292.35(9)(d)1.1. The ability of the responsible parties to demonstrate that their contribution to the environmental pollution resulting from the disposal or discharge of hazardous substances can be distinguished from the contribution of other responsible parties. 292.35(9)(d)3.3. The degree of toxicity of the hazardous substances involved. 292.35(9)(d)4.4. The degree of involvement by the responsible parties in the generation, transportation, treatment, storage, disposal or discharge of the hazardous substances. 292.35(9)(d)5.5. The degree of cooperation by the responsible parties with federal, state or local officials to prevent or minimize harm to the public health or the environment. 292.35(9)(d)6.6. The degree of care exercised by the parties with respect to the hazardous substance, taking into account the characteristics of the hazardous substance. 292.35(9)(e)(e) A responsible party is not liable under par. (b) if the responsible party establishes by a preponderance of the evidence that the responsible party’s contribution to the environmental pollution resulting from the disposal or discharge of hazardous substances was caused solely by any of the following: 292.35(9)(e)3.3. An act or omission of a 3rd party, other than an officer, director, employee or agent of the responsible party, or other than a person whose act or omission occurs in connection with a direct or indirect contractual relationship with the responsible party if all of the following apply: 292.35(9)(e)3.a.a. The responsible party establishes by a preponderance of the evidence that the responsible party exercised due care with respect to the hazardous substances that caused environmental pollution. 292.35(9)(e)3.b.b. In exercising due care under subd. 3. a., the responsible party took into consideration the characteristics of the hazardous substances, in light of all relevant facts and circumstances. 292.35(9)(e)3.c.c. The responsible party took precautions against foreseeable acts or omissions of the 3rd party and the consequences that could foreseeably result from those acts or omissions. 292.35(9)(f)(f) Any responsible party may seek contribution from any other responsible party. Such a contribution claim may be brought as a separate action or may be brought in the action commenced against the responsible party under this section. 292.35(10)(10) Technical assistance. The department shall provide technical assistance to an umpire at the request of the umpire. The department may limit the amount of staff time allocated to each negotiation. 292.35(11)(11) Liability. Except as provided in sub. (7), no common law liability, and no statutory liability that is provided in other statutes, for damages resulting from a site or facility is affected in any manner by this section. The authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any other statutes or provided at common law. 292.35(13)(13) Fees. The department may, by rule, assess and collect fees to offset the cost of the department’s activities under this section. The fees may include an advance deposit, from which the department shall return the amount in excess of the cost of the department’s activities under this section. 292.35 Cross-referenceCross-reference: See also ch. NR 749, Wis. adm. code. 292.37292.37 Confidentiality of records. 292.37(1)(1) Records. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35 are public records subject to s. 19.21. 292.37(2)(a)(a) Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35. 292.37(2)(b)(b) Standards for granting confidential status. Except as provided under par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public. 292.37(2)(c)(c) Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status. 292.37(2)(d)(d) Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of ss. 292.31 and 292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information. 292.37 HistoryHistory: 1995 a. 227 s. 993. 292.41292.41 Abandoned containers. 292.41(1)(1) Definition. In this section, “abandoned container” means any container which contains a hazardous substance and is not being monitored and maintained.