895.56(2)(b)
(b) In the course of performing a contract described in
par. (a), petroleum-contaminated soil was encountered on the property on which the contracted activity is taking place, and the petroleum-contaminated soil cannot be avoided in performing the contract.
895.56(2)(c)
(c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under
s. 84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.
895.56(3)
(3) Subsection (2) does not apply to any person to whom any of the following applies:
895.56(3)(a)
(a) The person brought petroleum-contaminated soil onto the property or otherwise caused the initial contamination of the property with a hazardous substance, as defined in
s. 292.01 (5).
895.56(3)(b)
(b) The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
895.56(3)(c)
(c) The person fails to warn the department of transportation or the department of natural resources about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources.
895.56(3)(d)
(d) The person is under a previous or separate contract with a state agency, as defined in
s. 1.12 (1) (b), solely to remove or remedy petroleum-contaminated soil or hazardous substances on the property.
895.56(3)(e)
(e) The person causes personal injury or wrongful death.
895.56 History
History: 1997 a. 237.
895.57
895.57
Damages and immunity; unauthorized release of animals. 895.57(1)(ag)
(ag) "Animal" means all vertebrate and invertebrate species, including mammals, birds, fish and shellfish but excluding humans.
895.57(2)
(2) A person who intentionally releases an animal that is lawfully confined for scientific, farming, companionship or protection of persons or property, recreation, restocking, research, exhibition, commercial or educational purposes, acting without the consent of the owner or custodian of the animal, is liable to the owner or custodian of the animal for damages, punitive damages, attorney fees and interest on the amount of the damages incurred at the rate of 12% per year from the date of the intentional release. The damages awarded shall include the costs of restoring the animal to confinement.
895.57(3)
(3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employee of the department of natural resources while on any land licensed under
s. 169.15,
169.18, or
169.19, subject to certification under
s. 90.21, or designated as a wildlife refuge under
s. 29.621 (1) or employee of the department of agriculture, trade and consumer protection if the officer's or employee's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.
895.57(4)(a)(a) In this subsection, "security device" includes any of the following:
895.57(4)(a)2.
2. A theft alarm signal device, a burglar alarm or any other security alarm system or device.
895.57(4)(b)
(b) Subject to
par. (d), an owner or custodian of a confined animal is immune from civil liability for any damages to a person who suffers the damages while violating or attempting to violate
s. 943.75 (2) or
(2m).
895.57(4)(c)
(c) An owner or custodian of an animal that is released in violation of
s. 943.75 (2) or
(2m) is immune from liability for any damages caused by that released animal.
895.57(4)(d)
(d) The immunity provided to an owner or custodian of a confined animal under
par. (b) does not apply if the injury was caused by a security device that is intended or likely to cause death or great bodily harm, as defined in
s. 939.22 (14).
895.58
895.58
Liability exemption; use of special waste under public works contracts. 895.58(1)(a)
(a) "Department" means the department of natural resources.
895.58(1)(b)
(b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
895.58(1)(c)
(c) "Public works project" means any work done under contract to a state agency or local governmental unit.
895.58(1)(d)
(d) "Special waste" means any type of solid waste for which the department has granted a waiver or an exemption under
s. 289.43 (3),
(4),
(7), or
(8) or that is exempt by rule promulgated under
s. 289.05 (4).
895.58(2)
(2) The department may characterize a special waste as suitable for beneficial use in public works projects. The department shall compile and maintain a list of special wastes that are suitable for use in specified types of public works projects in a format readily available to the general public and only those special wastes may be required by contracting agencies to be used in a public works project. The list may include conditions under which the special waste may be used in the public works project in order for
subs. (3) and
(4) to be applicable. The list under this subsection is not a rule under
s. 227.01 (13).
895.58(3)
(3) Special waste, when used in a public works project, is exempt from regulation as solid waste under
ch. 289 if all of the applicable conditions included in the list compiled under
sub. (2) are met.
895.58(4)
(4) A person is immune from liability for the use of special waste on a public works project or for damages resulting from the person's actions or omissions relating to the use of the special waste on a public works project if all of the following apply:
895.58(4)(a)
(a) The acts or omissions by the person occurred while performing work under a contract for a public works project including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in
s. 779.01 (2) (d), under a contract for a public works project to perform labor or furnish materials.
895.58(4)(b)
(b) The acts or omissions involving the special wastes were required or permitted in a contract for a public works project and the acts or omissions conformed to the provisions of the contract.
895.58(5)
(5) Subsection (4) does not apply to any person to whom either of the following applies:
895.58(5)(a)
(a) The person's act or omission involved reckless, wanton or intentional misconduct.
895.58(5)(b)
(b) The person's act or omission resulted in injury or death to an individual.
895.59
895.59
Liability exemption; disclosure of rule violations. 895.59(2)
(2) Each agency shall promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business. The rule promulgated under this subsection shall include the reduction or waiver of penalties for a voluntary disclosure, by a small business, of actual or potential violations of rules or guidelines. The rule promulgated under this subsection may include the consideration of the violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge. The rule promulgated under this subsection shall specify when the agency will not allow discretion in the enforcement of a rule or guideline against small businesses and shall include all of the following situations in which discretion is not allowed:
895.59(2)(a)
(a) The agency discovers the violation before the small business discloses the violation.
895.59(2)(b)
(b) The violation is disclosed after an agency audit or inspection of the small business has been scheduled.
895.59(2)(c)
(c) The violation was identified as part of the monitoring or sampling requirements that are consistent with the requirements under an existing permit.
895.59(2)(d)
(d) The violation results in a substantial economic advantage for the small business.
895.59(2)(e)
(e) The small business has repeatedly violated the same rule or guideline.
895.59(2)(f)
(f) The violation may result in an imminent endangerment to the environment, or to public health or safety.
895.59 History
History: 2003 a. 145.
