SB361,24 Section 24. 292.67 of the statutes is created to read:

SB361,17,24 292.67 County well testing grant program. (1) Definitions. In this section:

SB361,17,25 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB361,18,2 (b) “Private water supply" means a well that is used as a source of water for humans, livestock, as defined in s. 95.80 (1) (b), or poultry.

SB361,18,6 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ee) to counties for the purpose of providing sampling and testing services to owners of private water supplies to sample and test for PFAS, nitrates, bacteria, and lead.

SB361,25 Section 25. 292.74 of the statutes is created to read:

SB361,18,25 292.74 Financial responsibility for PFAS. The department 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 a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines is necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter. This section does not apply to a municipality, fire department, fire district, water utility, wastewater utility, agricultural producer, or the state.

SB361,26 Section 26. 299.15 (2m) of the statutes is created to read:

SB361,19,6 299.15 (2m) The department shall consider any perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended a groundwater enforcement standard to be an air contaminant for purposes of sub. (2) (a) 2. The reporting level for these substances is any amount greater than zero pounds per year.

SB361,27 Section 27. 299.48 (1) (am) of the statutes is created to read:

SB361,19,11 299.48 (1) (am) “Foam” includes any material that contains PFAS that is generated as a result of foam storage, containment, or treatment, including treatment media, equipment used to clean up fire fighting foams, booms, filters, infrastructure, or other debris.

SB361,28 Section 28. 299.48 (1) (e) of the statutes is created to read:

SB361,19,16 299.48 (1) (e) “Treatment” means any method, technique, or process, including thermal destruction, that changes the physical, chemical, or biological character or composition of a contaminant so as to immobilize, remove, or destroy the contaminant.

SB361,29 Section 29. 299.48 (3d) of the statutes is created to read:

SB361,20,9 299.48 (3d) Treatment and disposal. (a) If the person responsible for treatment of foam uses a treatment other than incineration or thermal destruction, the person shall monitor and sample any treated wastewater for the foam indicator parameters listed in par. (b) or in a modified list of indicator parameters under par. (d) to ensure effective treatment of foam, which includes removal of PFAS. The treatment indicator parameter action levels included in par. (b) or in any modified list under par. (d) are not enforceable effluent limitations, but are values that shall be used by the person treating foam to gauge appropriate treatment effectiveness, and to trigger actions under par. (c) that are needed to ensure that a treatment system continues to optimize PFAS removal. Treated wastewater samples shall be collected at least weekly during periods of discharge, although this frequency may be reduced after one year of data collection if the department determines that data indicate that breakthrough of PFAS occurs less frequently than weekly. All analytical sample results for PFAS shall be retained for 3 years and made available to the department upon request. In accordance with par. (c), the person responsible for the treatment of foam may request a modification to the list of PFAS indicator parameters that are required for sampling under par. (b).

SB361,20,11 (b) The PFAS treatment indicator parameters and action levels for this subsection are as follows:

SB361,20,12 1. For 4:2 Fluorotelomer Sulfonic Acid (4:2 FTS), the action level is 2.1 ng/L.

SB361,20,13 2. For 6:2 Fluorotelomer Sulfonic Acid (6:2 FTS), the action level is 2.4 ng/L.

SB361,20,14 3. For 8:2 Fluorotelomer Sulfonic Acid (8:2 FTS), the action level is 2.3 ng/L.

SB361,20,15 4. For Perfluorobutanoic Acid (PFBA), the action level is 960 ng/L.

SB361,20,16 5. For Perfluorobutanesulfonic Acid (PFBS), the action level is 1.8 ng/L.

SB361,20,17 6. For Perfluoropentanoic Acid (PFPeA), the action level is 197 ng/L.

SB361,20,18 7. For Perfluoropentanesulfonic Acid (PFPeS), the action level is 2.4 ng/L.

SB361,20,19 8. For Perfluorohexanoic Acid (PFHxA), the action level is 2.4 ng/L.

SB361,20,20 9. For Perfluorohexanesulfonic Acid (PFHxS), the action level is 1.7 ng/L.

SB361,20,21 10. For Perfluoroheptanoic Acid (PFHpA), the action level is 3.2 ng/L.

SB361,20,22 11. For Perfluoroheptanesulfonic Acid (PFHpS), the action level is 2.0 ng/L.

SB361,20,23 12. For Perfluorooctanoic Acid (PFOA), the action level is 2.1 ng/L.

SB361,20,24 13. For Perfluorooctanesulfonic Acid (PFOS), the action level is 1.3 ng/L.