292.68(5)
(5) Estimate of in-state disposal costs. 292.68(5)(a)(a) If there is a facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by
sub. (4) (e) using the disposal costs for that facility.
292.68(5)(b)
(b) Except as provided in
par. (c), if there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater, an applicant shall make the estimate required by
sub. (4) (e) in one of the following ways:
292.68(5)(b)1.
1. Based on the costs of disposing of PCB contaminated sediment at facilities in other states, other than the facility that the applicant uses for disposal of the contaminated sediments, that are comparable to a facility that, if constructed in this state, would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.
292.68(5)(b)2.
2. Based on the costs of constructing and operating a facility in this state that would meet the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.
292.68(5)(c)
(c) If there is no facility in this state that is approved for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater and if the department has accepted, within 2 years of the date that an applicant submits an application, an estimate required by
sub. (4) (e) using the method under
par. (b) 1., the applicant may use that estimate to satisfy
sub. (4) (e).
292.68(5)(d)
(d) If an applicant is required to make an estimate under
par. (b), the applicant shall include in the application an explanation of the method used to estimate the cost of transporting the PCB contaminated sediment to a facility in this state.
292.68(6)
(6) Notification of completeness. When the department receives an application under
sub. (4), the department shall notify the claimant whether the application is complete and, if the application is not complete, the information that the applicant must submit to complete the application.
292.68(7)(a)(a) Subject to
pars. (b) and
(c), the department shall approve a complete application that complies with
sub. (4) and the rules promulgated under
sub. (11) if the department determines that the disposal costs incurred by the applicant and any other costs that the department determines to be reasonably necessary and attributable to the out-of-state disposal exceed what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.
292.68(7)(b)
(b) The department may only approve reimbursement for costs incurred on or after the first day of the 24th month before the month in which the application is submitted, except that the department may approve reimbursement for costs incurred between May 1, 2007, and June 30, 2009, if the application is submitted before July 1, 2011.
292.68(7)(c)
(c) The department shall deny an application if the department determines that the application is fraudulent.
292.68(8)(a)(a) Except as provided in
par. (b), if the department approves an application under
sub. (4), the department shall, within 60 days of receiving the complete application, pay the applicant an amount equal to 95 percent of the amount by which the sum of the approved costs exceeds what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.
292.68(8)(b)
(b) If the amount determined under
par. (a) exceeds the amount available in the appropriation account under 20.370 (6) (ev), the department shall pay the excess when additional funds become available.
292.68(9)(a)(a) No later than the 30th day after the day on which the department approves or denies an application under
sub. (4), the applicant may submit a petition for reconsideration to the secretary. The secretary shall issue a decision on whether to grant the petition no later than the 20th day after the day on which the applicant submits the petition. If the secretary grants the petition, the secretary shall meet with the applicant and employees of the department and shall issue a decision on the reconsideration no later than the 30th day after the day of the meeting.
292.68(9)(b)
(b) No later than the 30th day after the day on which the department approves or denies an application under
sub. (4) or, if the applicant petitioned for reconsideration under
par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, the applicant may request a contested case hearing under
ch. 227.
292.68(9)(c)
(c) No later than the 30th day after the day on which the department approves or denies an application under
sub. (4) or, if the applicant petitioned for reconsideration under
par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, or, if the applicant requested a contested case hearing under
ch. 227, no later than the 30th day after the day on which the final decision on the contested case is issued, an applicant may petition for judicial review of the department's decision on the application.
292.68(10)(a)(a) The availability of reimbursement under this section is not a bar to any other statutory or common law remedy for a responsible party to recover costs of disposing of PCB contaminated sediment. A responsible party is not required to seek reimbursement under this section before seeking any other statutory or common law remedy.
292.68(10)(b)
(b) Findings and conclusions under this section are not admissible in any civil action.
292.68(11)
(11) Rules. The department shall promulgate rules specifying procedures for the submission, review, and approval of claims under this section.
292.68 History
History: 2007 a. 20;
2009 a. 28.
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.
292.81(2)(d)
(d) No notice under this subsection is necessary in circumstances in which entry onto the property without prior notice is authorized under
s. 292.11 (8).
292.81(3)
(3) Any expenditures made by the department under
s. 292.11 or
292.31 (1),
(3) or
(7) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this section shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in
s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.
