292.65(8)(h)
(h)
Contributory negligence. The department may not diminish or deny an award under this section as a result of negligence attributable to the applicant or any person who is entitled to submit an application, except as provided in
par. (d) 3.
292.65(8)(i)
(i)
Assignment of awards. The filing by an applicant with the department of an assignment of an award under this section to a person who loans money to the applicant for the purpose of conducting activities required under
sub. (4) creates and perfects a lien in favor of the assignee in the proceeds of the award. The lien secures all principal, interest, fees, costs and expenses of the assignee related to the loan. The lien under this paragraph has priority over any previously existing or subsequently created lien, assignment, security interest or other interest in the proceeds of the award.
292.65(8)(j)1.1. If an owner or operator prepares and submits an application that includes ineligible costs that are identified under
subd. 3., the department shall calculate the award by determining the amount that the award would otherwise be under
pars. (e) and
(f) based only on the eligible costs and then by reducing that amount by 50% of the ineligible costs under
subd. 2. that are included in the application.
292.65(8)(j)2.
2. If a person other than an owner or operator prepares an application that is submitted by the owner or operator and that includes ineligible costs that are identified under
subd. 3., the person shall pay to the department an amount equal to 50% of the ineligible costs identified under
subd. 3. that are included in the application. A person, other than an owner or operator, who prepares an application may not charge the owner or operator for any amount that the person is required to pay under this subdivision. Payments made under this subdivision shall be deposited in the dry cleaner environmental response fund.
292.65(8)(j)3.
3. The department shall promulgate a rule identifying the ineligible costs to which
subds. 1. and
2. apply.
292.65(8)(j)3m.
3m. If a person other than an owner or operator prepares a statement that is submitted by the owner or operator to obtain payment for costs incurred by a 3rd party under
sub. (7) (b) and the statement includes ineligible costs, the person shall pay to the department an amount equal to 50% of the amount of ineligible costs included in the statement. Payments made under this subdivision shall be deposited in the dry cleaner environmental response fund.
292.65(8)(j)4.
4. If, prior to receiving an award under this section, an owner or operator receives payment from another person, including an insurance company, arising out of an application for payment of any eligible costs or receives a tax credit based on any eligible costs, the department may not reimburse the owner or operator any amount that exceeds the difference between the amount of the award calculated under
subd. 1. or
2. and
pars. (e) and
(f) and the amount by which the payment exceeds the sum of the deductible and the amount by which the amount calculated under
par. (e) exceeds the maximum award under
par. (f).
292.65(8m)
(8m) Reimbursement of payments and tax credits. If, after an owner or operator receives an award under this section, the owner or operator receives payment from another person, including an insurance company, arising out of an application for payment of any eligible costs or receives a tax credit based on any eligible costs, the owner or operator shall pay to the department any amount by which the payment or tax credit exceeds the difference between the total amount of eligible costs and the amount of the award, but not more than the amount of the award. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.
292.65(9)(a)(a)
Right of action. A right of action under this section shall accrue to the state against an owner or operator only if the owner or operator submits a fraudulent application or does not meet the requirements under this section and if an award is issued under this section to the owner or operator for eligible costs under this section.
292.65(9)(b)
(b)
Action to recover awards. The attorney general shall take appropriate actions to recover awards to which the state is entitled under
par. (a). The department shall request that the attorney general take action if the department discovers a fraudulent application after an award is issued.
292.65(9)(c)
(c)
Disposition of funds. The net proceeds of the recovery under
par. (b) shall be paid into the dry cleaner environmental response fund.
292.65(10)(a)(a) No common law liability, and no statutory liability that is provided in a statute other than this section, for damages resulting from a dry cleaning facility is affected by this section. Except as provided in
par. (b), the authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any statute other than this section or provided at common law.
292.65(10)(b)
(b) An award under this section is the exclusive method for the recovery of the amount of eligible costs equal to the amount of the award that may be issued under this section.
292.65(10)(c)
(c) If a person conducts a remedial action activity for a discharge at a dry cleaning facility site, whether or not the person files an application under this section, the remedial action activity conducted and any application filed under this section are not evidence of liability or an admission of liability for any potential or actual environmental pollution.
