166.15(1)(e)2.
2. Personal physical injury, illness or death, including mental anguish or emotional harm attendant to the personal physical injury, illness or death.
166.15(1)(f)
(f) "Nuclear incident" means any sudden or nonsudden release of ionizing radiation, as defined under
s. 254.31 (3g), from radioactive waste being stored or disposed of in a waste repository or transported. "Nuclear incident" does not include any release of radiation from radioactive waste being transported under routine operations.
166.15(1)(g)
(g) "Person" means any individual or company. "Person" includes the federal government.
166.15(1)(j)
(j) "Routine operations" means the operation of transportation equipment in a manner that is not subject to the requirements for immediate notice of incidents under
49 USC 1801 to
1811 or notice of discharge under
s. 292.11 (2).
166.15(1)(k)
(k) "Waste repository" means any system used or intended to be used to dispose of or store radioactive waste under
42 USC 10101 to
10226, including but not limited to a permanent disposal system, interim storage system, monitored retrievable storage system, defense waste storage system, away-from-reactor storage facility and a test and evaluation facility.
166.15(2)
(2) Liability. All responsible parties are strictly liable, jointly and severally, for any harm caused by a nuclear incident.
166.15(3)(a)(a) In any action brought under
sub. (2) to recover damages for harm claimed to be caused by a nuclear incident, it is presumed that the nuclear incident was a cause of the harm if the plaintiff produces evidence to the court sufficient to enable a reasonable person to find all of the following:
166.15(3)(a)1.a.
a. A person who is in any way responsible for the design, construction, operation or monitoring of the waste repository or transportation equipment from which the radiation was released in the nuclear incident.
166.15(3)(a)1.b.
b. A person who owns the waste repository or transportation equipment from which the radiation was released in the nuclear incident.
166.15(3)(a)1.c.
c. A person who produces, possesses, controls or owns radioactive waste stored or disposed of in the waste repository or transportation equipment from which the radiation was released in the nuclear incident.
166.15(3)(a)2.
2. The harm could reasonably have resulted from the nuclear incident.
166.15(3)(b)
(b) A defendant in an action brought under
sub. (2) may rebut the presumption under
par. (a) by proving that:
166.15(3)(b)2.
2. The harm claimed to be caused by a nuclear incident could not have reasonably resulted from the nuclear incident.
166.15(4)
(4) Court award. In issuing any final order in any action brought under this section in which the plaintiff prevails, the court shall award to the plaintiff the cost of the suit, including reasonable attorney and expert witness fees, and the damages sustained by the plaintiff.
166.15(5)
(5) Construction. This section may not be deemed to have any effect upon the liability of any person for any harm caused by any incident which is not a nuclear incident.
166.20
166.20
Hazardous substances information and emergency planning. 166.20(1)(c)
(c) "Facility" means the buildings and contiguous area of a single location which is owned, operated or controlled by the same person and used for conducting the activities of a public or private agency, or as defined in
42 USC 11049 (4).
166.20(1)(d)
(d) "Facility plan" means a plan for response to the release of hazardous substances from a specific facility, prepared as a component of a local emergency response plan under
sub. (5) (a) 1. and under
42 USC 11003.
166.20(1)(g)
(g) "Hazardous substance" means an extremely hazardous substance included in the list published by the administrator of the U.S. environmental protection agency under
42 USC 11002 (a) (2) or a hazardous substance as defined under
42 USC 9601 (14) or designated by the administrator of the U.S. environmental protection agency under
42 USC 9602 (a).
166.20(1)(ge)
(ge) "Level A release" means a release of a hazardous substance that necessitates the highest level of protective equipment for the skin and respiratory systems of emergency response personnel because of any of the following conditions:
166.20(1)(ge)1.
1. Substances with a high degree of hazard to the skin are known or suspected to be present and skin contact is possible.
166.20(1)(ge)2.
2. There are present, or there is a potential for, high atmospheric levels of substances that are harmful to the skin or capable of being absorbed through intact skin.
166.20(1)(ge)3.
3. Operations at the site of the release involve a high potential for exposure to liquids or particulates that are harmful to the skin or capable of being absorbed through intact skin.
166.20(1)(ge)4.
4. Response operations must be conducted in confined, poorly ventilated areas and the absence of conditions under
subds. 1. to
3. has not been established.
166.20(1)(gi)
(gi) "Level B release" means a release of a hazardous substance that necessitates the highest level of protective equipment for the respiratory systems of emergency response personnel, but less skin protection than a level A release, because operations at the site of the release do not involve a high potential for exposure to liquids or particulates that are harmful to the skin or capable of being absorbed through intact skin and any of the following conditions exists:
166.20(1)(gi)1.
