Wisconsin Code § 323.70

Hazardous substance emergency response
Open in Lexace · Ask the AI about this section
(1) In this subchapter:
(a) “Hazardous substance” has the meaning given in s. 299.01
(6).
(b) “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, a local
emergency response team, or a public works department.
(c) “Local emergency response team” means a team that the
committee identifies under s. 323.61 (2m) (e).
(2) The division shall contract with no more than 9 regional
emergency response teams, one of which shall be located in La
Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of
this state designated by the division. The division shall contract
with at least one regional emergency response team in each area
designated under s. 323.13 (2) (a). The division may only contract with a local agency under this subsection. A member of a
regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120
(q) (6) (iv) and National Fire Protection Association standards
NFPA 471 and 472. Regional emergency response teams shall
have at least one member that is trained in each of the appropriate
specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams
under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).
(3) From the appropriations under s. 20.465 (3) (dr) and (jt),
the division shall reimburse a local agency contracted under sub.
(2) for costs incurred by the team in responding to an emergency
involving a level A release, or a potential level A release, if the division determines that an emergency requiring the response existed. Reimbursement under this subsection shall be issued to the
local agency within 60 days after receiving a complete application for reimbursement on a form prescribed by the division if the
agency applies for reimbursement within 45 days after the conclusion of the deployment of the regional emergency response
team.
(3m) From the appropriation under s. 20.465 (3) (jt), the division shall reimburse a local agency under sub. (1) for costs incurred by the local agency for any increase in contributions for
duty disability premiums under s. 40.05 (2) (ax) for employees
who receive duty disability benefits under s. 40.65 because of an
injury incurred while performing duties as a member of a regional emergency response team under sub. (2).
(4) A person shall reimburse the division for costs incurred
by a regional emergency response team in responding to an emergency involving a level A release or a potential level A release if
an emergency requiring the team’s response existed and if any of
the following conditions applies:
(a) The person possessed or controlled a hazardous substance
that was involved in the emergency.
(b) The person caused the emergency.
(5) A member of a regional emergency response team who is
acting under a contract under sub. (2) is considered an employee
of the state for purposes of worker’s compensation benefits.
(6) The division shall notify the joint committee on finance in
writing, before entering into a new contractual agreement under
sub. (2) or renewing or extending a contractual agreement under
sub. (2), of the specific funding commitment involved in that proposed new, renewed or extended contract. The division shall include in that notification information regarding any anticipated
contractual provisions that involve state fiscal commitments for
each fiscal year in the proposed new, renewed or extended contract. The division may enter into a new contractual agreement or
renew or extend a contractual agreement, as proposed in the noti-

fication to the joint committee on finance, if within 14 working
days after notification the committee does not schedule a meeting
to review the division’s proposed action. If, within 14 working
days after notification to the joint committee on finance, the committee notifies the division that the committee has scheduled a
meeting to review the division’s proposed action, the division
may enter into the proposed new contact or renew or extend the
contract as proposed only if the committee approves that action.
(6m) From the appropriation under s. 20.465 (3) (df), the division may award grants to local agencies with which the division
contracts under sub. (2). A grant awarded under this subsection
shall be used to fund the replacement of equipment used in emergency responses to releases of hazardous substances under this
section.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.