101.143(7)(b)
(b) If a person conducts a remedial action activity for a discharge at a petroleum product storage system or home oil tank system site, whether or not the person files a claim under this section, the claim and remedial action activity conducted are not evidence of liability or an admission of liability for any potential or actual environmental pollution.
101.143(7m)
(7m) Intervention in 3rd-party actions. An owner or operator of an underground petroleum product storage tank system shall notify the department of any action by a 3rd party against the owner or operator for compensation for bodily injury or property damage caused by a petroleum products discharge from the underground petroleum product storage tank system if the owner or operator may be eligible for an award under this section. The department may intervene in any action by a 3rd party against an owner or operator for compensation for bodily injury or property damage caused by a petroleum products discharge from an underground petroleum product storage tank system if the owner or operator may be eligible for an award under this section for compensation awarded in the action.
101.143(9)(a)(a) The department shall promulgate rules prescribing requirements for the records to be maintained by an owner or operator, person owning a home oil tank system or service provider and the periods for which they must retain those records.
101.143(9)(b)
(b) The department may inspect any document in the possession of an owner or operator, person owning a home oil tank system or service provider or any other person if the document is relevant to a claim for reimbursement under this section.
101.143(9m)(a)(a) For purposes of
subch. II of ch. 18, the petroleum storage remedial action program is a special fund program, and the petroleum inspection fund is a special fund. The petroleum inspection fund is a segregated fund created by the imposition of fees, penalties or excise taxes. The legislature finds and determines that a nexus exists between the petroleum storage remedial action program and the petroleum inspection fund in that fees imposed on users of petroleum are used to remedy environmental damage caused by petroleum storage.
101.143(9m)(b)
(b) Deposits, appropriations or transfers to the petroleum inspection fund for the purposes of the petroleum storage remedial action program may be funded with the proceeds of revenue obligations issued subject to and in accordance with
subch. II of ch. 18 and, if designated a higher education bond, in accordance with
subch. IV of ch. 18.
101.143(9m)(e)
(e) The department shall have all other powers necessary and convenient to distribute the special fund revenues and to distribute the proceeds of the revenue obligations in accordance with
subch. II of ch. 18 and, if designated a higher education bond, in accordance with
subch. IV of ch. 18, and to make payments under an agreement or ancillary arrangement entered into under
s. 18.55 (6) with respect to revenue obligations issued under this subsection.
101.143(9m)(f)
(f) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.
101.143(9m)(g)1.1. Subject to the limitation under
subd. 2., the building commission shall contract revenue obligations under this subsection, as soon as practicable after October 29, 1999, in the maximum amount that the building commission believes can be fully paid on a timely basis from moneys received or anticipated to be received.
101.143(9m)(g)2.
2. Revenue obligations issued under this subsection may not exceed $386,924,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, to pay accrued or capitalized interest, and to make payments under an agreement or ancillary arrangement entered into under
s. 18.55 (6) with respect to revenue obligations issued under this subsection.
101.143(9m)(h)
(h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the owners of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with
subch. II of ch. 18 and, if designated a higher education bond, in accordance with
subch. IV of ch. 18.
101.143(9m)(i)
(i) Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if the legislature reduces the rate of the petroleum inspection fee and if the funds in the petroleum inspection fund are insufficient to pay the principal and interest on the revenue obligations issued under
subch. II or
IV of ch. 18 pursuant to this subsection, the legislature shall make an appropriation from the general fund sufficient to pay the principal and interest on the obligations.
101.143(10)(a)(a) Any owner or operator, person owning a home oil tank system or service provider who fails to maintain a record as required by rules promulgated under
sub. (9) (a) may be required to forfeit not more than $5,000. Each day of continued violation constitutes a separate offense.
101.143(10)(b)
(b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section is guilty of a Class G felony.
101.143 History
History: 1987 a. 399;
1989 a. 31,
254,
255;
1991 a. 39,
82,
269;
1993 a. 16,
301,
416,
491;
1995 a. 27 ss.
3665 to
3683m,
9116 (5);
1995 a. 227,
247,
378,
417;
1997 a. 27,
35,
237,
252,
283;
1999 a. 9,
185;
2001 a. 16,
109;
2003 a. 33;
2005 a. 75;
2007 a. 20,
145;
2009 a. 28,
240;
2011 a. 32.
101.143 Cross-reference
Cross-reference: See also chs.
SPS 346 and
347, Wis. adm. code.
101.143 Annotation
That the commingling of contaminants from separate tanks was below DNR clean-up levels did not eliminate the fact that commingling can still occur resulting in one occurrence under sub. (1) (cs). Mews v. Department of Commerce,
2004 WI App 24,
269 Wis. 2d 641,
676 N.W.2d 160,
03-0055.
101.143 Annotation
The meeting described in sub. (2m) is intended to promote interagency coordination and is directory in nature rather than mandatory. Interdepartmental coordination may occur outside of meetings. However, the commerce department is not absolved of its responsibility to hold the interdepartmental meeting with the site owner required under sub. (2m). Mews v. Department of Commerce,
2004 WI App 24,
269 Wis. 2d 641,
676 N.W.2d 160,
03-0055.
