292.35(9)(d)1.
1. The ability of the responsible parties to demonstrate that their contribution to the environmental pollution resulting from the disposal or discharge of hazardous substances can be distinguished from the contribution of other responsible parties.
292.35(9)(d)3.
3. The degree of toxicity of the hazardous substances involved.
292.35(9)(d)4.
4. The degree of involvement by the responsible parties in the generation, transportation, treatment, storage, disposal or discharge of the hazardous substances.
292.35(9)(d)5.
5. The degree of cooperation by the responsible parties with federal, state or local officials to prevent or minimize harm to the public health or the environment.
292.35(9)(d)6.
6. The degree of care exercised by the parties with respect to the hazardous substance, taking into account the characteristics of the hazardous substance.
292.35(9)(e)
(e) A responsible party is not liable under
par. (b) if the responsible party establishes by a preponderance of the evidence that the responsible party's contribution to the environmental pollution resulting from the disposal or discharge of hazardous substances was caused solely by any of the following:
292.35(9)(e)3.
3. An act or omission of a 3rd party, other than an officer, director, employe or agent of the responsible party, or other than a person whose act or omission occurs in connection with a direct or indirect contractual relationship with the responsible party if all of the following apply:
292.35(9)(e)3.a.
a. The responsible party establishes by a preponderance of the evidence that the responsible party exercised due care with respect to the hazardous substances that caused environmental pollution.
292.35(9)(e)3.b.
b. In exercising due care under
subd. 3. a., the responsible party took into consideration the characteristics of the hazardous substances, in light of all relevant facts and circumstances.
292.35(9)(e)3.c.
c. The responsible party took precautions against foreseeable acts or omissions of the 3rd party and the consequences that could foreseeably result from those acts or omissions.
292.35(9)(f)
(f) Any responsible party may seek contribution from any other responsible party. Such a contribution claim may be brought as a separate action or may be brought in the action commenced against the responsible party under this section.
292.35(10)
(10) Technical assistance. The department shall provide technical assistance to an umpire at the request of the umpire. The department may limit the amount of staff time allocated to each negotiation.
292.35(11)
(11) Liability. Except as provided in
sub. (7), no common law liability, and no statutory liability that is provided in other statutes, for damages resulting from a site or facility is affected in any manner by this section. The authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any other statutes or provided at common law.
292.35(13)
(13) Fees. The department may, by rule, assess and collect fees to offset the cost of the department's activities under this section. The fees may include an advance deposit, from which the department shall return the amount in excess of the cost of the department's activities under this section.
292.35 History
History: 1995 a. 227 s.
613 to
616.
292.37
292.37
Confidentiality of records. 292.37(1)
(1)
Records. Except as provided under
sub. (2), any records or other information furnished to or obtained by the department in the administration of
ss. 292.31 and
292.35 are public records subject to
s. 19.21.
292.37(2)(a)(a)
Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of
ss. 292.31 and
292.35.
292.37(2)(b)
(b)
Standards for granting confidential status. Except as provided under
par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.
292.37(2)(c)
(c)
Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.
292.37(2)(d)
(d)
Use of confidential records. Except as provided under
par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of
ss. 292.31 and
292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.
292.37 History
History: 1995 a. 227 s.
993.
292.41
292.41
Abandoned containers. 292.41(1)
(1)
Definition. In this section, "abandoned container" means any container which contains a hazardous substance and is not being monitored and maintained.
292.41(2)(a)(a) This section does not apply to abandoned containers which are located in an approved facility or a nonapproved facility.
292.41(3)(a)(a) After consultation with other affected federal, state and local agencies and private organizations, the department shall establish by rule criteria and procedures for the development, establishment and amendment of a contingency plan for the taking of emergency actions in relation to abandoned containers.
292.41(3)(b)
(b) The contingency plan shall establish procedures and techniques for locating, identifying, removing and disposing of abandoned containers.
292.41(4)
(4) Removal or other emergency action. The department or its authorized representative may contain, remove or dispose of abandoned containers or take any other emergency action which it deems appropriate under the circumstances.
292.41(5)
(5) Access to property and records. Any officer, employe or authorized representative of the department, upon notice to the owner or occupant, may enter onto any property, premises or place at any time for the purposes of
sub. (3) if the entry is necessary to prevent increased damage to the air, land or waters of the state, or may inspect any record relating to abandoned container management for the purpose of ascertaining the state of compliance with this section and the rules promulgated under this section. Notice to the owner or occupant is not required if the delay in providing the notice is likely to result in imminent risk to public health or welfare or the environment.
292.41(6)
(6) Abandoned containers; appropriations. 292.41(6)(a)(a) The department may utilize moneys appropriated under
s. 20.370 (2) (dv) and
(my) in taking action under
sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.
292.41(6)(b)
(b) No more than 25% of the total of all moneys available under the appropriation under
s. 20.370 (2) (dv) and
(my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.
292.41(6)(c)
(c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental repair.
292.41(6)(d)
(d) Any expenditures made by the department under
sub. (4) shall constitute a lien upon the property for which the expenses are incurred, as provided in
s. 292.81, if the department is entitled to recover the expenditures from the property owner under
par. (c).
292.51
292.51
Cooperative remedial action. 292.51(1)
(1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.
292.51(2)
(2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination.
292.51(2m)
(2m) Any person engaged in a cooperative effort with the department that is described in
sub. (2) may seek and receive voluntary contributions of funds on behalf of the effort.
292.51(3)
(3) Provision of funding under
sub. (2) or
(2m) is not evidence of liability or an admission of liability for any environmental contamination.
292.51(4)
(4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under
sub. (2).
292.51 History
History: 1995 a. 27;
1995 a. 227 s.
