166.20(5)(a)2.
2. All facilities in this state covered under
42 USC 11004 shall comply with the notification requirements of
42 USC 11004. Notification of the department of natural resources of the discharge of a hazardous substance under
s. 292.11 (2) shall constitute the notification of the division required under
42 USC 11004 if the notification contains the information specified in
42 USC 11004 (b) (2) or (c).
166.20(5)(a)3.
3. All facilities in this state covered under
42 USC 11021 and all public agencies and private agencies in this state at which a hazardous chemical is present at or above an applicable threshold quantity shall comply with the reporting requirements under
42 USC 11021 and
11022. The division shall implement minimum threshold levels for reporting by retail gas stations that are identical to the minimum threshold levels for reporting under
42 USC 11021 and
11022.
166.20(5)(a)4.
4. The following facilities shall comply with the toxic chemical release form requirements under
42 USC 11023 and shall submit copies of all toxic chemical release forms to the department of natural resources:
166.20(5)(a)4.b.
b. All public agencies and private agencies at which a toxic chemical is used at or above an applicable threshold quantity.
166.20(5)(a)4.c.
c. All facilities with 10 or more employees in major group classifications 10 to 13 in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, at which a toxic chemical is used at or above an applicable threshold quantity, except that compliance with the toxic chemical release form requirements under this
subd. 4. c. is not required for the placement of a toxic chemical in a storage or disposal site or facility that is located at a facility with a permit under
ch. 293 if the toxic chemical consists of or is contained in merchantable by-products as defined in
s. 293.01 (7), minerals as defined in
s. 293.01 (8) or refuse as defined in
s. 293.01 (25).
166.20(5)(a)5.
5. The reporting procedures for trade secrets under
42 USC 11042 shall apply to all facilities in this state subject to the requirements under
subd. 1.,
3. or
4. For the purposes of applying this subdivision to public agencies and private agencies, the division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under
42 USC 11042.
166.20(5)(a)6.
6. All facilities in this state subject to the requirements under
subd. 3. or
4. shall comply with the procedures for providing information under
42 USC 11043.
166.20(5)(b)
(b) No public or private agency is subject to the requirements under
par. (a) 3. to
6. before January 1, 1990.
166.20(5m)
(5m) Furnishing information. If the division or a committee requests, in writing, information relating to the federal act or to this section, a facility shall furnish the information in the manner requested.
166.20(6)
(6) Threshold quantities. Threshold quantities for the facilities of public agencies and private agencies shall be identical to the threshold quantities established by the federal act or by regulations promulgated under the federal act.
166.20(7)(a)(a) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under
s. 166.21:
166.20(7)(a)1.
1. An emergency planning notification fee to be paid when a facility makes the emergency planning notification required under
sub. (5) (a) 1.
166.20(7)(a)2.
2. An inventory form fee to be paid annually when a facility submits the emergency and hazardous chemical inventory forms required under
sub. (5) (a) 3.
166.20(7)(b)
(b) The operator of a facility subject to the requirements of
sub. (5) (a) 1. or
3. shall pay the fees under
par. (a). The division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under
par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.
166.20(7)(d)
(d) The operator of a facility, including a facility engaged in farming, as defined in
s. 102.04 (3), is exempt from the fees under
par. (a) if the operator of the facility employs fewer than the equivalent of 10 full-time employees in this state.
166.20(7)(dm)
(dm) The operator of a petroleum marketing facility is exempt from the fees under
par. (a) 2. with respect to gasoline and diesel fuel present at the petroleum marketing facility.
166.20(7m)(a)(a) An authorized inspector of the division or the committee for the county in which a facility is located may enter and inspect any facility or any pertinent record relating to the facility at any reasonable time for the purpose of determining whether the facility is complying with this section and rules promulgated under this section. The division or committee, if requested, shall furnish to the operator of the facility a report setting forth all facts found which relate to compliance with this section and rules promulgated under this section.
166.20(7m)(b)
(b) The division shall promulgate rules to specify how the division or a committee may authorize inspectors for the purposes of
par. (a). The rules shall include requirements for experience or training of individuals authorized to conduct inspections.
166.20(8)(a)(a) The department of justice, at its own discretion or at the request of the division or the committee or district attorney for the county in which the violation is alleged to have occurred, shall enforce
subs. (2) to
(7) and rules promulgated under
subs. (2) to
(7). In any action commenced under this paragraph, the department of justice may request the assistance of the district attorney for the county in which the violation is alleged to have occurred and the district attorney shall provide the requested assistance.
166.20(8)(b)
(b) In addition to any other relief granted, the court may grant injunctive relief to restrain violations of
subs. (2) to
(7) and rules promulgated under
subs. (2) to
(7).
166.20(9)(a)1.
1. Any person may commence a civil action on his or her behalf against any of the following:
166.20(9)(a)1.c.
c. The division for failure to render a decision in response to a petition under
42 USC 11042 (d), as applied under
sub. (5) (a) 5., within 9 months after receipt of the petition.
166.20(9)(a)2.
2. The division or any county, city, village or town may commence a civil action against any person for failure to do any of the following:
166.20(9)(b)1.1. No action may be commenced against any person other than the division under this subsection under any of the following circumstances:
166.20(9)(b)1.a.
a. If fewer than 60 days have elapsed since the plaintiff gave notice of the alleged violation to the division and to the alleged violator.
