Wis. Admin. Code ATCP § ATCP 93.180

Current through November 25, 2024

Section ATCP 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.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.180

CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.

Adopted by, 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, eff. 11/1/2019

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."

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.