292.65(11)
(11) Environmental fund reimbursement. If the department expends funds from the environmental fund under
s. 292.11 (7) (a) or
292.31 (3) (b) because of a discharge of dry cleaning product at a dry cleaning facility and there is a person who would be an eligible owner or operator under this section for the dry cleaning facility, the department shall transfer from the appropriation account under
s. 20.370 (6) (eq) to the environmental fund an amount equal to the amount expended under
s. 292.11 (7) (a) or
292.31 (3) (b) less the applicable deductible under
sub. (8) (e). The department shall make transfers under this subsection when the department determines that sufficient funds are available in the appropriation account under
s. 20.370 (6) (eq).
292.65(12)(a)(a) The department shall promulgate rules prescribing requirements for the records to be maintained by an owner, operator or service provider and the periods for which they must retain those records.
292.65(12)(b)
(b) The department may inspect any document in the possession of an owner, operator or service provider or any other person if the document is relevant to an application for reimbursement under this section.
292.65(12m)
(12m) Prohibition. No person may knowingly make or cause to be made a false or misleading statement in any document submitted to the department under this section.
292.65(13)
(13) Council. The dry cleaner environmental response council shall advise the department concerning the program under this section. The dry cleaner environmental response council shall evaluate the program under this section at least every 5 years, using criteria developed by the council.
292.65(14)
(14) Sunset. This section does not apply after June 30, 2032.
292.65 Cross-reference
Cross Reference: See also ch.
NR 169, Wis. adm. code.
292.70
292.70
Indemnification for disposal of polychlorinated biphenyls. 292.70(2)
(2) Indemnification agreements concerning disposal of contaminated sediments. Subject to
sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against liability for damage to persons, property or the environment resulting from the municipality's acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.
292.70(3)
(3) Indemnification agreements concerning treatment of contaminated leachate. Subject to
sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against any liability for damage to persons, property or the environment resulting from the municipality's conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.
292.70(4)
(4) Requirements. The department may enter into an agreement under
sub. (2) or
(3) only if all of the following apply:
292.70(4)(a)
(a) The agreement is approved by the governor and the governing body of the municipality.
292.70(4)(b)
(b) The agreement specifies a method for determining whether the municipality is liable for damage described in
sub. (2) or
(3).
292.70(4)(c)
(c) The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.
292.70(4)(d)
(d) The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.
292.70(4)(e)
(e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.
292.70(4)(f)
(f) The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.
292.70(6)
(6) Immunity. This section and any agreement entered into under
sub. (3) or
(4) may not be construed as consent to sue this state.
292.70(7)
(7) Review and payment. If a claim is filed under an agreement under
sub. (2) or
(3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under
s. 20.370 (2) (fq).
292.70 History
History: 1999 a. 9.
292.72
292.72
Brownfields revolving loan program. 292.72(1)
(1) The department may enter into an agreement with the federal environmental protection agency under which the department receives funds under
42 USC 9604 (k) (3) (A) (i) to establish and administer a brownfields revolving loan program. If the department receives funds under this subsection, it may make loans or grants for the remediation of brownfield sites, as defined in
42 USC 9601 (39), in accordance with the agreement.
292.72(2)
(2) At the request of another governmental entity, the department may administer funds received under
42 USC 9604 (k) (3) (A) (i) by the other governmental entity for the establishment of a brownfields revolving loan program.
292.72 History
History: 2003 a. 314.
292.75
292.75
Brownfield site assessment grants. 292.75(1)(a)
(a) "Eligible site or facility" means one or more contiguous industrial or commercial facilities or sites with common or multiple ownership that are abandoned, idle, or underused, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.
292.75(1)(b)
(b) "Local governmental unit" means a city, village, town, county, redevelopment authority created under
s. 66.1333, community development authority created under
s. 66.1335, or housing authority.
292.75(1)(d)
(d) "Underground hazardous substance storage tank system" means an underground storage tank used for storing a hazardous substance other than a petroleum product together with any on-site integral piping or dispensing system with at least 10% of its total volume below the surface of the ground.
