292.15 Voluntary party remediation and exemption from liability.
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292.15 Voluntary party remediation and exemption from liability.
(1)Definitions. In this section:
(a)“Enforcement standard” has the meaning given in s. 160.01
(2).
(am)“Natural attenuation” means the reduction in the mass and concentration in groundwater of a substance, and the products into which the substance breaks down, due to naturally occurring physical, chemical and biological processes, without human intervention.
(b)“Owner of a business or entity” means any person who owns or who receives direct or indirect consideration from the operation of a business or entity regardless of whether the business or entity remains in operation and regardless of whether the person owns or receives consideration at the time any discharge of a hazardous substance occurs. “Owner of a business or entity” includes a subsidiary or parent corporation.
(c)“Property” means the area of real property that is included in an application to obtain an exemption under this section, made up of a legally identifiable parcel or legally identifiable contiguous parcels created in compliance with applicable laws.
(d)“Release” means the original discharge.
(e)“Subsidiary or parent corporation” means any business entity, including a subsidiary, parent corporation or other business arrangement that has elements of common ownership or control or uses a long-term contractual arrangement with any person that has the effect of avoiding direct responsibility for conditions on a parcel of property.
(f)“Voluntary party” means a person who submits an application to obtain an exemption under this section and pays any fees required under sub.
(5).
(2)Exemption from liability.
(a)General. Except as provided in sub.
(6)or
(7), and subject to pars.
(ae)to
(ag), a voluntary party is exempt from the provisions of ss. 289.05
(1),
(2),
(3)and
(4), 289.42
(1), 289.67 , 291.25
(1)to
(5), 291.29 , 291.37 , 292.11
(3),
(4)and
(b)and
(c)and 292.31
(8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from a property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:
1. An environmental investigation of the property is conducted that is approved by the department.
2. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules.
3. The voluntary party obtains a certificate of completion from the department that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized.
4. If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
5. The voluntary party does not engage in activities that are inconsistent with the maintenance of the property.
6. The voluntary party has not obtained the certificate of completion by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.
(ae)Natural attenuation. Except as provided in sub.
(6)or
(7), if there exists a hazardous substance in groundwater on or originating from a property in a concentration that exceeds an enforcement standard and the department determines that natural attenuation will restore groundwater quality in accordance with rules promulgated by the department, a voluntary party is exempt from ss. 289.05
(1),
(2),
(3)and
(4), 289.42
(1), 289.67 , 291.25
(1)to
(5), 291.29 , 291.37 , 292.11
(3),
(4)and
(b)and
(c)and 292.31
(8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under subd. 1. and if all of the following occur at any time before or after the date of acquisition:
1. An environmental investigation of the property is conducted that is approved by the department.
2. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.
3. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized, except with respect to the hazardous substance in groundwater that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation.
3m. If required by the department, the voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11
(3)with respect to the hazardous substance that the department has determined will be brought into compliance with rules promulgated by the department through natural attenuation, in case natural attenuation fails, and the insurance complies with rules promulgated by the department and names this state as the insured.
4. If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.
5. The voluntary party does not engage in activities that are inconsistent with the maintenance of the property.
6. The voluntary party has not obtained the certification under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.
7. If the voluntary party owns or controls the property, the voluntary party allows the department, any authorized representative of the department, a representative of a company that has issued insurance required under subd. 3m. , any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance, and any consultant or contractor of any of those persons to enter the property to determine whether natural attenuation has failed and to take action to respond to the discharge if natural attenuation has failed.
(af)Contaminated sediment. Except as provided in sub.
(6),
(6m), or
(7), if there exists contaminated sediment on a property from a release of a hazardous substance on or originating from a property, the voluntary party is exempt from ss. 289.05
(1),
(2),
(3), and
(4), 289.42
(1), 289.67 , 291.25
(1)to
(5), 291.29 , 291.37 , 292.11
(3),
(4), and
(b)and
(c), and 292.31
(8)and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred before the date on which the department approves the environmental investigation of the property under subd. 1. , and if all of the following occur at any time before or after the date of acquisition:
1. An environmental investigation of the property is conducted that is approved by the department.
2. The voluntary party removes all or part of the contaminated sediment and addresses any remaining contaminated sediment in a manner approved by the department, such that the environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that with respect to contaminated sediment the environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized as determined by the department by monitoring or sampling and in accordance with any contract entered into with the department’s approval.
3. The voluntary party obtains a certificate of completion from the department stating that the environment has been satisfactorily restored to the extent practicable with respect to the discharges and that the harmful effects from the discharges have been minimized.
3m. The voluntary party obtains and maintains insurance to cover the cost of complying with s. 292.11
(3)with respect to the contaminated sediment in the event that additional remedial action is necessary, unless additional action is not required under par.
(b). The insurance shall conform with rules promulgated by the department and shall name the state as the insured. The department may waive the requirement to obtain and maintain insurance or accept a form of financial responsibility other than insurance if the hazardous substance contained in the contaminated sediment is not mercury, PCBs, as defined in s. 299.45
(a), or dioxin and the department determines that insurance is not necessary.
4. If the voluntary party owns or controls the property, the voluntary party maintains and monitors the property in a manner required by the department and any contract entered into with the department’s approval.
5. The voluntary party does not engage in activities that are inconsistent with the maintenance of the property.
6. The voluntary party has not obtained the certificate under subd. 3. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1.
7. If the voluntary party owns or controls the property, the voluntary party allows the department, any authorized representative of the department, a representative of a company that has issued insurance required under subd. 3m. , any party that possessed or controlled the hazardous substance or caused the discharge of the hazardous substance, and any consultant or contractor of those persons to enter the property to determine whether additional remedial action is necessary, subject to par.
(b), and to take the necessary remedial action.
(ag)Property affected by off-site discharge. Except as provided in sub.
(6)or
(7), for a property on which there exists a hazardous substance for which a voluntary party is exempt from liability under s. 292.13
(1)or
(1m), a voluntary party is exempt from the provisions of ss. 289.05
(1),
(2),
(3)and
(4), 289.42
(1), 289.67 , 291.25
(1)to
(5), 291.29 , 291.37 , 292.11
(3),
(4)and
(b)and
(c)and 292.31
(8), and rules promulgated under those provisions, with respect to discharges of hazardous substances on or originating from the property, if the release of those hazardous substances occurred prior to the date on which the department approves the environmental investigation of the property under par.
(a)1. , if par.
(a)1. and 4. to 6. apply and all of the following occur at any time before or after the date of acquisition:
1. The environment is restored to the extent practicable with respect to the discharges and the harmful effects from the discharges are minimized in accordance with rules promulgated by the department and any contract entered into under those rules, except that this requirement does not apply with respect to the hazardous substance for which the voluntary party is exempt from liability under s. 292.13
(1)or
(1m).