SPS 310.145 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (2), (3) (a), (b), (6) (b) 2., (c) 2., 3. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.150(1)
(1) An individual or company taking ownership of property with a storage tank registered under
s. SPS 310.140 shall notify the department of the change of ownership within 15 business days of completing the real-estate transaction.
SPS 310.150(2)
(2) The ownership-change notification shall be on form ERS-7437, ERS-8731 or ERS-10861 E, as provided by the department, and shall include all of the following:
SPS 310.150(2)(a)
(a) The name and address of the new owner and of a local contact person.
SPS 310.150(2)(b)
(b) The date the documents evidencing the property transfer are executed.
SPS 310.150(2)(d)
(d) The address of all locations included in the real-estate transaction that have tanks which are subject to the registration requirements in
s. SPS 310.140.
SPS 310.150 Note
Note: Form ERS-7437 — Underground Storage Tank Registration, form ERS-8731– Aboveground Storage Tank Registration, and form ERS-10861 E — Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Division of Environmental and Regulatory Services at P.O. Box 7837, Madison, WI, 53707-7837, or at telephone (608) 266-7874. Forms ERS-7437 and 8731 are also available from the Division's Web site at
http://dsps.wi.gov/er/ER-BST-FM-SPS310Forms.html.
SPS 310.150(3)
(3) A permit application, form ERS-7658, if received under
s. SPS 310.145 (6) (b) 2., shall be completed and submitted to the department within 15 business days of its receipt; and shall include all of the following:
SPS 310.150(5)
(5) The authorized agent or the department shall inspect the tank system and dispensing system before the new owner puts the tank system into service.
SPS 310.150 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (3) made under s.
13.92 (4) (b) 1., Stats.,
Register November 2008 No. 635;
CR 09-017: cr. (2) (e)
Register July 2009 No. 643, eff. 8-1-09; correction in (1), (2) (d), (3) (intro.), (b), (c), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.160(2)
(2) Fees shall be submitted at the time of application.
SPS 310.160(3)
(3) No examinations, approvals, variances, permits or inspections may be given until all fees are received.
SPS 310.160 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.170
SPS 310.170
Petition for variance and petition for rule change. SPS 310.170(1)(1)
Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with
ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
SPS 310.170 Note
Note: Chapter
SPS 303 requires submittal of a petition for variance form (ERS-9890-A) and a fee, and that an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. Chapter
SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days. A position statement from the fire department is applicable when the rule being petitioned relates to fire safety issues.
SPS 310.170(2)
(2) Petition for rule change. As specified in s.
227.12, Stats., any municipality; any association which is representative of a farm, labor, business or professional group; or any 5 or more persons having an interest in a rule may petition the department requesting the adoption, amendment or repeal of the rule.
SPS 310.170 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.180
SPS 310.180
Penalties. Penalties for violations of this chapter shall be assessed in accordance with s.
101.09 (5), Stats., and shall apply separately to each tank that is in violation of this chapter.
SPS 310.180 Note
Note: Section
101.09 (5) of the Statutes states "Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense."
SPS 310.180 Note
Note: Section
40 CFR 281.41 allows the US EPA to assess fines of $5,000 or more for each tank for each day of violation.
SPS 310.180 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09.
SPS 310.190
SPS 310.190
Appeals and hearings on enforcement decisions. SPS 310.190(1)(a)(a)
General. The owner or operator of a tank system may request a hearing with the department, as specified in s.
101.02 (6) (e) or
101.02 (7) (b), Stats., on any decision affecting that person's legal rights, including enforcement orders and any petition-for-variance, material-approval or permit decision issued under the scope of this chapter.
SPS 310.190(1)(b)1.1. All appeals of enforcement orders issued under this chapter shall be in writing and shall be received by the department no later than 15 calendar days after the date of the enforcement order or decision being appealed, except as provided in
subd. 2.
SPS 310.190(1)(b)2.
2. All appeals of petitions for variance or material-approval or permit decisions
issued under this chapter shall be in writing and shall be received by the department no later than 30 calendar days after the date of the decision being appealed.
SPS 310.190(1)(b)3.
3. The department may make a determination not to proceed with a request for a hearing depending on the nature of the issue being appealed.
SPS 310.190(1)(b)5.
5. For purposes of this section, appeals filed after 4:30 p.m. shall be considered received on the next business day.
SPS 310.190 Note
Note: The appellant or an attorney representing the appellant may request an administrative hearing to review this action by delivering, mailing, or faxing a written request for a hearing to one of the following:
SPS 310.190 Note
In-person delivery address:
SPS 310.190 Note
Department of Safety and Professional Services
1400 East Washington Ave.
Madison, Wisconsin 53703
SPS 310.190 Note
Mailing address:
SPS 310.190 Note
Department of Safety and Professional Services Hearing Office
P.O. Box 7838
Madison WI 53707-7838
Fax number: (608) 264-8795
SPS 310.190(1)(b)6.
