Chapter 292

CHAPTER 292

REMEDIAL ACTION

SUBCHAPTER I

DEFINITIONS

292.01   Definitions.

SUBCHAPTER II

REMEDIAL ACTION

292.11   Hazardous substance spills.

292.12   Sites with residual contamination.

292.13   Property affected by off-site discharge.

292.15   Voluntary party remediation and exemption from liability.

292.16   Responsibility of certain municipalities acquiring closed landfills.

292.19   Responsibility of persons conducting investigations.

292.21   Responsibility of lenders and representatives.

292.23   Responsibility of local governmental units; solid waste.

292.24   Responsibility of local governmental units; hazardous waste.

292.25   Report on impact of exemptions from liability.

292.255   Report on brownfield efforts.

292.26   Civil immunity; local governmental units.

292.31   Environmental repair.

292.33   Local government cost recovery cause of action.

292.35   Local governmental unit negotiation and cost recovery.

292.37   Confidentiality of records.

292.41   Abandoned containers.

292.51   Cooperative remedial action.

292.53   Availability of environmental insurance.

292.55   Requests for liability clarification and technical assistance.

292.57   Database of properties with residual contamination.

292.63   Petroleum storage remedial action; financial assistance.

292.64   Removal of abandoned underground petroleum storage tanks.

292.65   Dry cleaner environmental response program.

292.68   Reimbursement for disposal of PCB contaminated sediment.

292.70   Indemnification for disposal of polychlorinated biphenyls.

292.72   Brownfields revolving loan program.

292.81   Notice; lien.

SUBCHAPTER III

ENFORCEMENT; PENALTIES

292.93   Orders.

292.94   Fees related to enforcement actions.

292.95   Review of alleged violations; environmental repair and cost recovery.

292.98   Violations and enforcement; environmental repair and cost recovery.

292.99   Penalties.

subch. I of ch. 292 SUBCHAPTER I

DEFINITIONS

292.01 292.01 Definitions. In this chapter:

292.01(1) (1) “Approved facility” has the meaning given in s. 289.01 (3).

292.01(1m) (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).

292.01(1s) (1s) “Contaminated sediment” means sediment that contains a hazardous substance.

292.01(2) (2) “Department” means the department of natural resources.

292.01(3) (3) “Discharge” means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.

292.01(3m) (3m) “Engineering control” means an object or action designed and implemented to contain contamination or to minimize the spread of contamination, including a cap, soil cover, or in-place stabilization, but not including a sediment cover.

292.01(4) (4) “Environmental pollution” means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

292.01(5) (5) “Hazardous substance” means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.

292.01(6) (6) “Hazardous waste” means any solid waste identified by the department as hazardous under s. 291.05.

292.01(7) (7) “Landfill” means a solid waste facility for solid waste disposal.

292.01(8) (8) “Lender” means a bank, credit union, savings bank, savings and loan association, mortgage banker or similar financial institution, the primary business of which is to engage in lending activities or an insurance company, pension fund or government agency engaged in secured lending.

292.01(9) (9) “Lending activities” means advancing funds or credit to and collecting funds from another person; entering into security agreements, including executing mortgages, liens, factoring agreements, accounts receivable financing arrangements, conditional sales, sale and leaseback arrangements and installment sales contracts; conducting inspections of or monitoring a borrower’s business and collateral; providing financial assistance; restructuring or renegotiating the terms of a loan obligation; requiring payment of additional interest; extending the payment period of a loan obligation; initiating foreclosure or other proceedings to enforce a security interest in property before obtaining title; requesting and obtaining the appointment of a receiver; and making decisions related to extending or refusing to extend credit.

292.01(10) (10) “Long-term care” means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.