Wis. Stat. § 323.70 — WI Code / Chapter 323 / Section 323.70
Hazardous substance emergency response.
Status: in_force

(1) In this subchapter:

(a) “Hazardous substance” has the meaning given in s. 299.01 (6) .

(b) “Local agency” means an agency of a county, city, village, or town, including a municipal police or fire department, a municipal health organization, a county office of emergency management, a county sheriff, an emergency medical service, a local emergency response team, or a public works department.

(c) “Local emergency response team” means a team that the committee identifies under s. 323.61 (2m) (e) .

(2) The division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 323.13 (2) (a) . The division may only contract with a local agency under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd) .

(3) From the appropriations under s. 20.465 (3) (dr) and (jt) , the division shall reimburse a local agency contracted under sub. (2) for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the division determines that an emergency requiring the response existed. Reimbursement under this subsection shall be issued to the local agency within 60 days after receiving a complete application for reimbursement on a form prescribed by the division if the agency applies for reimbursement within 45 days after the conclusion of the deployment of the regional emergency response team.

(3m) From the appropriation under s. 20.465 (3) (jt) , the division shall reimburse a local agency under sub. (1) for costs incurred by the local agency for any increase in contributions for duty disability premiums under s. 40.05 (2) (ax) for employees who receive duty disability benefits under s. 40.65 because of an injury incurred while performing duties as a member of a regional emergency response team under sub. (2) .

(4) A person shall reimburse the division for costs incurred by a regional emergency response team in responding to an emergency involving a level A release or a potential level A release if an emergency requiring the team’s response existed and if any of the following conditions applies:

(a) The person possessed or controlled a hazardous substance that was involved in the emergency.

(b) The person caused the emergency.

(5) A member of a regional emergency response team who is acting under a contract under sub. (2) is considered an employee of the state for purposes of worker’s compensation benefits.

(6) The division shall notify the joint committee on finance in writing, before entering into a new contractual agreement under sub. (2) or renewing or extending a contractual agreement under sub. (2) , of the specific funding commitment involved in that proposed new, renewed or extended contract. The division shall include in that notification information regarding any anticipated contractual provisions that involve state fiscal commitments for each fiscal year in the proposed new, renewed or extended contract. The division may enter into a new contractual agreement or renew or extend a contractual agreement, as proposed in the notification to the joint committee on finance, if within 14 working days after notification the committee does not schedule a meeting to review the division’s proposed action. If, within 14 working days after notification to the joint committee on finance, the committee notifies the division that the committee has scheduled a meeting to review the division’s proposed action, the division may enter into the proposed new contact or renew or extend the contract as proposed only if the committee approves that action.

(6m) From the appropriation under s. 20.465 (3) (df) , the division may award grants to local agencies with which the division contracts under sub. (2) . A grant awarded under this subsection shall be used to fund the replacement of equipment used in emergency responses to releases of hazardous substances under this section.

History: 1991 a. 104 ; 1993 a. 253 ; 1995 a. 13 ; 1997 a. 27 , 41 ; 1999 a. 9 ; 2001 a. 16 ; 2005 a. 33 ; 2009 a. 42 ss. 176 to 178 , 214 to 221 , 223 , 224 ; Stats. 2009 s. 323.70; 2017 a. 59 ; 2021 a. 104 ; 2021 a. 240 s. 30 ; 2025 a. 129 .