Chapter 292, REMEDIAL ACTION

292.01 Definitions. In this chapter: (1) “Approved facility” has the meaning given in s. 289.01 (3). (1m) “Approved mining facility” has the meaning given in s. 289.01 (4) and includes a mining waste site, as defined in s. 295.41 (31). (1s) “Contaminated sediment” means sediment …

292.11 Hazardous substance spills. 292.11(2)(2) Notice of discharge. 292.11(2)(a)(a) A person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance shall notify the department immediately of any discharge not exempted under sub. (9).…

292.12 Sites with residual contamination. (1) DEFINITIONS. In this section: (a) “Agency with administrative authority” means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2) or the department of …

292.13 Property affected by off-site discharge. (1) EXEMPTION FROM LIABILITY FOR GROUNDWATER CONTAMINATION. A person is exempt from s. 292.11 (3), (4) and (7) (b) and (c) with respect to the existence of a hazardous substance in the groundwater on property possessed or controlled…

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 th…

292.16 Responsibility of certain municipalities acquiring closed landfills. (1) DEFINITION. In this section: (a) “Generator” has the meaning given in s. 292.35 (1) (b). (b) “Transporter” has the meaning given in s. 292.35 (1) (g). (2) APPLICATION. A municipality may apply to the …

292.19 Responsibility of persons conducting investigations. (1) For purposes of this chapter, a person who conducts an investigation of property to determine the existence of, or to obtain information about, a discharge of a hazardous substance does not possess or control the haz…

292.21 Responsibility of lenders and representatives. (1) RESPONSIBILITY OF LENDERS; LENDING ACTIVITIES; ACQUISITION OF PROPERTY. (a) Lending. 1. Subject to subd. 2. and par. (b), for purposes of this chapter, a lender does not possess or control a hazardous substance or cause th…

292.23 Responsibility of local governmental units; solid waste. (1) DEFINITION. In this section: (a) “Local governmental unit” means a municipality, a redevelopment authority created under s. 66.1333, a public body designated by a municipality under s. 66.1337 (4), a community de…

292.24 Responsibility of local governmental units; hazardous waste. (1) DEFINITION. In this section, “local governmental unit” has the meaning given in s. 292.11 (9) (e) 1. (2) EXEMPTION FROM LIABILITY. Except as provided in sub. (3), a local governmental unit is exempt from ss. …

292.25 Report on impact of exemptions from liability. (1) The department shall biennially determine all of the following: (a) The number of sites for which a person is seeking to qualify for an exemption under s. 292.15. (b) The number of sites for which a certificate of completi…

292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation shall submit a report evaluating the effectiveness of this state’s efforts to remedy the contamination of, and to redeve…

292.26 Civil immunity; local governmental units. (1) In this section, “local governmental unit” has the meaning given in s. 292.11 (9) (e) 1. (2) Except as provided in sub. (3), a local governmental unit is immune from civil liability related to the discharge of a hazardous subst…

292.31 Environmental repair. (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 polluti…

292.33 Local government cost recovery cause of action. (1) DEFINITION. In this section “local governmental unit” has the meaning given in s. 292.11 (9) (e) 1. (2) CAUSE OF ACTION. Except as provided in sub. (6), a local governmental unit may recover costs as provided in sub. (4) …

292.35 Local governmental unit negotiation and cost recovery. (1) DEFINITIONS. In this section: (am) “Financial assistance” means money, other than a loan, provided by a governmental unit that is not a responsible party to pay a portion of the cost of investigation and remedial a…

292.37 Confidentiality of records. (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. (2) CONFIDENTIAL RECORDS. (a) Appl…

292.41 Abandoned containers. (1) DEFINITION. In this section, “abandoned container” means any container which contains a hazardous substance and is not being monitored and maintained. (2) APPLICABILITY. (a) This section does not apply to abandoned containers which are located in …

292.51 Cooperative remedial action. (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 …

292.53 Availability of environmental insurance. The department, in cooperation with the department of administration, may undertake activities to make private environmental insurance products available to encourage and facilitate the cleanup and redevelopment of contaminated prop…

292.55 Requests for liability clarification and technical assistance. (1) (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. (b) The department may, upon request, assist in, …

292.57 Database of properties with residual contamination. (1) In this section, “groundwater standard” means an enforcement standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s. 160.01 (6). (2) (a) The department may promulgate a rule specifying a …

292.63 Petroleum storage remedial action; financial assistance. (1) DEFINITIONS. In this section: (ad) “Bodily injury” does not include those liabilities which are excluded from coverage in liability insurance policies for bodily injury other than liabilities excluded because the…

292.64 Removal of abandoned underground petroleum storage tanks. (1) In this section: (a) “Backfill” does not include landscaping or replacing sidewalk, asphalt, fence, or sod or other vegetation. (b) “Underground petroleum product storage tank system” has the meaning given in s.…

292.65 Dry cleaner environmental response program. (1) DEFINITIONS. In this section: (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 d…

292.68 Reimbursement for disposal of PCB contaminated sediment. (1) DEFINITIONS. In this section: (a) “Disposal costs” means the costs of transporting PCB contaminated sediment to a hazardous waste disposal facility, the fees for disposing of the PCB contaminated sediment in the …

292.70 Indemnification for disposal of polychlorinated biphenyls. 292.70(1)(1) Definition. In this section, “PCBs” has the meaning given in s. 299.45 (1) (a). 292.70(2)(2) Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the departmen…

292.72 Brownfields revolving loan program. (1) The department may enter into an agreement with the federal environmental protection agency under which the department receives funds under 42 USC 9604 (k) (3) (A) (i) to establish and administer a brownfields revolving loan program.…

292.74 PFAS community grant program. (1) DEFINITIONS. In this section: (a) “Immediate action” means a response action that is taken within a short period of time after the discharge of a hazardous substance occurs, or after the discovery of a hazardous substance discharge or envi…

292.76 Airport and industrial possessor; PFAS grant program. (1) DEFINITIONS. In this section: (ad) “Eligible entity” means any of the following: 1. The owner or operator of a public-use airport. 2. Industrial possessor. (ag) “Immediate action” means a response action that is tak…

292.81 Notice; lien. (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 …

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. History: 1995 a. 227.

292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementati…

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 conditi…

292.98 Violations and enforcement; environmental repair and cost recovery. (1) (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 sec…

292.99 Penalties. (1) Except as provided under sub. (1m) and s. 292.63 (10), 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 violati…