3. The person who possesses or controls the property allows DNR, any responsible party, and any consultant or contractor of a responsible party to enter the property to take action to respond to the discharge.
4. The person who possesses or controls the property does not interfere with any action taken in response to the discharge and does not take any action that worsens or contributes to the PFAS discharge.
5. The person who possesses or controls the property follows any other condition that DNR determines is reasonable and necessary to ensure that DNR, the responsible party, or any consultant or contractor of the responsible party is able to adequately respond to the discharge, including taking action necessary to protect human health, safety, or welfare or the environment, taking into consideration the current or intended use of the property.
6. The person who possesses or controls the property allows DNR to limit public access to the property if DNR determines it is necessary to prevent an imminent threat to human health, safety, or welfare or to the environment.
Under the bill, this exemption applies only to PFAS for which there is a state or federal standard, a public health recommendation from DHS, or a health advisory issue by the federal Environmental Protection Agency. The exemption also does not apply after December 31, 2035. The exemption does not apply to any substances other than PFAS, and does not apply if the person that possesses or controls the property takes action that worsens or contributes to the PFAS discharge.
The bill requires a person that is exempt from these provisions to provide written disclosure of the type and location of the PFAS contamination and remediation activities to any prospective purchaser or tenant of the property. The bill also provides that the exemption may not be transferred to subsequent owners of the property; each person that possesses or controls the property must establish eligibility for the exemption.
The bill also provides that DNR may not use the fact that a person has applied for financial assistance under the state’s well compensation program, the county well testing grant program created in the bill, or any other state grant programs funded by the federal American Rescue Plan Act of 2021 to determine whether the person is a person that possesses or controls a hazardous substance or that causes the discharge of a hazardous substance for purposes of applying the spills law.
Finally, the bill provides that, if there is no existing standard for a hazardous substance, the person that possesses or controls the hazardous substance or that caused the discharge of the hazardous substance must propose site-specific environmental standards for DNR approval.
Groundwater standards for PFAS
Under current law, DNR maintains a list of substances that have a reasonable probability of entering the groundwater resources of the state and that are shown to involve public health concerns. DHS recommends groundwater enforcement standards for substances on this list, which DNR then proposes as DNR rules in its rule-making process. The bill requires DNR to begin the rule-making process to adopt DHS’s recommended groundwater enforcement standards for any PFAS within three months after receiving DHS’s recommendation.
Rule-making exemptions for PFAS
Current law requires an agency to suspend working on a permanent rule if it determines that the proposed rule may result in more than $10,000,000 in implementation and compliance costs over any two-year period. Current law also allows standing committees of the legislature and the Joint Committee for the Review of Administrative Rules (JCRAR) to review, approve, object to, or modify a proposed rule. If JCRAR objects to all or part of a proposed rule, that rule may not be promulgated unless a bill is introduced and enacted that authorizes the promulgation of the rule. In addition, current law allows JCRAR to suspend rules that have already been promulgated; if the rule suspended is an emergency rule, the agency that promulgated the emergency rule is prohibited from proposing a permanent rule that contains the same substance as the suspended emergency rule. The bill creates an exemption from these provisions for any proposed or existing DNR rule that establishes acceptable levels and standards, enforcement standards and preventative action limits, performance standards, monitoring requirements, or required response actions for any PFAS compound or group or class of PFAS in groundwater, drinking water, surface water, air, soil, or sediment.
PFAS community grant program
The bill creates a community grant program, administered by DNR, to address PFAS. Under the program, DNR must provide grants to cities, towns, villages, counties, tribal governments, utility districts, lake protections districts, sewerage districts, and municipal airports (municipalities). DNR may award a grant only if the applicant tested or trained with a PFAS-containing firefighting foam in accordance with applicable state and federal law, or a third party tested or trained with PFAS-containing firefighting foam within the boundaries of the municipality; the applicant applied biosolids to land under a WPDES permit issued by DNR; PFAS are impacting the applicant’s drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions; or PFAS contamination in groundwater is impacting private wells within the area controlled by the municipality.
Under the bill, grants provided under this program may be used to investigate potential PFAS impacts in order to reduce or eliminate environmental contamination; treat or dispose of PFAS-containing firefighting foam containers; sample a private water supply within three miles of a site or facility known to contain PFAS or to have caused a PFAS discharge; assist private well owners with the cost of installation of filters, treatment, or well replacement; provide a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination; remove or treat PFAS in public water systems in areas where PFAS levels exceed the maximum contaminant level for PFAS in drinking water or an enforcement standard for PFAS groundwater or in areas where the state has issued a health advisory for PFAS; create a new public water system or connect private well owners to an existing public water system in areas with widespread PFAS contamination in private wells; or sample and test water in schools and daycares for PFAS contamination.
An applicant that receives a grant under this program must contribute matching funds equal to at least 20 percent of the amount of the grant. The applicant must apply for a grant on a form prescribed by DNR and must include any information that DNR finds is necessary to determine the eligibility of the project, identify the funding requested, determine the priority of the project, and calculate the amount of a grant. In awarding grants under this program, DNR must consider the applicant’s demonstrated commitment to performing and completing eligible activities, including the applicant’s financial commitment and ability to successfully administer grants; the degree to which the project will have a positive impact on public health and the environment; and any other criteria that DNR finds necessary to prioritize the funds available for awarding grants.
County PFAS well testing grant program
The bill also creates a grant program, under which DNR provides grants to counties to provide sampling and testing services to private well owners to sample and test for PFAS, nitrates, bacteria, and lead. The bill creates an appropriation to be funded from the segregated PFAS fund for this purpose.
PFAS under the Safe Drinking Water Loan Program
Under current law, DOA and DNR administer the Safe Drinking Water Loan Program (SDWLP), which provides financial assistance from the environmental improvement program to municipalities, and to the private owners of community water systems that serve municipalities, for projects that will help the municipality comply with federal drinking water standards. DNR establishes a funding priority list for SDWLP projects, and DOA allocates funding for those projects.
The bill requires DNR, when ranking the priority of SDWLP projects, to rank a project relating to PFAS in the same manner as if a maximum contaminant level for PFAS had been attained or exceeded, if DHS has recommended an enforcement standard for the type of PFAS involved in the project.
Mediator for municipalities seeking alternate water sources due to PFAS
Under the bill, if a municipality’s private water supplies have been contaminated by PFAS and the municipality is seeking an alternate water supply from another municipality, DNR may appoint a mediator to assist in negotiations between the two municipalities. Under the bill, this provision only applies if the contaminating PFAS is in excess of a state or federal drinking water standard, a state groundwater standard, or a public health recommendation from DHS. The bill provides that the person responsible for the contamination may participate in the negotiations. The bill requires DNR to promulgate rules to implement these provisions, including rules for the allocation of the cost of a mediator.
Landspreading and PFAS
Under current law, a wastewater treatment facility, and any person that wishes to land spread sludge, must obtain a WPDES permit from DNR. DNR is required to include conditions in such permits to ensure compliance with water quality standards.
Under the bill, a WPDES permit that allows the permittee to land spread sludge must also include a condition that requires the permittee to annually test the sludge for any type of PFAS for which there is a state or federal standard, a public health recommendation from DHS, or a health advisory from the federal Environmental Protection Agency. The permittee must report the sampling and testing results to DNR and to the property owner before applying the sludge.
Additionally, a WPDES permit issued to a treatment work must require the permittee to test all sludge for the presence of PFAS and to report the testing results to DNR.
Proof of financial responsibility for PFAS contamination
The bill also provides that DNR may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls or who causes the discharge of PFAS, or who manufactures products that contain intentionally added PFAS, to provide proof of financial responsibility for remediation and long-term care to address contamination by a potential discharge of PFAS or environmental pollution that may be caused by a discharge of PFAS. This financial responsibility requirement does not apply to a person that is exempt from the spills law under the provisions of the bill.
