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.
254.34(1)(e)
(e) Encourage, participate in or conduct studies, investigations, training, research and demonstrations relating to the control of radiation hazards, the measurement of radiation, the effects on health of exposure to radiation and related problems as it deems necessary or advisable for the discharge of its duties under this subchapter.
254.34(1)(f)
(f) Collect and disseminate health education information relating to radiation protection as it deems proper.
254.34(1)(g)
(g) Review and approve plans and specifications for radiation sources submitted pursuant to rules promulgated under this subchapter; and inspect radiation sources, their shielding and immediate surroundings and records concerning their operation for the determination of any possible radiation hazard.
254.34(1)(h)
(h) With respect to radon and with the department serving as the lead agency, do all of the following:
254.34(1)(h)1.
1. Develop and disseminate current radon information to the news media, builders, realtors and the general public.
254.34(1)(h)2.
2. Coordinate a program of measuring radon gas accumulation, including use of the radon canister counting system, in educational institutions, nursing homes, low-income housing, public buildings, homes, private industries and public service organizations.
254.34(1)(h)3.
3. Work with staff of local health departments to perform home surveys and diagnostic measurements and develop mitigation strategies for homes with elevated radon gas levels.
254.34(1)(h)4.
4. Develop training materials and conduct training of staff of local health departments, building contractors and others in radon diagnosis and mitigation methods.
254.34(2)
(2) The department, serving as the lead agency, and the department of commerce may:
254.34(2)(a)
(a) Enter, at all reasonable times, any private or public property for the purpose of investigating conditions relating to radiation control.
254.34(2)(b)
(b) Accept and utilize grants or other funds or gifts from the federal government and from other sources, public or private, for carrying out its functions under this subchapter. The studies, investigations, training and demonstration may be conducted independently, by contract, or in cooperation with any person or any public or private agency, including any political subdivision of the state.
254.34(4)
(4) The department shall develop standards of performance for the regional radon centers and, from the appropriation under
s. 20.435 (5) (ed), the department shall allocate funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.
254.35
254.35
Registration of ionizing radiation installations. 254.35(1)(1)
Application. Every site in this state having an ionizing radiation installation, not exempted by this section or the rules of the department shall be registered by the department by January 1, 1964, by the person in control of an installation, including installations in sites that are administered by a state agency or in an institution under the jurisdiction of a state agency, and no such ionizing radiation installation may be operated thereafter unless the site has been duly registered by January 1 of each year and a notice of the registration is possessed by the person in control. Every site having an ionizing radiation installation established in this state after July 20, 1985, shall be registered prior to its operation. The application for registration shall be made on forms provided by the department which shall be devised to obtain any information that is considered necessary for evaluation of hazards. Multiple radiation sources at a single radiation installation and under the control of one person shall be listed on a single registration form. Registration fees shall be levied in accordance with
sub. (3). Registration alone shall not imply approval of manufacture, storage, use, handling, operation or disposal of the radiation installation or radioactive materials, but shall serve merely to inform the department of the location and character of radiation sources. The department shall furnish the department of commerce with a copy of each amended and new registration. Persons engaged in manufacturing, demonstration, sale, testing or repair of radiation sources shall not be required to list such sources on the registration form.
254.35(2)
(2) Amended registration. If the person in control increases the number of sources, source strength, rated output or energy of radiation produced in any installation, he or she shall notify the department of the increase prior to operation on the revised basis. The department shall record the change in the registration. If the person in control transfers control of the radiation installation to another person the registration also transfers to the other person, who shall notify the department of the transfer within 15 days. The department shall record the change in the registration. If any installation is discontinued, the person in control shall notify the department within 30 days of the discontinuance.
254.35(3)(a)(a) An annual registration fee under
pars. (b) to
(f) shall be levied for each site registration under this section. An additional penalty fee of $10, regardless of the number of X-ray tubes, shall be required for each registration whenever the annual fee for renewal is not paid prior to expiration of the registration. No additional fee may be required for recording changes in the registration information.
254.35(3)(b)
(b) For a medical site having an ionizing radiation installation serving physicians and clinics, osteopaths and clinics, and hospitals that possesses radioactive materials in any quantity, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
254.35(3)(c)
(c) For a chiropractic, podiatric or veterinary site having an ionizing radiation installation, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
254.35(3)(d)
(d) For a dental site having an ionizing radiation installation, the fee shall be at least $25 for each site and at least $20 for each X-ray tube.
254.35(3)(f)
(f) For an industrial, school, research project or other site having an ionizing radiation installation and radioactive materials in any quantity, the fee shall be at least $25 for each site and at least $30 for each X-ray tube.
254.35(3)(g)
(g) The fees under this subsection shall be as stated unless the department promulgates rules to increase the annual registration fee after January 1, 1986, for a site having an ionizing radiation installation or for an X-ray tube.
254.35(4)
(4) Exemptions. The department shall exempt from registration any source licensed by the nuclear regulatory commission and may exempt from registration any source of radiation installation which the department finds to be without undue radiation hazard as determined by standards established by the national committee on radiation protection and measurements or any comparable nationally recognized agency established for the purpose of recommending standards for radiation protection, and after the initial registration may exempt from subsequent annual radiation requirements any source of radiation devoted primarily to industrial purposes.
254.36
254.36
Radiation protection. The department shall promulgate a radiation protection code. Other departments and agencies of state government and local governmental units may adopt the identical code, but no other rule, code or ordinance relating to this subject may be promulgated or enacted except as provided under
ss. 166.03 (2) (b) 6.,
293.15 (8) and
293.25.
