Ch. WEM 1 NoteNote: Chapter SERB 1 was changed to chapter ERB 1 under s. 13.93 (2m) (b) 1., Stats., Register, September, 1994, No. 465. Chapter ERB 1 was renumbered to be Chapter WEM 1 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, April, 1999, No. 520.
WEM 1.01WEM 1.01Purpose.The purpose of this chapter is to establish a fee payment structure for owners or operators of facilities with hazardous chemicals present, as required by s. 323.60 (7), Stats.
WEM 1.02(1)(1)“Batch plant” means an operating installation of equipment including batchers and mixers as required by batching and mixing concrete or asphalt materials.
WEM 1.02(3)(3)“Division” means the division of emergency management.
WEM 1.02(4)(4)“Emergency planning notification fee statement” means the form prepared by the division for the purpose of collecting the fee under s. WEM 1.03, claiming the exemption from the fee under s. WEM 1.06, and providing emergency planning notification required under s. 323.60 (5) (a), Stats.
WEM 1.02(8)(8)“Inventory form fee statement” means the form prepared by the division for the purpose of collecting the fee under s. WEM 1.04 or claiming exemption from the fee under s. WEM 1.07.
WEM 1.02(9)(9)“Petroleum marketing facility” means a facility where petroleum products are stored for retail or resale, and received by tank vessels, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank car, tank vehicle, or portable tank, and where petroleum products used as motor fuels are stored and dispensed from fixed equipment into vehicle fuel tanks. Retail applies to all instances of resale as defined in state law. Resale facilities also include every person engaged in the business of making sales to the general public at retail within this state.
WEM 1.02(10)(10)“Road de-icing agent” means a substance used alone or in combination with an abrasive material to supplement winter maintenance operations intended to provide adequate traction for pedestrians and vehicles properly equipped for winter driving conditions.
WEM 1.02(11)(11)“Site plan” means facility plans which indicate the storage location of hazardous chemicals on the site as required under s. WEM 1.04 (1).
WEM 1.02(12)(12)“Temporary construction facility” means a facility under construction containing more than 50,000 total cubic feet of new structure or 50,000 cubic feet of remodeled structure or additions or a transportation construction project as defined in s. 84.013 (1), Stats., as well as all sites within the project limits.
WEM 1.02 NoteNote: A public right-of-way does not separate into 2 or more facilities two or more sites within the project limits.
WEM 1.03WEM 1.03Emergency planning notification fee.Except as provided in s. WEM 1.06, an owner or operator shall timely submit a one-time fee of $1,080 per facility with the one-time emergency planning notification required under s. 323.60 (5) (a), Stats. To be considered timely, the required documentation and fees must be received physically or electronically by the division within 60 days of acquiring extremely hazardous materials.
WEM 1.04WEM 1.04Hazardous chemical inventory reporting and inventory form fee.
WEM 1.04(1)(1)An owner or operator of a facility required to timely submit an inventory form under s. 323.60 (5) (c), Stats., shall submit a Tier II inventory form, a site plan, inventory form fee statement and the appropriate inventory form fee annually. To be considered timely, the required documentation and fees must be received physically or electronically by the division on or before March 1.
WEM 1.04(2)(2)An owner or operator of a facility that has submitted an inventory form pursuant to s. 323.60 (5) (c), Stats., for the previous reporting period and which is no longer subject to the inventory form reporting requirements for the current reporting period shall timely submit any inventory form fee statement received from the division stating why the facility is no longer subject to the inventory form reporting requirements. To be considered timely, the required document must be received physically or electronically by the division on or before March 1.
WEM 1.04(3)(3)The primary contractor or owner or operator of a temporary construction facility that may store hazardous chemicals at or above the appropriate threshold reporting quantity during the construction operations, shall submit a Temporary Construction Facility Emergency Response and Hazardous Chemical Report to the division, all committees with jurisdiction over the facility, and all local fire departments with jurisdiction over the facility, and shall submit the appropriate fee under sub. (7) to the division, within 15 calendar days after the building permit is obtained or the contract is awarded.