101.143 Annotation
The proceeds of general obligation bonds may be used to fund awards under this section.
81 Atty. Gen. 114.
101.1435
101.1435
Removal of abandoned underground petroleum storage tanks. 101.1435(1)(a)
(a) "Backfill" does not include landscaping or replacing sidewalk, asphalt, fence, or sod or other vegetation.
101.1435(2)
(2) The department may contract with a person registered or certified under
s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:
101.1435(2)(a)
(a) The department determines that the underground petroleum product storage tank system is abandoned.
101.1435(2)(b)
(b) Using the method that the department uses to determine inability to pay under
s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.
101.1435(3)
(3) If the department incurs costs under
sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.
101.1435 History
History: 2009 a. 28.
101.144
101.144
Petroleum storage tank discharges. 101.144(1)(aq)
(aq) Except as provided under
sub. (3g), "high-risk site" means the site of a discharge of a petroleum product from a petroleum storage tank if at least one of the following applies:
101.144(1)(aq)1.
1. Repeated tests show that the discharge has resulted in a concentration of contaminants in a well used to provide water for human consumption that exceeds a preventive action limit, as defined in
s. 160.01 (6).
101.144(1)(aq)2.
2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements.
101.144(1)(aq)3.
3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in
s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.
101.144(1)(bm)
(bm) "Petroleum storage tank" means a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system. "Petroleum storage tank" does not include a pipeline facility.
101.144(1)(c)
(c) "Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.
101.144(1)(d)
(d) "Responsible person" means a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located.
101.144(2)(a)(a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under
par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under
par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources for the cleanup of discharges of hazardous substances.
101.144(2)(b)
(b) The program under this section covers a discharge of a petroleum product from a petroleum storage tank if all of the following apply:
101.144(2)(b)1.
1. The site of the discharge is classified, as provided under
sub. (3m) (a) 3., as medium risk or low risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.
101.144(2)(b)2.
2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank.
101.144(3)
(3) The department of natural resources may take action under
s. 292.11 (7) (a) or may issue an order under
s. 292.11 (7) (c) in response to a discharge that is covered under
sub. (2) (b) only if one or more of the following apply:
101.144(3)(a)
(a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.
101.144(3)(b)
(b) The department of safety and professional services requests the department of natural resources to take the action or issue the order.
101.144(3)(c)
(c) The secretary of natural resources approves the action or order in advance after notice to the secretary of safety and professional services.
101.144(3)(d)
(d) The department of natural resources takes action under
s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under
s. 292.11 (7) (c) in compliance with this subsection.
101.144(3)(e)
(e) The department of natural resources takes the action under
s. 292.11 (7) (a) because the identity of the responsible person is unknown.
101.144(3g)(a)(a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of safety and professional services shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
101.144(3g)(b)
(b) If, 6 months after rules under
par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services shall revise the rules using the procedure for promulgating the rules in
par. (a).
101.144(3m)(a)(a) The department of safety and professional services and the department of natural resources shall enter into a memorandum of understanding that does all of the following:
101.144(3m)(a)1.
1. Establishes the respective functions of the 2 departments in the administration of this section and
s. 101.143.
101.144(3m)(a)2.
2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under
s. 292.11 (7).
101.144(3m)(a)3.
3. Establishes standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as medium risk or low risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.
101.144(3m)(b)
(b) The department of safety and professional services and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.
101.144(4)
(4) Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
101.144 Cross-reference
Cross-reference: See also chs.
SPS 346 and
347, Wis. adm. code.
101.145(1)(1)
Definitions. As used in this section:
101.145(1)(a)
(a) "Residential building" means any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children's home, community-based residential facility or dormitory but does not include a hospital or nursing home.
101.145(1)(b)
(b) "Sleeping area" means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.
101.145(1)(c)
(c) "Smoke detector" means a device which detects particles or products of combustion other than heat.
101.145(1)(d)
(d) "Unit" means a residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
101.145(2)
(2) Approval. A smoke detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.
101.145(3)(a)(a) The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector.
101.145(3)(b)
(b) The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.
101.145(3)(c)
(c) The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
101.145(4)
(4) Requirement. The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within 6 feet of each sleeping area and not in a kitchen.
101.145(5)
(5) Penalty. Whoever violates this section shall forfeit to the state not more than $50 for each day of violation.
101.145(6)
(6) Department inspection and orders. The department may inspect all residential buildings, except the interior of private dwellings, as may be necessary to ensure compliance with this section. The department may inspect the interior of private dwellings at the request of the owner or renter as may be necessary to ensure compliance with this section. The department may issue orders as may be necessary to ensure compliance with this section.
101.147
101.147
Contractor registration. 101.147(1)
(1) No person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department.
101.147(2)
(2) The department shall promulgate rules to administer and enforce this section.
101.147(3)
(3) The department may directly assess a forfeiture by issuing an order against any person who violates this section.
101.147(4)
(4) The registration requirement under
sub. (1) does not apply to any of the following:
