reglab/housing_qa huggingface dataset:
WI Stat § 291.95 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 291 - Hazardous waste management.|291.95 - Enforcement.

291.95  Enforcement. (1) Department action. If the department determines that any person is in violation of any requirement of this chapter or any rule promulgated or special order, plan approval or term or condition of a license or variance issued under this chapter, the department may do one or more of the following:(a) Give written notice to the violator of his or her failure to comply with the requirement.(b) Issue a special order requiring compliance within a specified time period.(c) Refer the matter to the department of justice for enforcement under s. 299.95. (2)  Department of justice action; disposition. The department of justice may initiate the legal action requested by the department under sub. (1) (c) after receipt of the written request. In any action commenced by it under this subsection, the department of justice shall, prior to stipulation, consent order, judgment or other final disposition of the case, consult with the department for the purpose of determining the department's views on final disposition. The department of justice may not enter into a final disposition different than that previously discussed without first informing the department. (3)  Assistance of district attorney. In any criminal action commenced under s. 291.97, the department of justice may request the assistance of the district attorney of any county in which the violation occurred, and the district attorney shall provide the requested assistance. (4)  Venue. Any action on a violation shall be commenced in the circuit court for the county in which the violation occurred. If all parties stipulate and the circuit court for Dane County agrees, the proceedings may be transferred to the circuit court for Dane County.History:  1977 c. 377; 1981 c. 374; 1987 a. 384; 1995 a. 227 s. 695; Stats. 1995 s. 291.95.Enforcement of ch. 144 [now chs. 281 to 299] is not contingent on the issuance of a compliance order. State v. Edward Kraemer & Sons, Inc. 170 Wis. 2d 646, 489 N.W.2d 708 (Ct. App. 1992).
WI Stat § 292.16 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.16 - Responsibility of certain municipalities acquiring closed landfills.

292.16  Responsibility of certain municipalities acquiring closed landfills. (1) Definition. In this section:(a) “Generator" has the meaning given in s. 292.35 (1) (b).(b) “Transporter" has the meaning given in s. 292.35 (1) (g). (2)  Application. A municipality may apply to the department for an exemption from liability with respect to property that contains a closed landfill and that is acquired by the municipality before, on or after October 14, 1997. (3)  Conditions for approval. The department shall approve an application under sub. (2) if all of the following apply:(a) The landfill is closed when the municipality acquires the property.(b) The landfill closure complies with all rules of the department at the time of the application under sub. (2).(c) The municipality did not have an ownership interest in the landfill while the landfill was in operation.(d) The municipality enters into an agreement with the department that contains requirements for the municipality to maintain the property.(e) The department determines that an exemption from liability under this section is in the public interest.(f) The landfill was privately owned while it was in operation.(g) The landfill has caused groundwater contamination.(h) A steering committee of local public and private representatives was formed to address the contamination caused by the landfill in a cooperative effort with the department that prevented the landfill from being listed on the national priority list under 42 USC 9605 (a) (8) (B).(i) The remedial action approved by the department authorized a recreational use for the property and was completed by December 31, 1995. (4)  Scope of exemption. An approval by the department under sub. (3) exempts the municipality from liability imposed under ss. 289.05, 289.41, 289.46, 289.95, 291.37, 291.85 (2), 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, based on the municipality's ownership of the property. The exemption does not apply to any liability based on hazardous substances for which the municipality is responsible as a generator or transporter. (5)  Requirements. If the department approves a municipality's application under sub. (3), the municipality shall do all of the following:(a) Obtain the prior approval of the department for any proposed uses of the property, for any physical disturbance of the soil and for any construction on the property.(b) Allow access to the property by any person who is required to conduct monitoring, to operate and maintain equipment or to undertake remedial action in connection with the closed landfill.History:  1997 a. 27; 2013 a. 173 s. 33.
WI Stat § 292.19 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.19 - Responsibility of persons conducting investigations.

