AB133-ASA1,1036,2 2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements.

AB133-ASA1,1036,5 3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

AB133-ASA1,1036,6 4. An enforcement standard is exceeded in bedrock.

AB133-ASA1, s. 1996c Section 1996c. 101.144 (2) (b) 1. of the statutes is amended to read:

AB133-ASA1,1036,10 101.144 (2) (b) 1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium priority risk or low priority risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.

AB133-ASA1, s. 1996e Section 1996e. 101.144 (2) (b) 2. of the statutes is amended to read:

AB133-ASA1,1036,14 101.144 (2) (b) 2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank.

AB133-ASA1, s. 1997c Section 1997c. 101.144 (3g) of the statutes is created to read:

AB133-ASA1,1037,8 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB133-ASA1,1037,13 (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce shall revise the rules using the procedure for promulgating the rules in par. (a).

AB133-ASA1, s. 1998ac Section 1998ac. 101.144 (3m) (a) 3. of the statutes is amended to read:

AB133-ASA1,1037,19 101.144 (3m) (a) 3. Establishes procedures, standards and schedules for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high priority, medium priority risk or low priority risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.

AB133-ASA1, s. 1998af Section 1998af. 101.63 (3m) of the statutes is created to read:

AB133-ASA1,1038,2 101.63 (3m) Contract with a private organization to provide education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state. The department may only contract with an organization under this subsection if the organization is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB133-ASA1, s. 1998ak Section 1998ak. 101.651 (title) of the statutes is amended to read:

AB133-ASA1,1038,4 101.651 (title) Certain municipalities excepted exempted.

AB133-ASA1, s. 1998ap Section 1998ap. 101.651 (1) (title) of the statutes is created to read:

AB133-ASA1,1038,6 101.651 (1) (title) Definition.

AB133-ASA1, s. 1998as Section 1998as. 101.651 (2) of the statutes is repealed.

AB133-ASA1, s. 1998av Section 1998av. 101.651 (2m) of the statutes is created to read:

AB133-ASA1,1038,13 101.651 (2m) Exemption by resolution. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless the municipality does any of the following by resolution:

AB133-ASA1,1038,18 (a) Requests under sub. (3) that the department or a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that the department or a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).

AB133-ASA1,1038,25 (b) Determines not to exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings under s. 101.65 (1) (a), not to exercise jurisdiction jointly under s. 101.65 (1) (b), not to request under sub. (3) that the department or a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and not to request under sub. (3) that the department or a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).

AB133-ASA1, s. 1998ay Section 1998ay. 101.651 (3) of the statutes is amended to read:

AB133-ASA1,1039,10 101.651 (3) Departmental and county authority in municipalities; generally. Except as provided in sub. (3m) or (3s), the department or a county may not enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the department or a county authority with respect to any other dwelling. Costs shall be collected under s. 101.65 (1) (c) or ss. 101.63 (9) and 101.65 (2) from the a person or municipality making the a request under this subsection.

AB133-ASA1, s. 1998bc Section 1998bc. 101.651 (3m) (title) of the statutes is created to read:

AB133-ASA1,1039,13 101.651 (3m) (title) Authority over erosion control in towns, unincorporated areas and certain exempted municipalities.

AB133-ASA1, s. 1998bg Section 1998bg. 101.651 (3m) of the statutes is renumbered 101.651 (3m) (a) and amended to read:

AB133-ASA1,1039,22 101.651 (3m) (a) The department may enforce s. 101.653 in a municipality that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). A county may enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion in any city or village that does not perform or contract for inspection services under s. 101.65 (1) (a) or (b) adopts a resolution under sub. (2m) (b). The department or the county shall collect a fee for the inspection services under this subsection.