ATCP 93.180 Note
Note: Under
42 USC 6991e (a) (3) and (d) (2), the EPA may assess fines of up to $10,000 for each tank for each day of violation and may seek judicial penalties of up to $25,000 for each day of continued noncompliance.
ATCP 93.180 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction made under s.
35.17, Stats.,
Register October 2019 No. 766.
ATCP 93.190
ATCP 93.190 Appeals and hearings on enforcement decisions. ATCP 93.190(1)(a)(a)
General. The owner or operator of a tank system may request a hearing with the department, as specified in s.
ATCP 1.06, on any decision affecting that person's legal rights, including enforcement orders and any petition for variance, material-approval, or permit decision issued under the scope of this chapter.
ATCP 93.190(1)(b)1.1. All appeals of enforcement orders issued under this chapter shall be in writing and shall be received by the department no later than 15 calendar days after the date of the enforcement order or decision being appealed, except as provided in subd.
2. ATCP 93.190(1)(b)2.
2. All appeals of petitions for variance or material-approval or permit decisions issued under this chapter shall be in writing and shall be received by the department no later than 30 calendar days after the date of the decision being appealed.
ATCP 93.190(1)(b)3.
3. The department may make a determination not to proceed with a request for a hearing depending on the nature of the issue being appealed.
ATCP 93.190(1)(b)5.
5. For purposes of this section, appeals filed after 4:30 p.m. shall be considered received on the next business day.
ATCP 93.190 Note
Note: The appellant or an attorney representing the appellant may request an administrative hearing to review this action by delivering, mailing, or faxing a written request for a hearing to one of the following:
ATCP 93.190 Note
In-person delivery address:
ATCP 93.190 Note
Department of Agriculture, Trade and Consumer Protection
ATCP 93.190 Note
2811 Agriculture Drive
ATCP 93.190 Note
Madison, Wisconsin 53708
ATCP 93.190 Note
Mailing address:
ATCP 93.190 Note
Secretary of Department of Agriculture, Trade and Consumer Protection
ATCP 93.190 Note
PO Box 8911
ATCP 93.190 Note
Madison WI 53708-8911
ATCP 93.190(1)(b)6.
6. An appeal shall be signed by the person whose legal rights are affected by the decision being appealed or an attorney representing such person. Any appeal filed by a person other than the person whose legal rights are affected by the decision being appealed or an attorney representing that affected person shall be dismissed.
ATCP 93.190(1)(b)7.
7. The written appeal shall list every reason the department's or authorized agent's decision is incorrect and shall identify every issue to be considered at the hearing. Issues not raised in the written appeal under this paragraph are considered waived and shall be dismissed.
ATCP 93.190(1)(c)
(c)
Response. Upon receipt of notification of hearing from the department, the affected party shall submit to the department a written response within 15 calendar days of the date of service. Failure to respond within the prescribed time limit or failure to appear at the scheduled hearing may result in the allegations specified in the complaint being accepted as true and accurate.
ATCP 93.190(1)(d)1.
1. If the department and the affected party are able to reach preliminary agreement on disposition of a complaint prior to a hearing, such agreement shall be processed in accordance with all of the following:
ATCP 93.190(1)(d)1.a.
a. Be transmitted in writing to the secretary of the department or the person so designated by the secretary.
ATCP 93.190(1)(d)1.b.
b. Not be binding upon any party until accepted by the secretary of the department or the person so designated by the secretary.
ATCP 93.190(1)(d)2.
2. The settlement agreement shall be considered a joint motion by the parties to dismiss the appeal in its entirety with prejudice or to dismiss such portions of the appeal with prejudice as may be covered by the terms of the settlement agreement.
ATCP 93.190(1)(e)
(e)
Witness fees. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.
ATCP 93.190(2)(a)
(a) All hearings shall be conducted by persons selected by the department in accordance with ch.
227, Stats.
ATCP 93.190(2)(b)
(b) Persons selected under par.
(a) may administer oaths or affirmations and may grant continuances and adjournments for cause shown.
ATCP 93.190(2)(c)
(c) The affected party shall appear in person and may be represented by legal counsel.
ATCP 93.190(2)(d)
(d) Witnesses may be examined by persons designated by the department.
ATCP 93.190(3)(a)(a) The department may make determinations and enter its order on the basis of the facts revealed by its investigation.
