895.56 Liability exemption; handling of petroleum-contaminated soil under contract with the department of transportation.
(1) In this section:
(a) “Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency, as defined in s. 1.12 (1) (b), or federal agency.
(b) “Petroleum-contaminated soil" means soil contaminated with material derived from petroleum, natural gas or asphalt deposits, including gasoline, diesel and heating fuels, liquified petroleum gases, lubricants, waxes, greases and petrochemicals.
(2) A person is immune from liability arising under s. 292.11 and from any liability for the removal or remedying of petroleum-contaminated soil or for damages resulting from the person's actions or omissions relating to petroleum-contaminated soil if all of the following apply:
(a) The acts or omissions by the person occurred while performing a contract entered into under s. 84.06 (2), including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract entered into under s. 84.06 (2) to perform labor or furnish materials.
(b) In the course of performing a contract described in par. (a), petroleum-contaminated soil was encountered on the property on which the contracted activity is taking place, and the petroleum-contaminated soil cannot be avoided in performing the contract.
(c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.
(3) Subsection (2) does not apply to any person to whom any of the following applies:
(a) The person brought petroleum-contaminated soil onto the property or otherwise caused the initial contamination of the property with a hazardous substance, as defined in s. 292.01 (5).
(b) The person's act or omission constitutes gross negligence or involves reckless, wanton or intentional misconduct.
(c) The person fails to warn the department of transportation or the department of natural resources about the presence of petroleum-contaminated soil encountered at the site, if the petroleum-contaminated soil was reasonably known to the person but not to the department of transportation or to the department of natural resources.
(d) The person is under a previous or separate contract with a state agency, as defined in s. 1.12 (1) (b), solely to remove or remedy petroleum-contaminated soil or hazardous substances on the property.
(e) The person causes personal injury or wrongful death.
History: 1997 a. 237.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 895 - Damages, liability, and miscellaneous provisions regarding actions in courts.
895.01 - What actions survive; actions not to abate.
895.02 - Measure of damages against personal representative.
895.03 - Recovery for death by wrongful act.
895.031 - Recovery from estate of wrongdoer.
895.035 - Parental liability for acts of minor child.
895.037 - Abortions on or for a minor without parental consent or judicial waiver.
895.038 - Partial-birth abortions; liability.
895.04 - Plaintiff in wrongful death action.
895.044 - Damages for maintaining certain claims and counterclaims.
895.045 - Contributory negligence.
895.046 - Remedies against manufacturers, distributors, sellers, and promoters of products.
895.048 - Recovery by auto or motorboat owner limited.
895.05 - Damages in actions for libel.
895.052 - Defamation by radio and television.
895.055 - Gaming contracts void.
895.056 - Recovery of money wagered.
895.057 - Action against judicial officer for loss caused by misconduct.
895.06 - Recovery of divisible personalty.
895.065 - Radioactive waste emergencies.
895.07 - Claims against contractors and suppliers.
895.08 - Sport shooting ranges; actions related to safety.
895.09 - Scrap metal or plastic bulk merchandise container theft; civil liability.
895.10 - Tort actions in residential real estate transactions.
895.14 - Tenders of money and property.
895.33 - Limitation of surety's liability.
895.34 - Renewal of sureties upon becoming insufficient and effects thereof.
895.345 - Justification of individual sureties.
895.346 - Bail, deposit in lieu of bond.
895.35 - Expenses in actions against municipal and other officers.
895.36 - Process against corporation or limited liability company officer.
895.37 - Abrogation of defenses in employee personal injury actions.
895.375 - Abrogation of defense that contract was champertous.
895.42 - Deposit of undistributed money and property by personal representatives and others.
895.43 - Intentional killing by beneficiary of contract.
895.435 - Intentional killing by beneficiary of certain death benefits.
895.441 - Sexual exploitation by a therapist; action for.
895.442 - Sexual exploitation by a member of the clergy; action for.
895.444 - Injury caused by criminal gang activity; action for.
895.445 - Damage to certain machines; action for.
895.446 - Property damage or loss caused by crime; action for.
895.447 - Certain agreements to limit or eliminate tort liability void.
895.448 - Safety devices on farm equipment, ordinary negligence.
895.449 - Action for loss caused by failure to pay for gasoline or diesel fuel.
895.45 - Service representatives for adult abusive conduct complainants.
895.453 - Payments of chiropractic services from attorney contingency fees.
895.455 - Limits on recovery by prisoners.
895.457 - Limiting felon's right to damages.
895.46 - State and political subdivisions thereof to pay judgments taken against officers.
895.472 - Indemnification of a financial institution.
895.475 - Exemption from civil liability for furnishing safety inspection or advisory services.
895.476 - Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19.
895.478 - Civil liability exemption; opioid antagonists.
895.48 - Civil liability exemption; emergency medical care.
895.4801 - Immunity for health care providers during COVID-19 emergency.
895.4802 - Civil liability exemption; hazardous materials.
895.4803 - Civil liability exemption; information concerning paternity.
895.481 - Civil liability exemption; equine activities.
895.482 - Civil liability exemption; ski patrol members.
895.484 - Civil liability exemption; entering a vehicle to render assistance.
895.485 - Civil liability exemption; out-of-home care providers and child-placing agencies.
895.486 - Civil immunity exemption; reports of insurance fraud.
895.487 - Civil liability exemption; employment references.
895.488 - Civil liability exemption; owner or person in lawful possession of the premises.
895.489 - Civil liability exemption; tenancy references.
895.492 - Civil liability exemption; certificate of qualification for employment.
895.501 - Civil liability exemption; credit card reencoders and scanning devices.
895.506 - Civil liability exemption; weight gain and obesity claims.
895.508 - Liability exemption; provision of previously owned eyeglasses.
895.512 - Civil liability exemption; access to toilet facility.
895.514 - Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.515 - Civil liability exemption; equipment or technology donation.
895.517 - Civil liability exemption: solid waste donation or sale.
895.519 - Civil liability exemption; private campgrounds.
895.52 - Recreational activities; limitation of property owners' liability.
895.526 - Participation in an alpine sport; restrictions on civil liability, assumption of risk.
895.5265 - Civil liability exemption; placement of certain structures in waterways.
895.527 - Sport shooting range activities; limitations on liability and restrictions on operation.
895.528 - Civil liability exemption; placement of markers in waterways.
895.529 - Civil liability limitation; duty of care owed to trespassers.
895.53 - Civil and criminal liability exemption; tests for intoxication.
895.535 - Civil and criminal liability exemption; body cavity search.
895.537 - Liability exemption; sexual assault evidence collection.
895.54 - Liability exemption; notification of release.
895.55 - Liability exemption; oil discharge control.
895.555 - Civil liability exemption; anhydrous ammonia.
895.57 - Damages and immunity; unauthorized release of animals.
895.58 - Liability exemption; use of special waste under public works contracts.
895.61 - Asbestos successor corporation; limitation on liability.
895.66 - Mandatory disclosures.
895.67 - Approval of transfers of structured settlement payment rights.
895.68 - Effects of transfer of structured settlement payment rights.