Current through August 26, 2024
(1) GENERAL. The department may issue an
order requiring a responsible person to take a corrective action. An order
under this subsection shall include all of the following:
(a) The name and address of the responsible
person.
(b) A description of the
property on which the responsible person is required to take corrective
action.
(c) A description of the
corrective action which the responsible person is required to take.
(d) A date by which the responsible person is
required to complete the corrective action.
(e) Notice that the corrective action is
required to comply with the following:
1.
Applicable department rules under chs.
ATCP
29 to
33 and this chapter.
2. Applicable rules of the department of
natural resources under chs.
NR
700, 706, 708 and 712 to 727.
Note: For corrective actions under this chapter,
the department is authorized to review compliance with chs.
NR
700, 706, 708, and 712 to 727, and to grant required
approvals and variances under those chapters on behalf of the department of
natural resources.
(2) SUMMARY ORDER.
(a) The department may issue an order under
sub. (1) on a summary basis, without prior notice or hearing, if the department
determines that a summary order is necessary to prevent imminent harm to public
health or safety or to the environment.
(b) If the recipient of a summary order under
par. (a) requests a hearing on that order, the department shall hold an
informal hearing within 10 days after the department receives the hearing
request unless the recipient of the order consents to a later date for the
informal hearing. If a contested matter is not resolved at the informal
hearing, the recipient of the order is entitled to a class 2 contested case
hearing under ch. 227, Stats., and ch. ATCP 1.
(c) The department is not required to stay a
summary order issued under par. (a) pending the outcome of a hearing under par.
(b). If, after a hearing under par. (b), the department determines that a
summary order under par. (a) was not justified, the department shall reimburse
the recipient of the order for reasonable corrective action costs necessarily
incurred by the recipient to comply with the unjustified order.
See ch. ATCP 1 for procedure related to administrative
orders and contested cases. Under s.
94.73(13),
Stats., a person who violates a corrective action order issued by the
department under this section is subject to a civil forfeiture of not less than
$10 nor more than $5,000 for each violation. Each day of continued violation is
a separate offense.
