254.178(2)
(2) The department shall promulgate rules establishing requirements, except as provided in
s. 250.041, for accreditation of lead training courses and approval of lead instructors. These rules:
254.178(2)(a)
(a) Except as provided in
s. 250.041, shall include requirements and procedures for granting, renewing, revoking and suspending under this section lead training course accreditations and lead instructor approvals.
254.178(2)(b)
(b) Shall meet, but not exceed, any requirements under regulations promulgated by the administrator of the federal environmental protection agency under section 402 of the federal toxic substances control act, as created under section 1021 of
P.L. 102-550.
254.178(2)(c)
(c) May provide for full or contingent accreditation or approval.
254.178(2)(d)
(d) Shall specify fees for accrediting lead training courses and approving lead instructors.
254.178(3)
(3) The department shall maintain lists of all lead training courses accredited, and all lead instructors approved, under this section and shall make the lists available to the public. The department may charge a fee for lists provided under this subsection to cover the department's costs in providing the lists.
254.178(4)
(4) After notice and opportunity for hearing, the department may revoke, suspend, deny or refuse to renew under this section any accreditation or approval issued under this section in accordance with the procedures set forth in
ch. 227.
254.178 History
History: 1993 a. 450;
1997 a. 191.
254.19
254.19
Asbestos testing fees. Notwithstanding
s. 36.25 (11) (f), the state laboratory of hygiene board shall impose a fee sufficient to pay for any asbestos testing services which it provides.
254.19 History
History: 1987 a. 396;
1993 a. 27 s.
317; Stats. 1993 s. 254.19.
254.20
254.20
Asbestos abatement certification. 254.20(2)(a)(a) No person serving on the governing body of a school, employed by a school or acting under a contract with a school may perform any asbestos abatement activity or asbestos management activity unless he or she has a valid certification card issued to him or her under
sub. (3).
254.20(2)(b)
(b) No public employe may perform any asbestos abatement activity unless he or she has a valid certification card issued to him or her under
sub. (3).
254.20(2)(c)
(c) No public employe may supervise the performance of any asbestos abatement activity unless he or she has a valid supervisor's certification card issued to him or her under
sub. (3).
254.20(2)(d)
(d) Except as provided in
s. 250.041 and subject to
s. 254.115, the department may establish by rule certification requirements for any person not certified under
pars. (a) to
(c) who performs any asbestos abatement activity or asbestos management activity or who supervises the performance of any asbestos abatement activity or asbestos management activity.
254.20(3)(a)(a) Except as provided in
s. 250.041, the department may establish by rule eligibility requirements for persons applying for a certification card required under
sub. (2). Any training required by the department under this paragraph may be approved by the department or provided by the department under
sub. (8).
254.20(3)(b)
(b) Except as provided in
s. 250.041, the department shall establish the procedure for issuing certification cards under this subsection. In establishing that procedure, the department shall prescribe an application form and establish an examination procedure and may require applicants to provide photographic identification.
254.20(4)
(4) Renewal. A certification card issued under
sub. (3) is valid for one year. Except as provided in
s. 250.041 and subject to
s. 254.115, the department may establish requirements for renewing such a card, including but not limited to additional training.
254.20(5)(a)(a) Except as provided under
par. (b), the department shall charge the following fees for certification cards issued under
sub. (3) or renewed under
sub. (4):
254.20(5)(a)1.
1. For a certification card issued or renewed for the performance of any asbestos abatement activity, as required under
sub. (2) (a),
(b) or
(d), $50.
254.20(5)(a)2.
2. For a certification card issued or renewed for performance of an inspection for asbestos-containing material or the design of an asbestos response action, as required under
sub. (2) (a) or
(d), $150.
254.20(5)(a)3.
3. For a certification card issued or renewed for supervising the performance of any asbestos abatement activity, as required under
sub. (2) (c), $100.
254.20(5)(a)4.
4. For a certification card issued or renewed for performance of the development of an asbestos management plan, as required under
sub. (2) (a) or
(d), $100.
254.20(5)(b)
(b) The department may change by rule the fee amounts specified under
par. (a). The fees received under this subsection shall be credited to the appropriation under
s. 20.435 (1) (gm).
254.20(6)
(6) Suspension or revocation. The department may, under this section, suspend or revoke a certification card issued under
sub. (3) if it determines that the holder of the card is not qualified to be certified.
254.20(7)
(7) Appeals. Any suspension, revocation or nonrenewal of a certification card required under
sub. (2) or any denial of an application for such a certification card is subject to judicial review under
ch. 227, except as provided in
s. 250.041 and except that the only hearing rights available for a denial, revocation or nonrenewal of a certification card required under
sub. (2) based on tax delinquency are those set forth in
s. 73.0301 (5).
