101.1435(2)
(2) The department may contract with a person registered or certified under
s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:
101.1435(2)(a)
(a) The department determines that the underground petroleum product storage tank system is abandoned.
101.1435(2)(b)
(b) Using the method that the department uses to determine inability to pay under
s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.
101.1435(3)
(3) If the department incurs costs under
sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.
101.1435 History
History: 2009 a. 28.
101.144
101.144
Petroleum storage tank discharges. 101.144(1)(aq)
(aq) Except as provided under
sub. (3g), "high-risk site" means the site of a discharge of a petroleum product from a petroleum storage tank if at least one of the following applies:
101.144(1)(aq)1.
1. Repeated tests show that the discharge has resulted in a concentration of contaminants in a well used to provide water for human consumption that exceeds a preventive action limit, as defined in
s. 160.01 (6).
101.144(1)(aq)2.
2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements.
101.144(1)(aq)3.
3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in
s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.
101.144(1)(bm)
(bm) "Petroleum storage tank" means a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system. "Petroleum storage tank" does not include a pipeline facility.
101.144(1)(c)
(c) "Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.
101.144(1)(d)
(d) "Responsible person" means a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located.
101.144(2)(a)(a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under
par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under
par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources for the cleanup of discharges of hazardous substances.
101.144(2)(b)
(b) The program under this section covers a discharge of a petroleum product from a petroleum storage tank if all of the following apply:
101.144(2)(b)1.
1. The site of the discharge is classified, as provided under
sub. (3m) (a) 3., as medium risk or low risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.
101.144(2)(b)2.
2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank.
101.144(3)
(3) The department of natural resources may take action under
s. 292.11 (7) (a) or may issue an order under
s. 292.11 (7) (c) in response to a discharge that is covered under
sub. (2) (b) only if one or more of the following apply:
101.144(3)(a)
(a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.
101.144(3)(b)
(b) The department of safety and professional services requests the department of natural resources to take the action or issue the order.
101.144(3)(c)
(c) The secretary of natural resources approves the action or order in advance after notice to the secretary of safety and professional services.
101.144(3)(d)
(d) The department of natural resources takes action under
s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under
s. 292.11 (7) (c) in compliance with this subsection.
101.144(3)(e)
(e) The department of natural resources takes the action under
s. 292.11 (7) (a) because the identity of the responsible person is unknown.
101.144(3g)(a)(a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of safety and professional services shall promulgate rules incorporating any agreement between the department of safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.
101.144(3g)(b)
(b) If, 6 months after rules under
par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of safety and professional services shall revise the rules using the procedure for promulgating the rules in
par. (a).
101.144(3m)(a)(a) The department of safety and professional services and the department of natural resources shall enter into a memorandum of understanding that does all of the following:
101.144(3m)(a)1.
1. Establishes the respective functions of the 2 departments in the administration of this section and
s. 101.143.
101.144(3m)(a)2.
2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under
s. 292.11 (7).
101.144(3m)(a)3.
3. Establishes standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as medium risk or low risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.
101.144(3m)(b)
(b) The department of safety and professional services and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.
101.144(4)
(4) Any person who violates a rule promulgated or an order issued under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
101.144 Cross-reference
Cross-reference: See also chs.
SPS 346 and
347, Wis. adm. code.
101.145(1)(1)
Definitions. As used in this section:
101.145(1)(a)
(a) "Residential building" means any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children's home, community-based residential facility or dormitory but does not include a hospital or nursing home.
101.145(1)(b)
(b) "Sleeping area" means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.
101.145(1)(c)
(c) "Smoke detector" means a device which detects particles or products of combustion other than heat.
101.145(1)(d)
(d) "Unit" means a residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
101.145(2)
(2) Approval. A smoke detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization.
101.145(3)(a)(a) The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector.
101.145(3)(b)
(b) The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.
101.145(3)(c)
(c) The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
101.145(4)
(4) Requirement. The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within 6 feet of each sleeping area and not in a kitchen.
101.145(5)
(5) Penalty. Whoever violates this section shall forfeit to the state not more than $50 for each day of violation.
101.145(6)
(6) Department inspection and orders. The department may inspect all residential buildings, except the interior of private dwellings, as may be necessary to ensure compliance with this section. The department may inspect the interior of private dwellings at the request of the owner or renter as may be necessary to ensure compliance with this section. The department may issue orders as may be necessary to ensure compliance with this section.
101.147
101.147
Contractor registration. 101.147(1)
(1) No person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department.
101.147(2)
(2) The department shall promulgate rules to administer and enforce this section.
101.147(3)
(3) The department may directly assess a forfeiture by issuing an order against any person who violates this section.
101.147(4)
(4) The registration requirement under
sub. (1) does not apply to any of the following:
101.147(4)(a)
(a) A person who engages in construction on property owned or leased by that person.
101.147(4)(c)
(c) A person who engages in construction in the course of his or her employment by a state agency or local governmental unit.
101.147 History
History: 2009 a. 28.
101.148
101.148
Contractor notices. 101.148(1)(a)
(a) "Consumer" means a person who enters into a written or oral contract with a contractor to construct or remodel a dwelling.
101.148(1)(b)
(b) "Contractor" means a person who enters into a written or oral contract with a consumer to construct or remodel a dwelling.
101.148(1)(c)1.
1. Depositing the document or written notice in the U.S. mail or with a commercial delivery service, addressed to the applicable person.
101.148(1)(c)2.
2. Giving the document or written notice personally to the applicable person.
101.148(1)(d)
(d) "Dwelling" means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. "Dwelling" includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.
101.148(1)(e)
(e) "Remodel" means to alter or reconstruct a dwelling. "Remodel" does not include maintenance or repair work.
101.148(2)
(2) Notice required at time of contracting. 101.148(2)(a)(a) Before entering into a written contract to construct or remodel a dwelling, or, if the parties enter into an oral contract, as soon as reasonably possible, but before commencing any work to construct or remodel a dwelling, the contractor shall deliver to the consumer a copy of the brochure prepared under
s. 895.07 (13) and a notice worded substantially as follows:
NOTICE CONCERNING CONSTRUCTION
DEFECTS
Wisconsin law contains important requirements you must follow before you may file a lawsuit for defective construction against the contractor who constructed your dwelling or completed your remodeling project or against a window or door supplier or manufacturer.
Section 895.07 (2) and
(3) of the Wisconsin statutes requires you to deliver to the contractor a written notice of any construction conditions you allege are defective before you file your lawsuit, and you must provide your contractor or window or door supplier the opportunity to make an offer to repair or remedy the alleged construction defects. You are not obligated to accept any offer made by the contractor or window or door supplier. All parties are bound by applicable warranty provisions.
101.148(2)(b)
(b) The notice required under
par. (a) shall be conspicuous and in writing and may be included within the contract between the contractor and the consumer.
101.148 History
History: 2005 a. 201.
101.149
101.149
Carbon monoxide detectors. 101.149(1)(am)
(am) "Carbon monoxide detector" means an electronic or battery-operated device that sounds an alarm when an unsafe level of carbon monoxide is in the air.
101.149(1)(b)
(b) "Residential building" means a tourist rooming house, a bed and breakfast establishment, or any public building that is used for sleeping or lodging purposes. "Residential building" does not include a hospital or nursing home.
