292.65(8)(j)1.1. If an owner or operator prepares and submits an application that includes ineligible costs that are identified under
subd. 3., the department shall calculate the award by determining the amount that the award would otherwise be under
pars. (e) and
(f) based only on the eligible costs and then by reducing that amount by 50% of the ineligible costs under
subd. 2. that are included in the application.
292.65(8)(j)2.
2. If a consultant prepares an application that is submitted by an owner or operator and that includes ineligible costs that are identified under
subd. 3., the consultant shall pay to the department an amount equal to 50% of the ineligible costs identified under
subd. 3. that are included in the application. A consultant may not charge the owner or operator for any amount that the consultant is required to pay under this subdivision. Payments made under this subdivision shall be deposited in the dry cleaner environmental response fund.
292.65(8)(j)3.
3. The department shall promulgate a rule identifying the ineligible costs to which
subds. 1. and
2. apply.
292.65(9)(a)(a)
Right of action. A right of action under this section shall accrue to the state against an owner or operator only if the owner or operator submits a fraudulent application or does not meet the requirements under this section and if an award is issued under this section to the owner or operator for eligible costs under this section.
292.65(9)(b)
(b)
Action to recover awards. The attorney general shall take appropriate actions to recover awards to which the state is entitled under
par. (a). The department shall request that the attorney general take action if the department discovers a fraudulent application after an award is issued.
292.65(9)(c)
(c)
Disposition of funds. The net proceeds of the recovery under
par. (b) shall be paid into the dry cleaner environmental response fund.
292.65(10)(a)(a) No common law liability, and no statutory liability that is provided in a statute other than this section, for damages resulting from a dry cleaning facility is affected by this section. Except as provided in
par. (b), the authority, power and remedies provided in this section are in addition to any authority, power or remedy provided in any statute other than this section or provided at common law.
292.65(10)(b)
(b) An award under this section is the exclusive method for the recovery of the amount of eligible costs equal to the amount of the award that may be issued under this section.
292.65(10)(c)
(c) If a person conducts a remedial action activity for a discharge at a dry cleaning facility site, whether or not the person files an application under this section, the remedial action activity conducted and any application filed under this section are not evidence of liability or an admission of liability for any potential or actual environmental pollution.
292.65(12)(a)(a) The department shall promulgate rules prescribing requirements for the records to be maintained by an owner, operator or service provider and the periods for which they must retain those records.
292.65(12)(b)
(b) The department may inspect any document in the possession of an owner, operator or service provider or any other person if the document is relevant to an application for reimbursement under this section.
292.65(13)
(13) Council. The dry cleaner environmental response council shall advise the department concerning the programs under this section and
s. 292.66. The dry cleaner environmental response council shall evaluate the program under this section at least every 5 years, using criteria developed by the council.
292.65(14)
(14) Sunset. This section does not apply after June 30, 2032.
292.65 History
History: 1997 a. 27.
292.66
292.66
Assistance for purchase and installation of interim remedial equipment at dry cleaning facilities. 292.66(1)(1) The department shall allocate 46% of the funds appropriated under
s. 20.370 (6) (eq) in each fiscal year for awards to reimburse owners and operators for costs of preliminary site screening and the purchase and installation of equipment to begin the cleanup of discharges of dry cleaning solvent from dry cleaning facilities before the completion of full site investigations and remedial action plans. The department may not make an award under this section before September 1, 1998, or after June 30, 2002.
292.66(2)
(2) The owner or operator of a dry cleaning facility is eligible for an award under this section if all of the following apply:
292.66(2)(a)
(a) The owner or operator reports the dry cleaning solvent discharge to the department in a timely manner, as provided in
s. 292.11.
292.66(2)(b)
(b) The owner or operator conducts a preliminary site screening, including an onsite mobile laboratory analysis of any soil and groundwater affected by the discharge to determine the location for installation of the interim remedial equipment.
292.66(2)(c)
(c) Immediate action is not necessary at the affected dry cleaning facility.
292.66(2)(d)
(d) The owner or operator installs equipment that is approved by the department to begin the cleanup of the discharge of dry cleaning solvent.
292.66(2)(e)
(e) The dry cleaning facility is operating at the time that the owner or operator applies for assistance under this section.
292.66(2)(f)
(f) The owner or operator submits an application for reimbursement in a form and manner specified by the department and complies with any inspection requirements established by the department.
292.66(3)
(3) An award under this section may not exceed $15,000, of which not more than $2,500 may be for the cost of conducting the preliminary site screening.
292.66(4)
(4) The department may promulgate rules for determining the usual and customary costs for items for which it may make awards under this section and may use the rules to determine the amount of an applicant's eligible costs.
292.66 History
History: 1997 a. 27,
237.
292.81(1)(1) In this section, "valid prior lien" means a purchase money real estate mortgage that is recorded before the lien is filed under this section, including any extension or refinancing of that purchase money mortgage, or an equivalent security interest, or a 2nd or subsequent mortgage for home improvement or repair that is recorded before the lien is filed under this section, including any extension or refinancing of that 2nd or subsequent mortgage.
292.81(2)(a)(a) Before incurring expenses under
s. 292.11 or
292.31 (1),
(3) or
(7) with respect to a property, the department shall provide to the current owner of the property and to any mortgagees of record a notice containing all of the following:
292.81(2)(a)3.