Environmental justice impacts of PFAS transportation and disposal
The bill requires a person disposing of PFAS, or transporting PFAS for the purpose of disposal, to attempt to the greatest extent possible to avoid disposing of PFAS in, or transporting PFAS to, any location where such disposal or transportation will contribute to environmental justice concerns and to consider all reasonable alternatives for transport and disposal of PFAS. The bill requires DNR to assist in evaluating the environmental justice impacts of a person’s PFAS disposal or transportation.
Statewide PFAS biomonitoring studies
The bill requires DHS to conduct biomonitoring studies across the state to assess PFAS exposure levels and better understand the factors that affect PFAS levels in residents of different communities. As part of these studies, DHS may survey volunteer participants, test blood samples for PFAS, and analyze the results.
DATCP testing for PFAS
Under current law, DATCP conducts several statewide monitoring programs, sampling programs, and surveys related to testing groundwater quality for agricultural purposes. The bill requires that, when collecting and testing samples under one of these statewide programs, DATCP must also, at its discretion and where appropriate, test samples for the presence of PFAS.
Hazardous substances and environmental cleanup
Revitalize Wisconsin program
The bill creates the Revitalize Wisconsin program, which is administered by DNR and which provides aid, in the form of grants or direct services to local governments, dry cleaners, and private parties, to address the discharge of a hazardous substance or the existence of environmental pollution on the government’s or person’s property. Aid may be provided for sites for which the site’s owner or operator applied for assistance under the dry cleaner environmental response program before the bill’s effective date; brownfields; sites that are exempt from the state’s spills law; and sites that are subject to the spills law but that are owned by private parties. The bill defines “private party” to mean a bank, trust company, savings bank, or credit union; a developer; a nongovernmental organization; or an innocent landowner. The bill defines an “innocent landowner” as a property owner that either 1) acquired the property prior to November 1, 2006, has continuously owned the property since the date of acquisition, and can demonstrate, through documentation, that the discharge or environmental pollution being addressed was caused by another person and that the property owner did not know and had no reason to know of the discharge or pollution when the owner acquired the property or 2) acquired the property on or after November 1, 2006, meets all of the previously stated requirements, and can demonstrate, through documentation, that the property owner conducted all appropriate inquiries in compliance with federal law prior to acquiring the property.
The bill provides that DNR may not award aid to an applicant under the Revitalize Wisconsin program if the applicant caused the discharge or environmental pollution, unless the applicant is a dry cleaner that applied for assistance under the dry cleaner environmental response program before the bill’s effective date. The bill also provides that DNR may require an applicant to provide a match, either in cash or in-kind services, for any aid that is awarded under the program.
Activities for which aid may be provided under the program include removing hazardous substances from contaminated media; investigating and assessing the discharge or environmental pollution; removing abandoned containers; asbestos abatement; and restoring or replacing a private potable water supply.
The bill also allows DNR to inspect any document in the possession of an applicant or any other person if the document is relevant to an application for financial assistance under the program.
Access to information on solid or hazardous waste
Under current law, a person who generated, transported, treated, stored, or disposed of solid or hazardous waste at a site or facility under investigation by DNR must provide DNR with access to certain records relating to that waste. The bill requires a person who generated solid or hazardous waste at a site or facility under investigation by DNR to also provide this information, if the waste was transported to, treated at, stored at, or disposed of at another site, facility, or location.
Kewaunee Marsh remediation funding
The bill appropriates moneys from the general fund to DNR for development of a remedial action plan and for the remediation of arsenic contamination in the Kewaunee Marsh in Kewaunee County.
Amcast superfund site remediation funding
The bill appropriates moneys from the segregated environmental fund to DNR for remedial action relating to the Amcast superfund site in Cedarburg. A “superfund site” is a site identified under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as being contaminated with hazardous substances and requiring cleanup.
