Chapter 323

323.60(9)(b)1.b. b. If the department of justice has commenced and is diligently prosecuting a civil action against the alleged violator, but in any such action any resident of this state may intervene as a matter of right.

323.60(9)(b)2. 2. No action may be commenced against the division under this subsection if fewer than 60 days have elapsed since the plaintiff gave notice of the action to the division.

323.60(9)(c) (c) In addition to any other relief granted, the court may grant injunctive relief to restrain the violations alleged in the pleadings.

323.60(10) (10) Venue. A proceeding under sub. (8) or (9) may be brought in the circuit court for Dane County, for the county in which the defendant is located or for the county in which the violation is alleged to have occurred.

323.60(11) (11) Penalties.

323.60(11)(a) (a) Any person who violates sub. (5) (a), (b), or (d), or the emergency and hazardous chemical inventory form requirements of 42 USC 11022, as applied under sub. (5) (c), or any rule promulgated under sub. (5) (a), (b), or (d), or concerning emergency and hazardous chemical inventory form requirements shall forfeit not less than $100 nor more than $25,000. Total forfeitures for the failure of a facility to report multiple releases of hazardous substances covered under 42 USC 11004, as applied under sub. (5), shall not exceed $75,000 per day of offense.

323.60(11)(b) (b) Any person who knowingly and willfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (b) or any rule promulgated under sub. (5) (b) is subject to the following penalties:

323.60(11)(b)1. 1. For the first offense, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $25,000.

323.60(11)(b)2. 2. For the 2nd and subsequent offenses, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000.

323.60(11)(c) (c) Any person who violates sub. (5) (e) or (f) or the safety data sheet requirements of 42 USC 11021, as applied under sub. (5) (c), or any rule promulgated under sub. (5) (e) or (f) or concerning safety data sheet requirements shall forfeit not less than $50 nor more than $10,000.

323.60(11)(d) (d) Any person who knowingly and willfully releases a trade secret entitled to protection under 42 USC 11042, as applied under sub. (5) (e), shall be fined not less than $100 nor more than $20,000 or imprisoned for not more than one year in the county jail or both.

323.60(11)(dg) (dg) Except as provided in this paragraph, any person who negligently makes a false statement or representation in any document provided by the operator of a facility or required to be maintained by the operator of a facility under the federal act, this section or rules promulgated under this section shall forfeit not less than $100 nor more than $25,000. This penalty does not apply to the division, a committee or a member of the division or a committee.

323.60(11)(dr) (dr) Any person who violates any provision of this section or any rule promulgated under this section for which no penalty is provided under pars. (a) to (dg) shall forfeit not more than $20,000.

323.60(11)(e) (e) For the purposes of this subsection, each day of continued violation constitutes a separate offense.

323.60 History History: 1987 a. 342; 1989 a. 31, 115, 359; 1991 a. 39, 104, 189; 1993 a. 240, 253; 1995 a. 13, 113, 201, 227, 247; 1997 a. 27, 283; 1999 a. 9, 185; 2001 a. 16, 109; 2009 a. 42 ss. 157 to 161, 163, 168, 170 to 175, 179 to 192, 193 to 203, 205, 206; Stats. 2009 s. 323.60; 2013 a. 1; 2021 a. 243.

323.60 Cross-reference Cross-reference: See also chs. WEM 1, 2, 3, and 5, Wis. adm. code.

323.60 Annotation State Emergency Response Board committee members are entitled to indemnity for damage liability under s. 895.46 and legal representation by the attorney general under s. 165.25. 81 Atty. Gen. 17.

323.60 Annotation The authority and responsibility of local units of government to respond to Level B hazardous substance releases is discussed. OAG 1-99.

323.61 323.61 Emergency planning grants.

323.61(1) (1) General.

323.61(1)(a) (a) There is created an emergency planning grant program for the purpose of assisting committees to comply with the requirements of s. 323.60 and the federal act.

323.61(1)(b) (b) Any committee may apply annually to the division for an emergency planning grant. Applications shall be made in the manner specified by the division.

323.61(2) (2) Eligible costs. Eligible costs for emergency planning grants are limited to the cost of all of the following:

323.61(2)(a) (a) Maintaining emergency response plans required under 42 USC 11003, including the cost of maintaining facility plans.

323.61(2)(b) (b) Reviewing, exercising and implementing emergency response plans required under 42 USC 11003.

323.61(2)(br) (br) Subject to sub. (2m), 80 percent of the costs of computers and emergency response equipment, but not to exceed $10,000. In-kind contributions may be used to meet the committee’s contribution under this paragraph.

323.61(2)(c) (c) Committee operation and administration, including the cost of supplies and equipment reasonably necessary for committee operation and administration, but excluding the cost of computers and emergency response equipment.

323.61(2)(d) (d) Any other activity of the committee required under s. 323.60 or the federal act.

