SB55-SSA1,1064,19 292.65 (5) (b) 5. That all dry cleaning solvent is any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct-coupled delivery system.

SB55-SSA1, s. 3307 Section 3307. 292.65 (5) (b) 5. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 292.65 (5) (c) 3.

SB55-SSA1, s. 3308 Section 3308. 292.65 (5) (c) (intro.) of the statutes is created to read:

SB55-SSA1,1064,25 292.65 (5) (c) The owner or operator of a dry cleaning facility is not eligible for an award under this section unless the owner or operator has implemented the following enhanced pollution prevention measures:

SB55-SSA1, s. 3309 Section 3309. 292.65 (7) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1065,5 292.65 (7) (a) General. (intro.) Subject to pars. (c), (ce), (cm), and (d), eligible costs for an award under this section include reasonable and necessary costs paid incurred by the owner or operator of a dry cleaning facility because of a discharge of dry cleaning product at the dry cleaning facility for the following items only:

SB55-SSA1, s. 3310 Section 3310. 292.65 (7) (a) 2. of the statutes is amended to read:

SB55-SSA1,1065,8 292.65 (7) (a) 2. Investigation and assessment of contamination caused by a dry cleaning solvent product discharge from a dry cleaning facility.

SB55-SSA1, s. 3311 Section 3311. 292.65 (7) (a) 8. of the statutes is amended to read:

SB55-SSA1,1065,11 292.65 (7) (a) 8. Maintenance of equipment for dry cleaning solvent product recovery performed as part of remedial action activities.

SB55-SSA1, s. 3312 Section 3312. 292.65 (7) (a) 13. of the statutes is repealed.

SB55-SSA1, s. 3313 Section 3313. 292.65 (7) (c) 3. of the statutes is amended to read:

SB55-SSA1,1065,16 292.65 (7) (c) 3. Other costs that the department determines to be associated with, but not integral to, the investigation and remediation of a dry cleaning solvent product discharge from a dry cleaning facility.

SB55-SSA1, s. 3314 Section 3314. 292.65 (7) (d) of the statutes is amended to read:

SB55-SSA1,1065,21 292.65 (7) (d) Discharges from multiple activities. If hazardous substances are discharged at a dry cleaning facility as a result of dry cleaning operations and as a result of other activities, eligible costs under this section are limited to activities necessitated by the discharge of dry cleaning solvent product.

SB55-SSA1, s. 3315 Section 3315. 292.65 (8) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,1066,9 292.65 (8) (a) Application. (intro.) An owner or operator shall submit an application on a form provided by the department. An owner or operator may not submit an application before September 1, 1998. An owner or operator may not submit an application after August 30, 2003 2005, if the application relates to a dry cleaning facility that ceased to operate before September 1, 1998. An owner or operator may not submit an application after August 20, 2008, if the application relates to any other dry cleaning facility. The department shall authorize owners and operators to apply for awards at stages in the process under sub. (4) that the department specifies by rule. An application shall include all of the following documentation of activities, plans, and expenditures associated with the eligible costs incurred because of a dry cleaning solvent product discharge from a dry cleaning facility:

SB55-SSA1, s. 3316 Section 3316. 292.65 (8) (d) 7. of the statutes is amended to read:

SB55-SSA1,1066,12 292.65 (8) (d) 7. The applicant has not paid all of the fees under ss. 77.9961, and 77.9962 and 77.9963.

SB55-SSA1, s. 3317 Section 3317. 292.65 (8) (d) 8. of the statutes is amended to read:

SB55-SSA1,1066,19 292.65 (8) (d) 8. The dry cleaning solvent product discharge was caused on or after October 14, 1997, by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct-coupled delivery system.

SB55-SSA1, s. 3318 Section 3318. 292.65 (8) (e) 1. of the statutes is renumbered 292.65 (8) (e), and 292.65 (8) (e) (intro.), as renumbered, is amended to read:

SB55-SSA1,1066,25 292.65 (8) (e) Deductible. (intro.) The department may reimburse the owner or operator of a dry cleaning facility that is operating at the time that the owner or operator applies under par. (a) only for eligible costs incurred at each dry cleaning facility that exceed the following deductible:

SB55-SSA1, s. 3319 Section 3319. 292.65 (8) (e) 3. of the statutes is repealed.

SB55-SSA1, s. 3320 Section 3320. 292.65 (11) of the statutes is amended to read:

SB55-SSA1,1067,10 292.65 (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 solvent product at a 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). 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).

SB55-SSA1, s. 3321 Section 3321. 292.65 (13) of the statutes is amended to read:

SB55-SSA1,1067,15 292.65 (13) Council. The dry cleaner environmental response council shall advise the department concerning the programs program under this section and s. 292.66. The dry cleaner environmental response council shall evaluate the program under this section at least every 5 years, using criteria developed by the council.

SB55-SSA1, s. 3322 Section 3322. 292.66 of the statutes is repealed.