Chapter 292

292.68(8)(a) (a) Except as provided in par. (b), if the department approves an application under sub. (4), the department shall, within 60 days of receiving the complete application, pay the applicant an amount equal to 95 percent of the amount by which the sum of the approved costs exceeds what the disposal costs would be using a facility in this state that meets the applicable state and federal requirements for the disposal of sediment that contains polychlorinated biphenyls in a concentration of 50 parts per million or greater.

292.68(8)(b) (b) If the amount determined under par. (a) exceeds the amount available in the appropriation account under s. 20.370 (6) (ev), the department shall pay the excess when additional funds become available.

292.68(9) (9) Review of decision.

292.68(9)(a) (a) No later than the 30th day after the day on which the department approves or denies an application under sub. (4), the applicant may submit a petition for reconsideration to the secretary. The secretary shall issue a decision on whether to grant the petition no later than the 20th day after the day on which the applicant submits the petition. If the secretary grants the petition, the secretary shall meet with the applicant and employees of the department and shall issue a decision on the reconsideration no later than the 30th day after the day of the meeting.

292.68(9)(b) (b) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, the applicant may request a contested case hearing under ch. 227.

292.68(9)(c) (c) No later than the 30th day after the day on which the department approves or denies an application under sub. (4) or, if the applicant petitioned for reconsideration under par. (a), no later than the 30th day after the day on which the secretary denied the petition or issued a decision on reconsideration, or, if the applicant requested a contested case hearing under ch. 227, no later than the 30th day after the day on which the final decision on the contested case is issued, an applicant may petition for judicial review of the department’s decision on the application.

292.68(10) (10) Effect of program.

292.68(10)(a) (a) The availability of reimbursement under this section is not a bar to any other statutory or common law remedy for a responsible party to recover costs of disposing of PCB contaminated sediment. A responsible party is not required to seek reimbursement under this section before seeking any other statutory or common law remedy.

292.68(10)(b) (b) Findings and conclusions under this section are not admissible in any civil action.

292.68(11) (11) Rules. The department shall promulgate rules specifying procedures for the submission, review, and approval of claims under this section.

292.68 History History: 2007 a. 20; 2009 a. 28; 2015 a. 197 s. 51; 2015 a. 204.

292.70 292.70 Indemnification for disposal of polychlorinated biphenyls.

292.70(1) (1) Definition. In this section, “PCBs” has the meaning given in s. 299.45 (1) (a).

292.70(2) (2) Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against liability for damage to persons, property or the environment resulting from the municipality’s acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.

292.70(3) (3) Indemnification agreements concerning treatment of contaminated leachate. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against any liability for damage to persons, property or the environment resulting from the municipality’s conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.

292.70(4) (4) Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:

292.70(4)(a) (a) The agreement is approved by the governor and the governing body of the municipality.

292.70(4)(b) (b) The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).

292.70(4)(c) (c) The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.

292.70(4)(d) (d) The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.

292.70(4)(e) (e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.

292.70(4)(f) (f) The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.

292.70(6) (6) Immunity. This section and any agreement entered into under sub. (3) or (4) may not be construed as consent to sue this state.

292.70(7) (7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (4) (fq).

292.70 History History: 1999 a. 9; 2017 a. 59.

292.72 292.72 Brownfields revolving loan program.

292.72(1) (1) The department may enter into an agreement with the federal environmental protection agency under which the department receives funds under 42 USC 9604 (k) (3) (A) (i) to establish and administer a brownfields revolving loan program. If the department receives funds under this subsection, it may make loans or grants for the remediation of brownfield sites, as defined in 42 USC 9601 (39), in accordance with the agreement.

292.72(2) (2) At the request of another governmental entity, the department may administer funds received under 42 USC 9604 (k) (3) (A) (i) by the other governmental entity for the establishment of a brownfields revolving loan program.

292.72 History History: 2003 a. 314.

292.74 292.74 PFAS community grant program.

292.74(1) (1) Definitions. In this section:

292.74(1)(a) (a) “Immediate action” means a response action that is taken within a short period of time after the discharge of a hazardous substance occurs, or after the discovery of a hazardous substance discharge or environmental pollution, to halt the discharge, contain or remove discharged hazardous substances, or remove contaminated environmental media in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands, and waters of the state, and to eliminate any imminent threat to public health, safety, or welfare.

