Section 31.05. Violation of existing statute or rule; enforcement options.

 

(1)   Fertilizer and pesticide bulk storage; violation of existing rules. If, upon investigation under s. ATCP 31.04 (2) , the department finds that the concentration of a fertilizer substance or pesticide substance in groundwater has resulted from a violation of rules adopted by the department under s. 94.645 , Stats., the department may proceed against the violator using any of the following enforcement options, even if the concentration does not exceed an enforcement standard or preventive action limit:

(a) A court action to recover a civil forfeiture from the violator, as provided under s. 94.645 (5) , Stats.

(b) An administrative special order proceeding, as provided under s. 94.645 (4) (a) , Stats. Upon violation of a department special order issued under s. 94.645 (4) (a) , Stats., the department may seek an injunction under s. 94.645 (4) (b) , Stats., or a civil forfeiture under s. 94.645 (5) , Stats.

(c) A warning notice under s. 93.06 (10) , Stats.

(2)   Pesticide use; violation of existing statutes or rules. If, upon preliminary investigation under s. ATCP 31.04 (2) , the department finds that the concentration of a pesticide substance in groundwater has resulted from a violation of any provision of ss. 94.67 through 94.71 , Stats., or any rule adopted under s. 94.69 , Stats., the department may proceed against the violator using any of the enforcement options set forth under s. 94.71 , Stats., as appropriate, or may issue a warning notice to the violator under s. 93.06 (10) , Stats., as appropriate. The concentration of a pesticide substance in groundwater need not attain or exceed an enforcement standard or preventive action limit in order for the department to take enforcement action under this subsection.

(3)  This section does not limit the department's responsibility under ss. ATCP 31.06 and 31.07 .

History: Cr. Register, September, 1985, No. 357 , eff. 10-1-85.

Note

Rules adopted under s. 94.645 , Stats., to regulate fertilizer bulk storage are contained in ch. ATCP 33 . Rules adopted under s. 94.645 , Stats., to regulate pesticide bulk storage are contained in ch. ATCP 33 . Microsoft Windows NT 6.1.7601 Service Pack 1