LRBb3237/1
RCT:kg:km
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 47,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 768
May 6, 1998 - Offered by Representative Hasenohrl.
AB768-ASA1-AA47,1,11 At the locations indicated, amend the substitute amendment as follows:
AB768-ASA1-AA47,1,3 21. Page 13, line 12: after "cleanups;" insert "coverage of certain farm and
3residential tanks under the petroleum storage remedial action program;".
AB768-ASA1-AA47,1,4 42. Page 253, line 21 after that line insert:
AB768-ASA1-AA47,1,5 5" Section 330n. 101.143 (1) (fg) of the statutes is amended to read:
AB768-ASA1-AA47,2,46 101.143 (1) (fg) "Petroleum product storage system" means a storage tank that
7is located in this state and is used to store petroleum products together with any
8on-site integral piping or dispensing system. The term does not include pipeline
9facilities; tanks of 110 gallons or less capacity; residential tanks of 1,100 gallons or
10less capacity storing petroleum products that are not for resale, except as provided
11in sub. (4) (ek)
; farm tanks of 1,100 gallons or less capacity storing petroleum
12products that are not for resale, except as provided in sub. (4) (ei) and (ek); tanks used

1for storing heating oil for consumptive use on the premises where stored, except for
2heating oil tanks owned by school districts and heating oil tanks owned by technical
3college districts and except as provided in sub. (4) (ei); or tanks owned by this state
4or the federal government.
AB768-ASA1-AA47, s. 330p 5Section 330p. 101.143 (4) (a) 6. of the statutes is amended to read:
AB768-ASA1-AA47,2,86 101.143 (4) (a) 6. In any fiscal year, the department may not award more than
75% of the amount appropriated under s. 20.143 (3) (v) as awards for petroleum
8product storage systems described in par. pars. (ei) 1. and (ek) 1.
AB768-ASA1-AA47, s. 330q 9Section 330q. 101.143 (4) (d) 2. c. of the statutes is amended to read:
AB768-ASA1-AA47,2,1110 101.143 (4) (d) 2. c. For an owner or operator of a petroleum product storage
11system described in par. (ei) 1. or (ek) 1., $100,000.
AB768-ASA1-AA47, s. 330r 12Section 330r. 101.143 (4) (dm) 2. c. of the statutes is amended to read:
AB768-ASA1-AA47,2,1513 101.143 (4) (dm) 2. c. For the owner or operator of a petroleum product storage
14system that is described in par. (ei) 1. or (ek) 1., $2,500 plus 5% of eligible costs but
15not more than $7,500 per occurrence.
AB768-ASA1-AA47, s. 330s 16Section 330s. 101.143 (4) (e) 2. of the statutes is amended to read:
AB768-ASA1-AA47,2,2517 101.143 (4) (e) 2. The department shall issue the award under this paragraph
18without regard to fault in an amount equal to the amount of the eligible costs that
19exceeds a deductible amount of $10,000, except that the deductible amount for a
20petroleum product storage system that is owned by a school district or a technical
21college district and that is used for storing heating oil for consumptive use on the
22premises where stored is 25% of eligible costs and except that the deductible for a
23petroleum product storage system that is described in par. (ei) 1. or (ek) 1. is $2,500
24plus 5% of the eligible costs, but not more than $7,500 per occurrence without regard
25to when the eligible costs are incurred.
AB768-ASA1-AA47, s. 330t
1Section 330t. 101.143 (4) (e) 2m. of the statutes is amended to read:
AB768-ASA1-AA47,3,52 101.143 (4) (e) 2m. An award issued under this paragraph may not exceed
3$190,000 for each occurrence, except that an award under this paragraph to the
4owner or operator of a petroleum product storage system described in par. (ei) 1. or
5(ek) 1.
may not exceed $100,000 per occurrence.
AB768-ASA1-AA47, s. 330v 6Section 330v. 101.143 (4) (ek) of the statutes is created to read:
AB768-ASA1-AA47,3,117 101.143 (4) (ek) Awards for certain farm and residential tanks. 1. A farm or
8residential tank of 1,100 gallons or less capacity storing petroleum products that are
9not for resale that is not described in par. (ei) 1. and is not a home oil tank system,
10together with any on-site integral piping or dispensing system, is a petroleum
11product storage system for the purposes of this section, if all of the following apply:
AB768-ASA1-AA47,3,1412 a. The owner of the farm or residential tank did not own the property on which
13the tank is located when the tank was installed and has never used or authorized
14another person to use the tank.
AB768-ASA1-AA47,3,1915 b. The owner of the farm or residential tank has received a letter or notice from
16the department of commerce or department of natural resources indicating that the
17owner must conduct a site investigation or remedial action because of a discharge
18from the farm or residential tank or an order to conduct such an investigation or
19remedial action.
AB768-ASA1-AA47,3,2120 2. The department shall promulgate a rule establishing a priority system for
21paying awards for farm or residential tanks described in subd. 1.".
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