5R Processors cleanup funding lapse
Under current law, DNR is appropriated moneys from the environmental fund to contract with third parties to perform assessment, collection, transportation, and disposal of cathode-ray tube glass and related waste generated from activities undertaken by 5R Processors. The bill provides that, of those moneys, any unencumbered amounts are lapsed to the environmental fund.
Water quality
Well compensation grant program
The bill makes changes to the well compensation grant program currently administered by DNR.
Under current law, an individual owner or renter of a contaminated private well may apply for a grant from DNR to cover a portion of the costs to treat the water, reconstruct the well, construct a new well, connect to a public water supply, or fill and seal the well. To be eligible for a grant, the well owner’s or renter’s annual family income may not exceed $65,000. A grant awarded under the program may not cover any portion of a project’s eligible costs in excess of $16,000 and, of those costs, may not exceed 75 percent of a project’s eligible costs, meaning that a grant may not exceed $12,000. In addition, if the well owner’s or renter’s annual family income exceeds $45,000, the amount of the award is reduced by 30 percent of the amount by which the annual family income exceeds $45,000.
The bill increases the family income limit to $100,000. In addition, under the bill, a well owner or renter whose family income is below the state’s median income may receive a grant of up to 100 percent of a project’s eligible costs, not to exceed $16,000. The bill also eliminates the requirement to reduce an award by 30 percent if the well owner’s or renter’s family income exceeds $45,000.
The bill also expands the grant program to allow an owner or renter of a “transient noncommunity water supply” to apply for a grant. A “transient noncommunity water supply” is defined in the bill as a water system that serves at least 25 persons at least 60 days of the year but that does not regularly serve at least 25 of the same persons over six months per year.
Under current law, a well that is contaminated only by nitrates is eligible for a grant only if the well is a water supply for livestock, is used at least three months in each year, and contains nitrates in excess of 40 parts per million. The bill eliminates these restrictions for claims based on nitrates, and instead allows grants to be issued for wells based on contamination by at least 10 parts per million of nitrate nitrogen. The bill also allows grants to be issued for wells contaminated by at least 10 parts per billion of arsenic, or by a perfluoroalkyl or polyfluoroalkyl substance (PFAS) in an amount that exceeds any applicable health advisory or standard for that substance.
Under current law, DNR must issue grants in the order in which completed claims are received. Under the bill, if there are insufficient funds to pay claims, DNR may, for claims based on nitrate contamination, prioritize claims that are based on higher levels of nitrate contamination.
Town of Bloom well compensation grant eligibility
Under current law, a city, village, town, county, or special purpose district is not eligible for a grant under the well compensation grant program. The bill provides that the town of Bloom in Richland County may apply for this type of grant, but the grant may not exceed $16,000.
Ballast water discharge
Under current law, DNR may issue a general permit authorizing a vessel that is 79 feet or greater in length to discharge ballast water into the waters of the state. DNR may charge an application fee of $1,200 and a $345 annual fee for the permit. DNR must use collected fees to administer the permit program.
The bill eliminates these provisions and provides that the owner or operator of any commercial vessel subject to the requirements of the federal Vessel Incidental Discharge Act that has operated outside this state must pay DNR $650 per arrival to a port of this state. Under the bill, the owner or operator of a commercial vessel subject to these requirements, including a vessel engaged in coastwise trade, may not be required to pay more than $3,250 in fees per calendar year. DNR must use collected fees for management, administration, inspection, monitoring, and enforcement activities relating to incidental discharges, including ballast water discharges.
Under current law, an employee or agent of DNR may board and inspect any vessel that is subject to requirements relating to environmental protection requirements for tank vessels or open burning on commercial vessels to determine compliance with those requirements.
The bill provides that DNR may enter into a memorandum of agreement with the U.S. Coast Guard authorizing an employee or agent of DNR to board and inspect any vessel that is subject to the requirements under the bill to determine compliance with the federal Vessel Incidental Discharge Act.
