SPS 305.80(4)(a)(a) An entity that performs or provides professional level engineering, geological, hydrological, or soil science services related to a claim submitted for reimbursement under the PECFA program,
ch. SPS 347, as a registered PECFA consulting firm shall do all of the following:
SPS 305.80(4)(a)1.
1. Ensure that only Wisconsin-registered professional engineers, professional geologists, professional hydrologists, or professional soil scientists perform professional-level engineering, geological, hydrological, or soil science services related to the PECFA program, unless those services are under the supervision of those professionals.
SPS 305.80(4)(a)2.
2. Ensure that only PECFA consultants who are so registered under this chapter perform the services referenced in
s. SPS 305.81.
SPS 305.80(4)(a)3.
3. Hold errors and omissions professional liability coverage, including pollution impairment liability, of no less than $1,000,000 per claim, $1,000,000 annual aggregate and with a deductible of no more than $100,000 per claim, except as provided in
par. (b).
SPS 305.80(4)(b)
(b) A consulting firm may request the department's approval of an alternate mechanism for meeting the requirement of the maximum deductible in
par. (a) 3. The department shall review the request and determine whether it meets the requirement of the rule.
SPS 305.80(4)(c)
(c) The insurance coverage required under this subsection shall be obtained from a firm that has an A.M. Best rating of at least "A-."
SPS 305.80(5)(a)(a) An entity may renew their registration as a PECFA consulting firm.
SPS 305.80(5)(c)
(c) The renewal of a registration as a PECFA consulting firm shall be contingent upon all of the following:
SPS 305.80(5)(c)2.
2. Being registered by the department to engage in the practice of professional engineering, geology, hydrology, or soil science.
SPS 305.80 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a) and (2) (b),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 04-058: cr. (1) (b) 5., (2) (c) and (d), (4) (a) 2., (b), (c), and (5) (c), r. (5) (b), renum. and am. (4) (intro.), (a) and (b) and (5) (a) 1. and 2. to be (4) (a) (intro.), 1. and 3. and (5) (a) and (b)
Register February 2006 No. 602, eff. 5-1-06;
CR 06-127: cr. (2) (e) and (5) (c) 3.,
Register September 2007 No. 621, eff. 10-1-07; correction in (1) (a), (b) 5., (2) (a), (b), (d) (4) (a) (intro.), 2., (5) (b), (c) 2. made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 305.81(1)(a)(a) A person who performs or provides professional level investigation, interpretation, design or technical project management services related to a claim submitted for reimbursement under the PECFA program,
ch. SPS 347, shall hold a registration issued by the department as a registered PECFA consultant.
SPS 305.81 Note
Note:
See chs.
443 and
470, Stats., for additional requirements relating to the practice of professional engineering; and the practices of professional geology, professional hydrology, and professional soil science, respectively.
SPS 305.81(1)(b)3.
3. Interpretation of data for passive or active bio-remediation systems.
SPS 305.81(2)
(2) Application for registration. A person applying for a PECFA consultant registration shall submit all of the following:
SPS 305.81(2)(c)
(c) Proof of being registered by the department as a professional engineer, professional geologist, professional hydrologist, or professional soil scientist, or proof of being supervised by a person who is so registered.
SPS 305.81(3)
(3) Responsibilities. A person who performs or provides professional level investigation, interpretation, design or technical project management services related to a claim submitted for reimbursement under the PECFA program,
ch. SPS 347, as a registered PECFA consultant shall either hold or be covered by errors and omissions professional liability coverage, including pollution impairment liability, of no less than $1,000,000 per claim, $1,000,000 annual aggregate and with a deductible of no more than $100,000 per claim.
SPS 305.81(4)(a)(a) A person may renew his or her registration as a PECFA consultant.
SPS 305.81(4)(c)
(c) The renewal of a registration as a PECFA consultant shall be contingent upon both of the following:
SPS 305.81(4)(c)1.
1. Being registered by the department as a professional engineer, professional geologist, professional hydrologist, or professional soil scientist, or proof of being supervised by a person who is so registered.
SPS 305.81 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a) and (2) (b),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 04-058: cr. (2) (c) and (4) (c), r. (4) (b), renum. (4) (a) 1. and 2. to be (4) (a) and (b)
Register February 2006 No. 602, eff. 5-1-06;
CR 06-127: cr. (2) (d), r. and recr. (4) (c),
Register September 2007 No. 621, eff. 10-1-07; correction in (1) (a), (2) (a), (b), (c), (3), (4) (b), (c) 1. made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 305.82(1)
(1)
General. A corporation, partnership, sole proprietor, independent contractor, or person that provides or offers to provide installation, removal, testing, lining, cleaning or assessments for a tank system which is regulated under
ch. SPS 310 shall hold both of the following:
SPS 305.82(1)(a)
(a) A registration issued by the department as a registered tank specialty firm.
