101.143(1)(am)
(am) "Case closure letter" means a letter provided by the department of natural resources that states that, based on information available to the department of natural resources, no further remedial action is necessary with respect to a discharge.
101.143(1)(cm)
(cm) "Home oil tank system" means an underground home heating oil tank used for consumptive use on the premises together with any on-site integral piping or dispensing system.
101.143(1)(cs)
(cs) "Occurrence" means a contiguous contaminated area resulting from one or more petroleum products discharges.
101.143(1)(d)1.
1. A person who operates a petroleum product storage system, regardless of whether the system remains in operation and regardless of whether the person operates or permits the use of the system at the time environmental pollution occurs.
101.143(1)(d)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
101.143(1)(e)1.
1. A person who owns, or has possession or control of, a petroleum product storage system, or who receives direct or indirect consideration from the operation of a system regardless of whether the system remains in operation and regardless of whether the person owns or receives consideration at the time environmental pollution occurs.
101.143(1)(e)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
101.143(1)(f)
(f) "Petroleum product" means gasoline, gasoline-alcohol fuel blends, kerosene, fuel oil, burner oil, diesel fuel oil or used motor oil.
101.143(1)(fg)
(fg) "Petroleum product storage system" means a storage tank that is located in this state and is used to store petroleum products together with any on-site integral piping or dispensing system. The term does not include pipeline facilities; tanks of 110 gallons or less capacity; residential tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale; farm tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale, except as provided in
sub. (4) (ei); tanks used for storing heating oil for consumptive use on the premises where stored, except for heating oil tanks owned by school districts and heating oil tanks owned by technical college districts and except as provided in
sub. (4) (ei); or tanks owned by this state or the federal government.
101.143(1)(g)
(g) "Program year" means the period beginning on August 1, and ending on the following July 31.
101.143(1)(gm)
(gm) "Property damage" does not include those liabilities which are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems.
101.143(1)(gs)
(gs) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which a claim for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
101.143(1)(h)
(h) "Subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a petroleum product storage system site.
101.143(1)(hm)
(hm) "Terminal" means a petroleum product storage system that is itself connected to a pipeline facility, as defined in 49 USC Appendix 2001 (4) or is one of a number of connected petroleum product storage systems at least one of which is connected to a pipeline facility, as defined in 49 USC Appendix 2001 (4).
101.143(1)(i)
(i) "Underground petroleum product storage tank system" means an underground storage tank used for storing petroleum products together with any on-site integral piping or dispensing system with at least 10% of its total volume below the surface of the ground.
101.143(1m)
(1m) Rules concerning 3rd-party compensation. The commissioner of insurance shall promulgate rules defining "liabilities which are excluded from coverage in liability insurance policies for bodily injury" and "liabilities which are excluded from coverage in liability insurance policies for property damage" for the purposes of
sub. (1) (ad) and
(gm). The definitions shall be consistent with standard insurance industry practices.
101.143(2)
(2) Powers and duties of the department. 101.143(2)(b)(b) The department shall promote the program under this section to persons who may be eligible for awards under this section.
101.143(2)(c)
(c) The department shall keep records and statistics on the program under this section and shall periodically evaluate the effectiveness of the program.
101.143(2)(d)
(d) The department shall reserve a portion, not to exceed 20%, of the amount annually appropriated under
s. 20.143 (3) (v) for awards under this section to be used to fund emergency remedial action and claims that exceed the amount initially anticipated.
101.143(2)(e)
(e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under
sub. (3) (ae),
(am) and
(as) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under
sub. (4) after December 31, 1995.
101.143(2)(f)
(f) The department shall promulgate a rule establishing a priority system for paying awards under
sub. (4) 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.
101.143(2)(g)
(g) The department may promulgate, by rule, requirements for the certification or registration of persons who provide consulting services to owners and operators who file claims under this section. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
101.143(2m)
(2m) Interdepartmental coordination. Whenever the department of commerce receives a notification under
sub. (3) (a) 3. or the department of natural resources 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.
101.143(3)
(3) Claims for petroleum product investigation, remedial action planning and remedial action activities. 101.143(3)(a)(a)
Who may submit a claim. Subject to
pars. (ae),
(am) and
(as), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under
sub. (4) to reimburse the owner or operator or the person for the eligible costs under
sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:
101.143(3)(a)1.
1. The owner or operator or the person is able to document that the source of a discharge is from a petroleum product storage system or home oil tank system.
101.143(3)(a)3.
3. The owner or operator or the person notifies the department, before conducting a site investigation or remedial action activity, of the discharge and the potential for submitting a claim under this section, except as provided under
par. (g).
101.143(3)(a)4.
4. The owner or operator registers the petroleum product storage system or the home oil tank system is registered with the department under
s. 101.09.
101.143(3)(a)5.
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.