254.20(8)
(8) Training courses. The department may conduct or contract for any training course necessary to prepare persons for a certification card required under
sub. (2). The department may establish a fee for any course offered under this subsection. The fee may not exceed the actual cost of the course. The fees received under this subsection shall be credited to the appropriation under
s. 20.435 (1) (gm).
254.20(9)
(9) Rules. The department may promulgate any rule it deems necessary to administer this section.
254.20(10)(a)(a) The department may enter, at any reasonable time, any property, premises or place in which any person required to have a certification card under
sub. (2) is engaged in any asbestos abatement activity to determine if the department has issued that person a valid certification card. No person may refuse entry or access to any representative of the department authorized by the department to act under this paragraph if that representative requests entry for purposes of determining compliance with this section, if that representative presents a valid identification issued to the representative by the department and if that representative is complying with
par. (b). No person may obstruct, hamper or interfere with the actions of that representative under this paragraph.
254.20(10)(b)
(b) Any representative of the department acting under
par. (a) shall comply with any health and safety procedure established by law for persons engaged in asbestos abatement activities.
254.20(10)(c)
(c) If the department determines that any person required to have a certification card under
sub. (2) has violated this section, the department may order that person to cease the violation. The order may require all asbestos abatement activities on the premises where the violation occurs to cease until the violation is corrected if there is no person on the premises with a valid certification card issued to him or her under
sub. (3). The department shall give the order in writing to that person or that person's representative.
254.20(10)(d)
(d) Any other state agency, in the course of the performance of its duties, may determine compliance with the certification requirements of this section. If that agency determines that there is a violation of this section, it shall notify the department of that violation.
254.20(10)(e)
(e) The department may initiate an action in the name of this state against any person to require compliance with this section.
254.20(11)
(11) Penalty. Any person who violates this section or any rule promulgated or order issued under this section shall forfeit not less than $25 nor more than $100 for each violation. Each day of violation and each violation constitutes a separate offense.
254.20 History
History: 1987 a. 27,
1989 a 173;
1993 a. 27 ss.
188,
193;
1997 a. 191,
237.
254.21
254.21
Asbestos management. 254.21(2)(2) The department shall promulgate rules to do all of the following:
254.21(2)(a)
(a) Establish building inspection requirements and procedures to protect students and employes from asbestos hazards in schools.
254.21(2)(b)
(b) Regulate asbestos abatement activities in schools.
254.21(2)(c)
(c) Establish requirements for the maintenance of asbestos-containing material in schools which contain asbestos-containing material.
254.21(2)(d)
(d) Establish priorities for asbestos abatement activities in schools which contain asbestos-containing materials.
254.21(2)(e)
(e) Require a management plan for asbestos-containing material in every school which contains asbestos-containing material.
254.21(3)
(3) A school district and any school which is not a public school may apply to the department for a variance to any standard adopted under this section under the provisions of
s. 101.055 (4) (a) to
(c).
254.21(4)
(4) Any person who intentionally violates any rule promulgated under this section shall forfeit not less than $100 nor more than $1,000 for each violation. Each violation constitutes a separate offense and each day of continued violation is a separate offense.
254.21 History
History: 1987 a. 396;
1993 a. 27 s.
364,
366; Stats. 1993 s. 254.21.
254.22
254.22
Indoor air quality. The department shall do all of the following:
254.22(1)
(1) Investigate illness or disease outbreaks suspected of being caused by poor indoor air quality. The department shall promote or require control measures if indoor air quality is established to be the cause of illness or disease outbreaks.
254.22(2)
(2) Assist local health departments in the adoption of regulations that establish standards for indoor air quality in public buildings to protect the occupants from adverse health effects due to exposure to chemical or biological contaminants.
254.22(3)
(3) Provide training and technical support to local health departments for conducting indoor air quality testing and investigations.
254.22(4)
(4) Assist the department of commerce with the enforcement of
s. 101.123.
254.22 History
History: 1993 a. 27;
1995 a. 27 ss.
6331,
9116 (5).
254.30
254.30
Enforcement; penalties. 254.30(1)(a)(a) The department may enter, at any reasonable time, a dwelling or premises undergoing any lead hazard reduction to determine if all persons engaged in lead hazard reduction have been appropriately certified if required under
s. 254.176.