3. A statement that the property owner could be liable for the expenses incurred by the department.
292.81(2)(a)4.
4. A statement that the department could file a lien against the property to recover the expenses incurred by the department.
292.81(2)(a)5.
5. An explanation of whom to contact in the department to discuss the matter.
292.81(2)(b)
(b) The department shall provide notice under
par. (a) by certified mail, return receipt requested, to the property owner and to each mortgagee of record at the addresses listed on the recorded documents. If the property owner is unknown or if a mailed notice is returned undelivered, the department shall provide the notice by publication thereof as a class 3 notice under
ch. 985.
292.81(2)(c)
(c) The failure to provide the notice or include information required under this subsection does not impair the department's ability to file a lien or to seek to establish the property owner's liability for the expenses incurred by the department.
292.81(2)(d)
(d) No notice under this subsection is necessary in circumstances in which entry onto the property without prior notice is authorized under
s. 292.11 (8).
292.81(3)
(3) Any expenditures made by the department under
s. 292.11 or
292.31 (1),
(3) or
(7) shall constitute a lien upon the property for which expenses are incurred if the department files the lien with the register of deeds in the county in which the property is located. A lien under this section shall be superior to all other liens that are or have been filed against the property, except that if the property is residential property, as defined in
s. 895.52 (1) (i), the lien may not affect any valid prior lien on that residential property.
292.81(4)(a)(a) Before filing a lien under
sub. (3), the department shall give the owner of the property for which the expenses are incurred a notice of its intent to file the lien, as provided in this subsection.
292.81(4)(b)
(b) The notice required under
par. (a) shall provide all of the following:
292.81(4)(b)2.
2. A brief description of the property to be affected by the lien.
292.81(4)(b)3.
3. A statement of the expenses incurred by the department.
292.81(4)(c)
(c) The department shall serve the notice required in
par. (a) on the property owner at least 60 days before filing the lien. The notice shall be provided by certified mail, return receipt requested, to the property owner and to each mortgagee of record at the addresses listed on the recorded documents. If the property owner is unknown or if a mailed notice is returned undelivered, the department shall provide the notice by publication thereof as a class 3 notice under
ch. 985.
292.81(4)(d)
(d) In the foreclosure of any lien filed under this subsection,
ch. 846 shall control as far as applicable unless otherwise provided in this subsection. All persons who may be liable for the expenses incurred by the department may be joined as defendants. The judgment shall adjudge the amount due the department, and shall direct that the property, or so much of the property as is necessary, be sold to satisfy the judgment, and that the proceeds be brought into court with the report of sale to abide the order of the court. If the sum realized at the sale is insufficient after paying the costs of the action and the costs of making the sale, the court shall determine the liability of the defendants for the remaining unreimbursed expenses and costs.
292.81(4)(e)
(e) This subsection does not apply if the lien is filed after the department obtains a judgment against the property owner and the lien is for the amount of the judgment.
292.81 History
History: 1995 a. 227 s.
711;
1997 a. 27.
ENFORCEMENT; PENALTIES
292.93
292.93
Orders. The department may issue orders to effectuate the purposes of
ss. 292.31 and
292.35 and enforce the same by all appropriate administrative and judicial proceedings.
292.93 History
History: 1995 a. 227.
292.95
292.95
Review of alleged violations; environmental repair and cost recovery. Any 6 or more citizens or any municipality may petition for a review of an alleged violation of
s. 292.31 or
292.35 or any rule promulgated or special order, plan approval, license or any term or condition of a license issued under those sections in the following manner:
292.95(1)
(1) They shall submit to the department a petition identifying the alleged violator and setting forth in detail the reasons for believing a violation occurred. The petition shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of the petitioners and the name and address of a person authorized to appear at a hearing in behalf of the petitioners.
292.95(2)
(2) Upon receipt of a petition under this section, the department may:
292.95(2)(a)
(a) Conduct a hearing in the matter within 60 days of receipt of the petition. A hearing under this paragraph shall be a contested case under
ch. 227. Within 60 days after the close of the hearing, the department shall either:
292.95(2)(a)1.
1. Serve written notice specifying the law or rule alleged to be violated, containing findings of fact, conclusions of law and an order, which shall be subject to review under
ch. 227; or
292.95(3)
(3) If the department determines that a petition was filed maliciously or in bad faith, it shall issue a finding to that effect, and the person complained against is entitled to recover expenses on the hearing in a civil action.
292.95 History
History: 1995 a. 227.
292.98
292.98
Violations and enforcement; environmental repair and cost recovery. 292.98(1)(a)(a) If the department has reason to believe that a violation of
s. 292.31 or
292.35 or any rule promulgated or special order, plan approval, or any term or condition of a license issued under those sections occurred, it may:
292.98(1)(a)1.
1. Cause written notice to be served upon the alleged violator. The notice shall specify the law or rule alleged to be violated, and contain the findings of fact on which the charge of violation is based, and may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon such request, the department shall after due notice hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of; or
292.98(1)(b)
(b) If after such hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued, or issue an appropriate order for the prevention, abatement or control of the problems involved or for the taking of other corrective action as may be appropriate. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating or controlling the violation.
292.98 History
History: 1995 a. 227.
292.99(1)(1) Any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.
292.99(2)
(2) In addition to the penalties provided under
sub. (1), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under
s. 20.455 (1) (gh).
292.99 History
History: 1995 a. 227.
