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SPS 305.81(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.81(2)(b) (b) An application fee and a registration fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.81(2)(c) (c) Proof of being registered by the department of safety and professional services 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(2)(d) (d) Proof of the liability coverage specified in sub. (3).
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. NR 747, 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) (4)Renewal.
SPS 305.81(4)(a)(a) A person may renew his or her registration as a PECFA consultant.
SPS 305.81(4)(b) (b) A PECFA consultant registration shall be renewed in accordance with s. SPS 305.07.
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 of safety and professional services 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(4)(c)2. 2. Holding or being covered by the liability coverage specified in sub. (3).
SPS 305.81 Note Note: Authority over ss. SPS 305.80 and 305.81 was transferred to Department of Natural Resources under 2013 Wis. Act 20, s. 9138 (7) (f).
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; corrections in (1) (a), (2) (c), (3), (4) (c) 1. made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694.
SPS 305.82 SPS 305.82 Tank specialty firms.
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. ATCP 93 shall hold both of the following:
SPS 305.82(1)(a) (a) A registration issued by the department of agriculture, trade and consumer protection or the department of safety and professional services 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(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.82(2)(b) (b) An application fee and a registration fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.82(2)(c) (c) Proof of the liability coverage specified in sub. (1) (b).
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) (5)Renewal.
SPS 305.82(5)(a)(a) A person may renew his or her registration as a tank specialty firm.
SPS 305.82(5)(b) (b) A tank specialty firm registration shall be renewed in accordance with s. SPS 305.07.
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; corrections in (1) (intro.), (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694.
SPS 305.82 Note Note: Authority over ss. SPS 305.82 to 305.89 was transferred to Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f).
SPS 305.83 SPS 305.83 Tank-system site assessors.
SPS 305.83(1) (1) General.
SPS 305.83(1)(a)(a) No person may conduct a tank-system site assessment required under ch. ATCP 93 unless the person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services 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(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.83(2)(b) (b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
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) (5)Renewal.
SPS 305.83(5)(a)(a) A person may renew his or her certification as a tank-system site assessor.
SPS 305.83(5)(b) (b) A tank-system site assessor certification shall be renewed in accordance with s. SPS 305.07.
SPS 305.83 Note Note: Authority over ss. SPS 305.82 to 305.89 was transferred to Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f).
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; corrections in (1) (a) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694.
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. ATCP 93 unless the person complies with one of the following:
SPS 305.84(1)(a) (a) The person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services 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(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.84(2)(b) (b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
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)(a) (a) Preinstallation tank system testing.
SPS 305.84(5)(b) (b) Inspection and repair of coatings.
SPS 305.84(5)(c) (c) Placement of tanks.
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(5)(e) (e) Installation of monitoring or leak detection devices.
SPS 305.84(5)(f) (f) Installation of pumps.
SPS 305.84(5)(g) (g) Installation of any underground piping.
SPS 305.84(6) (6)Renewal.
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)(a)2. 2. An aboveground tank system installer certification shall be renewed in accordance with s. SPS 305.07.
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 of agriculture, trade and consumer protection 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 of agriculture, trade and consumer protection.
SPS 305.84(7) (7)Exclusion. This section does not apply to field-constructed aboveground tanks.
SPS 305.84 Note Note: Authority over ss. SPS 305.82 to 305.89 was transferred to Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f).
SPS 305.84 History History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a), (b) and (4), Register, April, 2000, No. 532, eff. 5-1-00; CR 06-127: am. (1) (intro.) and (5) (e) and (f), cr. (5) (g) and (7), Register September 2007 No. 621, eff. 10-1-07; CR 11-020: r. and recr. (1), am. (6) (b) 1., Register December 2011 No. 672, eff. 1-1-12; correction of numbering (5) (a), as renumbered, under s. 13.92 (4) (b) 1., correction in (1) (intro.), (2) (a), (b), (3), (4), (5), (6) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (intro.), (a), (6) (b) 2. made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694.
SPS 305.85 SPS 305.85 Underground tank system installers.
SPS 305.85(1)(1) General. No person may install an underground tank system that is regulated under ch. ATCP 93 unless the person complies with one of the following:
SPS 305.85(1)(a) (a) The person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified underground tank system installer.
SPS 305.85(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 305.85(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 305.85(2) (2)Application for examination. A person applying to take an underground tank system installer certification examination shall submit all of the following:
SPS 305.85(2)(a) (a) An application in accordance with s. SPS 305.01.
SPS 305.85(2)(b) (b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
SPS 305.85(3) (3)Examination. A person seeking to obtain an underground tank system installer certification shall take and pass an examination in accordance with s. SPS 305.09.
SPS 305.85(4) (4)Application for certification. Upon notification of successfully passing the examination for an underground 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 305.85(5) (5)Responsibilities. A person who installs or supervises the installation of tanks as a certified underground tank system installer shall be present at the job site for at least all of the following activities:
SPS 305.85(5)(a) (a) Preinstallation tank system testing.
SPS 305.85(5)(b) (b) Inspection and repair of coatings.
SPS 305.85(5)(c) (c) Placing of bedding material and the setting and bedding of tanks.
SPS 305.85(5)(d) (d) Backfilling operations and compacting of backfill around tanks and piping.
SPS 305.85(5)(e) (e) Installation or activation of department of agriculture, trade and consumer protection-accepted, factory-supplied cathodic protection systems.
SPS 305.85 Note Note: The Department of Agriculture, Trade and Consumer Protection has accepted factory-supplied cathodic protection systems that comply with the sti-P3® specifications from the Steel Tank Institute, and may accept other systems of this type without a rule change.
SPS 305.85(5)(f) (f) Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes.
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