323.61(2)(dm) (dm) Hazardous materials response supplies.

323.61(2)(e) (e) The portion of a previous year’s costs that was approved by the division but not paid because of insufficient funds.

323.61(2m) (2m) Strategic plan. A committee is eligible for grant funds under sub. (2) (br) for emergency response equipment only if it submits to the division a strategic plan for emergency response to hazardous substance releases that includes all of the following:

323.61(2m)(a) (a) An analysis of the risks of hazardous substance releases in the county.

323.61(2m)(b) (b) Identification of the existing capability for emergency response to hazardous substance releases in the county.

323.61(2m)(c) (c) An assessment of needs, including equipment and training needs, related to emergency response to hazardous substance releases in the county.

323.61(2m)(d) (d) A process to maintain or increase the capability for emergency response to hazardous substance releases in the county.

323.61(2m)(e) (e) Identification of a local emergency response team that is capable of responding to a level B release that occurs at any place in the county and whose members meet the standards for hazardous materials technicians in 29 CFR 1910.120 (q) (6) (iii) and national fire protection association standards NFPA 471 and 472.

323.61(2m)(f) (f) Procedures for local emergency response team actions that are consistent with local emergency response plans developed under s. 323.60 (3) and the state contingency plan established under s. 292.11 (5).

323.61(3) (3) Grant amount.

323.61(3)(a) (a) Emergency planning grants shall not exceed the sum of the following amounts:

323.61(3)(a)1. 1. The costs of each new facility plan completed by the committee and approved by the division in the period covered by the grant.

323.61(3)(a)2. 2. All costs incurred by the committee in the period covered by the grant related to subs. (2) (b) to (dm) and (2m).

323.61(3)(a)3. 3. The portion of a previous year’s costs that was approved by the division but not paid because of insufficient funds.

323.61(3)(b) (b) The division shall reduce the grant amount calculated under par. (a) by the amount of any other gifts or grants received by the committee in the period covered by the grant for costs incurred by the committee related to sub. (2).

323.61(3)(c) (c) Notwithstanding sub. (2), the division shall deny that portion of a grant calculated under par. (a) 2. if the division determines that the committee has failed to meet grant obligations, including the development, review, exercise or implementation of local emergency response plans as required under s. 323.60 or the federal act.

323.61(3)(e) (e) Annually, the division shall establish a formula to determine the amount of emergency planning grant funds available to each county.

323.61(4) (4) Payment of grants. Annually, the division shall review all applications received under this section and make grants to committees from the appropriations under s. 20.465 (3) (jm) and (r). If insufficient funds are available to pay all approved grants, the division shall prorate the available funds among the eligible applicants in proportion to the approved grant amounts. A prorated payment shall be deemed full payment of the grant.

323.61(5) (5) Payment in advance.

323.61(5)(a) (a) The division may pay a portion of a grant before the end of the period covered by the grant if a committee requests the advance payment and if the division determines that the necessary funds are available and that the advance payment will not result in insufficient funds to pay other grants.

323.61(5)(b) (b) The division may pay an amount up to 50 percent of anticipated eligible costs covered by a grant up to 12 months before the end of the period covered by the grant. The division may pay an additional amount up to 25 percent of anticipated eligible costs up to 6 months before the end of the period covered by the grant. The division shall determine anticipated eligible costs from a budget submitted by the committee at the time that the committee requests payment in advance.

323.61(5)(c) (c) If a committee receives advance payments under this subsection which exceed the total grant amount calculated under sub. (3), the division shall subtract the amount of the overpayment from the amount of a grant paid to that committee in the next year that the committee receives a grant.

323.61 History History: 1987 a. 342; 1989 a. 31, 115; 1991 a. 104; 1993 a. 16; 1995 a. 13, 227; 1997 a. 27; 2001 a. 16; 2009 a. 42 ss. 207 to 213; Stats. 2009 s. 323.61.

323.62 323.62 Mobile field force grants. From the appropriation under s. 20.465 (3) (dm), the division may award grants to Wisconsin law enforcement agencies, as defined in s. 165.77 (1) (c), to fund crowd-control training and equipment used for crowd control.

323.62 History History: 2017 a. 59.

323.63 323.63 Pre-disaster flood resilience grant program.

323.63(1) (1) Definitions. In this section:

323.63(1)(a) (a) “Assessment grant” means a grant awarded under sub. (3).

323.63(1)(b) (b) “Implementation grant” means a grant awarded under sub. (4).

323.63(1)(c) (c) “Local governmental unit” means any city, village, town, county, regional planning commission, or federally recognized American Indian tribe or band in this state.

323.63(1)(d) (d) “Program” means the pre-disaster flood resilience grant program described in sub. (2) (a).

323.63(2) (2) Creation and administration.

323.63(2)(a) (a) The division shall create and administer a pre-disaster flood resilience grant program to provide grants to applicants for the purpose of identifying flood vulnerabilities, identifying options to improve flood resiliency, and restoring hydrology in order to reduce flood risk and damages in flood-prone communities.

