ATCP 93.180 Note Note: 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 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) (1) Hearings.

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) (b) Appeal requirements.

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 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) (d) Settlement agreement prior to hearing.

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.