292.19  Responsibility of persons conducting investigations. (1) For purposes of this chapter, a person who conducts an investigation of property to determine the existence of, or to obtain information about, a discharge of a hazardous substance does not possess or control the hazardous substance or cause the discharge of the hazardous substance as the result of conducting the investigation. (2) If the person who conducts the investigation physically causes a discharge, sub. (1) does not apply with respect to the portion of the property on which the person causes the discharge.History:  1997 a. 27.
WI Stat § 292.24 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.24 - Responsibility of local governmental units; hazardous waste.

292.24  Responsibility of local governmental units; hazardous waste. (1) Definition. In this section, “local governmental unit" has the meaning given in s. 292.11 (9) (e) 1. (2)  Exemption from liability. Except as provided in sub. (3), a local governmental unit is exempt from ss. 291.25 (1) to (5), 291.29 and 291.37, and rules promulgated under those provisions, with respect to the existence of a hazardous waste discharge on property acquired in a way or for a purpose described in s. 292.11 (9) (e) 1m., if all of the following occur at any time before or after the date of acquisition:(a) An environmental investigation of the property is conducted that is approved by the department and that identifies any hazardous waste discharges that occurred on the property.(b) The hazardous waste discharges identified by the investigation under par. (a) are cleaned up by restoring the environment to the extent practicable with respect to the discharges and minimizing the harmful effects from the discharges in accordance with rules promulgated by the department and any contract entered into under those rules.(c) The local governmental unit obtains an approval from the department stating that the property has been satisfactorily restored to the extent practicable with respect to the hazardous waste discharges and that the harmful effects from the discharges have been minimized.(d) The local governmental unit maintains and monitors the property as required under rules promulgated by the department and any contract entered into under those rules.(e) The local governmental unit does not engage in activities that are inconsistent with the maintenance of the property.(f) The local governmental unit has not obtained the certification under par. (c) by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the local governmental unit knew or should have known about more discharges of hazardous waste than were revealed by the investigation conducted under par. (a).(g) The local governmental unit did not cause the discharge of any hazardous waste identified on the property. (3)  Applicability. Subsection (2) does not apply to any of the following:(a) A hazardous waste treatment, storage or disposal facility that first begins operation after the date on which the local governmental unit acquired the property.(b) A licensed hazardous waste treatment, storage or disposal facility operated on the property before the date on which the local governmental unit acquired the property and that is operated after the date on which the local governmental unit acquired the property.(c) Any hazardous waste disposal facility that has been issued a license under s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those sections, for a period of long-term care following closure of the facility.History:  1999 a. 9.
WI Stat § 292.25 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.25 - Report on impact of exemptions from liability.

292.25  Report on impact of exemptions from liability. (1) The department shall biennially determine all of the following:(a) The number of sites for which a person is seeking to qualify for an exemption under s. 292.15.(b) The number of sites for which a certificate of completion was issued under s. 292.15.(c) The number of sites for which a certificate of completion was issued under s. 292.15 at which it is discovered that the cleanup failed or at which additional hazardous substances are found after the certificate of completion was issued.(d) The number of sites described in par. (b) at which the department has determined that it is necessary to conduct remedial action using moneys from the environmental fund and the estimated costs of performing that remedial action.(e) The number of sites for which a claim was made against an insurance policy required under s. 292.15 (2) (ae). (f) The number of sites for which a claim was made against an insurance policy required under s. 292.15 (2) (af). (2) No later than September 15 of each even-numbered year, the department shall submit a report describing its determinations under sub. (1) to the legislature under s. 13.172 (2), to the governor and to the department of administration. (3) The department may require a person to provide information necessary for the department to make the determinations under sub. (1).History:  1999 a. 9; 2015 a. 204.
WI Stat § 292.255 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.255 - Report on brownfield efforts.

292.255  Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 238.13 (1) (a).History:  1999 a. 9, 84; 2007 a. 20; 2011 a. 32.
WI Stat § 292.26 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.26 - Civil immunity; local governmental units.