Storm water pond safety
Under current law, DNR issues water pollutant discharge elimination system (WPDES) permits and storm water discharge permits and promulgates rules for the administration of both permits. The bill requires that DNR promulgate rules establishing that any pond located in an area with a population density of at least 1,000 people per square mile that is constructed as part of an activity for which these permits are required must include one or more of the following safety features: 1) a shallow ledge around the periphery of the pond; 2) vegetation that is at least 24 inches high between the pond and any easy point of access; or 3) any other alternative safety feature authorized by DNR by rule.
Winter road safety improvement grant program
The bill requires DNR to administer a program to provide grants to municipalities for eligible expenditures for equipment critical to winter road safety. The bill requires DNR to promulgate rules necessary to administer the program, including rules that specify criteria for determining eligible recipients and expenditures.
Fee for high capacity well approvals
Under current law, no person may construct a high capacity well, which is a well with a capacity of more than 100,000 gallons per day, without prior approval of DNR and payment of a $500 fee. The bill increases that fee to $1,000.
Fee for CAFO permits
Under current law, a person who operates a concentrated animal feeding operation (CAFO) must have a WPDES permit from DNR. A CAFO is a livestock operation that contains at least 1,000 animal units, that discharges pollutants to a navigable water, or that contaminates a well. Current law requires a CAFO operator with a WPDES permit to pay an annual fee of $345 to DNR. The bill increases the amount of this annual fee to $545.
Fee for WPDES general permits
Under current law, a person may not discharge a pollutant into waters of the state without a WPDES permit issued by DNR. In addition to site-specific individual permits, DNR is authorized to issue a general permit that authorizes specified discharges in a designated area of the state. The bill requires DNR to charge a $425 processing fee for these permits.
Storm water permit appropriation
Under current law, a person may need to obtain a permit from DNR to discharge storm water. Current law appropriates money annually from the general fund for the administration of the storm water discharge permit program. Storm water permit fees collected by DNR are credited to the storm water permit appropriation.
The bill changes the storm water permit appropriation from an annual to a continuing appropriation. An annual appropriation is expendable only up to the amount shown in the schedule and only for the fiscal year for which made. A continuing appropriation is expendable until fully depleted or repealed.
Lead service line replacement appropriation
Under current law, DOA and DNR administer the Safe Drinking Water Loan Program (SDWLP), which provides financial assistance from the environmental improvement program to local governmental units and to the private owners of community water systems that serve local governmental units for projects for the planning, designing, construction, or modification of public water systems. DNR establishes a funding list for SDWLP projects and DOA allocates funding for those projects.
The bill creates a continuing appropriation from the general fund to the environmental improvement program for projects involving forgivable loans to private users of public water systems to replace lead service lines.
Environmental improvement fund revenue bonding limit
Current law authorizes the issuance of revenue bonds for the Clean Water Fund Program and the SDWLP under the environmental improvement fund but limits the principal amount of those revenue bonds to $2,597,400,000. The bill increases that limit by $725,900,000, to $3,323,300,000.
Bonding for urban storm water, flood control, and riparian restoration
Under current law, the state may contract up to $61,600,000 in public debt to provide financial assistance for projects that manage urban storm water and runoff and for flood control and riparian restoration projects. The bill increases the bonding authority for these projects by $11,000,000.
Bonding for nonpoint source water pollution abatement
Under current law, the state may contract up to $57,050,000 in public debt to provide financial assistance for projects that control pollution that comes from diffuse sources rather than a single concentrated discharge source in areas that qualify as high priority due to water quality problems. The bill increases the bonding authority for these projects by $10,000,000.
Bonding for Great Lakes contaminated sediment removal
Under current law, the state may contract up to $40,000,000 in public debt to provide financial assistance for projects to remove contaminated sediment from Lake Michigan or Lake Superior, or a tributary of Lake Michigan or Lake Superior, if DNR has identified the body of water as being impaired by the sediment. The bill increases the bonding authority for sediment removal projects by $9,000,000.
Air quality