292.75(2)(a)(a) The department shall administer a program to award brownfield site assessment grants from the appropriation under
s. 20.370 (6) (et) to local governmental units for the purposes of conducting any of the eligible activities under
sub. (3).
292.75(2)(b)
(b) The department may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.
292.75(2)(c)
(c) The department may only award grants under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.
292.75(2)(d)
(d) The department shall promulgate rules as necessary to administer the program. Rules promulgated by the department under this paragraph may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in
sub. (3).
292.75(3)
(3) Eligible activities. The department may award grants to local governmental units to cover the costs of the following activities:
292.75(3)(a)
(a) The investigation of environmental contamination on an eligible site or facility for the purposes of reducing or eliminating environmental contamination.
292.75(3)(b)
(b) The demolition of any structures, buildings or other improvements located on an eligible site or facility.
292.75(3)(c)
(c) The removal of abandoned containers, as defined in
s. 292.41 (1), from an eligible site or facility.
292.75(3)(d)
(d) Asbestos abatement activities, as defined in
s. 254.11 (2), conducted as part of activities described in
par. (b) on an eligible site or facility.
292.75(3)(e)
(e) The removal of underground hazardous substance storage tank systems.
292.75(3)(f)
(f) The removal of underground petroleum product storage tank systems.
292.75(4)
(4) Application for grant. The applicant shall submit an application on a form prescribed by the department and shall include any information that the department finds necessary to calculate the amount of a grant.
292.75(5)
(5) Grant criteria. The department shall consider the following criteria when determining whether to award a grant:
292.75(5)(a)
(a) The local governmental unit's demonstrated commitment to performing and completing necessary environmental remediation activities on the eligible site, including the local governmental unit's financial commitment.
292.75(5)(b)
(b) The degree to which the project will have a positive impact on public health and the environment.
292.75(5)(c)
(c) Other criteria that the department finds necessary to calculate the amount of a grant.
292.75(6)
(6) Limitation of grant. The total amount of all grants awarded to a local governmental unit in a fiscal year under this section shall be limited to an amount equal to 15% of the available funds appropriated under
s. 20.370 (6) (et) for the fiscal year.
292.75(7)
(7) Matching funds. The department may not distribute a grant unless the applicant contributes matching funds equal to 20% of the grant. Matching funds may be in the form of cash or in-kind contribution or both.
292.75 History
History: 1999 a. 9;
2001 a. 16,
30.
292.79
292.79
Brownfields green space grants. 292.79(2)
(2) The department shall administer a program under which the department awards grants to local governmental units for projects to remedy environmental contamination of brownfields. A project is eligible for a grant under this section if it has a long-term public benefit, including the preservation of green space, the development of recreational areas, or the use of a property by the local government.
292.79 History
History: 2001 a. 16.
292.79 Cross-reference
Cross Reference: See also ch.
NR 173, Wis. adm. code.
292.81(1)(1) In this section, "valid prior lien" means a purchase money real estate mortgage that is recorded before the lien is filed under this section, including any extension or refinancing of that purchase money mortgage, or an equivalent security interest, or a 2nd or subsequent mortgage for home improvement or repair that is recorded before the lien is filed under this section, including any extension or refinancing of that 2nd or subsequent mortgage.
292.81(2)(a)(a) Before incurring expenses under
s. 292.11 or
292.31 (1),
(3) or
(7) with respect to a property, the department shall provide to the current owner of the property and to any mortgagees of record a notice containing all of the following:
292.81(2)(a)3.
3. A statement that the property owner could be liable for the expenses incurred by the department.
292.81(2)(a)4.
4. A statement that the department could file a lien against the property to recover the expenses incurred by the department.
292.81(2)(a)5.
5. An explanation of whom to contact in the department to discuss the matter.
292.81(2)(b)
(b) The department shall provide notice under
par. (a) by certified mail, return receipt requested, to the property owner and to each mortgagee of record at the addresses listed on the recorded documents. If the property owner is unknown or if a mailed notice is returned undelivered, the department shall provide the notice by publication thereof as a class 3 notice under
ch. 985.
292.81(2)(c)
(c) The failure to provide the notice or include information required under this subsection does not impair the department's ability to file a lien or to seek to establish the property owner's liability for the expenses incurred by the department.
