166.21(2m)(c)
(c) An assessment of needs, including equipment and training needs, related to emergency response to hazardous substance releases in the county.
166.21(2m)(d)
(d) A process to maintain or increase the capability for emergency response to hazardous substance releases in the county.
166.21(2m)(e)
(e) Identification of a county emergency response team that is capable of responding to a level B release that occurs at any place in the county and whose members meet the standards for hazardous materials technicians in
29 CFR 1910.120 (q) (6) (iii) and national fire protection association standards NFPA 471 and 472.
166.21(2m)(f)
(f) Procedures for county emergency response team actions that are consistent with local emergency response plans developed under
s. 166.20 (3) and the state contingency plan established under
s. 292.11 (5).
166.21(3)(a)(a) Emergency planning grants shall not exceed the sum of the following amounts:
166.21(3)(a)1.
1. The costs of each new facility plan completed by the committee and approved by the division in the period covered by the grant.
166.21(3)(a)3.
3. The portion of a previous year's costs that was approved by the division but not paid because of insufficient funds.
166.21(3)(b)
(b) The division shall reduce the grant amount calculated under
par. (a) by the amount of any other gifts or grants received by the committee in the period covered by the grant for costs incurred by the committee related to
sub. (2).
166.21(3)(c)
(c) Notwithstanding
sub. (2), the division shall deny that portion of a grant calculated under
par. (a) 2. if the division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under
s. 166.20 or the federal act.
166.21(3)(e)
(e) Annually, the division shall establish a formula to determine the amount of emergency planning grant funds available to each county.
166.21(4)
(4) Payment of grants. Annually, the division shall review all applications received under this section and make grants to committees from the appropriations under
s. 20.465 (3) (jm) and
(r). If insufficient funds are available to pay all approved grants, the division shall prorate the available funds among the eligible applicants in proportion to the approved grant amounts. A prorated payment shall be deemed full payment of the grant.
166.21(5)(a)(a) The division may pay a portion of a grant before the end of the period covered by the grant if a committee requests the advance payment and if the division determines that the necessary funds are available and that the advance payment will not result in insufficient funds to pay other grants.
166.21(5)(b)
(b) The division may pay an amount up to 50% of anticipated eligible costs covered by a grant up to 12 months before the end of the period covered by the grant. The division may pay an additional amount up to 25% of anticipated eligible costs up to 6 months before the end of the period covered by the grant. The division shall determine anticipated eligible costs from a budget submitted by the committee at the time that the committee requests payment in advance.
166.21(5)(c)
(c) If a committee receives advance payments under this subsection which exceed the total grant amount calculated under
sub. (3), the division shall subtract the amount of the overpayment from the amount of a grant paid to that committee in the next year that the committee receives a grant.
166.215
166.215
Hazardous substance emergency response. 166.215(1)(1) The division shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under
s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in
s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in
29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under
s. 20.465 (3) (dd).
166.215(2)
(2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to a level A release under
sub. (1). Reimbursement under this subsection is limited to amounts collected under
sub. (3) and the amounts appropriated under
s. 20.465 (3) (dr). Reimbursement is available under
s. 20.465 (3) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under
sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.
166.215(3)
(3) A person who possessed or controlled a hazardous substance that was released or who caused the release of a hazardous substance shall reimburse the division for costs incurred by a regional emergency response team in responding to the release under
sub. (1).
166.215(4)
(4) A member of a regional emergency response team who is acting under a contract under
sub. (1) is an employe of the state for purposes of worker's compensation benefits.
166.215(5)
(5) The division shall notify the joint committee on finance in writing, before entering into a new contractual agreement under
sub. (1) or renewing or extending a contractual agreement under
sub. (1), of the specific funding commitment involved in that proposed new, renewed or extended contract. The division shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The division may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the division's proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the division that the committee has scheduled a meeting to review the division's proposed action, the division may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action. Notwithstanding
s. 13.10, the division may include in its notification to the joint committee on finance a request for approval of any increase in the amount of money in the appropriation account under
s. 20.465 (3) (dd) necessary to provide sufficient money for the proposed new, renewed or extended contracts under
sub. (1).
166.22
166.22
Local agency response and reimbursement. 166.22(1)(c)
(c) "Local agency" means an agency of a county, city, village or town, including a municipal police or fire department, a municipal health organization, a county office of emergency management, a county sheriff, an emergency medical service or a public works department.
166.22(2)
(2) A person who possesses or controls a hazardous substance that is discharged or who causes the discharge of a hazardous substance shall take the actions necessary to protect public health and safety and prevent damage to property.
166.22(3)
(3) If action required under
sub. (2) is not being adequately taken or the identity of the person responsible for a discharge of a hazardous substance is unknown and the discharge threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the discharge of hazardous substances established by the department of natural resources under
s. 292.11 (5) and that it considers appropriate under the circumstances.
166.22(3m)
(3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to a hazardous substance discharge under
sub. (3). Reimbursement under this subsection is limited to the amount appropriated under
s. 20.465 (3) (dr). Reimbursement is available under
s. 20.465 (3) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under
sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.
166.22(4)
(4) A person who possessed or controlled a hazardous substance that was discharged or who caused the discharge of a hazardous substance shall, as provided under
sub. (5), reimburse a local agency for actual, reasonable and necessary expenses incurred under
sub. (3).
166.22(5)(a)(a) The county board may designate a county employe or body as the reviewing entity under this subsection. If the county board does not make a designation, the local emergency planning committee is the reviewing entity.
166.22(5)(am)
(am) A local agency seeking reimbursement under
sub. (4) shall submit a claim stating its expenses to the reviewing entity for the county in which the discharge occurred.
166.22(5)(b)
(b) The reviewing entity shall review claims submitted under
par. (am) and determine the amount of reasonable and necessary expenses incurred. The reviewing entity shall provide a person who is liable for reimbursement under
sub. (4) with a notice of the amount of expenses it has determined to be reasonable and necessary that arise from one discharge and are incurred by all local agencies from which the reviewing entity receives a claim.
166.22(5)(c)
(c) If a person receiving a notice under
par. (b) objects to the amount of expenses in the notice, the person may ask the reviewing entity to review its determination. The reviewing entity may modify the determination and shall notify the person of the result of its review.
166.22(5)(d)
(d) A person liable for reimbursement under
sub. (4) shall pay the reimbursement directly to each local agency.
166.22(6)
(6) A county may enact an ordinance in conformity with this section that governs the administration of claims under
sub. (5).