6. An appeal shall be signed by the person whose legal rights are affected by the decision being appealed or an attorney representing such person. Any appeal filed by a person other than the person whose legal rights are affected by the decision being appealed or an attorney representing that affected person shall be dismissed.
SPS 310.190(1)(b)7.
7. The written appeal shall list every reason the department's or authorized agent's decision is incorrect and shall identify every issue to be considered at the hearing. Issues not raised in the written appeal under this paragraph are considered waived and shall be dismissed.
SPS 310.190(1)(c)
(c)
Response. Upon receipt of notification of hearing from the department, the affected party shall submit to the department a written response within 15 calendar days of the date of service. Failure to respond within the prescribed time limit, or failure to appear at the scheduled hearing, may result in the allegations specified in the complaint being accepted as true and accurate.
SPS 310.190(1)(d)1.1. If the department and the affected party are able to reach preliminary agreement on disposition of a complaint prior to a hearing, such agreement shall be processed in accordance with all of the following:
SPS 310.190(1)(d)1.a.
a. Be transmitted in writing to the secretary of the department or the person so designated by the secretary.
SPS 310.190(1)(d)1.b.
b. Not be binding upon any party until accepted by the secretary of the department or the person so designated by the secretary.
SPS 310.190(1)(d)2.
2. The settlement agreement shall be considered a joint motion by the parties to dismiss the appeal in its entirety with prejudice or to dismiss such portions of the appeal with prejudice as may be covered by the terms of the settlement agreement.
SPS 310.190(1)(e)
(e)
Witness fees. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.
SPS 310.190(2)(a)(a) All hearings shall be conducted by persons selected by the department in accordance with
ch. 227, Stats.
SPS 310.190(2)(b)
(b) Persons selected under
par. (a) may administer oaths or affirmations and may grant continuances and adjournments for cause shown.
SPS 310.190(2)(c)
(c) The affected party shall appear in person and may be represented by legal counsel.
SPS 310.190(2)(d)
(d) Witnesses may be examined by persons designated by the department.
SPS 310.190(3)(a)(a) The department may make determinations and enter its order on the basis of the facts revealed by its investigation.
SPS 310.190(3)(b)
(b) Any determinations as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary of the department.
SPS 310.190(4)
(4) Appeal arguments. Appeal arguments shall be submitted to the department in writing unless otherwise ordered.
SPS 310.190(5)(a)(a) All hearings shall be held at a location determined by the department.
SPS 310.190(5)(b)
(b) Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.
SPS 310.190(6)(c)1.1. A transcript of the recorded hearing shall be prepared upon request at the expense of the party requesting the transcript.
SPS 310.190(6)(c)2.
2. Copies of transcripts prepared under this subsection shall be provided to the other party or parties upon payment of the actual cost of copying or obtaining a copy of the transcript.
SPS 310.190(6)(c)4.
4. A transcript may be provided at the department's expense to a party who demonstrates impecuniousness or financial need if that party has filed a petition for judicial review.
SPS 310.190(6)(c)5.
5. Where the department contracts with a court reporting firm for the preparation of transcripts, the fees charged for transcription and copying shall be equal to the fees charged to the department by the court reporting firm.
SPS 310.190(7)
(7) Enforcement action status. Enforcement action shall proceed until such time as an administrative law judge has issued under this subsection a decision overturning or modifying the order.
SPS 310.190 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09.
SPS 310.200(1)
(1)
Incorporation by reference. The standards listed in Tables 310.200-1 to 310.200-11 are hereby incorporated by reference into this chapter.
SPS 310.200 Note
Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased through the respective organizations listed in Tables 310.200-1 to 310.200-11.
SPS 310.200(2)
(2) Alternate standards. Alternate standards that are equivalent to or more stringent than the standards incorporated by reference in this chapter may be used in lieu of incorporated standards if the alternate standard is approved by the department, or if written approval is issued by the department in accordance with
s. SPS 310.130, under all of the following conditions:
SPS 310.200(2)(a)
(a) Determination of approval shall be based on an analysis of the alternate standard and the incorporated standard, prepared by a qualified independent third party or the organization that published the incorporated standard.
SPS 310.200(2)(b)
(b) The department may include specific conditions in issuing an approval, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this chapter.
SPS 310.200(2)(c)
(c) If the department determines that the alternate standard is not equivalent to or more stringent than the standards incorporated by reference, the request for approval shall be denied in writing.
SPS 310.200(2)(d)
(d) The department may revoke an approval for any false statements or misrepresentations of facts on which the approval was based. The department may re-examine an approved alternate standard or issue a revised approval at any time.