323.63(2)(b) (b) The program shall provide grants as described in subs. (3) and (4), and shall establish an annual grant cycle.

323.63(2)(c) (c) In each fiscal biennium, for each dollar the program awards for an assessment grant under sub. (3), the program may award no more than 67 percent of a dollar for an implementation grant under sub. (4).

323.63(3) (3) Assessment grants.

323.63(3)(a) (a) Assessment grants awarded under this subsection shall support applicants’ generation and gathering of information on vulnerabilities and identification of flood resilience priorities on a watershed, catchment, or stream reach-scale through one or more of the following activities:

323.63(3)(a)1. 1. Assessments aimed at understanding flood flows and erosion hazards and vulnerabilities and identifying opportunities to increase flood resilience, including opportunities to restore wetland, stream, and floodplain hydrology.

323.63(3)(a)2. 2. Development of culvert inventories using the Great Lakes Stream Crossing Inventory, or using another road-stream crossing inventory method that considers structural risk factors, aquatic organism passage, and upstream hydrologic conditions, and that is at least as effective as the Great Lakes Stream Crossing Inventory.

323.63(3)(a)3. 3. Conducting hydrologic and hydraulic studies that help develop hydrologic models.

323.63(3)(b) (b) Data generated from activities under par. (a) may not be deemed proprietary and shall be provided to entities that develop local hazard mitigation plans.

323.63(3)(c) (c) The division may award an assessment grant of up to $300,000 for any combination of activities enumerated in par. (a). An assessment grant awarded under this subsection shall be for a maximum of 75 percent of the total anticipated project cost, and the assessment grant recipient shall secure the remaining funding. The remaining funding secured by the assessment grant recipient or local governmental unit may include the value of in-kind contributions, including goods and services and administrative costs.

323.63(3)(d) (d) An assessment grant application shall include the following information:

323.63(3)(d)1. 1. Written documentation from the local governmental unit’s main decision-authorizing body indicating that the body has authorized the local governmental unit’s participation in the grant project.

323.63(3)(d)2. 2. Written documentation from the local governmental unit’s body responsible for expending the local governmental unit’s funds indicating the body of the local governmental unit’s commitment or intention to expend funds or provide in-kind contributions for the grant project.

323.63(3)(d)3. 3. Information detailing all sources of funding for the project that will not be covered by the grant award under this subsection.

323.63(4) (4) Implementation grants.

323.63(4)(a) (a) Implementation grants awarded under this subsection shall be used for implementation of hydrologic restoration projects that have been either identified or designed through an activity specified under sub. (3) (a), or through a comparable assessment process, as determined by the division. Implementation grants awarded under this subsection shall support the regulatory coordination, engineering and design, construction, or post-construction monitoring of an applicant’s hydrologic restoration project that reconnects streams and floodplains, reestablishes healthy channel form and condition, mitigates erosion hazards, removes or reduces wetland drainage, restores or improves natural flow and movement of water or sediment, or reestablishes vegetation to support site stability and help manage flow and infiltration.

323.63(4)(b) (b) The maximum amount of an implementation grant award under this subsection shall be $250,000. An implementation grant awarded under this subsection shall be for a maximum of 75 percent of the total anticipated project cost, and the implementation grant recipient shall secure the remaining funding. The remaining funding secured by the assessment grant recipient or local governmental unit may include the value of in-kind contributions, including goods and services and administrative costs.

323.63(4)(c) (c) An implementation grant application shall include the following information:

323.63(4)(c)1. 1. Written documentation from the local governmental unit’s main decision-authorizing body indicating that the body has authorized the local governmental unit’s participation in the grant project.

323.63(4)(c)2. 2. Written documentation from the local governmental unit’s body responsible for expending the local governmental unit’s funds indicating the body of the local governmental unit’s commitment or intention to expend funds or provide in-kind contributions for the grant project.

323.63(4)(c)3. 3. Information detailing all sources of funding for the project that will not be covered by the grant award under this subsection.

323.63(5) (5) Eligibility.

323.63(5)(a) (a) The following persons are eligible to apply for a grant under this section:

323.63(5)(a)1. 1. One or more local governmental units.

323.63(5)(a)2. 2. A nonprofit organization applying on behalf of one or more local governmental units.

323.63(5)(a)3. 3. A private consulting organization applying on behalf of one or more local governmental units.

323.63(5)(b) (b) The division may consider an application for a grant under this section only if one of the following applies:

323.63(5)(b)1. 1. The application includes in its project area an area that has been the site of a presidentially declared disaster for flooding at any time in the 10 years preceding the applicable grant cycle.

323.63(5)(b)2. 2. The application includes in its project area an area that has previously been the site of a governor-issued state of emergency for flooding at any time in the 10 years preceding the applicable grant cycle.