98.245(6)(a)(a) No person may sell liquefied petroleum gas and deliver it by a vehicle equipped with a pump and meter unless the meter is equipped with a delivery ticket printer and is in compliance with
sub. (7). Except as provided in
par. (b), the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:
98.245(6)(a)3.
3. The meter reading showing the volume of liquefied petroleum gas delivered.
98.245(6)(b)
(b) If there is a malfunction with the delivery ticket printer, the seller shall, at the time of delivery, either provide the purchaser or leave at the place of delivery the information required under
par. (a) in written form.
98.245(7)
(7) Meters; registration; testing; fees. 98.245(7)(a)1.1. The department shall promulgate rules to require owners to register meters that are used to measure amounts of liquefied petroleum gas the sale or delivery of which is subject to
sub. (4) (a).
98.245(7)(a)2.
2. The owner of a meter shall pay to the department a one-time fee of $25 to register a meter under
subd. 1. The owner shall pay the fee within 60 days after the effective date of the rules promulgated under
subd. 1., or within 60 days after the owner acquires a meter for which a registration fee has not been paid, whichever is later.
98.245(7)(a)3.
3. If an owner of a meter fails to comply with
subd. 2., the department may assess the owner a fee of not more than $250 for that meter. If the owner does not pay the fee under this subdivision within 30 days after it is assessed, the department shall increase the fee by $10 for each day thereafter until the owner of the meter complies with
subd. 2.
98.245(7)(b)1.1. The owner of a meter required to be registered under
par. (a) shall have the meter tested annually by a meter servicing company that is licensed by the department.
98.245(7)(b)2.
2. A meter servicing company shall file with the department a report, for each meter, containing the results of the testing under
subd. 1. within 30 days after completing the testing.
98.245(7)(b)3.
3. If the department determines that a meter has not been tested within the last year, the department shall notify the owner. The owner shall have 30 days after being notified to have the meter tested.
98.245(7)(b)4.
4. If the owner fails to have the owner's meter tested as required under
subd. 3., the department may assess the owner a fee of not more than $100 for that meter.
98.245(7)(b)5.
5. If the meter servicing company fails to file a report in compliance with
subd. 2. for a meter, the department may assess the meter servicing company a fee of up to $100 for each report.
98.246
98.246
Petroleum product sales. 98.246(1)
(1) In this section, "petroleum products" has the meaning given under
s. 168.03.
98.246(2)
(2) Petroleum products may not be sold from a terminal or storage facility in this state on any basis other than gross volume without correction for temperature.
98.246 History
History: 1983 a. 251.
98.25
98.25
Vehicle scales: annual testing. 98.25(1)
(1) The owner or operator of a scale with a weighing capacity of 5,000 pounds or more used for the commercial weighing of commodities shall cause the scales to be tested and inspected annually for accuracy by an independent scale testing or service company in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department for the testing and examination of scales, using test weights approved by the department. The annual tests and inspections shall be at the expense of the owner or operator.
98.25(2)
(2) A scale testing or service company conducting a test under
sub. (1) shall, at the time of testing and inspection, promptly furnish to the owner or operator of the scale a report showing the results of the test and inspection with an additional copy for the department. The owner and operator of a scale which is found to be inaccurate at the time of testing shall immediately withdraw the scale from further use until necessary corrections, adjustments or repairs are made and the scale is determined to be accurate by the scale testing or service company. A copy of the report prepared by the scale testing or service company shall be filed with the department by the owner or operator of the scale within 15 days after the test and inspection has been completed. The department shall maintain a list open for public inspection of all scales tested and found to be accurate on the annual test.
98.25(3)
(3) No person may falsify a test or determination of the accuracy of a vehicle scale tested under
sub. (1) or file with the department a false report of a test of a vehicle scale under
sub. (1).
98.25(4)
(4) This section does not apply to a railway scale used exclusively for the weighing of commodities on railroad track vehicles.
98.25 History
History: 1981 c. 20;
1989 a. 165.
98.25 Cross-reference
Cross Reference: See also ch.
ATCP 92, Wis. adm. code.
98.26
98.26
Prohibited acts; penalty; injunction. 98.26(1)
(1) A person who does any of the following acts shall forfeit not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for a subsequent offense. A person who intentionally does any of the following acts shall be fined not more than $10,000 or imprisoned not more than 9 months or both:
98.26(1)(a)
(a) Hinders, obstructs or impersonates a sealer or inspector.
98.26(1)(b)
(b) Uses or has in possession for use in buying or selling any commodity or service, or sells, any incorrect weight or measure or causes a weight or measure to be incorrect.
98.26(1)(c)
(c) Represents in any manner a false quantity or price in connection with the purchase or sale, or any advertising thereof, of any commodity, thing or service.
98.26(1)(d)
(d) Uses or disposes of any rejected weight or measure, or commodity, or removes therefrom any official tag, seal, stamp or mark, without written authority from a sealer or inspector.
98.26(1)(f)
(f) Violates any other provision of this chapter or any rules promulgated under this chapter for which no specific penalty is prescribed.
98.26(2)
(2) Upon application of the department or a municipality, a circuit court may grant a temporary or permanent injunction restraining any person from violating any provision of this chapter.
98.26 Cross-reference
Cross Reference: See also chs.
ATCP 91 and
92, Wis. adm. code.