100.44(5)
(5) Enforcement. For any violation of
sub. (3), the department may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under
sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of
sub. (3) if proof of the loss is shown to the satisfaction of the court.
100.44 History
History: 1991 a. 176.
100.45
100.45
Mobile air conditioners. 100.45(1)(a)
(a) "Approved refrigerant recovery equipment" means equipment that the department or an independent standards testing organization approved by the department determines will minimize the release of ozone-depleting refrigerant when the equipment is used to transfer ozone-depleting refrigerant from mobile air conditioners into storage tanks.
100.45(1)(ad)
(ad) "Approved refrigerant recycling equipment" means equipment that the department or an independent standards testing organization approved by the department determines will treat ozone-depleting refrigerant removed from a mobile air conditioner so that the ozone-depleting refrigerant meets the standard of purity for recycled refrigerant from mobile air conditioners established under
sub. (5) (a) 1.
100.45(1)(ar)
(ar) "Manufacturer" has the meaning given in
s. 218.0101 (20), except that, if more than one person satisfies the definition in
s. 218.0101 (20) with respect to a motor vehicle, "manufacturer" means the person who installs the mobile air conditioner that is in the motor vehicle when the motor vehicle is distributed for sale in this state.
100.45(1)(b)
(b) "Mobile air conditioner" means mechanical vapor compression refrigeration equipment used to cool the driver or passenger compartment of a motor vehicle.
100.45(1)(d)
(d) "Ozone-depleting refrigerant" means a substance used in refrigeration that is or contains a class I substance, as defined in
42 USC 7671 (3) or a class II substance, as defined in
42 USC 7671 (4).
100.45(1)(dm)
(dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.
100.45(1)(e)
(e) "Trailer refrigeration equipment" means mechanical vapor compression refrigeration equipment used to cool a trailer designed for carrying property wholly on its own structure and for being drawn by a motor vehicle.
100.45(2)
(2) Distribution of mobile air conditioners. 100.45(2)(a)(a) A manufacturer or distributor may not distribute for sale in this state a mobile air conditioner that contains ozone-depleting refrigerant and that is original equipment in a new motor vehicle.
100.45(2)(b)
(b) The department may waive the application of
par. (a) to a manufacturer or distributor for a period of one year if any of the following applies:
100.45(2)(b)1.
1. All substitutes for ozone-depleting refrigerant are toxic and their use is not safe for consumers, industry or the environment.
100.45(2)(b)2.
2. Substitutes for ozone-depleting refrigerant are not available in sufficient quantities for the manufacturer or distributor to comply with
par. (a).
100.45(2)(b)3.
3. An acceptable mobile air conditioner cannot be manufactured in sufficient quantities for the manufacturer to comply with
par. (a) and the progress made by the manufacturer or distributor toward complying with
par. (a) is comparable with the progress made by other manufacturers and distributors toward complying with
par. (a).
100.45(3)(a)(a) After December 31, 1990, no person may sell or offer to sell any ozone-depleting refrigerant in a container holding less than 15 pounds of ozone-depleting refrigerant.
100.45(3)(b)
(b) No person may sell or offer to sell new or reclaimed ozone-depleting refrigerant for use in a mobile air conditioner or in trailer refrigeration equipment except to one of the following:
100.45(3)(b)1.
1. A person who intends to resell the ozone-depleting refrigerant.
100.45(3)(c)
(c) No person may offer to sell, sell or otherwise transfer possession of ozone-depleting refrigerant that was removed from a mobile air conditioner but has not been reclaimed unless all of the following apply:
100.45(3)(c)1.
1. The person or another person uses approved refrigerant recovery equipment to remove the ozone-depleting refrigerant from mobile air conditioners.
100.45(3)(c)2.
2. The person provides to the department upon request the identity of each person to whom it sells or otherwise transfers possession of the recovered ozone-depleting refrigerant.
100.45(3)(c)3.
3. The person informs each person to whom it sells or otherwise transfers possession of the ozone-depleting refrigerant that the ozone-depleting refrigerant has not been reclaimed and, if the ozone-depleting refrigerant has not been recycled, that the ozone-depleting refrigerant has not been recycled.
