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.