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(b) “Discharge” has the meaning given in s. 292.01 (3).
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1(c) “Innocent landowner” means any of the following:
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1. A property owner that acquired the property prior to November 1, 2006, has
3continuously owned the property since the date of acquisition, and can demonstrate,
4through documentation, that the discharge or environmental pollution on the
5property was caused by another person and that the property owner did not know
6and had no reason to know of the discharge or environmental pollution when the
7owner acquired the property.
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2. A property owner that acquired the property on or after November 1, 2006,
9has continuously owned the property since the date of acquisition, and can
10demonstrate, through documentation, that the property owner conducted all
11appropriate inquiries in compliance with
40 CFR part 312 prior to acquisition, that
12the discharge or environmental pollution on the property was caused by another
13person, and that the property owner did not know and had no reason to know of the
14discharge or environmental pollution when the owner acquired the property.
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(d) “Interim action" means a response action that is taken to contain or stabilize
16a discharge or environmental pollution at a site or facility, in order to minimize any
17threats to public health, safety, or welfare or to the environment, while other
18response actions are being taken or planned for the site or facility.
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(e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.
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(f) “Private party” means any of the following:
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1. A bank, trust company, savings bank, or credit union.
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2. A developer, as defined in s. 66.0617 (1) (b).
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3. An organization or enterprise, other than a sole proprietorship, that is
24operated for profit or that is nonprofit and nongovernmental, including an
1association, business trust, corporation, joint venture, limited liability company,
2limited liability partnership, partnership, or syndicate.
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4. An innocent landowner.
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(g) “Remedial action” has the meaning given in s. 292.12 (1) (d).
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5(2) Powers and duties of the department. (a) The department shall
6administer a program to award aids from the appropriation under s. 20.370 (6) (et)
7to eligible entities under sub. (5).
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(b) The department may not award aid to an entity under this section if that
9entity caused the discharge or environmental pollution at the site or facility for which
10aid is awarded, except to eligible entities for sites or facilities under sub. (4) (a).
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(c) The department may award aid to eligible entities in the form of grants or
12direct services or, for sites or facilities under sub. (4) (a), in the form of
13reimbursements.
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(d) The department may require a match from an eligible entity for an awarded
15aid in the form of cash or in-kind services, except from an eligible entity for a site or
16facility for which funds are designated under sub. (3) (a).
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17(3) Allocation of funds. (a) In any fiscal year, if there remain any sites or
18facilities under sub. (4) (a) for which a claim for reimbursement was submitted before
19the effective date of this paragraph .... [LRB inserts date], but for which the claim has
20not been paid, the department shall designate $1,000,000 of the funds appropriated
21under s. 20.370 (6) (et), or the total amount of such unpaid claims, whichever is less,
22to the payment of those claims.
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(b) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for
24which an application for eligibility was submitted before the effective date of this
25paragraph .... [LRB inserts date], but for which a claim has not been made to the
1department, the department shall designate $450,000 of the funds appropriated
2under s. 20.370 (6) (et) to the payment of claims for such sites or facilities, until all
3such sites or facilities have received a case closure letter under s. 292.12.
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(c) The department shall designate 15 percent of the funds appropriated under
5s. 20.370 (6) (et) to provide aid in small or disadvantaged communities.
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(d) The department may not provide more than one award of aid for a site or
7facility in a single fiscal year, except for sites or facilities under sub. (4) (a).
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8(4) Eligible sites and facilities. An eligible applicant under sub. (5) may
9receive aid under this section for any the following sites or facilities:
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(a) Sites or facilities for which an application for eligibility was submitted
11under the dry cleaner environmental response program under s. 292.65, 2021 stats.,
12and that were deemed eligible for that program before the effective date of this
13paragraph .... [LRB inserts date].
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(b) Brownfields.
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(c) Sites or facilities regulated under s. 292.11 that are owned by entities that
16are exempt from s. 292.11 (3), (4), and (7) (b) and (c) as provided under s. 292.11 (9)
17(e), 292.13, or 292.21.
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(d) Sites or facilities regulated under s. 292.11 that are owned by private
19parties.
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20(5) Eligible entities. The following entities are eligible for an award under
21this section.
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(a) Local governmental units that did not cause the discharge or environmental
23pollution.
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(b) Owners or operators of dry cleaning facilities that own or operate an eligible
25site or facility under sub. (4) (a).
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1(c) Private parties, other than a dry cleaning facility under par. (b), that did not
2cause the discharge or environmental pollution and can demonstrate that the party's
3property was fairly acquired through an arm's-length transaction.