Trans 277.05(2)(c)2.2. Construction of, or major repairs to, structures or facilities required by s. Trans 277.04 (3); and

Trans 277.05(2)(d)(d) A record of all complaints received concerning the storage facility as the source of contamination of the waters of the state by a substance regulated by the department.

Trans 277.05(2)(e)(e) Such other information as the department may from time to time require on forms provided by the department for the purpose of recording this information.

Trans 277.05 NoteNote: DOT forms for recording and reporting this information are available from the DOT, State Maintenance Engineer for Highways, Bureau of Operations, Division of Highways and Transportation Services, 4802 Sheboygan Avenue, Room 601, P.O. Box 7916, Madison, Wisconsin 53707.

Trans 277.06(1)(1) The department shall inspect each storage facility and the records of each person storing highway salt or liquid calcium chloride, at least once every 12 months, or more often as necessary to assure compliance with this chapter, and as follows:

Trans 277.06(1)(a)1.a.a. A preventive action limit or enforcement standard has been attained or exceeded at an applicable point of standards application, or

Trans 277.06(1)(a)2.2. The monitoring agency reports that the storage facility may have been the source of the contamination.

Trans 277.06(1)(b)(b) The department shall inspect a storage facility to verify compliance with this chapter upon receipt of a report required under s. Trans 277.05 (1) (a) or (b) from the person storing highway salt.

Trans 277.06(1)(c)(c) The department shall inspect a storage facility as necessary to verify compliance with deadlines set either by special orders issued under s. 85.17 (5) (d), Stats., or s. Trans 277.08 (2) (d) or (3) (b) or by compliance directives issued under sub. (2).

Trans 277.06(2)(2) Department employees inspecting a storage facility may issue written directives and deadlines to the person storing highway salt requiring the person to take such specific actions as the department employee finds necessary to assure compliance with this chapter.

Trans 277.07(1)(1) Each of the following locations shall, with the consent of the owner of the property where the point is located, or pursuant to a special inspection warrant under s. 66.0119, Stats., be a point of standards application for each storage facility for the purpose of determining compliance with ch. 160, Stats.:

Trans 277.07(1)(a)(a) Any point of groundwater use within 1500 feet of any portion of the storage facility, and at any depth from which groundwater is drawn for potable or nonpotable use.

Trans 277.07(1)(b)(b) Any point within 1500 feet of any portion of the storage facility, or any point inside of the property boundaries enclosing the storage facility, at which the monitoring agency determines it to be necessary to apply standards in order to adequately perform monitoring.

Trans 277.07(1)(c)(c) Any point beyond 1500 feet from the storage facility may also be accepted by the department as a point of standards application if the monitoring agency first demonstrates to the satisfaction of the department that probable cause exists to believe that a facility, activity or practice regulated by the department under this chapter has caused the preventive action limit or enforcement standard for a substance regulated by the department to be attained or exceeded at that point.

Trans 277.07(2)(2) A property owner who stores highway salt on the owner’s property or permits others to do so has also consented to employees of the monitoring agency, as agents of the department, coming upon the owner’s property during normal business hours, obtaining and removing such water samples as are reasonably necessary for both monitoring required under ch. 160, Stats., and enforcement of this chapter by the department.

Trans 277.07 HistoryHistory: Cr. Register, April, 1986, No. 364, eff. 5-1-86; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (2) Register July 2023 No. 811, eff. 8-1-23.

Trans 277.08(1)(1) Noncompliance report. When a department inspector reports that a person storing highway salt has failed to comply with this chapter or with a written compliance directive issued under this subsection or s. Trans 277.06 (2), or with a special order issued by the department, the department may respond by issuing a compliance directive or a special order for remedial action. Remedial actions ordered may include, but are not limited to, those actions set out in sub. (2) (d) except sub. (2) (d) 1.

Trans 277.08(2)(2) Preventive action limit or contamination report. The department shall respond as provided in this subsection when the department receives a report from the monitoring agency that the preventive action limit of a substance regulated by the department has been attained or exceeded at an applicable point of standards application or that surface water has been adversely impacted near a storage facility and the storage facility may have been the source of the contamination.

Trans 277.08(2)(a)(a) The department shall send notice of the report by first class mail to the local office of the person storing highway salt at the storage facility.

Trans 277.08(2)(b)(b) The department shall inspect the storage facility within 30 days of receipt of the report and determine if the storage facility is in compliance with all provisions of this chapter, as provided in s. Trans 277.06 (1) (a).