101.14(4m)(d)1.
1. Total floor area, for all individual dwelling units, exceeding 8,000 square feet.
101.14(4m)(d)3.
3. Total floor area of its nondwelling unit portions exceeding the limits established in
par. (e).
101.14(4m)(e)
(e) A political subdivision's ordinances, enacted to meet the standards established in
par. (d) and this paragraph, shall require an automatic fire sprinkler system or 2-hour fire resistance in every multifamily dwelling that is constructed by any of the following types of construction if the total floor area of the nondwelling unit portions in the multifamily dwelling exceeds the following:
101.14(4m)(e)3.
3. Type 3 metal frame protected construction, 8,000 square feet.
101.14(4m)(e)6.
6. Type 5B exterior masonry unprotected, 5,600 square feet.
101.14(4m)(e)8.
8. Type 7 wood frame protected construction, 5,600 square feet.
101.14(4m)(e)9.
9. Type 8 wood frame unprotected construction, 4,800 square feet.
101.14(5)(a)(a) Subject to
par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable or combustible liquids, the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
101.14(5)(b)
(b) Notwithstanding
par. (a), an installation for the storage, handling or use of flammable or combustible liquids that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under
par. (a).
101.14 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.14;
1973 c. 324,
326,
336;
1975 c. 39,
94;
1977 c. 29,
413;
1979 c. 221;
1981 c. 320,
341;
1983 a. 36;
1983 a. 189 s.
329 (8);
1983 a. 295,
410;
1985 a. 29;
1985 a. 135 s.
83 (3);
1987 a. 288,
321,
399;
1989 a. 31,
109,
359;
1991 a. 187,
269;
1993 a. 261;
1995 a. 27;
1997 a. 27.
101.14 Cross-reference
Cross-reference: See s.
66.122 for provision authorizing special inspection warrants.
101.14 Annotation
See note to 893.80, citing Coffey v. Milwaukee, 74 W (2d) 526, 247 NW (2d) 132.
101.141
101.141
Record keeping of fires. The department shall maintain records of all fires occurring in this state. Such records shall be open to public inspection during normal business hours.
101.141 History
History: 1975 c. 224.
101.142
101.142
Inventory of petroleum product storage tanks. 101.142(1)(a)
(a) "Petroleum product" means materials derived from petroleum, natural gas or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases and petrochemicals.
101.142(1)(b)
(b) "Storage tank" means an enclosed container with a capacity in excess of 60 gallons which is used to hold a petroleum product, regardless of the duration of storage and which is intended for use as a fixed, rather than as a portable, installation.
101.142(2)
(2) Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of aboveground storage tanks and underground storage tanks. The department may require its deputies and any person engaged in the business of distributing petroleum products to provide information on the location of aboveground storage tanks and underground storage tanks. The department shall develop uniform procedures for reporting the location of aboveground storage tanks and underground storage tanks.
101.143
101.143
Petroleum storage remedial action; financial assistance. 101.143(1)(ad)
(ad) "Bodily injury" does not include those liabilities which are excluded from coverage in liability insurance policies for bodily injury other than liabilities excluded because they are caused by a petroleum product discharge from a petroleum product storage system.
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 that 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. "Property damage" does not include the loss of fair market value resulting from contamination.
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),
(ah),
(am) and
(ap) 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),
(ah),
(am) and
(ap), 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(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)
(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 the department relating to underground petroleum product storage tank systems installed after December 22, 1988, if the discharge is confirmed after December 31, 1995.
101.143(3)(ah)
(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 the department 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.
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 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 the department relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in
subd. 2.
101.143(3)(am)2.
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 the department 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.
101.143(3)(ap)
(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 the department relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems.
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.
