AB133-SSA1,1287,2519 292.15 (2) (at) Discharges discovered after environmental investigations.
20Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1),
21(2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and
22(7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with
23respect to a discharge of a hazardous substance on or originating from a property if
24the discharge occurred before the environmental investigation under subd. 1. is
25completed and if all of the following apply:

11. An environmental investigation of the property and of any discharges of
2hazardous substances originating from the property is conducted and is approved by
3the department.

AB133-SSA1,1288,64 2. If required by the department, the voluntary party enters into an agreement
5with the department under which the voluntary party agrees to conduct a cleanup
6approved by the department.

AB133-SSA1,1288,127 3. The voluntary party obtains and maintains insurance to cover the costs of
8complying with s. 292.11 (3) with respect to a hazardous substance discharges that
9occurred before the investigation under subd. 1. is completed and that are discovered
10in the course of conducting a cleanup of the property, the insurance complies with
11rules promulgated by the department and the insurance names the voluntary party
12and this state as insureds.

AB133-SSA1,1288,1413 3m. If the department requires the voluntary party to enter into an agreement
14under subd. 2., the voluntary party conducts the agreed upon cleanup.

AB133-SSA1,1288,1715 4. A hazardous substance discharge that occurred before the investigation
16under subd. 1. is completed is discovered after the investigation under subd. 1. is
17approved and before the cleanup is completed.

AB133-SSA1,1288,2218 6. The voluntary party has not obtained approval of the investigation under
19subd. 1. or the agreement under subd. 2. by fraud or misrepresentation, by the
20knowing failure to disclose material information or under circumstances in which
21the voluntary party knew or should have known about more discharges of hazardous
22substances than were revealed by the investigation conducted under subd. 1.

AB133-SSA1,1289,224 292.15 (2) (b) Extent of exemptions. The exemptions provided in pars. (a), (ae),
25(ag) and (am) continue to apply after the date of certification by the department

1under par. (a) 3., (ae) 3. or (ag) 2., or approval by the department under par. (am),
2notwithstanding the occurrence of any of the following:

AB133-SSA1,1289,53 1. Statutes, rules or regulations are created or amended that would impose
4greater responsibilities on the voluntary party than those imposed under par. (a) 2.,
5(ae) 2. or (ag) 1.

AB133-SSA1,1289,96 2. The voluntary party fully complies with the rules promulgated by the
7department and any contract entered into under those rules under par. (a) 2., (ae) 2.
8or (ag) 1. but it is discovered that the cleanup fails to fully restore the environment
9and minimize the effects from a discharge of a hazardous substance.

AB133-SSA1,1289,1210 3. The contamination from a hazardous substance that is the subject of the
11cleanup under par. (a) 2., (ae) 2. or (ag) 1. is discovered to be more extensive than
12anticipated by the voluntary party and the department.

AB133-SSA1,1289,1414 292.15 (2) (c) (title) Prohibition on action.

AB133-SSA1,1289,1916 292.15 (2) (c) The department of justice may not commence an action under 42
17USC 9607 against any voluntary party meeting the criteria of this subsection to
18recover costs for which the voluntary party is exempt under pars. (a), (ac), (ag), (am),
19(at) and (b).

AB133-SSA1,1289,2121 292.15 (2) (d) (title) Exception.

AB133-SSA1,1290,223 292.15 (2) (e) Contract with insurer. If the department requires insurance
24under par. (ae) 3m. or (at) 3., the department may contract with an insurer to provide

1insurance required under par. (ae) 3m. or (at) 3. and may require voluntary parties
2to obtain coverage under the contract.

AB133-SSA1,1290,114 292.15 (3) Successors and assigns. The An exemption provided in sub. (2)
5applies to any successor or assignee of the voluntary party who qualifies as a
6voluntary party and who if the successor or assignee complies with the provisions of
7sub. (2) (a) 4. and 5. unless or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or
8(am) as though the successor or assignee were the voluntary party except that the
9exemption in sub. (2) does not apply if the successor or assignee knows that a
10certificate under sub. (2) (a) 3., (ae) 3., (ag) 12. or (am) was obtained by any of the
11means or under any of the circumstances specified in sub. (2) (a) 6.

AB133-SSA1,1290,1813 292.15 (4) Limited responsibility. (intro.) The responsibility of a voluntary
14party under sub. (2) (a) 2. may be monetarily limited by agreement between the
15voluntary party and the department if the voluntary party purchased the property
16from a local governmental unit that acquired the property in a way or for a purpose
17described in s. 292.11 (9) (e) 1m. a., b., c. or d. The agreement shall stipulate all of the
18following: