Wisconsin Statutes & Annotations
Chapter 292 - Remedial action.
292.70 - Indemnification for disposal of polychlorinated biphenyls.

292.70 Indemnification for disposal of polychlorinated biphenyls.
(1) Definition. In this section, “PCBs" has the meaning given in s. 299.45 (1) (a).
(2) Indemnification agreements concerning disposal of contaminated sediments. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against liability for damage to persons, property or the environment resulting from the municipality's acceptance for disposal of sediments that are from the Great Lakes basin and are contaminated with PCBs, if the sediments are disposed of in a manner approved by the department.
(3) Indemnification agreements concerning treatment of contaminated leachate. Subject to sub. (4), the department may enter into an agreement with a municipality under which this state agrees to indemnify the municipality and its agencies, officials, employees and agents against any liability for damage to persons, property or the environment resulting from the municipality's conveyance or treatment of leachate that is contaminated with PCBs and that is from a landfill that accepts sediments contaminated with PCBs, if the leachate is treated in a manner approved by the department.
(4) Requirements. The department may enter into an agreement under sub. (2) or (3) only if all of the following apply:
(a) The agreement is approved by the governor and the governing body of the municipality.
(b) The agreement specifies a method for determining whether the municipality is liable for damage described in sub. (2) or (3).
(c) The agreement requires the municipality to notify the department and the attorney general when a claim or lawsuit to which the agreement may apply is filed against the political subdivision.
(d) The agreement authorizes the attorney general to intervene on behalf of the municipality and this state in any lawsuit to which the agreement may apply.
(e) The agreement requires the operator of the solid waste disposal facility or wastewater treatment facility to minimize risks related to PCBs.
(f) The agreement authorizes the department to require the operator of the solid waste disposal facility or wastewater treatment facility to operate in a manner specified by the department in order to minimize risks related to PCBs.
(6) Immunity. This section and any agreement entered into under sub. (3) or (4) may not be construed as consent to sue this state.
(7) Review and payment. If a claim is filed under an agreement under sub. (2) or (3), the department shall review the claim to determine whether it is valid. A valid claim shall be paid from the appropriation under s. 20.370 (4) (fq).
History: 1999 a. 9; 2017 a. 59.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 292 - Remedial action.

292.01 - Definitions.

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.

292.81 - Notice; lien.

292.93 - Orders.

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.

292.99 - Penalties.