292.74(1)(b) (b) “Interim action” means a response action taken to contain or stabilize a discharge of a hazardous substance in order to minimize any threats to public health, safety, or welfare or the environment while other response actions are being taken or planned for a site or facility.

292.74(1)(c) (c) “Municipality” means a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or technical college district.

292.74(1)(d) (d) “PFAS” means any perfluoroalkyl or polyfluoroalkyl substance.

292.74(1)(e) (e) “Remedial action” or “remedy” means a response action, other than an immediate action or interim action, taken to control, minimize, restore, or eliminate the discharge of hazardous substances or environmental pollution so that the hazardous substances or environmental pollution do not present an actual or potential threat to public health, safety, or welfare or the environment. “Remedial action” includes actions designed to prevent, minimize, stabilize, or eliminate the threat of discharged hazardous substances and actions to restore the environment to the extent practicable and meet all applicable environmental standards, including storage, disposal, containment, treatment, recycling, or reuse and any monitoring required to assure that such actions protect public health, safety, and welfare and the environment.

292.74(2) (2) Financial assistance. The department shall administer a program to provide financial assistance to municipalities for all of the following activities to address PFAS contamination:

292.74(2)(a) (a) Sampling private water supplies.

292.74(2)(b) (b) Installing treatment or constructing wells at a public water system necessary to address PFAS levels in exceedance of a state or federal maximum contaminant level for PFAS, an enforcement standard for PFAS promulgated under ch. 160, or a state health advisory level for PFAS issued by the department of health services.

292.74(2)(c) (c) Creating a new public water system or connecting private well owners to an existing public water system in an area in which there is PFAS contamination in private water supplies.

292.74(2)(d) (d) Sampling for PFAS in a public, private, or tribal elementary or secondary school, a child care center that is licensed under s. 48.65, a child care program that is established or contracted for under s. 120.13 (14), or a child care provider that is certified under s. 48.651 and is not served by a municipal water system and is not already required to sample for PFAS under rules promulgated under s. 281.17 (8) (a).

292.74(2)(e) (e) Sampling of high capacity irrigation wells and soil on agricultural property to identify PFAS contamination.

292.74(2)(f) (f) Sampling for PFAS in wastewater, biosolids, liquid waste, sludge, influent, industrial waste, or treatment plant effluent that is intended for landspreading or to implement source reduction strategies.

292.74(2)(g) (g) Sampling for PFAS in leachate, groundwater, or private wells that are part of a monitoring plan at a municipally owned or operated solid waste landfill.

292.74(2)(h) (h) Designing, purchasing, or installing onsite treatment systems that remove PFAS from leachate at a municipally owned or operated solid waste landfill.

292.74(2)(i) (i) Investigating potential or known PFAS contamination to identify contamination and determine remedy selection and design for determining immediate actions, interim actions, and remedial actions to restore the air, land, or water.

292.74(2)(j) (j) Conducting immediate action, interim action, or remedial action to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, waters, or other natural resources of the state consistent with this chapter and requirements established by administrative rules promulgated under this chapter.

292.74(3) (3) Application. A municipality may apply for financial assistance under this section on a form prescribed by the department that includes all of the following information:

292.74(3)(a) (a) The applicant’s name and information and an authorized point of contact for the applicant.

292.74(3)(b) (b) A copy of an ordinance or resolution authorizing the applicant to enter into a financial assistance agreement with the department.

292.74(3)(c) (c) Information about the site where grant activities will be conducted, including the site’s address, tax identification number, and property owner, a description of the property location, and population information for the property.

292.74(3)(d) (d) Details about the project for which financial assistance is requested, including the project’s purpose, description, scope, deliverables, timeline, maps, site plans, engineering plans, bids if applicable, permits if applicable, and access permission agreements.

292.74(3)(e) (e) Financial information about the project for which financial assistance will be expended, including the project budget, the financial assistance request amount, and the funding source for matching funds.

