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.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 292 - Remedial action.
292.11 - Hazardous substance spills.
292.12 - Sites with residual contamination.
292.13 - Property affected by off-site discharge.
292.15 - Voluntary party remediation and exemption from liability.
292.16 - Responsibility of certain municipalities acquiring closed landfills.
292.19 - Responsibility of persons conducting investigations.
292.21 - Responsibility of lenders and representatives.
292.23 - Responsibility of local governmental units; solid waste.
292.24 - Responsibility of local governmental units; hazardous waste.
292.25 - Report on impact of exemptions from liability.
292.255 - Report on brownfield efforts.
292.26 - Civil immunity; local governmental units.
292.31 - Environmental repair.
292.33 - Local government cost recovery cause of action.
292.35 - Local governmental unit negotiation and cost recovery.
292.37 - Confidentiality of records.
292.41 - Abandoned containers.
292.51 - Cooperative remedial action.
292.53 - Availability of environmental insurance.
292.55 - Requests for liability clarification and technical assistance.
292.57 - Database of properties with residual contamination.
292.63 - Petroleum storage remedial action; financial assistance.
292.64 - Removal of abandoned underground petroleum storage tanks.
292.65 - Dry cleaner environmental response program.
292.68 - Reimbursement for disposal of PCB contaminated sediment.
292.70 - Indemnification for disposal of polychlorinated biphenyls.
292.72 - Brownfields revolving loan program.
292.94 - Fees related to enforcement actions.
292.95 - Review of alleged violations; environmental repair and cost recovery.
292.98 - Violations and enforcement; environmental repair and cost recovery.