1. ‘Suspension.’
a. A person whose certification or registration has been suspended may apply to have the certification or registration reissued only after the time set for suspension by the department or hearing examiner has passed and by complying with the conditions set forth in the suspension order.
b. The request to the department to have a suspended certification or registration reissued shall be made in writing.
c. The department may require a person whose certification or registration has been suspended to apply for the certification or registration by complying with all of the requirements for a new applicant, including paying the application fees and successfully passing an examination.
d. The department may impose conditions on the reissued certification or registration to assure compliance with this chapter.
2. ‘Revocation.’ A person whose certification or registration has been revoked may not apply to ever receive such a certification or registration.
(12)Responsibilities.
(a) A person who holds a certification under this chapter shall carry on person the certification issued by the department while performing or conducting the activity or activities permitted under the certification.
(b) A person who holds a certification under this chapter shall present the certification for identification upon request of the department or its representative.
(c) The requirements of this subsection apply to certifications or registrations issued to an individual and not to a business.
(13)Tank system inspectors.
(a) General. No person may conduct a regulatory inspection of a tank system that is regulated under this chapter, to administer and enforce this chapter, unless the person holds a certification issued by the department as a certified tank system inspector.
(b) Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:
1. An application in accordance with this section.
2. An application fee and examination fee in accordance with Table 93.240.
(c) Qualifications for examination. A person applying to take a tank system inspector certification examination shall have completed an approved educational course and training program that included at least 3 days of field exercises within the 2 years immediately preceding the application.
(d) Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with sub. (9).
(e) Application for certification. Upon notification of successfully passing the examination for a tank system inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (9) (g) 3.
(f) Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:
1. Perform regulatory enforcement of related code requirements in this chapter.
2. Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.
Note: Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority.
3. Pursue failure to comply with correction orders through local or department enforcement referral procedures.
4. Maintain a record of the inspections made including the dates and the findings of the inspections.
5. Provide a copy of the inspection report to the owner of the tank system or the owner’s agent.
6. Make available to the department tank system inspection records upon request.
Note: Section 19.32 (2), Stats., considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.
(g) Renewal.
a. A person may renew a certification as a tank system inspector.
b. A tank system inspector certification shall be renewed in accordance with sub. (7).
a. The renewal of a certification as a certified tank system inspector shall be contingent upon the inspector obtaining at least 12 hours of acceptable continuing education prior to the 2-year expiration date of the certification, except as provided in subd. 2. b.
b. A person who holds a certification as a certified tank system inspector may apply to the department for waiver of the continuing education requirements under subd. 2. a. 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.
(14)Tank specialty firms.
(a) 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 this chapter shall hold both of the following:
1. A registration issued by the department as a registered tank specialty firm.
2. Insurance 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.
(b) Application for registration. An entity applying for a tank specialty firm registration shall submit all of the following:
1. An application in accordance with sub. (2).
2. An application fee and a registration fee in accordance with Table 93.240.
3. Proof of the liability coverage specified in par. (a) 2.
4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.
(c) 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.
(d) 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.
(e) Renewal.
1. A person may renew a registration as a tank specialty firm.
2. A tank specialty firm registration shall be renewed in accordance with sub. (7).
3. An application for a renewal under this paragraph shall include proof of the liability coverage specified in par. (a) 2.
4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.
(15)Tank system site assessors.
(a) General.
1. No person may conduct a tank-system site assessment required under this chapter unless the person holds a certification issued by the department as a certified tank-system site assessor.
2. 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.
(b) Application for examination. A person applying to take a tank-system site assessor certification examination shall submit all of the following:
1. An application in accordance with sub. (2).
2. An application fee and examination fee in accordance with Table 93.240.
(c) Examination. A person seeking to obtain a tank-system site assessor certification shall take and pass an examination in accordance with sub. (9).
(d) 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 subs. (2) and (9) (g) 3.
(e) Renewal.
1. A person may renew a certification as a tank-system site assessor.
2. A tank-system site assessor certification shall be renewed in accordance with sub. (7).
(16)Aboveground tank system installers.
(a) General. Except as provided in par. (g), no person may install an aboveground tank system that is regulated under this chapter unless the person complies with one of the following:
1. The person holds a certification issued by the department as a certified aboveground tank system installer.
2. The person holds a Wisconsin 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.
3. The person is under the direct supervision of another person who holds a certification or registration under subd. 1. or 2. and who is responsible for the installation.
(b) Application for examination. A person applying to take an aboveground tank system installer certification examination shall submit all of the following:
1. An application in accordance with sub. (2)
2. An application fee and examination fee in accordance with Table 93.240.
(c) Examination. A person seeking to obtain an aboveground tank system installer certification shall take and pass an examination in accordance with sub. (9).
(d) 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 sub. (2).
(e) 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:
1. Preinstallation tank system testing.
2. Inspection and repair of coatings.
3. Placement of tanks.
4. Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes.
5. Installation of monitoring or leak detection devices.
6. Installation of pumps.
7. Installation of any underground piping.
(f) Renewal.
a. A person may renew a certification as an aboveground tank system installer.
b. An aboveground tank system installer certification shall be renewed in accordance with sub. (7).
a. 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 prior to the expiration date of the certification as specified in sub. (8) and Table 93.240, except as provided in subd. 2. b.
b. 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. 2. a. 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.
(g) Exclusion. This subsection does not apply to field-constructed aboveground tanks.
(17)Underground tank system installers.
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.