Section 146.12. Citations.

 

(1g)  The department may take appropriate enforcement action against any person who violates any of the provisions listed in sub. (1r) . The department shall consider the severity, duration, frequency, and environmental or health risks of the violation. The department will evaluate and address violations in accordance with the department stepped enforcement process. The department shall provide written notice of a violation and provide an opportunity to meet pursuant to s. 280.98 (4) , Stats., before issuance of a citation.

(1r)  Citations may be issued for violations relating to any of the following:

(a) Licensing and registration as provided in this chapter, ch. 280 , Stats. , or s. NR 812.26 (9) .

(b) Disinfection requirements, as provided under s. NR 812.22 (4) , 812.27 (5) , 812.41 (1) , or 812.42 (13) .

(c) Sampling and reporting requirements, as provided under s. NR 812.04 (2) , 812.09 (4) (a) 3. , 812.10 (11) or (12) , 812.22 (6) , (7) , (8) , (9) , or (10) , 812.26 (3) or (8) , 812.27 (6) , 812.41 (3) or (4) , 812.42 (13) , or 812.44 (3) or (4) .

(d) Water systems that were installed before February 1, 1991, as provided under s. NR 812.42 .

(e) Well or drillhole filling and sealing, as provided under s. NR 812.09 (4) (a) 5. or 812.26 .

(2)  Prior to issuing a citation under par. (b) , the department shall do all of the following:

(a) Issue a written warning outlining the violation.

(b) Schedule an enforcement conference with the alleged violator. The alleged violator is allowed to bring a representative to the enforcement conference.

(3)  If the alleged violator does not attend the enforcement conference or make alternative arrangements to the department's satisfaction, the department shall consider the requirement of s. 280.98 , Stats., to be met, and shall base its enforcement decision on all available information.

History: CR 13-099 : cr. Register September 2014 No. 705 , eff. 10-1-14; correction in numbering in (1g), (1r) made under s. 13.92 (b) (b) 1., Stats., correction in (1g) made under s. 13.92 (4) (b) 7. , Stats., Register September 2014 No. 705 .