292.31 Environmental repair.

622 words·~3 min read·/wi/chapter-292/292-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Database; analysis.

(a)Database.

1. The department shall compile, maintain, and make available to the public a database of all sites or facilities and other properties at which the discharge of a hazardous substance or other environmental pollution has been reported to the department. The department shall update the database regularly.

3. The decision of the department to include a site or facility or other property on the database under subd. 1. or exclude a site or facility or other property from the database is not subject to judicial review.

4. Notwithstanding s. 227.01

(13)or 227.10

(1), the database under subd. 1. is not a rule.

(b)Investigation; analysis.

1. The department may take direct action under subd. 2. or 3. or may enter into a contract with any person to take the action.

2. The department may conduct an investigation, analysis and monitoring of a site or facility and areas surrounding the site or facility to determine the existence and extent of actual or potential environmental pollution from the site or facility including, but not limited to, monitoring by means of installing test wells or by testing water supplies. The department may conduct an investigation to identify persons who are potentially responsible for actual or potential environmental pollution from a site or facility.

If the department conducts an investigation to identify persons who are potentially responsible for actual or potential environmental pollution from a site or facility, the department shall make a reasonable effort to identify as many persons as possible responsible for the environmental pollution.

3. The department may determine whether a site or facility presents a substantial danger to public health or welfare or the environment and evaluate the magnitude of the danger.

(d)Access to information. Upon the request of any officer, employee or authorized representative of the department, any person who generated, transported, treated, stored or disposed of solid or hazardous waste which may have been disposed of at a site or facility under investigation by the department shall provide the officer, employee or authorized representative access to any records or documents in that person’s custody, possession or control which relate to:

1. The type and quantity of waste generated, transported, treated or stored which was disposed of at the site or facility and the dates of these activities.

2. The identity of persons who generated, transported, treated or stored waste which was disposed of at the site or facility.

3. The identity of subsidiary or parent corporations, as defined in sub.

(a)3. , of persons who generated, transported, treated or stored waste which was disposed of at the site or facility.

(2)Environmental response rules. The department shall promulgate rules relating to investigation and remedial action for sites or facilities and other properties at which the air, land, or waters of the state have been affected by the discharge of a hazardous substance or other environmental pollution, including all of the following provisions:

(a)Methods for investigating the degree and extent of contamination for actions under sub.

(3).

(b)Methods for remedial action under sub.

(3).

(c)Methods and criteria for determining the appropriate extent of remedial action under sub.

(3).

(d)Means of ensuring that the costs of remedial action are appropriate in relation to the associated benefits over the period of potential human exposure to substances released by the site or facility.

(e)Appropriate roles and responsibilities under this section for federal, state and local governments and for interstate and nongovernmental entities.

(3)Environmental repair.

(b)Department authority.

1. The department may take direct action under subds. 2. to 9. or may enter into a contract with any person to take the action.