ATCP 93.170(6)(6) Revocation. The department may revoke any petition for variance where it is determined that the variance was obtained through fraud or deceit or where the petitioner has violated the specific conditions on which the variance was approved.

ATCP 93.170 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (e) 2. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.175ATCP 93.175 Prohibited practices. Persons subject to this chapter are prohibited from the following:

ATCP 93.175(2)(2) Removal of or tampering with any red-tag without written authorization from the department or an authorized agent.

ATCP 93.175(3)(3) Installation or removal of any storage tank system without department or authorized agent approval.

ATCP 93.175(4)(4) Unauthorized altering or disabling of any system covered in this chapter.

ATCP 93.175(5)(5) Failing to maintain permits and financial responsibility for underground storage tank systems.

ATCP 93.175(6)(6) Failure to comply with an administrative order issued by the department or an authorized agent.

ATCP 93.175 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.180ATCP 93.180 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 168.26, Stats., and shall apply separately to each tank that is in violation of this chapter.

ATCP 93.180 NoteNote: Section 168.26, Stats., in coordination with 40 CFR 281.41, states, “Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense.”

ATCP 93.180 NoteNote: 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 HistoryHistory: 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(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)4.4. Appeals received after the appeal deadline shall be dismissed.

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 NoteNote: 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: