(1) In this section: (a) “Backfill” does not include landscaping or replacing sidewalk, asphalt, fence, or sod or other vegetation. (b) “Underground petroleum product storage tank system” has the meaning given in s. 292.63 (1) (i). (2) The department may contract with a person registered or certified under s. 168.23 to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply: (a) The department determines that the underground petroleum product storage tank system is abandoned. (b) Using the method that the department uses to determine inability to pay under s. 292.63 (4) (ee) , the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation. (3) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.
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