292.74(3)(f) (f) If water quality sampling is proposed for the project for which financial assistance is requested, sample results, a post-project sampling plan, sampling protocols, and health advisories issued by the department, the department of health services, or the applicable local health official.

292.74(3)(g) (g) For a project involving an existing site, the bureau for remediation and redevelopment tracking system activity number, information about the qualified environmental consultant for the site, and a description of all of the following:

292.74(3)(g)1. 1. The current and past uses of the property and the surrounding area.

292.74(3)(g)2. 2. The environmental investigation and actions to date.

292.74(3)(g)3. 3. The known or potential exposure pathways and receptors.

292.74(3)(g)4. 4. Necessary environmental actions.

292.74(3)(g)5. 5. Other contaminants of concern that may be addressed by the proposed action.

292.74(3)(g)6. 6. The status of all environmental reports and department approvals, including all of the following:

292.74(3)(g)6.a. a. The Phase I environmental site assessment.

292.74(3)(g)6.b. b. The Phase II environmental site assessment.

292.74(3)(g)6.c. c. The conceptual site model.

292.74(3)(g)6.d. d. The site investigation work plan.

292.74(3)(g)6.e. e. The site investigation.

292.74(3)(g)6.f. f. The interim action plan.

292.74(3)(g)6.g. g. The remedial action options report.

292.74(3)(g)6.h. h. The remedial action plan.

292.74(3)(g)6.i. i. The material management plan.

292.74(3)(g)6.j. j. Any other environmental report submitted to the department for the site.

292.74(4) (4) Evaluation criteria. In providing financial assistance under this section, the department shall prioritize proposed projects that address PFAS contamination in private wells and may consider the degree to which a proposed project will have a positive impact on public health and the environment and any other criteria the department determines are necessary to prioritize available funds.

292.74(5) (5) Financial assistance agreements. Prior to providing financial assistance to a municipality under this section, the department shall enter into a financial assistance agreement with the municipality. The governing body of the municipality shall pass a resolution or enact an ordinance authorizing the municipality to enter into the financial assistance agreement.

292.74(6) (6) Matching funds.

292.74(6)(a) (a) For financial assistance awarded for an activity described under sub. (2) (a) and (c) to (j), the department shall require the recipient to provide matching funds equal to at least 20 percent of the amount provided by the department.

292.74(6)(b) (b) For financial assistance awarded for an activity described under sub. (2) (b), the department shall require the recipient to provide matching funds equal to at least 40 percent of the amount provided by the department.

292.74(6)(c) (c) Matching funds under this subsection may be in the form of cash, in-kind contributions, force account work, or other sources deemed eligible by the department.

292.74(7) (7) Outreach, administrative, and technical assistance. The department may provide outreach, administrative, and technical assistance to municipalities that receive financial assistance under this section. The department may enter into an agreement with the University of Wisconsin-Extension or a similar qualified service provider to provide the outreach, administrative, and technical assistance to municipalities.

292.74 History History: 2025 a. 201; s. 35.17 correction in (2) (i), (7).

292.76 292.76 Airport and industrial possessor; PFAS grant program.

292.76(1) (1) Definitions. In this section:

292.76(1)(ad) (ad) “Eligible entity” means any of the following:

292.76(1)(ad)1. 1. The owner or operator of a public-use airport.

292.76(1)(ad)2. 2. Industrial possessor.

292.76(1)(ag) (ag) “Immediate action” means a response action that is taken within a short period of time after the discharge of a hazardous substance occurs, or after the discovery of a hazardous substance discharge or environmental pollution, to halt the discharge, contain or remove discharged hazardous substances, or remove contaminated environmental media in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands, and waters of the state, and to eliminate any imminent threat to public health, safety, or welfare.

292.76(1)(am) (am) “Industrial possessor” has the meaning given in s. 292.11 (9) (g) 1. a.

292.76(1)(b) (b) “Interim action” means a response action taken to contain or stabilize a discharge of a hazardous substance in order to minimize any threats to public health, safety, or welfare or the environment while other response actions are being taken or planned for a site or facility.

292.76(1)(c) (c) “PFAS” means any perfluoroalkyl or polyfluoroalkyl substance.

292.76(1)(d) (d) “Public-use airport” has the meaning given in s. 114.002 (18m).