AB40-ASA1,945,25 101.143 (3) (cs) 4. The department of commerce safety and professional services may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce safety and professional services and the department of natural resources may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB40-ASA1, s. 2359 Section 2359. 101.143 (3) (cw) 1. of the statutes is amended to read:

AB40-ASA1,946,10 101.143 (3) (cw) 1. The department of commerce safety and professional services shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as low or medium risk under s. 101.144 and shall determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement under this section for any remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB40-ASA1, s. 2360 Section 2360. 101.143 (3) (cw) 2. of the statutes is amended to read:

AB40-ASA1,946,20 101.143 (3) (cw) 2. The department of natural resources and the department of commerce safety and professional services shall conduct the annual review required under sub. (2) (i) 1. for a site that is classified as high risk under s. 101.144 and shall jointly determine the least costly method of completing remedial action at the site in order to comply with par. (c) 3. and with enforcement standards. The departments shall notify the owner or operator of their determination of the least costly method and shall notify the owner or operator that reimbursement under this section for remedial action conducted after the date of the notice is limited to the amount necessary to implement that method.

AB40-ASA1, s. 2361 Section 2361. 101.143 (3) (cw) 3. of the statutes is amended to read:

AB40-ASA1,946,25 101.143 (3) (cw) 3. In making determinations under subds. 1. and 2., the department of natural resources and the department of commerce safety and professional services shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards.

AB40-ASA1, s. 2362 Section 2362. 101.143 (3) (cw) 4. of the statutes is amended to read:

AB40-ASA1,947,9 101.143 (3) (cw) 4. The department of commerce safety and professional services may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. The department of commerce safety and professional services and the department of natural resources may review and modify an amount established under subd. 2. if the departments determine that new circumstances, including newly discovered contamination at a site, warrant those actions.

AB40-ASA1, s. 2363 Section 2363. 101.143 (3) (d) of the statutes is amended to read:

AB40-ASA1,947,15 101.143 (3) (d) Final review of remedial action activities. The department of natural resources or, if the discharge is covered under s. 101.144 (2) (b), the department of commerce safety and professional services shall complete a final review of the remedial action activities within 60 days after the claimant notifies the appropriate department that the remedial action activities are completed.

AB40-ASA1, s. 2364 Section 2364. 101.143 (3) (f) 5. of the statutes is amended to read:

AB40-ASA1,947,18 101.143 (3) (f) 5. The written approval of the department of natural resources or the department of commerce safety and professional services under par. (c) 4.

AB40-ASA1, s. 2365 Section 2365. 101.143 (3) (g) of the statutes is amended to read:

AB40-ASA1,948,4 101.143 (3) (g) Emergency situations. Notwithstanding pars. (a) 3. and (c) 1. and 2., an owner or operator or the person may submit a claim for an award under sub. (4) after notifying the department under par. (a) 3., without completing an investigation under par. (c) 1. and without preparing a remedial action plan under par. (c) 2. if an emergency existed which made the investigation under par. (c) 1. and the remedial action plan under par. (c) 2. inappropriate and, before conducting remedial action, the owner or operator or person notified the department of commerce safety and professional services and the department of natural resources of the emergency and the department of commerce safety and professional services and the department of natural resources authorized emergency action.

AB40-ASA1, s. 2366 Section 2366. 101.143 (4) (a) 6. of the statutes is amended to read:

AB40-ASA1,948,8 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems described in par. (ei).

AB40-ASA1, s. 2367 Section 2367. 101.143 (4) (a) 7. of the statutes is amended to read:

AB40-ASA1,948,13 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB40-ASA1, s. 2368 Section 2368. 101.143 (4) (cc) 2. b. of the statutes is amended to read:

AB40-ASA1,948,18 101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 238.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

AB40-ASA1, s. 2369 Section 2369. 101.143 (4) (ei) 2m. of the statutes is amended to read:

AB40-ASA1,948,24 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce safety and professional services or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB40-ASA1, s. 2370 Section 2370. 101.143 (4) (es) 1. of the statutes is amended to read:

AB40-ASA1,949,7 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce safety and professional services or the department of natural resources and no discharge or contamination is found.

AB40-ASA1, s. 2371 Section 2371. 101.144 (3) (b) of the statutes is amended to read:

AB40-ASA1,949,10 101.144 (3) (b) The department of commerce safety and professional services requests the department of natural resources to take the action or issue the order.

AB40-ASA1, s. 2372 Section 2372. 101.144 (3) (c) of the statutes is amended to read:

AB40-ASA1,949,13 101.144 (3) (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce safety and professional services.