824; Stats. 1995 s. 292.51.
292.61
292.61
Grants to political subdivisions for investigations and remedial action. 292.61(1)(a)
(a) "Political subdivision" means a city, village, town or county.
292.61(1)(b)
(b) "Site or facility" means an approved facility, an approved mining facility, a nonapproved facility, a waste site or a spill site.
292.61(1)(c)
(c) "Spill site" means any site where a hazardous substance is discharged on or after May 21, 1978.
292.61(2)(a)(a) The department may make investigative funding grants from the appropriations under
s. 20.866 (2) (tg) to political subdivisions for the investigation of any site or facility owned by a political subdivision in which the soil or groundwater is contaminated by environmental pollution.
292.61(2)(b)
(b) The department by rule shall establish the application requirements and grant conditions for an investigative funding grant.
292.61(2)(c)
(c) The department may not approve the application for an investigative funding grant for a site or facility that is not a landfill if the political subdivision caused the environmental pollution.
292.61(2)(d)
(d) An investigative funding grant shall equal 25% of the cost of the investigation. The political subdivision's share of the costs may include contributions of equipment and labor. No political subdivision may receive more than 35% of the total amount of funds available for investigative funding grants in any fiscal year.
292.61(2)(e)
(e) If sufficient funds are not available to make investigative funding grants to all political subdivisions that are eligible for investigative funding grants, the department shall give a higher priority to investigations with the potential of leading to remedial action resulting in all of the following:
292.61(2)(e)1.
1. The greatest reduction of environmental pollution and of threats to public health.
292.61(2)(e)2.
2. The greatest avoidance of development of currently undeveloped land by making the site or facility available for redevelopment after remedial action.
292.61(2)(f)
(f) A political subdivision may use the investigative funding grant funds for any of the following:
292.61(2)(f)1.
1. Investigation to determine the nature and scope of environmental pollution and the appropriate remedial action.
292.61(2)(f)3.
3. Identifying and negotiating with persons responsible for the environmental pollution, in order to obtain cooperation in or payment for the investigation and any remedial action.
292.61(2)(f)4.
4. Conducting interim remedial action approved by the department.
292.61(3)(a)(a) The department may make remedial action grants from the appropriations under
s. 20.866 (2) (tg) to political subdivisions for remedial action on any site or facility owned by a political subdivision in which the soil or groundwater is contaminated by environmental pollution.
292.61(3)(b)
(b) The department by rule shall establish the application requirements and grant conditions for a remedial action grant. The department shall require the political subdivision to include in its application all of the following:
292.61(3)(b)1.
1. The results of the investigation to determine the nature and scope of environmental pollution at the site or facility.
292.61(3)(b)3.
3. Comprehensive plans for the redevelopment of the property after the remedial action is completed.
292.61(3)(b)4.
4. A statement of whether the political subdivision intends to use the cost recovery procedure in
s. 292.35. If the political subdivision indicates in its application that it intends to use the cost recovery procedure in
s. 292.35, the department may not approve the application for a remedial action grant until the political subdivision completes the procedures under
s. 292.35 (2g) and
(2r).
292.61(3)(c)
(c) The department may not approve the application for a remedial action grant for a site or facility that is not a landfill if the political subdivision caused the environmental pollution.
292.61(3)(d)
(d) The department shall require the political subdivision to do all of the following as a condition of receiving a remedial action grant:
292.61(3)(d)1.
1. Make a commitment to seek contribution of funds from persons legally responsible for the environmental pollution.
292.61(3)(d)2.
2. Make a commitment to redevelop the property or to sell or lease it for the purposes of redevelopment, if appropriate.
292.61(3)(e)
(e) Upon reviewing the application, if the department determines that the political subdivision is eligible to receive a remedial action grant and that funds are available to make a remedial action grant, it shall notify the political subdivision.
292.61(3)(f)
(f) A remedial action grant shall equal 25% of the eligible costs of the remedial action. The political subdivision's share of the costs may include contributions of equipment and labor. No political subdivision may receive more than 35% of the total amount of funds allocated for remedial action grants in any fiscal year.
292.61(3)(g)
(g) If sufficient funds are not available to make remedial action grants to all political subdivisions that are eligible for remedial action grants, the department shall give a higher priority to remedial actions that will result in all of the following:
292.61(3)(g)1.
1. The greatest potential to reduce environmental pollution and threats to public health.
292.61(3)(g)2.
2. The greatest avoidance of development of currently undeveloped land by making the site or facility available for redevelopment after remedial action.
292.61(4)
(4) Amount of funding. In each fiscal year, the department shall submit to the joint committee on finance a proposal for the total amount of grants to be made in each of the following categories: investigative funding grants for waste sites; investigative funding grants for landfills; remedial action grants for waste sites; and remedial action grants for landfills. The department may not issue a determination of grant eligibility under this section in any fiscal year until the joint committee on finance has approved the proposal for that fiscal year and may not issue a determination of grant eligibility under this section under an amendment to the proposal until the joint committee on finance has approved the amendment.
292.61(5)
(5) Subrogation. The state is subrogated to the rights of a political subdivision that obtains an award under this section in an amount equal to the award. All moneys recovered under this subsection shall be credited to the environmental fund for environmental repair.
292.61 History
History: 1995 a. 227 s.
611.
292.81(1)(1) In this section, "valid prior lien" means a purchase money real estate mortgage that is recorded before the lien is filed under this section, including any extension or refinancing of that purchase money mortgage, or an equivalent security interest, or a 2nd or subsequent mortgage for home improvement or repair that is recorded before the lien is filed under this section, including any extension or refinancing of that 2nd or subsequent mortgage.
