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.
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(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; corrections in (1) (intro.), (a) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register October 2013 No. 694.
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(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; 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:
