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)
(b) Any person who knowingly and willfully fails to report the release of a hazardous substance covered under
42 USC 11004 as required under
sub. (5) (a) 2. or any rule promulgated under
sub. (5) (a) 2. is subject to the following penalties:
166.20(11)(b)1.
1. For the first offense, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (i), the person may be fined not more than $25,000.
166.20(11)(b)2.
2. For the 2nd and subsequent offenses, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (i), the person may be fined not more than $50,000.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Any person who knowingly and willfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. or any rule promulgated under sub. (5) (a) 2. shall:
Effective date text
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.
Effective date text
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 willfully 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;
2001 a. 16,
109.
166.20 Cross-reference
Cross Reference: See also
WEM, Wis. adm. code.
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 local 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 local 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) Beginning July 1, 2001, the division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall 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 an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under
s. 166.20 (2) (bs) 1. to determine if an emergency requiring a response existed. 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 shall reimburse the division for costs incurred by a regional emergency response team in responding to an emergency if the team followed the procedures established under
s. 166.20 (2) (bs) 1. to determine if an emergency requiring the team's response existed and if any of the following conditions applies:
166.215(3)(a)
(a) The person possessed or controlled a hazardous substance that was involved in the emergency.
166.215(4)
(4) A member of a regional emergency response team who is acting under a contract under
sub. (1) is an employee 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.
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, a local emergency response team, or a public works department.
166.22(2)
(2) A person who possesses or controls a hazardous substance that is released or who causes the release 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 an emergency involving a release or potential release of a hazardous substance is unknown and the emergency involving a release or potential release 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 release or potential release 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 an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under
s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed. 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)(a)(a) Except as provided in
par. (b), a person shall reimburse a local agency as provided in
sub. (5) for actual, reasonable, and necessary expenses incurred in responding to an emergency involving the release or potential release of a hazardous substance if any of the following conditions applies:
166.22(4)(a)1.
1. The person possessed or controlled a hazardous substance involved in the emergency.
166.22(4)(b)
(b) A local emergency response team may receive reimbursement under
par. (a) only if the team followed the procedures established under
s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed.
166.22(5)(a)(a) The county board may designate a county employee 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 emergency 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 arose from the emergency involving the release or potential release of a hazardous substance and that were 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).