292.26  Civil immunity; local governmental units. (1) In this section, “local governmental unit" has the meaning given in s. 292.11 (9) (e) 1. (2) Except as provided in sub. (3), a local governmental unit is immune from civil liability related to the discharge of a hazardous substance on or from property formerly owned or controlled by the local governmental unit if the property is no longer owned by the local governmental unit at the time that the discharge is discovered and if any of the following applies:(a) The local governmental unit acquired the property through tax delinquency proceedings or as the result of an order by a bankruptcy court.(b) The local governmental unit acquired the property from a local governmental unit that acquired the property under a method described in par. (a).(c) The local governmental unit acquired the property through condemnation or other proceeding under ch. 32.(d) The local governmental unit acquired the property for the purpose of slum clearance or blight elimination. (3) Subsection (2) does not apply with respect to a discharge of a hazardous substance caused by an activity conducted by the local governmental unit while the local governmental unit owned or controlled the property.History:  1997 a. 27.
WI Stat § 292.37 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.37 - Confidentiality of records.

292.37  Confidentiality of records. (1) Records. Except as provided under sub. (2), any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35 are public records subject to s. 19.21. (2)  Confidential records. (a)  Application. An owner or operator of a solid waste facility may seek confidential treatment of any records or other information furnished to or obtained by the department in the administration of ss. 292.31 and 292.35.(b)  Standards for granting confidential status. Except as provided under par. (c), the department shall grant confidential status for any records or information received by the department and certified by the owner or operator of the solid waste facility as relating to production or sales figures or to processes or production unique to the owner or operator of the solid waste facility or which would tend to adversely affect the competitive position of the owner or operator if made public.(c)  Emission data; analyses and summaries. The department may not grant confidential status for emission data. Nothing in this subsection prevents the department from using records and other information in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific owner or operator or the analyses or summaries do not reveal records or other information granted confidential status.(d)  Use of confidential records. Except as provided under par. (c) and this paragraph, the department or the department of justice may use records and other information granted confidential status under this subsection only in the administration and enforcement of ss. 292.31 and 292.35. The department or the department of justice may release for general distribution records and other information granted confidential status under this subsection if the owner or operator expressly agrees to the release. The department or the department of justice may release on a limited basis records and other information granted confidential status under this subsection if the department or the department of justice is directed to take this action by a judge or hearing examiner under an order which protects the confidentiality of the records or other information. The department or the department of justice may release to the U.S. environmental protection agency, or its authorized representative, records and other information granted confidential status under this subsection if the department or the department of justice includes in each release of records or other information a request to the U.S. environmental protection agency, or its authorized representative, to protect the confidentiality of the records or other information.History:  1995 a. 227 s. 993.
WI Stat § 292.41 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.41 - Abandoned containers.

292.41  Abandoned containers. (1) Definition. In this section, “abandoned container" means any container which contains a hazardous substance and is not being monitored and maintained. (2)  Applicability. (a) This section does not apply to abandoned containers which are located in an approved facility or a nonapproved facility.(b) Action by the department under this section is not subject to s. 292.31. (3)  Contingency plan. (a) After consultation with other affected federal, state and local agencies and private organizations, the department shall establish by rule criteria and procedures for the development, establishment and amendment of a contingency plan for the taking of emergency actions in relation to abandoned containers.(b) The contingency plan shall establish procedures and techniques for locating, identifying, removing and disposing of abandoned containers. (4)  Removal or other emergency action. The department or its authorized representative may contain, remove or dispose of abandoned containers or take any other emergency action which it deems appropriate under the circumstances. (5)  Access to property and records. Any officer, employee or authorized representative of the department, upon notice to the owner or occupant, may enter onto any property, premises or place at any time for the purposes of sub. (3) if the entry is necessary to prevent increased damage to the air, land or waters of the state, or may inspect any record relating to abandoned container management for the purpose of ascertaining the state of compliance with this section and the rules promulgated under this section. Notice to the owner or occupant is not required if the delay in providing the notice is likely to result in imminent risk to public health or welfare or the environment. (6)  Abandoned containers; appropriations.  (a) The department may utilize moneys appropriated under s. 20.370 (4) (dv) and (ms) in taking action under sub. (4). The department shall utilize these moneys to provide for the procurement, maintenance, and storage of necessary equipment and supplies, personnel training, and expenses incurred in locating, identifying, removing, and disposing of abandoned containers.(b) No more than 25 percent of the total of all moneys available under the appropriation under s. 20.370 (4) (dv) and (ms) may be used annually for the procurement and maintenance of necessary equipment during that fiscal year.(c) The department is entitled to recover moneys expended under this section from any person who caused the containers to be abandoned or is responsible for the containers. The funds recovered under this paragraph shall be deposited into the environmental fund for environmental management.History:  1983 a. 410; 1985 a. 29 ss. 1957, 3202 (39); 1987 a. 27, 384; 1989 a. 31; 1991 a. 39; 1993 a. 453; 1995 a. 27; 1995 a. 227 s. 716; Stats. 1995 s. 292.41; 1995 a. 378 s. 46; 1997 a. 27; 2017 a. 59.
WI Stat § 292.51 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.51 - Cooperative remedial action.