WEM 1.04(4)(4)An owner or operator of a batch plant shall submit an inventory list specifying the hazardous chemicals that will be present at or above the appropriate threshold reporting quantity or a copy of the operator’s OSHA HazCom Chemical Inventory, and the Batch Plant Emergency Response and Hazardous Chemical Report with a generic site plan or manufacturer’s assembly diagram showing the relationship of the batch plant components within 15 calendar days from the time the batch plant is first brought into the state and set up for actual operation to the division, all committees with jurisdiction over the facility, and all local fire departments with jurisdiction over the site.
WEM 1.04(5)(5)If a batch plant is relocated, the owner or operator shall submit a Batch Plant Emergency Response and Hazardous Chemical Report to the division, all committees with jurisdiction over the facility, and all fire departments with jurisdiction over the facility within 15 calendar days from the date the batch plant is relocated and set up for actual operation.
WEM 1.04(6)(6)The owner or operator of a batch plant that stores hazardous chemicals at or above the appropriate threshold reporting quantity, may report under sub. (1), in lieu of reporting under sub. (4).
WEM 1.04(7)(7)Except as provided under s. WEM 1.07, the inventory form fee required under this section is:
WEM 1.04(7)(a)(a) For facilities submitting an inventory form listing one hazardous chemical subject to inventory form fee calculations and a maximum daily amount of less than 100,000 pounds, $275. Facilities with an actual maximum daily amount of 100,000 pounds or more, $330.
WEM 1.04(7)(b)(b) For facilities submitting an inventory form listing 2 to 10 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $550. Facilities with an actual maximum daily amount of 100,000 pounds or more, $655.
WEM 1.04(7)(c)(c) For facilities submitting an inventory form listing 11 to 100 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $825. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $990.
WEM 1.04(7)(d)(d) For facilities submitting an inventory form listing 101 to 200 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,010. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,210.
WEM 1.04(7)(e)(e) For facilities submitting an inventory form listing 201 to 300 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,195. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,430.
WEM 1.04(7)(f)(f) For facilities submitting an inventory form listing 301 to 400 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,380. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,650.
WEM 1.04(7)(g)(g) For facilities submitting an inventory form listing 401 to 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,560. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,870.
WEM 1.04(7)(h)(h) For facilities submitting an inventory form listing over 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,745. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $2,090.
WEM 1.04(7)(i)(i) For temporary construction facilities, $35.
WEM 1.05WEM 1.05Surcharge.An owner or operator who fails to pay a fee under s. WEM 1.03 or 1.04 on or before its due date shall pay a surcharge of 20% of the unpaid balance of the fee due.
WEM 1.06WEM 1.06Exemptions, emergency planning notification fee.A facility is not required to pay a fee under s. WEM 1.03 if any of the following apply:
WEM 1.07(2)(2)A facility is not required to pay a fee under s. WEM 1.04 (7) (a) to (h) if it is a temporary construction facility or a batch plant reporting under s. WEM 1.04 (3) or (4) unless the batch plant chooses to file under s. WEM 1.04 (1).
WEM 1.07(3)(3)The facility is a facility at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale, and the fee is for gasoline or diesel fuel.
WEM 1.07(4)(4)The facility has sand, gravel or both on-site. If a facility has other hazardous substances present on-site in amounts pursuant to s. 323.60, Stats., the sand, gravel or both present does not count in the fee calculation. All other hazardous substances regulated under s. 323.60, Stats., shall be included in the calculation of the fee. Whether or not a fee is due, all hazardous substances regulated under s. 323.60, Stats., shall be reported.
WEM 1.07(5)(5)The facility has calcium chloride, sodium chloride, or calcium magnesium acetate, when used as road de-icing agents. If a facility has other hazardous substances present on-site in amounts pursuant to s. 323.60, Stats., the calcium chloride, sodium chloride, or calcium magnesium acetate, when used as road de-icing agents, do not count in the fee calculation. All other hazardous substances regulated under s. 323.60, Stats., shall be included in the calculation of the fee. Whether or not a fee is due, all hazardous substances regulated under s. 323.60, Stats., shall be reported.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.
