product storage systems described in par. (ei).

AB40,789,9 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.165 (2) (v) 20.370 (2) (eu) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB40,1679 Section 1679. 101.143 (4) (b) of the statutes is renumbered 292.63 (4) (b).

AB40,1680 Section 1680. 101.143 (4) (c) of the statutes is renumbered 292.63 (4) (c), and 292.63 (4) (c) 12., as renumbered, is amended to read:

AB40,789,15 292.63 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.

AB40,1681 Section 1681. 101.143 (4) (cc) of the statutes is renumbered 292.63 (4) (cc).

AB40,1682 Section 1682. 101.143 (4) (ce) of the statutes is renumbered 292.63 (4) (ce).

AB40,1683 Section 1683. 101.143 (4) (cm) of the statutes is renumbered 292.63 (4) (cm).

AB40,1684 Section 1684. 101.143 (4) (d) of the statutes is renumbered 292.63 (4) (d).

AB40,1685 Section 1685. 101.143 (4) (dg) of the statutes is renumbered 292.63 (4) (dg).

AB40,1686 Section 1686. 101.143 (4) (di) of the statutes is renumbered 292.63 (4) (di).

AB40,1687 Section 1687. 101.143 (4) (dm) of the statutes is renumbered 292.63 (4) (dm).

AB40,1688 Section 1688. 101.143 (4) (dr) of the statutes is renumbered 292.63 (4) (dr).

AB40,1689 Section 1689. 101.143 (4) (e) of the statutes is renumbered 292.63 (4) (e).

AB40,1690 Section 1690. 101.143 (4) (ee) of the statutes is renumbered 292.63 (4) (ee).

AB40,1691 Section 1691. 101.143 (4) (ei) of the statutes is renumbered 292.63 (4) (ei), and 292.63 (4) (ei) 1m. a. and b. and 2m., as renumbered, are amended to read:

AB40,790,13 292.63 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB40,790,25 b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB40,791,5 2m. The owner or operator of the farm tank has received a letter or notice from the department of safety and professional services or department of natural resources 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.

AB40,1692 Section 1692. 101.143 (4) (em) of the statutes is renumbered 292.63 (4) (em).

AB40,1693 Section 1693. 101.143 (4) (es) of the statutes is renumbered 292.63 (4) (es), and 292.63 (4) (es) 1., as renumbered, is amended to read:

AB40,791,15 292.63 (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 safety and professional services or the department of natural resources and no discharge or contamination is found.

AB40,1694 Section 1694. 101.143 (4) (f) of the statutes is renumbered 292.63 (4) (f).