Section 41.05. Sale by ton weight equivalent.

 

(1)  Each person distributing liming material by volume on a ton weight equivalent basis shall be responsible for the correct cubic yard capacity marking of all vehicles used to distribute liming material.

(2)  Persons desiring authority to distribute liming material by volume rather than weight, where weighing facilities are not readily available, shall submit requests for approval in writing to the department with the following information:

(a) Name and address of applicant.

(b) Number of vehicles to be employed in hauling liming materials.

(c) Ownership of vehicles.

(d) Cubic yard capacity of each vehicle.

(e) Location of loading sites and location of scales closest to such loading sites.

(f) Business locations from which the vendor wishes to sell by ton weight equivalent.

(3)  The department shall grant or deny a request for approval under sub. (2) within 20 business days after the request is filed with the department, provided that the request is accompanied by all requisite information and documentation. Unless otherwise specified in the notice of approval, all approvals for sale by volume shall expire on December 31 of each year. In the event of any change in vehicle usage or other data specified under sub. (2) during the period for which approval was granted, the department shall be notified of such fact and a supplemental request for approval shall be submitted within 15 days after such change. All temporary replacement vehicles used shall be marked to show cubic yard capacity as required by s. 94.66 , Stats.

(4)  The ton weight equivalent per cubic yard of each different liming material shall be determined by weighing one or more loads of known cubic volume of such material. The total weight is then divided by the cubic yards weighed to arrive at the ton weight equivalent per cubic yard.

History: Cr. Register, July, 1970, No. 175 , eff. 8-1-70; am. (3), Register, December, 1985, No. 360 , eff 1-1-86.