100.45(3)(c)4.
4. All of the recovered ozone-depleting refrigerant is conveyed in a safe and timely manner to a refrigerant reclamation facility that is recognized by the department or to a person who holds an annual registration certificate under
sub. (4) (h) for recycling and reuse or resale.
100.45(4)
(4) Servicing. No person, including a state agency, may perform motor vehicle repair that releases or may release ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains ozone-depleting refrigerant unless all of the following apply:
100.45(4)(a)
(a) The person does not use ozone-depleting refrigerant for cleaning purposes including to clean the interior or exterior surfaces of mobile air conditioners or trailer refrigeration equipment.
100.45(4)(b)
(b) Whenever the person removes ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment the person pumps the ozone-depleting refrigerant into storage tanks.
100.45(4)(c)
(c) The person or another person does one of the following with any used ozone-depleting refrigerant:
100.45(4)(c)1.
1. Recycles the used ozone-depleting refrigerant using approved refrigerant recycling equipment at the establishment where the ozone-depleting refrigerant is removed or at another location and either reuses the recycled ozone-depleting refrigerant in servicing a mobile air conditioner or trailer refrigeration equipment or sells or otherwise transfers possession of the recycled ozone-depleting refrigerant for conveyance to a refrigerant reclamation facility that is recognized by the department.
100.45(4)(c)2.
2. Removes the used ozone-depleting refrigerant using approved refrigerant recovery equipment and sells or otherwise transfers possession of the recovered ozone-depleting refrigerant in compliance with
sub. (3) (c).
100.45(4)(d)
(d) The individuals who use the equipment under
par. (c) have the qualifications established under
sub. (5) (a) 2.
100.45(4)(e)
(e) The person does not knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur during efforts to recover or recycle ozone-depleting refrigerant removed from mobile air conditioners or trailer refrigeration equipment.
100.45(4)(f)
(f) The person inspects and, if necessary, repairs mobile air conditioners or trailer refrigeration equipment that leaks or is suspected of leaking before putting additional ozone-depleting refrigerant into those mobile air conditioners or trailer refrigeration equipment.
100.45(4)(h)
(h) The person holds an annual registration certificate from the department.
100.45(5)
(5) Department duties. The department shall do all of the following:
100.45(5)(a)
(a) Promulgate rules for the administration of this section including establishing all of the following:
100.45(5)(a)1.
1. A standard of purity for recycled refrigerant from mobile air conditioners that is based on recognized national industry standards.
100.45(5)(a)2.
2. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment or approved refrigerant recovery equipment to ensure that those individuals use procedures for containment of ozone-depleting refrigerant.
100.45(5)(a)3.
3. Fees to cover the costs of administering this section.
100.45(5)(b)
(b) Identify approved refrigerant recycling equipment and approved refrigerant recovery equipment or approve independent testing organizations that may identify approved refrigerant recycling equipment and approved refrigerant recovery equipment.
100.45(5)(c)
(c) Issue annual registration certificates to persons required to hold those certificates under
sub. (4) (h).
100.45(5e)
(5e) Department powers. The department may promulgate rules providing that any portion of
sub. (3) or
(4) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant.
100.45(5m)
(5m) Surcharge for operating without registration. An applicant for an annual registration certificate under
sub. (5) (c) shall pay a registration fee surcharge of $160 if the department determines that, within one year before submitting the application, the applicant engaged in an activity for which a registration certificate is required under this section without holding a registration certificate. Payment of the registration fee surcharge does not relieve the applicant from any other civil liability that results from violations of this section, but does not constitute evidence of a violation of law.
100.45(6)(a)(a) Any person who violates
sub. (2) shall be required to forfeit $1,000. Each motor vehicle distributed in violation of
sub. (2) constitutes a violation.
100.45(6)(b)
(b) Any person who violates
sub. (3) shall be required to forfeit not less than $50 nor more than $1,000. Each sale in violation of
sub. (3) constitutes a violation.
