SB 46

This bill exempts a property owner that is not a corporate entity from

responsibility relating to the discharge of a hazardous substance on or originating

from the owner's property if all of the following apply: 1) the owner acquired the

property prior to September 1, 1992; 2) the owner demonstrates that the discharge

was caused by another person without the owner's knowledge; and 3) the property

was not listed in the database of contaminated properties maintained by the

Department of Natural Resources when the owner acquired the property.

The bill also exempts a county that takes a tax deed on property contaminated

by a hazardous substance, or any person who subsequently acquires the property

from the county and meets certain requirements, from responsibility relating to the

discharge of the hazardous substance.

Under current law, a person who possesses or controls a hazardous substance

that is discharged or who causes the discharge of a hazardous substance is required

to take the actions necessary to restore the environment and minimize the harmful

effects from the discharge. In

State v. Mauthe

, 123 Wis. 2d 288, 366 N.W.2d 871, the

Wisconsin Supreme Court held that the owner of property containing contaminated

soil from which a hazardous substance was being discharged was in possession and

control of the soil and the hazardous substance, and was therefore liable for required

remedial action.