Wis. Stat. § 292.76 — WI Code / Chapter 292 / Section 292.76
Airport and industrial possessor; PFAS grant program.
Status: in_force

(1) Definitions. In this section:

(ad) “Eligible entity” means any of the following:

1. The owner or operator of a public-use airport.

2. Industrial possessor.

(ag) “Immediate action” means a response action that is taken within a short period of time after the discharge of a hazardous substance occurs, or after the discovery of a hazardous substance discharge or environmental pollution, to halt the discharge, contain or remove discharged hazardous substances, or remove contaminated environmental media in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands, and waters of the state, and to eliminate any imminent threat to public health, safety, or welfare.

(am) “Industrial possessor” has the meaning given in s. 292.11 (9) (g) 1. a.

(b) “Interim action” means a response action taken to contain or stabilize a discharge of a hazardous substance in order to minimize any threats to public health, safety, or welfare or the environment while other response actions are being taken or planned for a site or facility.

(c) “PFAS” means any perfluoroalkyl or polyfluoroalkyl substance.

(d) “Public-use airport” has the meaning given in s. 114.002 (18m) .

(e) “Remedial action” means a response action, other than an immediate action or interim action, taken to control, minimize, restore, or eliminate the discharge of hazardous substances or environmental pollution so that the hazardous substances or environmental pollution do not present an actual or potential threat to public health, safety, or welfare or the environment. “Remedial action” includes actions designed to prevent, minimize, stabilize, or eliminate the threat of discharged hazardous substances and actions to restore the environment to the extent practicable and meet all applicable environmental standards, including storage, disposal, containment, treatment, recycling, or reuse and any monitoring required to assure that such actions protect public health, safety, and welfare and the environment.

(2) Financial assistance. The department may administer a program to provide financial assistance to an eligible entity with PFAS contamination to take actions necessary to restore the environment to the extent practicable and minimize the harmful effects from the PFAS discharge to the air, lands, or waters of the state. An eligible entity that receives financial assistance under this section shall comply with the requirements of this chapter and the rules promulgated under this chapter.

(3) Eligibility. Before submitting an application for financial assistance under sub. (4) , an eligible entity shall do all of the following:

(a) Comply with the requirements under s. 292.11 (2) .

(b) Notify the department, on a form provided by the department, of the intent to apply for financial assistance.

(c) Consult with the department regarding the proposed project.

(4) Application. An eligible entity may apply for financial assistance under this section on a form prescribed by the department that includes all of the following information:

(a) The applicant’s name and information and an authorized point of contact for the applicant.

(b) If applicable, a copy of an ordinance or resolution authorizing the applicant to enter into a financial assistance agreement with the department.

(c) Information about the site where grant activities will be conducted, including the site’s address, tax identification number, and property owner, a description of the property location, and population information for the property.

(d) Details about the project for which financial assistance is requested, including the project’s purpose, description, scope, deliverables, timeline, maps, site plans, engineering plans, bids if applicable, permits if applicable, and access permission agreements.

(e) Financial information about the project for which financial assistance will be expended, including the project budget, the financial assistance request amount, and the funding source for matching funds.

(f) If water quality sampling is proposed for the project for which financial assistance is requested, sample results, a post-project sampling plan, sampling protocols, and health advisories issued by the department, the department of health services, or the applicable local health official.

(g) For a project involving an existing site, the bureau for remediation and redevelopment tracking system activity number, information about the qualified environmental consultant for the site, and a description of all of the following:

1. The current and past uses of the property and the surrounding area.

2. The environmental investigation and actions to date.

3. The known or potential exposure pathways and receptors.

4. Necessary environmental actions.

5. Other contaminants of concern that may be addressed by the proposed action.

6. The status of all environmental reports and department approvals, including all of the following:

a. The Phase I environmental site assessment.

b. The Phase II environmental site assessment.

c. The conceptual site model.

d. The site investigation work plan.

e. The site investigation.

f. The interim action plan.

g. The remedial action options report.

h. The remedial action plan.

i. The material management plan.

j. Any other environmental report submitted to the department for the site.

(5) Evaluation criteria. In providing financial assistance under this section, the department shall prioritize actions that minimize any threats to public health, safety, or welfare or the environment, actions necessary to stabilize a PFAS discharge, and actions necessary to halt or contain the PFAS discharge.

(6) Financial assistance agreements. Prior to providing financial assistance to an eligible entity under this section, the department shall enter into a financial assistance agreement with the eligible entity. If applicable, the governing body of the county, city, village, or town that owns the public-use airport shall pass a resolution or enact an ordinance authorizing the public-use airport to enter into the financial assistance agreement.

(7) Phased awards. The department may establish in the financial assistance agreement the phases of actions to be carried out by an eligible entity that is an owner or operator of a public-use airport, including phases for investigation, immediate actions, interim actions, and remedial actions. The department may establish in the financial assistance agreement the phases of actions to be carried out by an eligible entity that is an industrial possessor, including phases for investigation, immediate actions, interim actions, and voluntary remedial actions. The department may condition funding for each phase on the availability of funds for the program and may rescind a financial assistance agreement if a recipient fails to make reasonable progress towards completion of the actions of a phase. The department may include in the financial assistance agreement any of the following:

(a) A requirement that a technical work plan be submitted to the department for approval for the phase of work for which financial assistance is being provided.

(b) Eligible expenses.

(c) A schedule of maximum costs for eligible expenses.

(d) Reporting requirements.

(e) Deadlines for completion of actions within each phase.

(f) A deductible for each phase of 20 percent of the budgeted cost of eligible expenses that must be incurred by the eligible entity before reimbursement may be issued for any remaining eligible expense.

(8) Claims for reimbursement. The eligible entity may submit a claim to the department for reimbursement for eligible expenses incurred after a financial assistance agreement is executed for a phase under sub. (7) if all of the following apply:

(a) The eligible entity has completed the work in the phase for which reimbursement is requested, as described in the financial assistance agreement and rules promulgated under this chapter.

(b) The eligible entity has submitted a report on the completion of the phase to the department for approval and the department has issued a written approval of the report.

(c) The eligible entity has incurred and paid for eligible expenses in the phase that exceed the deductible for that phase.

History: 2025 a. 201 ; s. 35.17 correction in (1) (ad) 1., (7).