ATCP 93.190(3)(b)
(b) Any determinations as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary of the department.
ATCP 93.190(4)
(4)
Appeal arguments. Appeal arguments shall be submitted to the department in writing unless otherwise ordered.
ATCP 93.190(5)(a)
(a) All hearings shall be held at a location determined by the department.
ATCP 93.190(5)(b)
(b) Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.
ATCP 93.190(6)(c)1.1. A transcript of the recorded hearing shall be prepared upon request at the expense of the party requesting the transcript.
ATCP 93.190(6)(c)2.
2. Copies of transcripts prepared under this subsection shall be provided to the other party or parties upon payment of the actual cost of copying or obtaining a copy of the transcript.
ATCP 93.190(6)(c)4.
4. A transcript may be provided at the department's expense to a party who demonstrates impecuniousness or financial need if that party has filed a petition for judicial review.
ATCP 93.190(6)(c)5.
5. Where the department contracts with a court reporting firm for the preparation of transcripts, the fees charged for transcription and copying shall be equal to the fees charged to the department by the court reporting firm.
ATCP 93.190(7)
(7)
Enforcement action status. Enforcement action shall proceed until such time as an administrative law judge has issued under this subsection a decision overturning or modifying the order.
ATCP 93.190 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.200
ATCP 93.200 Adoption of standards. The standards listed in Tables 93.200-1 to 93.200-11 are incorporated by reference into this chapter.
ATCP 93.200 Note
Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased through the respective organizations listed in Tables 93.200-1 to 93.200-11.
ATCP 93.200 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.210(1)(1)
All flammable, combustible and hazardous liquids, and equipment and facilities that are used to store them shall be designed, constructed, installed, operated, inspected, tested and maintained as specified in the standards adopted in s.
ATCP 93.200, as those standards apply to the specific liquid, equipment or facility, except as otherwise provided in this chapter.
ATCP 93.210(2)
(2) All codes and standards referenced in the standards adopted in s.
ATCP 93.200 shall apply to the prescribed extent of each such reference, except as modified by this chapter.
ATCP 93.210(3)
(3) Any requirements in the standards adopted in s.
ATCP 93.200 that address design and construction of public buildings or places of employment and which conflict with requirements in chs.
SPS 361 to
366, are not included as part of this chapter.
ATCP 93.210 Note
Note: In addition to addressing new construction for public buildings and places of employment, chs.
SPS 361 to
366 generally require in s.
SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.
ATCP 93.210(4)
(4) All fire detection, prevention, suppression and isolation features required by a standard adopted in s.
ATCP 93.200 shall be provided as specified in the standard, unless mandated otherwise by chs.
SPS 361 to
366, under sub.
(3).
ATCP 93.210(5)
(5) All fire detection, prevention, suppression and isolation features that are installed, whether or not they are required by rule or standard, shall be inspected, tested and maintained as required by the applicable standard adopted in s.
ATCP 93.200 or by other rules of the department of safety and professional services.
ATCP 93.210 Note
Note: See also ch.
SPS 314,
Wisconsin Fire Prevention Code, for requirements on the inspection, testing and maintenance of fixed and portable fire protection systems.
ATCP 93.210(6)
(6) Any permit referenced in the standards adopted in s.
ATCP 93.200 is not required by this chapter but may be required at the local level if done so through a local ordinance.
ATCP 93.210 Note
Note: For example, the permit referenced in NFPA 30 section 6.5.3.1 for spark-producing operations is not required by this chapter but may be applied through a local ordinance.
ATCP 93.210 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.220
ATCP 93.220 Secondary references. For the purposes of this chapter, the department of safety and professional services shall enforce the applicable provisions of the following Wisconsin administrative codes in lieu of the indicated standards that are referenced in the NFPA standards adopted in s.
ATCP 93.200:
ATCP 93.220(1)
(1)
Boilers and pressure vessels. Chapter
SPS 341 in lieu of the ASME Boiler and Pressure Vessel Code.
ATCP 93.220(2)(c)
(c) NFPA 221 — Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls.
ATCP 93.220 Note
Note: In addition to addressing new construction for public buildings and places of employment, chs.
SPS 361 to
366 generally require in section
SPS 361.03 (13) that every existing public building or place of employment be maintained to conform with the building code requirements which applied when the building, structure, element, system, or component thereof was constructed.