SPS 305.82(1)(b)
(b) Contractor liability coverage, including pollution impairment liability, of no less than $1,000,000 per claim and $1,000,000 annual aggregate and with a deductible of no more than $100,000 per claim.
SPS 305.82(2)
(2) Application for registration. An entity applying for a tank specialty firm registration shall submit all of the following:
SPS 305.82(3)
(3) Qualifications for registration. The person applying for a tank specialty firm registration shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the corporation.
SPS 305.82(4)
(4) Responsibilities. An entity that provides storage tank system installation, removal, testing, lining, cleaning or site assessments as a registered tank specialty firm shall utilize the appropriate credentialed persons to install, remove, test, line, or clean storage tanks; to design or install a cathodic protection system for a tank system; or to provide tank-system site assessments.
SPS 305.82(5)(a)(a) A person may renew his or her registration as a tank specialty firm.
SPS 305.82(5)(c)
(c) An application for a renewal under this section shall include proof of the liability coverage specified in
sub. (1) (b).
SPS 305.82 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (5) (a) 2.,
Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a) and (2) (b),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 06-127: r. and recr. (1), cr. (2) (c) and (5) (c), am. (4), renum. (5) (a) 1. and 2. to be (5) (a) and (b), r. (5) (b),
Register September 2007 No. 621, eff. 10-1-07;
CR 11-020: am. (1) (intro.), (a), (2) (intro.), (3), (4), (5) (a), (b),
Register December 2011 No. 672, eff. 1-1-12; correction in (1) (intro.), (2) (a), (b), (5) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.83(1)(a)(a) No person may conduct a tank-system site assessment required under
ch. SPS 310 unless the person holds a certification issued by the department as a certified tank-system site assessor.
SPS 305.83(1)(b)
(b) Each tank-system site assessment shall be performed by a person who has no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.
SPS 305.83(2)
(2) Application for examination. A person applying to take a tank-system site assessor certification examination shall submit all of the following:
SPS 305.83(3)
(3) Examination. A person seeking to obtain a tank-system site assessor certification shall take and pass an examination in accordance with
s. SPS 305.09.
SPS 305.83(4)
(4) Application for certification. Upon notification of successfully passing the examination for a tank-system site assessor certification, a person may obtain the certification by submitting an application and the certification fee in accordance with
ss. SPS 305.01 and
305.09 (7) (c).
SPS 305.83(5)(a)(a) A person may renew his or her certification as a tank-system site assessor.
SPS 305.83 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (1) and (4),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 06-127: am. (title), (1), (2) (intro.), (3), and (4), renum. (5) (a) 1. and 2. to be (5) (a) and (b) and am., r. (5) (b),
Register September 2007 No. 621, eff. 10-1-07; correction in (1) (a), (2) (a), (b), (3), (4), (5) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.84
SPS 305.84
Aboveground tank system installers. SPS 305.84(1)(1)
General. Except as provided in
sub. (7), no person may install an aboveground tank system that is regulated under
ch. SPS 310 unless the person complies with one of the following:
SPS 305.84(1)(a)
(a) The person holds a certification issued by the department as a certified aboveground tank system installer.
SPS 305.84(1)(b)
(b) The person holds a registration as a professional engineer and is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible or hazardous liquids.
SPS 305.84(1)(c)
(c) The person is under the direct supervision of another person who holds a certification or registration under
par. (a) or
(b) and who is responsible for the installation.
SPS 305.84(2)
(2) Application for examination. A person applying to take an aboveground tank system installer certification examination shall submit all of the following:
SPS 305.84(3)
(3) Examination. A person seeking to obtain an aboveground tank system installer certification shall take and pass an examination in accordance with
s. SPS 305.09.
SPS 305.84(4)
(4) Application for certification. Upon notification of successfully passing the examination for an aboveground tank system installer certification, a person may obtain the certification by submitting an application and the certification fee in accordance with
ss. SPS 305.01 and
305.09 (7) (c).
SPS 305.84(5)
(5) Responsibilities. A person who installs or supervises the installation of tank systems as a certified aboveground tank system installer shall be present at the job site for at least all of the following activities:
SPS 305.84(5)(d)
(d) Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes.
SPS 305.84(6)(a)1.1. A person may renew his or her certification as an aboveground tank system installer.
SPS 305.84(6)(b)1.1. The renewal of a certification as an aboveground tank system installer shall be contingent upon the installer obtaining at least 12 hours of acceptable continuing education within the time period specified in
s. SPS 305.08 and Table 305.06, except as provided in
subd. 2.
SPS 305.84(6)(b)2.
2. A person who holds a certification as an aboveground tank system installer may apply to the department for waiver of the continuing education requirements under
subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.
SPS 305.84(7)
(7) Exclusion. This section does not apply to field-constructed aboveground tanks.
