292.21(2)(a)1.
1. The representative acquires title to, or possession or control of, the real or personal property in the capacity of a representative.
292.21(2)(a)2.
2. The representative, through action or inaction, does not knowingly, willfully or recklessly cause a discharge of a hazardous substance.
292.21(2)(a)3.
3. The representative does not physically cause a discharge of a hazardous substance.
292.21(2)(a)4.
4. The representative does not have a beneficial interest in a trust, estate or similar entity that owns, possesses or controls the real or personal property.
292.21(2)(a)5.
5. The representative does not knowingly, willfully or recklessly fail to notify the department in accordance with s.
292.11 (2) of the discharge of a hazardous substance.
292.21(2)(b)1.
1. A representative that knew or should have known that the trust, estate or similar entity for which the representative is acting as a representative was established, or that assets were transferred to the trust, estate or similar entity, in order to avoid responsibility for a discharge of a hazardous substance.
292.21(2)(b)2.
2. A representative that fails to act in good faith to cause the trust, estate or similar entity for which the representative is acting as a representative to take the actions described in s.
292.11 (3) or to reimburse the department under s.
292.11 (7) (b). It is not a lack of good faith for a representative to resign as representative, to seek a court order directing the representative to act or refrain from acting or to challenge the department by any legal means.
292.21(2)(c)
(c) This subsection does not limit the responsibility of any trust, estate or similar entity to take the actions required under s.
292.11 (2),
(3),
(4) or
(7) (c) or any other provision of this chapter or to reimburse the department under s.
292.11 (7) (b).
292.21 Cross-reference
Cross-reference: See also ch.
NR 749, Wis. adm. code.
292.23
292.23
Responsibility of local governmental units; solid waste. 292.23(1)(a)
(a) “Local governmental unit" means a municipality, a redevelopment authority created under s.
66.1333, a public body designated by a municipality under s.
66.1337 (4), a community development authority, or a housing authority.
292.23(2)
(2)
Exemption from liability. Except as provided in sub.
(3), a local governmental unit is exempt from s.
289.05, and rules promulgated under that section, with respect to property acquired by the local governmental unit before, on, or after June 3, 2006, if any of the following applies:
292.23(2)(a)
(a) The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.
292.23(2)(b)
(b) The local governmental unit acquired the property from a local governmental unit that is exempt under this subsection with respect to the property.
292.23(2)(c)
(c) The local governmental unit acquired the property through a condemnation or other proceeding under ch.
32.
292.23(2)(d)
(d) The local governmental unit acquired the property for the purpose of slum clearance or blight elimination.
292.23(2)(e)
(e) The local governmental unit acquired the property through escheat.
292.23(3)(a)(a) Subsection
(2) does not apply with respect to environmental pollution or a discharge of a hazardous substance caused by any of the following:
292.23(3)(a)2.
2. A failure of the local governmental unit to take appropriate action to restrict access to the property in order to minimize costs or damages that may result from unauthorized persons entering the property.
292.23(3)(a)3.
3. A failure of the local governmental unit to sample and analyze unidentified substances in containers stored aboveground on the property.
292.23(3)(a)4.
4. A failure of the local governmental unit to remove and properly dispose of, or to place in a different container and properly store, any hazardous substance stored aboveground on the property in a container that is leaking or is likely to leak.