254.30(1)(b)
(b) The department may report any violation of
ss. 254.11 to
254.178 or rules promulgated, or orders issued, under those sections to the district attorney of the county in which the dwelling is located. The district attorney shall enforce
ss. 254.11 to
254.178 and rules promulgated, and orders issued, under those sections. If a circuit court determines that an owner of a rented or leased dwelling or premises has failed to comply with an order issued under
ss. 254.11 to
254.178, the circuit court may order the occupants of the affected dwelling or premises to withhold rent in escrow until the owner of the dwelling or premises complies with the order.
254.30(1)(c)
(c) Sections 254.11 to
254.178 do not limit the ability of the department to require abatement of human health hazards involving lead under
s. 254.59.
254.30(2)(a)(a)
Civil penalty. Any person who violates
ss. 254.11 to
254.178 or rules promulgated, or orders issued, under those sections may be required to forfeit not less than $100 nor more than $1,000. Each day of continued violation constitutes a separate offense.
254.30(2)(b)
(b)
Criminal penalty. Any person who knowingly violates any provision of
ss. 254.11 to
254.178 or any rule promulgated, or order issued, under those sections shall be fined not less than $100 nor more than $5,000. The court may place the person on probation under
s. 973.09 for a period not to exceed 2 years.
254.30 History
History: 1979 c. 221;
1987 a. 332;
1993 a. 27 s.
439; Stats. 1993 s. 254.30;
1993 a. 450.
RADIATION PROTECTION
254.31
254.31
Definitions. In this subchapter:
254.31(3)
(3) "By-product material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
254.31(3g)
(3g) "Ionizing radiation" as used in this chapter refers to electromagnetic radiations such as X-rays and gamma rays, or particulate radiations such as electrons or beta particles, protons, neutrons, alpha particles, usually of high energy, but in any case it includes all radiations capable of producing ions directly or indirectly in their passage through matter.
254.31(3p)
(3p) "Nonionizing radiation" means electromagnetic radiation, other than ionizing radiation, and any sonic, ultrasonic or infrasonic wave.
254.31(4)
(4) "Nuclear facility" means any reactor plant, any equipment or device used for the separation of the isotopes of uranium or plutonium, the processing or utilizing of radioactive material or handling, processing or packaging waste; any premises, structure, excavation or place of storage or disposition of waste or by-product material; or any equipment used for or in connection with the transportation of such material.
254.31(4p)
(4p) "Radiation" means both ionizing and nonionizing radiation.
254.31(6)
(6) "Radiation installation" is any location or facility where radiation machines are used or where radioactive material is produced, transported, stored, disposed of or used for any purpose.
254.31(7)
(7) "Radiation machine" is any device that produces radiation when in use.
254.31(8)
(8) "Radioactive material" includes any solid, liquid or gaseous substance which emits ionizing radiation spontaneously.
254.31(9)
(9) "Radiation source" means a radiation machine or radioactive material as defined herein.
254.31(10)
(10) "Source material" means any material except special nuclear material, which contains by weight 0.05 per cent or more of uranium, thorium, or any combination thereof.
254.31(11)
(11) "Special nuclear material" means plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the nuclear regulatory commission determines to be special nuclear material; or any material artificially enriched by any of the foregoing. Special nuclear material does not include source material.
254.31(12)
(12) "X-ray tube" means any electron tube which is designed for the conversion of electrical energy into X-ray energy.
254.31 History
History: 1977 c. 29;
1985 a. 29;
1993 a. 27 ss.
227,
477; Stats. 1993 s. 254.31;
1993 a. 491.
254.33
254.33
Public policy. Since radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the state if improperly utilized, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation and to prohibit and prevent exposure to radiation in amounts which are or may be detrimental to health. It is further the policy to advise, consult and cooperate with the department of commerce and other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of rules.
254.33 History
History: 1985 a. 29;
1993 a. 27 s.
225; Stats. 1993 s. 254.33;
1995 a. 27 ss.
6332,
9116 (5).
254.34
254.34
Powers and duties. 254.34(1)(1) The department and the department of commerce shall:
254.34(1)(a)
(a) Formulate, adopt and enforce, amend and repeal rules, including registration of sources of ionizing radiation, as may be necessary to prohibit and prevent unnecessary radiation. Such rules may incorporate by reference the recommended standards of nationally recognized bodies in the field of radiation protection and other fields of atomic energy, under the procedure established by
s. 227.21 (2).
254.34(1)(b)
(b) Administer this subchapter and the rules promulgated under this subchapter.
254.34(1)(c)
(c) Develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, and for their amelioration.
254.34(1)(d)
(d) Advise, consult and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions and industries.