101.143 Note
NOTE: Subd. 5. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
101.143(3)(a)6.
6. The owner or operator or the person investigates the extent of environmental damage caused by the petroleum product storage system or home oil tank system.
101.143(3)(a)7.
7. The owner or operator or the person recovers any recoverable petroleum products from the petroleum products storage system or home oil tank system.
101.143(3)(a)8.
8. The owner or operator or the person disposes of any residual solid or hazardous waste in a manner consistent with local, state and federal laws, rules and regulations.
101.143(3)(a)9.
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.
101.143(3)(ae)1.1. 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 a petroleum product storage system or a home oil tank system that meets the performance standards in
40 CFR 280.20 or in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, except as provided in
subd. 2.
101.143(3)(ae)2.
2. If a petroleum product storage system or home oil tank system that meets the performance standards in
40 CFR 280.20 or in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system is installed and the department of natural resources does not issue a case closure letter with respect to that discharge before the installation date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the installation of the petroleum product storage system or home oil tank system, whichever is earlier.
101.143(3)(am)1.1. 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 a petroleum product storage system or a home oil tank system if 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 or home oil tank system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, except as provided in
subds. 2. to
4.
101.143(3)(am)2.
2. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground 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 petroleum product storage system or home oil tank system within 30 days after the day on which the petroleum product storage 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 petroleum product storage 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 petroleum product storage system or home oil tank system first meets those upgrading requirements.
101.143(3)(am)3.
3. If a petroleum product storage system first met the upgrading requirements in
40 CFR 280.21 (b) to (d) before May 1, 1991, then the owner or operator remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system, which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996.
101.143(3)(am)4.
4. If a petroleum product storage system or home oil tank system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, after April 30, 1991, and is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system or home oil tank system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system or home oil tank system, which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.
101.143(3)(as)1.1. 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 any petroleum product discharge from a petroleum product storage system or home oil tank system if the discharge occurs after the department issues an award under this section for remedial action activities that were necessitated by an earlier petroleum product discharge from the same petroleum product storage system or home oil tank system and the later discharge is within the area on which those remedial action activities were conducted, except as provided in
subd. 2.,
3. or
4.
101.143(3)(as)2.
2. Subdivision 1. does not apply if a change in rules promulgated by the department of natural resources necessitates further remedial action activities with respect to the earlier petroleum product discharge.
101.143(3)(as)3.
3. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge and a later petroleum product discharge that is from the same petroleum product storage system or home oil tank system and within the same area is confirmed before the department of natural resources approves the remedial action activities performed with respect to the first discharge, then the owner or operator or person owning a home oil tank system remains eligible for an award for costs incurred because of any petroleum product discharge from that petroleum product storage system or home oil tank system which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources approves the remedial action activities with respect to the first discharge, whichever is earlier.
101.143(3)(as)4.
4. If the department issues an award under this section for remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system that does not meet the performance standards in
40 CFR 280.20 or in rules promulgated by the department relating to underground storage tank systems installed after December 22, 1988, and that, at the time of that discharge, does not meet the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground storage tank systems, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of any later petroleum product discharge from the same petroleum product storage system or home oil tank system and within the same area which is confirmed, and with respect to which activities under
par. (c) or
(g) are begun, before January 1, 1996, or before the 91st day after the day on which the petroleum product storage system or home oil tank system first meets those upgrading requirements, whichever is earlier.
101.143(3)(av)
(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 the department concerning petroleum product storage systems.
101.143(3)(b)
(b)
Claims submitted by owners or operators who were not owners or operators, or a person owning a home oil tank system when a petroleum product discharge occurred. An owner or operator who was not the owner or operator, or a person who owns a home oil tank system who did not own the home oil tank system, when a petroleum product discharge occurred and who meets the requirements of this section may submit a claim for an award under
sub. (4) unless the owner or operator or the person knew or should have known of the ineligibility of the previous owner or operator or of the person who previously owned the home oil tank system as a result of actions under
sub. (4) (g) 4.,
5. or
6.
101.143(3)(bm)
(bm)
Agents. Except as provided in
par. (bn), an owner or operator or a person owning a home oil tank system may enter into a written agreement with a county or any other person under which that county or other person acts as an agent for the owner or operator or person owning a home oil tank system in conducting the activities required under
par. (c). The owner or operator or person owning a home oil tank system and the agent shall jointly submit the claim for an award under
sub. (4).
101.143(3)(bn)
(bn)
Department of transportation as agent. With the prior approval of the department and the owner or operator or person owning a home oil tank system, the department of transportation may act as an agent for an owner or operator or a person owning a home oil tank system whose petroleum product storage system or home oil tank system is located on property that is or may be affected by a transportation project under the jurisdiction of the department of transportation. The scope of the department of transportation's agency shall be limited to conducting the activities required under
par. (c) and submitting the claim for an award under
sub. (4) to be jointly paid to the owner or operator or person and the department of transportation for the eligible costs incurred by the department of transportation in conducting the activities required under
par. (c).
