Section 159.43. General provisions.

 

(1)   Departmental action. The department may initiate an action in the name of this state against any person for violating a provision of this chapter or to require compliance with this chapter.

(2)   Other agency action.

(a) If any other state agency, in the course of performing its duties, determines that a person has committed a violation of the certification requirements of this chapter or s. 254.20 , Stats., and notifies the department pursuant to s. 254.20 (10) (d) , Stats., the department may take enforcement action against that person under this subchapter based on the other agency's determination.

(b) If a local governmental agency, in the course of performing its duties, determines that a person has committed a violation of this chapter, s. 254.20 , Stats., or a local ordinance that adopts or incorporates all or part of this chapter, the department may take enforcement action against that person under this chapter based on the local agency's determination.

(3)   Authority to investigate.

(a) An authorized representative of the department may enter at any reasonable time any property in order to determine compliance with this chapter or s. 254.20 , Stats., where the department has reason to believe that at least one of the following applies:

1. A person is violating or has violated any provision of this chapter or s. 254.20 , Stats.

2. A regulated asbestos activity is being or has been conducted.

3. Asbestos waste or alleged asbestos waste is stored or disposed.

4. Business relating to regulated asbestos activities is conducted or records relating to a regulated activity are stored.

(b) The department representative may conduct tests, interview persons, take samples, review work practices, review and copy records, and conduct other activities to determine compliance with this chapter.

(c) An authorized representative of the department may conduct an onsite audit of a course to determine if an accredited training course meets requirements for accreditation.

(d) No person may refuse entry or access to any representative of the department authorized by the department to act under this subsection if that representative requests entry for the purposes of determining compliance with this chapter and the representative complies with par. (e) . No person required to maintain records under s. DHS 159.19 (7) may refuse to permit access to records, refuse to provide original records to, or refuse to copy or permit the copying of records for, an authorized representative of the department, if that representative complies with par. (e) . No person may obstruct, hamper, or interfere with the actions of the representative under this subsection.

(e) An authorized representative of the department entering the site of an investigation under this subchapter shall present identification and shall comply with applicable health and safety procedures established by law for persons engaged in asbestos abatement activities.

History: CR 08-036 : cr. Register February 2009 No. 638 , eff. 5-1-09.