ATCP 94.110ATCP 94.110Penalties, fees, and petitions for variance.
ATCP 94.110(1)(1)Penalties. Pursuant to s. 168.15, Stats., any person who violates any provision of this chapter shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter is a separate violation.
ATCP 94.110(2)(2)Fees. Fees for requested inspections, including complaint-driven inspections, shall be assessed in accordance with s. ATCP 94.410.
ATCP 94.110(3)(3)Petitions for variance.
ATCP 94.110(3)(a)(a) The department may grant a variance to a provision of this chapter. A separate petition for variance must be submitted to the department for each fuel type and shall include all of the following:
ATCP 94.110(3)(a)1.1. Requester’s name and address.
ATCP 94.110(3)(a)2.2. Type of business.
ATCP 94.110(3)(a)3.3. Product description, intended use and specification sheet.
ATCP 94.110(3)(a)4.4. Evidence that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned.
ATCP 94.110(3)(a)5.5. Reason for the request.
ATCP 94.110(3)(a)6.6. Signature and title of the requester.
ATCP 94.110(3)(a)7.7. Date of the request.
ATCP 94.110(3)(a)8.8. The fee of $300.
ATCP 94.110(3)(b)(b) The department will respond within 30 days of receipt of complete petitions.
ATCP 94.110 NoteNote: Form TR-WM-129 is available from the Bureau of Weights and Measures, at P.O. Box 8911, Madison, WI 53708-8911, or (608) 224-4942 or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 94.110 HistoryHistory: Cr. Register, July, 1980, No. 295, eff. 8-1-80; am. Register, October, 1984, No. 346, eff. 11-1-84; renum. (5) to be (5) (a) and cr. (5) (b), Register, April, 1985, No. 352, eff. 5-1-85; r. and recr. (1), Register, February, 1986, No. 362, eff. 3-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1995, No. 479; CR 03-011: r. and recr. (5) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.02 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.200, am. (1), (2), r. (3), (4) Register December 2010 No. 660, eff. 1-1-11; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 21-096: am. (title), (2), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 8., (b) Register February 2024 No. 818, eff. 3-1-24.
ATCP 94.120ATCP 94.120Definitions. In this chapter:
ATCP 94.120(1)(1)“Alternative liquid automotive fuel” includes all of the following:
ATCP 94.120(1)(a)(a) Mixtures containing more than 16.1 percent by volume of butanol or 15 percent by volume of methanol, denatured ethanol, other alcohols, or any combination thereof with gasoline or other fuels.
ATCP 94.120(1)(b)(b) Biodiesel over B5.
ATCP 94.120(1)(c)(c) Coal-derived liquid fuels.
ATCP 94.120(1)(d)(d) Other liquid automotive fuels not defined by this chapter.
ATCP 94.120(2)(2)“Automotive fuel rating” means:
ATCP 94.120(2)(a)(a) For gasoline, the octane rating.
ATCP 94.120(2)(b)(b) For an alternative liquid automotive fuel other than biodiesel, biomass-based diesel, biodiesel blends, biomass-based diesel blends, and ethanol flex fuels, the commonly used name of the fuel with a disclosure of the amount, expressed as the minimum percentage by volume, of the principal component of the fuel. A disclosure of other components, expressed as the minimum percentage by volume, may be included, if desired.
ATCP 94.120(2)(c)(c) For biomass-based diesel, biodiesel, biomass-based diesel blends with more than 5 percent biomass-based diesel, and biodiesel blends with more than 5 percent biodiesel, a disclosure of the biomass-based diesel or biodiesel component, expressed as the percentage by volume.
ATCP 94.120(2)(d)(d) For ethanol flex fuels, a disclosure of the ethanol component, expressed as the percentage by volume and the text “Use Only in Flex-Fuel Vehicles/May Harm Other Engines.”
ATCP 94.120(3)(3)“Automotive gasoline” means a type of gasoline suitable for use in spark ignition automobile engines and also commonly used in marine and non-automotive applications.
ATCP 94.120(4)(4)“Aviation gasoline” means a type of gasoline suitable for use as a fuel in an aviation spark- ignition internal combustion engine.