Section 447.19. Penalties.

 

(1)  The department may take appropriate enforcement action against any owner or operator of a demolition or renovation activity or any owner or operator of an active landfill, to which this chapter applies, that violates this chapter. Appropriate enforcement action includes letters of noncompliance, notices of violation, citations, referrals to the Wisconsin department of justice, and deferral or referrals to the United States environmental protection agency. Any enforcement action the department may take shall be based upon factors such as severity, duration, frequency and environmental or health risks of the violation.

(2)  Citations may be issued for any of the following:

(a) Failure to conduct any inspection under s. NR 447.06 (1) . The department may not issue a citation under this paragraph on the grounds that an inspection was not thorough.

(b) Failure to follow notification requirements of s. NR 447.07 (1) and (3) (a) , (b) and (c) .

(c) Failure to follow active waste disposal site requirements of s. NR 447.17 (1) to (4) , (5) (a) , (6) and (10) .

(3)  A citation may be issued which requires a forfeiture of not less than $500, nor more than $5,000, for each violation, except as provided in sub. (4) . Each day of continued violation is a separate offense.

(4)  When any owner or operator is found in violation of the regulatory requirements listed in sub. (2) by any court of this state, and the violation remains of record and unreversed, for any second or subsequent violation of the regulatory requirements listed in sub. (2) occurring within a 5-year period from the date of the prior adjudication, the minimum and maximum citation forfeitures shall be doubled.

History: CR 02-064 : cr. Register September 2003 No. 573 , eff. 10-1-03.