Section 79.07. Enforcement.

 

(1)   Inspections and access to the premises.

(a) Inspections. Under ss. 97.615 (2) and 97.65 (1) , Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any campground at any reasonable time, for any of the following purposes:

1. To inspect the campground.

2. To determine if there has been a violation of this chapter or s. 97.67 , Stats.

3. To determine compliance with previously written orders to correct violations.

4. To secure samples or specimens.

5. To examine and copy relevant documents and records related to the operation of the campground.

6. To obtain photographic or other evidence needed to enforce this chapter.

(b) Reinspections.

1. The department or its agent may reinspect a campground whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the campground.

2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.

3. A reinspection fee shall be charged for the reinspection based on Table ATCP 79.06 or applicable charges determined by an agent of the department.

4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess a second or subsequent reinspection fee based on Table ATCP 79.06 as authorized under s. ATCP 79.06 (2) (d) , and the department may order the operator to show just cause why the permit should not be suspended or revoked under s. ATCP 79.08 .

(2)   General orders to correct violations.

(a) Written orders. If upon inspection of a campground, the department or agent finds that the campground is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent as specified in par. (c) .

(b) Failure to correct a violation.

1. If a violation is not corrected by the expiration of the time period stated in the order given under par. (a) , or any extension of time granted under par. (c) , the department or agent may issue an order under s. ATCP 79.08 to suspend or revoke the permit to operate the campground. An order for suspension or revocation shall take effect as provided under s. ATCP 79.08 .

2. Under s. 97.12 (5) , any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under s. ATCP 79.09 .

(c) Requests for an extension to correct a violation.

1. The department or its agent may extend the time to correct a violation based on a determination of the seriousness of the violation, the operator's progress towards correcting the violation, and the operator's previous history of compliance.

2. To request an extension to correct a violation, the operator shall submit a written request to the department or agent before the time specified in the written order to correct the violation. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.

(3)   Temporary orders.

(a) Conditions for a temporary order. As provided in s. 97.65 (2) (a) , Stats., whenever, as a result of an inspection under sub. (1) , the department or its agent has reasonable cause to believe that an immediate danger to health or safety exists, the department or its agent may issue a temporary order without advance notice or hearing to do any of the following:

1. Prohibit the continued operation or method of operation of specific equipment.

2. Require that the premises or affected areas within the premises to cease operations and close until remedies are applied that eliminate the immediate danger to health or safety.

(b) Duration of a temporary order; actions prohibited.

1. A temporary order shall take effect upon delivery of the order to the operator or responsible supervisor. Except as provided in par. (c) , the temporary order shall remain in effect for 14 days from the date of its delivery, but a temporary order may be reissued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.

2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd. 1. has expired, whichever occurs first, unless as provided under par. (c) , the department or its agent provides notice that an immediate danger to health or safety is present. If upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.

(c) Notice of findings upon analysis or examination. If the analysis or examination under sub. (1) , shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par. (b) 1. , shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s. ATCP 79.09 . The notice shall include a statement that the facility has a right to request a hearing under s. ATCP 79.09 within 15 days after issuance of the notice.

(d) Failure to comply with temporary order; forfeitures and penalties. Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s. 97.65 (5) (a) , Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under s. ATCP 79.09 .

(4)   Action plans.

(a) When required by the department, its agent, or this chapter, the operator and the department or its agent shall develop, on a form provided by the department, an action plan for compliance. The action plan shall include all of the following:

1. A description of the violation and code citation.

2. The steps the operator will take to correct the violation.

3. The date compliance will be achieved.

(b) The department or its agent shall void the campground permit under s. ATCP 79.05 (5) (b) , if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.

CR 15-001 : cr. Register October 2015 No. 718 , eff. 2-1-16; correction of numbering in (1) (a) made under s. 13.92 (4) (b) 1. , Stats., Register October 2015 No. 718 ; renum. from DHS 178.07 Register June 2016 No. 726 ; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (3) (intro.), (c), (d), (4) (b) made under s. 13.92 (4) (b) 7. , Stats., Register June 2016 No. 726 .