§ 6.11. Administration of claim for reimbursement due to hazardous substance emergency response.

(1)

In this section:

(a)

Discharge means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.

(b)

Hazardous substance means any substance or combination of substances, including any waste of a solid, semi-solid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the Wisconsin Department of Natural Resources.

(c)

Local agency means an agency of a county, city, village or town, including a municipal police or fire department, a municipal health organization, a county office of emergency management, a county sheriff, an emergency medical service or a public works department.

(2)

A person who possesses or controls a hazardous substance that is discharged or who causes the discharge of a hazardous substance shall take the actions necessary to protect public health and safety and prevent damage to property.

(3)

If an action required under subsection (2) is not being adequately taken or the identity of a person responsible for a discharge of a hazardous substance is unknown and the discharge threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the discharge of hazardous substances established by the Department of Natural Resources under § 292.11(5), Wis. Stats., and that it considers appropriate under the circumstances.

(4)

A person who possessed or controlled a hazardous substance that was discharged or who caused the discharge of a hazardous substance shall, as provided under subsection (5), reimburse a local agency for actual, reasonable and necessary expenses incurred under subsection (3).

(5)

(a)

A local agency seeking reimbursement under subsection (4) shall submit a claim stating its expenses to the Marathon County Director of Emergency Management if the discharge occurred in Marathon County.

(b)

The Marathon County Director of Emergency Management shall review claims submitted under paragraph (a) and determine the amount of reasonable and necessary expenses incurred. The Director shall provide a person who is liable for reimbursement under subsection (4) with a notice of the amount of expenses he or she has determined to be reasonable and necessary that arise from one discharge and are incurred by all local agencies from which the Director of Emergency Management receives a claim.

(c)

If a person receiving a notice under paragraph (b) objects to the amount of expenses in the notice, the person may ask the Local Emergency Planning Committee to review the determination of the Director of Emergency Management. The Local Emergency Planning Committee may modify the determination and shall notify the person of the result of its review.

(d)

A person liable for reimbursement under subsection (4) shall pay the reimbursement directly to each local agency.

(O-21-16)