100.45(6)(c)
(c) Any person who violates
sub. (4) shall be required to forfeit not less than $50 nor more than $1,000. Each repair, installation or servicing in violation of
sub. (4) constitutes a violation.
100.46
100.46
Energy consuming products. 100.46(1)
(1)
Energy conservation standards. The department may by rule adopt energy conservation standards for products that have been established in or promulgated under
42 USC 6291 to
6309.
100.46(2)
(2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under
sub. (1). In addition to other penalties and enforcement procedures, the department may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under
sub. (1).
100.46 History
History: 1993 a. 414.
100.46 Note
Note: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
100.47
100.47
Sales of farm equipment. 100.47(1)
(1)
Definition. In this section, "farm equipment" means a tractor or other machinery used in the business of farming.
100.47(2)
(2) Safety equipment required. No person in the business of selling farm equipment may sell farm equipment unless, at the time of sale, the farm equipment is equipped with all of the following:
100.47(2)(a)
(a) A power takeoff master shield, if a tractor.
100.47(2)(b)
(b) A power takeoff driveline shield extending to the 2nd universal joint, if farm equipment powered by a tractor.
100.47(2)(c)
(c) Lights and reflectors meeting the applicable requirements under
ch. 347, if farm equipment that can be operated on a highway.
100.47(2)(d)
(d) A slow moving vehicle emblem meeting standards and specifications established under
s. 347.245, if farm equipment that can be operated on a highway.
100.47(3)
(3) Disclosure. If farm equipment subject to
sub. (2) (b) is equipped with a power takeoff shield that is not equivalent to the shield installed at the time of manufacture, the person who sells the farm equipment shall so notify the buyer in writing.
100.47(4)(a)
(a) Sales of farm equipment to another person in the business of selling farm equipment for the purpose of resale.
100.47(4)(b)
(b) Sales of farm equipment for the purpose of salvage.
100.47(4)(c)
(c) Sales by auction, unless the auctioneer holds title to the farm equipment being sold.
100.47(5)
(5) Penalty. Any person who violates this section may be required to forfeit not more than $500 for each violation.
100.47 History
History: 1993 a. 455;
1993 a. 491 s.
142; Stats. 1993 s. 100.47.
100.48
100.48
Hour meter tampering. 100.48(1)(a)
(a) "Farm equipment" means a tractor or other machinery used in the business of farming.
100.48(1)(b)
(b) "Hour meter" means an instrument on a piece of farm equipment that measures and records the actual hours of operation of the piece of farm equipment.
100.48(2)
(2) No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter with the intent to defraud by changing or affecting the number of hours of operation indicated on the hour meter.
100.48(3)(a)(a) Nothing in this section shall prevent the service, repair or replacement of an hour meter if the number of hours of operation indicated on the hour meter remains the same as before the service, repair or replacement. If an hour meter is incapable of registering the same number of hours of operation as before its service, repair or replacement, the hour meter shall be adjusted to read zero, and a sticker shall be affixed by the owner of the piece of farm equipment or an agent, in proximity to the hour meter, specifying the number of hours of operation recorded on the hour meter prior to its service, repair or replacement and the date on which it was serviced, repaired or replaced. No person who services, repairs or replaces an hour meter that is incapable of registering the same number of hours of operation as before such service, repair or replacement may fail to adjust the hour meter to read zero or fail to affix the sticker required by this paragraph.
100.48(3)(b)
(b) No person may, with intent to defraud, remove, replace or alter a sticker affixed to an hour meter as required under
par. (a).
100.48(4)(a)(a) Any person who violates
sub. (2) or
(3) (b) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.
100.48(4)(b)
(b) Any person who violates
sub. (3) (a) may be required to forfeit not more than $500 for each violation.
100.48 History
History: 1997 a. 278.
100.50
100.50
Products containing or made with ozone-depleting substances. 100.50(2)
(2) Product labeling. Beginning on August 1, 1994, no person may represent in advertising or on a label that any product that the person manufactures, packages, distributes or sells is "ozone friendly" or use any similar description that implies that the product does not contribute to the depletion of stratospheric ozone if the product contains or is made with a class I substance or a class II substance.