101.143(3)(c)
(c)
Investigations, remedial action plans and remedial action activities. Before submitting an application under
par. (f), except as provided under
par. (g), an owner or operator or the person shall do all of the following:
101.143(3)(c)1.
1. Complete an investigation to determine the extent of environmental damage caused by a discharge from a petroleum product storage system or home oil tank system.
101.143(3)(c)2.
2. Prepare a remedial action plan that identifies specific remedial action activities proposed to be conducted under
subd. 3.
101.143(3)(c)3.
3. Conduct all remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under
s. 292.11.
101.143(3)(c)4.
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 commerce that the remedial action activities performed under
subd. 3. meet the requirements of
s. 292.11.
101.143(3)(cm)
(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 commerce, satisfy the requirements of
par. (c) 2. and
3. by proposing and implementing monitoring to ensure the effectiveness of the natural process of degradation of petroleum product contamination.
101.143(3)(d)
(d) Review of site investigations, remedial action plans and remedial action activities. The department of natural resources or, if the discharge is covered under
s. 101.144 (2) (b), the department of commerce shall, at the request of the claimant, review the site investigation and the remedial action plan and advise the claimant on the adequacy of proposed remedial action activities in meeting the requirements of
s. 292.11. The advice is not an approval of the remedial action activities. The department of natural resources 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.
101.143(3)(e)
(e) Notifications. The department of natural resources shall notify the department when it gives a claimant written approval under
par. (c) 4.
101.143(3)(f)
(f)
Application. A claimant shall submit a claim on a form provided by the department. The claim shall contain all of the following documentation of activities, plans and expenditures associated with the eligible costs incurred because of a petroleum products discharge from a petroleum product storage system:
101.143(3)(f)1.
1. A record of investigation results and data interpretation.
101.143(3)(f)3.
3. Contracts for eligible costs incurred because of the discharge and records of the contract negotiations.
101.143(3)(f)4.
4. Accounts, invoices, sales receipts or other records documenting actual eligible costs incurred because of the discharge.
101.143(3)(f)5.
5. The written approval of the department of natural resources or the department of commerce under
par. (c) 4.
101.143(3)(f)6.
6. Other records and statements that the department determines to be necessary to complete the application.
101.143(3)(g)
(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 any of the following apply:
101.143(3)(g)1.
1. An emergency existed which made the investigation under
par. (c) 1. and the remedial action plan under
par. (c) 2. inappropriate.
101.143(3)(g)2.
2. The owner or operator or the person acted in good faith in conducting the remedial action activities and did not wilfully avoid conducting the investigation under
par. (c) 1. or the remedial action plan under
par. (c) 2.
101.143(3)(h)
(h)
Initial eligibility review. When an owner or operator or the person notifies the department under
par. (a) 3., the department shall provide the owner or operator or the person with information on the program under this section and the department's estimate of the eligibility of the owner or operator or of the person for an award under this section.
101.143(4)
(4) Awards for petroleum product investigation, remedial action planning and remedial action activities. 101.143(4)(a)1.1. If the department finds that the claimant meets all of the requirements of this section and any rules promulgated under this section, the department shall issue an award to reimburse a claimant for eligible costs incurred because of a petroleum products discharge from a petroleum product storage system or home oil tank system.
101.143(4)(a)2.
2. The department may not issue an award before all eligible costs have been incurred and written approval is received under
sub. (3) (c) 4., unless the department determines that the delay in issuing the award would cause a financial hardship to the owner or operator or the person.
101.143(4)(a)5.
5. The department shall allocate $500,000 in each fiscal year to make awards for home oil tank system discharges, and shall make awards in the order that applications are received. The department may conditionally approve awards which exceed the total of $500,000 in any fiscal year, and make those awards first in the following fiscal year.
101.143(4)(a)6.
6. In any fiscal year, the department may not award more than 5% of the amount appropriated under
s. 20.143 (3) (v) as awards for petroleum product storage systems described in
par. (ei) 1.
101.143(4)(a)7.
7. In any fiscal year, the department may not award more than 5% of the amount appropriated under
s. 20.143 (3) (v) 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.
101.143(4)(b)
(b)
Eligible costs. Eligible costs for an award under
par. (a) include actual costs or, if the department establishes a schedule under
par. (cm), usual and customary costs for the following items only:
101.143(4)(b)1.
1. Testing to determine tightness of tanks and lines if the method used is approved by the department.
101.143(4)(b)2.
2. Removal of petroleum products from surface waters, groundwater or soil.
101.143(4)(b)3.
3. Investigation and assessment of contamination caused by a petroleum product storage system or a home oil tank system.
