292.35(9)(e)3.a.
a. The responsible party establishes by a preponderance of the evidence that the responsible party exercised due care with respect to the hazardous substances that caused environmental pollution.
292.35(9)(e)3.b.
b. In exercising due care under
subd. 3. a., the responsible party took into consideration the characteristics of the hazardous substances, in light of all relevant facts and circumstances.
292.35(9)(e)3.c.
c. The responsible party took precautions against foreseeable acts or omissions of the 3rd party and the consequences that could foreseeably result from those acts or omissions.
292.35(9)(f)
(f) Any responsible party may seek contribution from any other responsible party. Such a contribution claim may be brought as a separate action or may be brought in the action commenced against the responsible party under this section.
292.35(10)
(10) Technical assistance. The department shall provide technical assistance to an umpire at the request of the umpire. The department may limit the amount of staff time allocated to each negotiation.
292.35(11)
(11) Liability. Except as provided in
sub. (7), no common law liability, and no statutory liability that is provided in other statutes, for damages resulting from a site or facility is affected in any manner by this section. The authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any other statutes or provided at common law.
292.35(13)
(13) Fees. The department may, by rule, assess and collect fees to offset the cost of the department's activities under this section. The fees may include an advance deposit, from which the department shall return the amount in excess of the cost of the department's activities under this section.
292.35 History
History: 1995 a. 227 s.
613 to
616;
1997 a. 27.
292.37
292.37
Confidentiality of records. 292.37(1)
(1)
Records. Except as provided under
sub. (2), any records or other information furnished to or obtained by the department in the administration of
ss. 292.31 and
292.35 are public records subject to
s. 19.21.
292.37(2)(a)(a)
Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of
ss. 292.31 and
292.35.
292.37(2)(b)
(b)
Standards for granting confidential status. Except as provided under
par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.
292.37(2)(c)
(c)
Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.
292.37(2)(d)
(d)
Use of confidential records. Except as provided under
par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of
ss. 292.31 and
292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.
292.37 History
History: 1995 a. 227 s.
993.
292.41
292.41
Abandoned containers. 292.41(1)
(1)
Definition. In this section, "abandoned container" means any container which contains a hazardous substance and is not being monitored and maintained.
292.41(2)(a)(a) This section does not apply to abandoned containers which are located in an approved facility or a nonapproved facility.
292.41(3)(a)(a) After consultation with other affected federal, state and local agencies and private organizations, the department shall establish by rule criteria and procedures for the development, establishment and amendment of a contingency plan for the taking of emergency actions in relation to abandoned containers.
292.41(3)(b)
(b) The contingency plan shall establish procedures and techniques for locating, identifying, removing and disposing of abandoned containers.
292.41(4)
(4) Removal or other emergency action. The department or its authorized representative may contain, remove or dispose of abandoned containers or take any other emergency action which it deems appropriate under the circumstances.
292.41(5)
(5) Access to property and records. Any officer, employe or authorized representative of the department, upon notice to the owner or occupant, may enter onto any property, premises or place at any time for the purposes of
sub. (3) if the entry is necessary to prevent increased damage to the air, land or waters of the state, or may inspect any record relating to abandoned container management for the purpose of ascertaining the state of compliance with this section and the rules promulgated under this section. Notice to the owner or occupant is not required if the delay in providing the notice is likely to result in imminent risk to public health or welfare or the environment.
292.41(6)
(6) Abandoned containers; appropriations. 292.41(6)(a)(a) The department may utilize moneys appropriated under
s. 20.370 (2) (dv) and
(my) in taking action under
sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance and storage of necessary equipment and supplies, personnel training and expenses incurred in locating, identifying, removing and disposing of abandoned containers.
292.41(6)(b)
(b) No more than 25% of the total of all moneys available under the appropriation under
s. 20.370 (2) (dv) and
(my) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.
292.41(6)(c)
(c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental management.
292.51
292.51
Cooperative remedial action. 292.51(1)
(1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.
292.51(2)
(2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination. All contributions received under this subsection shall be deposited in the environmental fund.
292.51(2m)
(2m) Any person engaged in a cooperative effort with the department that is described in
sub. (2) may seek and receive voluntary contributions of funds on behalf of the effort.
292.51(3)
(3) Provision of funding under
sub. (2) or
(2m) is not evidence of liability or an admission of liability for any environmental contamination.
292.51(4)
(4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under
sub. (2).
292.51 History
History: 1995 a. 27;
1995 a. 227 s.
824; Stats. 1995 s. 292.51;
1997 a. 27.
292.55
292.55
Requests for liability clarification and technical assistance. 292.55(1)(a)(a) The department may, upon request, assist a person to determine whether the person is or may become liable for the environmental pollution of a property.