166.20(9)(b)1.b.
b. If the department of justice has commenced and is diligently prosecuting a civil action against the alleged violator, but in any such action any resident of this state may intervene as a matter of right.
166.20(9)(b)2.
2. No action may be commenced against the division under this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of the action to the division.
166.20(9)(c)1.1. In addition to any other relief granted, the court may grant injunctive relief to restrain the violations alleged in the pleadings.
166.20(9)(e)
(e) Nothing in this subsection restricts any right which any person or class of persons may have under any other statute or common law.
166.20(10)
(10) Venue. A proceeding under
sub. (8) or
(9) may be brought in the circuit court for Dane County, for the county in which the defendant is located or for the county in which the violation is alleged to have occurred.
166.20(11)(a)(a) Any person who violates
sub. (5) (a) 1.,
2. or
4. or the emergency and hazardous chemical inventory form requirements of
42 USC 11022, as applied under
sub. (5) (a) 3., or any rule promulgated under
sub. (5) (a) 1.,
2. or
4. or concerning emergency and hazardous chemical inventory form requirements shall forfeit not less than $100 nor more than $25,000. Total forfeitures for the failure of a facility to report multiple releases of hazardous substances covered under
42 USC 11004, as applied under
sub. (5) (a), shall not exceed $75,000 per day of offense.
166.20(11)(b)1.
1. For the first offense, be fined not less than $100 nor more than $25,000 or imprisoned for not more than 3 years or both.
166.20(11)(b)2.
2. For the 2nd and subsequent offenses, be fined not less than $200 nor more than $50,000 or imprisoned for not more than 3 years or both.
166.20(11)(c)
(c) Any person who violates
sub. (5) (a) 5. or
6. or the material safety data sheet requirements of
42 USC 11021, as applied under
sub. (5) (a) 3., or any rule promulgated under
sub. (5) (a) 5. or
6. or concerning material safety data sheet requirements shall forfeit not less than $50 nor more than $10,000.
166.20(11)(d)
(d) Any person who knowingly and wilfully releases a trade secret entitled to protection under
42 USC 11042, as applied under
sub. (5) (a) 5., shall be fined not less than $100 nor more than $20,000 or imprisoned for not more than one year in the county jail or both.
166.20(11)(dg)
(dg) Except as provided in this paragraph, any person who negligently makes a false statement or representation in any document provided by the operator of a facility or required to be maintained by the operator of a facility under the federal act, this section or rules promulgated under this section shall forfeit not less than $100 nor more than $25,000. This penalty does not apply to the division, a committee or a member of the division or a committee.
166.20(11)(dr)
(dr) Any person who violates any provision of this section or any rule promulgated under this section for which no penalty is provided under
pars. (a) to
(dg) shall forfeit not more than $20,000.
166.20(11)(e)
(e) For the purposes of this subsection, each day of continued violation constitutes a separate offense.
166.20 History
History: 1987 a. 342;
1989 a. 31,
115,
359;
1991 a. 39,
104,
189;
1993 a. 240,
253;
1995 a. 13,
113,
201,
227,
247;
1997 a. 27,
283;
1999 a. 9,
185.
166.20 Annotation
State Emergency Response Board committee members are entitled to indemnity for damage liability under s. 895.46 and legal representation by the attorney general under s. 165.25.
81 Atty. Gen. 17.
166.20 Annotation
The authority and responsibility of local units of government to respond to Level B hazardous substance releases is discussed.
OAG 1-99.
166.21
166.21
Emergency planning grants. 166.21(1)(a)(a) There is created an emergency planning grant program for the purpose of assisting committees to comply with the requirements of
s. 166.20 and the federal act.
166.21(1)(b)
(b) Any committee may apply annually to the division for an emergency planning grant. Applications shall be made in the manner specified by the division.
166.21(2)
(2) Eligible costs. Eligible costs for emergency planning grants are limited to the cost of all of the following:
166.21(2)(a)
(a) Maintaining emergency response plans required under
42 USC 11003, including the cost of maintaining facility plans.
166.21(2)(br)
(br) Subject to
sub. (2m), 80% of the costs of computers and emergency response equipment, but not to exceed $10,000. In-kind contributions may be used to meet the committee's contribution under this paragraph.
166.21(2)(c)
(c) Committee operation and administration, including the cost of supplies and equipment reasonably necessary for committee operation and administration, but excluding the cost of computers and emergency response equipment.
166.21(2)(d)
(d) Any other activity of the committee required under
s. 166.20 or the federal act.
166.21(2)(e)
(e) The portion of a previous year's costs that was approved by the division but not paid because of insufficient funds.
166.21(2m)
(2m) Strategic plan. A committee is eligible for grant funds under
sub. (2) (br) for emergency response equipment only if it submits to the division a strategic plan for emergency response to hazardous substance releases that includes all of the following:
166.21(2m)(a)
(a) An analysis of the risks of hazardous substance releases in the county.
166.21(2m)(b)
(b) Identification of the existing capability for emergency response to hazardous substance releases in the county.
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.