292.51  Cooperative remedial action. (1) In this section, “costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment. (2) The department may seek and receive voluntary contributions of funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort, by the department and the person providing the funds, to remedy that environmental contamination. All contributions received under this subsection shall be deposited in the environmental fund. (2m) Any person engaged in a cooperative effort with the department that is described in sub. (2) may seek and receive voluntary contributions of funds on behalf of the effort. (3) Provision of funding under sub. (2) or (2m) is not evidence of liability or an admission of liability for any environmental contamination. (4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under sub. (2).History:  1995 a. 27; 1995 a. 227 s. 824; Stats. 1995 s. 292.51; 1997 a. 27.
WI Stat § 292.53 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.53 - Availability of environmental insurance.

292.53  Availability of environmental insurance. The department, in cooperation with the department of administration, may undertake activities to make private environmental insurance products available to encourage and facilitate the cleanup and redevelopment of contaminated property. The department of natural resources may negotiate with, select, and contract with one or more insurers to provide insurance products under this section, subject to the approval of the department of administration under s. 16.865 (5).History:  2003 a. 315.
WI Stat § 292.55 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.55 - Requests for liability clarification and technical assistance.

292.55  Requests for liability clarification and technical assistance. (1) (a) The department may, upon request, assist a person to determine whether the person is or may become liable for the environmental pollution of a property.(b) The department may, upon request, assist in, or provide comments on, the planning and implementation of an environmental investigation of a property or the environmental cleanup of a property.(c) The department may determine whether further action is necessary to remedy environmental pollution of a property.(d) The department may issue a letter to a person seeking assistance under this subsection concerning any of the following:1. The liability of a person owning or leasing a property for environmental pollution of the property.2. The type and extent of environmental pollution of a property.3. The adequacy of an environmental investigation.4. Any other matter related to the request for assistance under this subsection. (2) The department may assess and collect fees from a person to offset the costs of providing assistance under sub. (1). The department shall promulgate rules for the assessment and collection of fees under this subsection. Fees collected under this subsection shall be credited to the appropriation account under s. 20.370 (4) (dh).History:  1997 a. 27; 2017 a. 59.
WI Stat § 292.57 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 292 - Remedial action.|292.57 - Database of properties with residual contamination.

292.57  Database of properties with residual contamination. (1) In this section, “groundwater standard" means an enforcement standard, as defined in s. 160.01 (2), or a preventive action limit, as defined in s. 160.01 (6). (2) (a) The department may promulgate a rule specifying a fee for placing information into a database concerning a property on which a groundwater standard is exceeded, a property on which residual contamination is present in soil, or a property that is subject to s. 292.12 (3) (b). The department may also specify a fee for modifying information in the database.(b) Any moneys collected under this subsection shall be credited to the appropriation account under s. 20.370 (4) (dh).History:  1999 a. 9; 2005 a. 25, 418; 2017 a. 59.