292.55(1)(b)
(b) The department may, upon request, assist in, or provide comments on, the planning and implementation of an environmental investigation of a property or the environmental cleanup of a property.
292.55(1)(c)
(c) The department may determine whether further action is necessary to remedy environmental pollution of a property.
292.55(1)(d)
(d) The department may issue a letter to a person seeking assistance under this subsection concerning any of the following:
292.55(1)(d)1.
1. The liability of a person owning or leasing a property for environmental pollution of the property.
292.55(1)(d)2.
2. The type and extent of environmental pollution of a property.
292.55(1)(d)4.
4. Any other matter related to the request for assistance under this subsection.
292.55(2)
(2) The department may assess and collect fees from a person to offset the costs of providing assistance under
sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under
s. 20.370 (2) (dh).
292.55 History
History: 1997 a. 27.
292.65
292.65
Dry cleaner environmental response program. 292.65(1)(b)
(b) "Case closure letter" means a letter provided by the department that states that, based on information available to the department, no further remedial action is necessary with respect to a dry cleaning solvent discharge.
292.65(1)(d)
(d) "Dry cleaning facility" means a facility for dry cleaning apparel or household fabrics for the general public other than a facility that is one of the following:
292.65(1)(d)2.
2. A facility that is located on a U.S. military installation.
292.65(1)(d)6.
6. A facility that is located at a prison or other penal institution.
292.65(1)(d)7.
7. A facility that is located at a nonprofit hospital or at another nonprofit health care institution.
292.65(1)(d)8.
8. A facility that is located on property that is owned by the federal government or by this state or that is located on property that was owned by the federal government or by this state when the facility was operating.
292.65(1)(e)
(e) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities.
292.65(1)(gm)
(gm) "Immediate action" means a remedial action that is taken within a short time after a discharge of dry cleaning solvent occurs, or after the discovery of a discharge of dry cleaning solvent, to halt the discharge, contain or remove discharged dry cleaning solvent or remove contaminated soil or water 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.
292.65(1)(h)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
292.65(1)(i)1.
1. A person who owns, or has possession or control of, a dry cleaning facility, or who receives direct or indirect consideration from the operation of a dry cleaning facility regardless of whether the dry cleaning facility remains in operation and regardless of whether the person owns or receives consideration at the time that environmental pollution occurs.
292.65(1)(i)2.
2. A subsidiary or parent corporation of the person specified under
subd. 1.
292.65(1)(j)
(j) "Program year" means the period beginning on July 1, and ending on the following June 30.
292.65(1)(L)
(L) "Service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
292.65(1)(m)
(m) "Subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a dry cleaning facility.
292.65(3)(a)(a) The department shall promulgate rules for the administration of the program under this section.
292.65(3)(am)1.1. The department shall establish a method for determining the order in which it pays awards under this section. Except as provided in
subds. 2. and
3., the method shall be based on environmental factors and on the order in which applications are received.
292.65(3)(am)2.
2. The department shall pay an award for immediate action activities. For the purposes of this subdivision, removal of contaminated soils and recovery of free dry cleaning solvent are not considered immediate action activities.
292.65(3)(am)3.
3. After awards for immediate action activities, the department shall give highest priority to paying awards for eligible costs incurred before October 14, 1997.
292.65(3)(b)
(b) The department shall promote the program under this section to persons who may be eligible for awards.
292.65(3)(c)
(c) The department shall allocate 9.7% of the funds appropriated under
s. 20.370 (6) (eq) in each fiscal year for awards for immediate action activities and applications that exceed the amount anticipated.
292.65(3)(d)
(d) The department shall keep records and statistics on the program under this section and shall periodically evaluate the effectiveness of the program.
292.65(3)(e)
(e) No later than January 1, 2002, the department shall complete a review of the program under this section and shall submit a report on the results of the review to the joint committee on finance and to the appropriate standing committees of the legislature, as determined by the speaker of the house and the president of the senate, under
s. 13.172 (3). The report shall include the department's recommendations for changes to the program. The review shall include consideration of whether the program should be expanded or ended, whether the program should be incorporated into a broader program of financial assistance for the remediation of environmental contamination and whether private insurance coverage should be required for any dry cleaning facilities.
292.65(4)(a)(a)
General requirements. To be eligible for an award under this section, the owner or operator of a dry cleaning facility shall comply with
pars. (b),
(c),
(e),
(f) and
(j) and the other requirements of this section applicable to the owner or operator.
292.65(4)(b)
(b)
Report. An owner or operator shall report a dry cleaning solvent discharge to the department in a timely manner, as provided in
s. 292.11.
292.65(4)(c)1.1. An owner or operator shall notify the department, before conducting a site investigation or any remedial action activity, of the potential for submitting an application for an award under this section, except as provided in
subd. 2.
