SPS 305.71 History
History:
Cr.
Register, October, 1996, No. 490, eff. 11-1-96; am. (5),
Register, April, 2000, No. 532, eff. 5-1-00;
CR 03-075: renum. (6) to be (7), cr. (6)
Register June 2004 No. 582, eff. 8-1-04; correction in (2) (a), (b), (4), (5), (6), (7) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 305.73(1)(a)(a) Pursuant to s.
101.16 (3g), Stats., as of August 1, 2009, no person may engage in the business of filling containers with liquefied petroleum gas that is intended to be used directly from the containers as fuel, unless the person holds a license issued by the department as a licensed liquefied gas supplier or liquefied gas supplier — restricted, except as provided under either of the following conditions:
SPS 305.73(1)(a)1.
1. The business is engaged in only filling containers that have a water capacity of less than 4 pounds.
SPS 305.73(1)(a)2.
2. The filling of the containers with liquefied petroleum gas is for the person's or the entity's own use.
SPS 305.73(1)(b)
(b) A person who holds a license as a licensed liquefied gas supplier — restricted shall be limited to filling only department of transportation cylinders with liquefied petroleum gas.
SPS 305.73 Note
Note: Under s.
101.16 (1) (c), Stats., a “department of transportation cylinder" means a container that holds liquefied petroleum gas and that meets the specifications established by the federal department of transportation.
SPS 305.73(2)
(2) Application for license. A person applying for a liquefied gas supplier or a liquefied gas supplier — restricted license shall submit all of the following:
SPS 305.73(3)(a)
(a) A person applying for either a liquefied gas supplier or a liquefied gas supplier — restricted license shall, as required under s.
101.16 (3r) (c), Stats., obtain commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.
SPS 305.73(3)(b)
(b) The person applying for either a liquefied gas supplier or a liquefied gas supplier — restricted license shall be the owner of the contracting business, a partner in the contracting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the contracting corporation.
SPS 305.73(4)(a)
(a) A person who holds either a liquefied gas supplier or liquefied gas supplier — restricted license shall maintain commercial general liability insurance in accordance with s.
101.16 (3r) (a) or
(b), Stats.
SPS 305.73 Note
Note: Except as provided in s.
101.16 (3r) (b), Stats., s.
101.16 (3r) (a), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier — restricted to maintain commercial general liability insurance in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
SPS 305.73 NoteSection
101.16 (3r) (b), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier — restricted who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems to maintain commercial general liability insurance in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.
SPS 305.73(4)(b)
(b) Pursuant to s.
101.16 (3r) (g), Stats., a person who holds either a liquefied gas supplier or liquefied gas supplier — restricted license shall notify the department at least 60 days before cancelling or failing to renew commercial general liability insurance.
SPS 305.73 Note
Note: Section
101.16 (3r) (f), Stats., requires a 3rd party that issues commercial general liability insurance to a licensed liquefied gas supplier or liquefied gas supplier — restricted to provide written notice to the licensee and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the insurance.
SPS 305.73(4)(c)
(c) Pursuant to s.
101.16 (4) (c), Stats., a person who holds either a liquefied gas supplier or a liquefied gas supplier — restricted license and fills a container that is part of a propane gas system shall provide written information notices to customers in accordance with s.
101.16 (4) (c), Stats.
SPS 305.73 Note
Note: Section
101.16 (4) (c), Stats., requires a licensed liquefied gas supplier or liquefied gas supplier — restricted filling a container that is part of a propane gas system to provide written notice to the customer of the customer's duty to timely notify the licensee of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the licensee. The notice is required to be provided to the customer before the first delivery of propane gas to the customer and subsequently on an annual basis. The notice is required to include all of the following information concerning the customer's duty to notify:
SPS 305.73 Note
1. The name, address, and telephone number of the licensee.
SPS 305.73 Note
2. The purpose of giving the notification to the licensee.
SPS 305.73 Note
3. A description of the type of propane gas system that is subject to the notification requirement.
SPS 305.73 Note
4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane system.
SPS 305.73 Note
5. A copy of the provisions under s.
101.16 (4) (b), Stats.
SPS 305.73 Note
Note: Section
101.16 (4) (a), Stats., The person performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department showing the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.
SPS 305.73(5)(a)
(a) A person may renew his or her liquefied gas supplier or liquefied gas supplier — restricted license.
SPS 305.73(5)(b)
(b) A liquefied gas supplier or a liquefied gas supplier — restricted license shall be renewed in accordance with s.
SPS 305.07.
SPS 305.73 History
History:
CR 08-092: cr.
Register May 2009 No. 641, eff. 6-1-09; correction in (2) (a), (b), (5) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 16-092: am. (3) (a), (4) (a), (b)
Register August 2017 No. 740, eff. 9-1-17; correction in (1) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2018 No. 750.
SPS 305.80(1)(a)(a) A corporation, partnership, sole proprietor or independent contractor that performs or provides professional level engineering or hydrogeological services related to a claim submitted for reimbursement under the PECFA program, ch.
NR 747, shall hold a registration issued by the department of natural resources or department of safety and professional services as a registered PECFA consulting firm.
SPS 305.80 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 305.80(2)
(2) Application for registration. An entity applying for a PECFA consulting firm registration shall submit all of the following:
SPS 305.80(2)(c)
(c) Proof of employing at least one Wisconsin-registered PECFA consultant.
SPS 305.80(2)(d)
(d) Proof of being registered by the department of safety and professional services to engage in the practice of professional engineering, geology, hydrology, or soil science.
SPS 305.80(3)
(3) Qualifications for registration. The person applying for a PECFA consulting firm registration shall be the owner of the consulting business, a partner in the consulting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the consulting corporation.
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.
NR 747, 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 of natural resources' approval of an alternate mechanism for meeting the requirement of the maximum deductible in par.
(a) 3. The department of natural resources 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 of safety and professional services 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; corrections in (1) (a), (b) 5., (2) (d), (4) (a) (intro.), (b), (5) (c) 2. made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register October 2013 No. 694.
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.
NR 747, shall hold a registration issued by the department of natural resources or department of safety and professional services 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 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(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)(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 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 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.
