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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.