1. The type and concentration of substances in the atmosphere have been identified and are dangerous to respiration but are not harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gi)2.
2. The atmosphere contains less than 19.5% oxygen but does not contain substances that are harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gi)3.
3. Vapors or gases are present that have not been completely identified but it is known that those vapors or gases are not harmful to skin or capable of being absorbed through intact skin.
166.20(1)(gm)
(gm) "Petroleum marketing facility" means a facility at which petroleum products are received by tank truck, tank trailer or railroad tank car and stored for resale.
166.20(1)(h)
(h) "Private agency" means a privately owned and operated research facility or educational institution.
166.20(1)(i)
(i) "Public agency" means a state or local office, agency, board, commission, committee, council, department, research facility, educational institution or public body corporate or politic created by constitution, law, ordinance, rule or order, or a governmental or quasi-governmental corporation.
166.20(1)(im)
(im) "Regional emergency response team" means a team that the division contracts with under
s. 166.215 (1).
166.20(1)(j)
(j) "Threshold quantity" means a designated quantity of:
166.20(1)(j)1.
1. A hazardous chemical which, if used by or present at a facility, makes the facility subject to the requirements of
sub. (5) (a) 3.; or
166.20(1)(j)2.
2. A toxic chemical which, if used by or present at a facility, makes the facility subject to the requirements of
sub. (5) (a) 4.
166.20(2)
(2) Duties of the division. The division shall:
166.20(2)(a)
(a) Carry out all requirements of a state emergency response commission under the federal act.
166.20(2)(b)
(b) Promulgate rules necessary for the implementation of the federal act.
166.20(2)(bg)
(bg) Promulgate rules establishing an amount not to exceed $6,000 that may be an eligible cost for computers in an emergency planning grant under
s. 166.21 (2) (br).
166.20(2)(bm)
(bm) Promulgate rules establishing standards to determine all of the following:
166.20(2)(bm)1.
1. If a regional or local emergency response team has made a good faith effort to identify a person responsible for the emergency involving a release or potential release of a hazardous substance under
s. 166.215 (3) or
166.22 (4).
166.20(2)(bm)2.
2. If a person responsible for the emergency involving a release or potential release of a hazardous substance under
s. 166.215 (3) or
166.22 (4) is financially able or has the money or resources necessary to reimburse a regional or local emergency response team for the expenses incurred by the regional or local emergency response team in responding to the emergency.
166.20(2)(bs)1.1. Promulgate rules that establish the procedures that a regional emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a level A release or a potential level A release.
166.20(2)(bs)2.
2. Promulgate rules that establish the procedures that a local emergency response team shall follow to determine if an emergency that requires the team's response exists as the result of a release or potential release of a hazardous substance, as defined in
s. 299.01 (6).
166.20(2)(c)
(c) Oversee the implementation of local emergency response plans by committees and provide assistance to committees in executing their duties under
sub. (3) (b) to the greatest extent possible.
166.20(2)(e)
(e) At least annually, submit a report to the governor indicating whether each county has a committee and whether the composition of each committee conforms to
42 USC 11001 (c).
166.20(2)(f)
(f) If the composition of a county's committee does not conform to
42 USC 11001 (c), inform the county board of that fact and of the county board's duty, under
s. 59.54 (8) (a) 1., to create a committee with members as specified in
42 USC 11001 (c).
166.20(3)
(3) Duties of committees. A committee shall:
166.20(3)(a)
(a) Carry out all requirements of a committee under the federal act.
166.20(3)(b)
(b) Upon receipt by the committee or the committee's designated community emergency coordinator of a notification under
sub. (5) (a) 2. of the release of a hazardous substance, take all actions necessary to ensure the implementation of the local emergency response plan.
166.20(3)(c)
(c) Consult and coordinate with the county board, the county and local heads of emergency management services designated under
s. 166.03 (4) (a) or
(b) and the county emergency management committee designated under
s. 166.03 (4) (c) in the execution of the local emergency planning committee's duties under this section.
166.20(4)
(4) Duties of the department of natural resources. The department of natural resources shall:
166.20(4)(a)
(a) Upon receipt of a notification under
sub. (5) (a) 2. or
s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the division.
166.20(4)(b)
(b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under
s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources may also, at the time of a release of a hazardous substance, identify and recommend to the division and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.
166.20(4)(c)
(c) Use the information contained in toxic chemical release forms submitted under
sub. (5) (a) 4. in the planning and implementation of programs related to the regulation, monitoring, abatement and mitigation of environmental pollution.
166.20(4m)
(4m) Cooperation. A state agency or local governmental unit may assist the division or a committee in the performance of its duties and may enter into an agreement with the division or a committee.
166.20(5)
(5) Notification and reporting requirements. 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.
