Section ATCP 35.02 - Corrective action order(1) GENERAL. The department may issue an order requiring a responsible person to take a corrective action. An order under this subsection shall include all of the following: (a) The name and address of the responsible person.(b) A description of the property on which the responsible person is required to take corrective action.(c) A description of the corrective action which the responsible person is required to take.(d) A date by which the responsible person is required to complete the corrective action.(e) Notice that the corrective action is required to comply with the following:1. Applicable department rules under chs. ATCP 29 to 33 and this chapter.2. Applicable rules of the department of natural resources under chs. NR 700, 706, 708 and 712 to 727. Note: For corrective actions under this chapter, the department is authorized to review compliance with chs. NR 700, 706, 708, and 712 to 727, and to grant required approvals and variances under those chapters on behalf of the department of natural resources.
(2) SUMMARY ORDER. (a) The department may issue an order under sub. (1) on a summary basis, without prior notice or hearing, if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. (b) If the recipient of a summary order under par. (a) requests a hearing on that order, the department shall hold an informal hearing within 10 days after the department receives the hearing request unless the recipient of the order consents to a later date for the informal hearing. If a contested matter is not resolved at the informal hearing, the recipient of the order is entitled to a class 2 contested case hearing under ch. 227, Stats., and ch. ATCP 1. (c) The department is not required to stay a summary order issued under par. (a) pending the outcome of a hearing under par. (b). If, after a hearing under par. (b), the department determines that a summary order under par. (a) was not justified, the department shall reimburse the recipient of the order for reasonable corrective action costs necessarily incurred by the recipient to comply with the unjustified order. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.02
Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1) (e) 1., 2., (2) (b) and (c), Register, September, 1998, No. 513, eff. 10-1-98.Amended by, CR 14-047: am. (1) (e) 2. Register, Register May 2015 No. 713, eff.6/1/2015 See ch. ATCP 1 for procedure related to administrative orders and contested cases. Under s. 94.73(13), Stats., a person who violates a corrective action order issued by the department under this section is subject to a civil forfeiture of not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.