Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 79 - Campgrounds
Section ATCP 79.07 - Enforcement
Universal Citation: WI Admin Code ยง ATCP 79.07
Current through August 26, 2024
(1) INSPECTIONS AND ACCESS TO THE PREMISES.
(a)
Inspections. Under ss.
97.615(2) and
97.65(1),
Stats., an authorized employee or agent of the department, upon presenting
proper identification, may enter any campground at any reasonable time, for any
of the following purposes:
1. To inspect the
campground.
2. To determine if
there has been a violation of this chapter or s.
97.67,
Stats.
3. To determine compliance
with previously written orders to correct violations.
4. To secure samples or specimens.
5. To examine and copy relevant documents and
records related to the operation of the campground.
6. To obtain photographic or other evidence
needed to enforce this chapter.
(b)
Reinspections.
1. The department or its agent may reinspect
a campground whenever an inspection or the investigation of a complaint reveals
the existence of a violation that is potentially hazardous to the health and
welfare of patrons or employees of the campground.
2. A reinspection shall be scheduled to allow
the operator a reasonably sufficient time to correct the
deficiencies.
3. A reinspection fee
shall be charged for the reinspection based on Table
ATCP 79.06 or
applicable charges determined by an agent of the department.
4. If an additional reinspection is required
because a violation has not been corrected in the scheduled time, the
department shall assess a second or subsequent reinspection fee based on Table
ATCP 79.06 as
authorized under s.
ATCP 79.06(2)
(d), and the department may order the
operator to show just cause why the license should not be suspended or revoked
under s.
ATCP 79.08.
(2) GENERAL ORDERS TO CORRECT VIOLATIONS.
(a)
Written orders. If upon
inspection of a campground, the department or agent finds that the campground
is not designed, constructed, equipped or operated as required under this
chapter, the department or agent shall issue a written order to correct the
violation. The order shall specify the correction needed for compliance and the
time period within which the correction should be made. The time period
specified in the order may be extended at the discretion of the department or
agent as specified in par. (c).
(b)
Failure to correct a violation.
1. If a violation is not corrected by the
expiration of the time period stated in the order given under par. (a), or any
extension of time granted under par. (c), the department or agent may issue an
order under s.
ATCP 79.08 to suspend or revoke the license to operate the
campground. An order for suspension or revocation shall take effect as provided
under s.
ATCP 79.08.
2.
Under s. 97.12(5),
any person who fails to comply with an order of the department shall forfeit
$10 for each day of noncompliance after the order is served upon or directed to
him or her. A person may appeal a forfeiture under s.
ATCP 79.09.
(c)
Requests for an extension to
correct a violation.
1. The
department or its agent may extend the time to correct a violation based on a
determination of the seriousness of the violation, the operator's progress
towards correcting the violation, and the operator's previous history of
compliance.
2. To request an
extension to correct a violation, the operator shall submit a written request
to the department or agent before the time specified in the written order to
correct the violation. The operator shall provide information that demonstrates
to the department or its agent that corrective action has been initiated, but
additional time is needed to fully correct the violation.
(3) TEMPORARY ORDERS.
(a)
Conditions for a temporary
order. As provided in s.
97.65(2) (a), Stats., whenever, as a result of an
inspection under sub. (1), the department or its agent has reasonable cause to
believe that an immediate danger to health or safety exists, the department or
its agent may issue a temporary order without advance notice or hearing to do
any of the following:
1. Prohibit the
continued operation or method of operation of specific equipment.
2. Require that the premises or affected
areas within the premises to cease operations and close until remedies are
applied that eliminate the immediate danger to health or safety.
(b)
Duration of a
temporary order; actions prohibited.
1. A temporary order shall take effect upon
delivery of the order to the operator or responsible supervisor. Except as
provided in par. (c), the temporary order shall remain in effect for 14 days
from the date of its delivery, but a temporary order may be reissued for one
additional 14-day period if necessary to complete any analysis or examination
of samples, specimens, or other evidence.
2. No operation or method of operation
prohibited by the temporary order may be resumed without the approval of the
department or agent until the order has terminated or the time period specified
in subd. 1. has expired, whichever occurs first, unless as provided under par.
(c), the department or its agent provides notice that an immediate danger to
health or safety is present. If upon completed analysis or examination, the
department or agent determines that construction, sanitary condition, operation
or method of operation of the premises or equipment does not constitute an
immediate danger to health or safety, the department or agent shall immediately
notify the owner, operator or responsible supervisor in writing and the
temporary order shall terminate upon receipt of the written notice.
(c)
Notice of findings
upon analysis or examination. If the analysis or examination under
sub. (1), shows that the construction, sanitary condition, operation or method
of operation of the premises or equipment constitutes an immediate danger to
health or safety, the department or agent, within the effective period of the
temporary order specified in par. (b) 1., shall provide written notice of the
findings to the owner, operator or responsible supervisor. Upon receipt of the
notice, the temporary order remains in effect until a final decision is issued
under s.
ATCP 79.09. The notice shall include a statement that the
facility has a right to request a hearing under s.
ATCP 79.09 within 15 days after issuance of the notice.
(d)
Failure to comply with
temporary order; forfeitures and penalties. Any person who fails to
comply with a temporary order issued by the department shall forfeit $10 for
each day of noncompliance after the order is served upon or directed to him or
her and, under s.
97.65(5) (a), Stats., may be fined not more than
$10,000 or imprisoned not more than one year in the county jail, or both. A
person may appeal a forfeiture under s.
ATCP 79.09.
(4) ACTION PLANS.
(a) When required by the department, its
agent, or this chapter, the operator and the department or its agent shall
develop, on a form provided by the department, an action plan for compliance.
The action plan shall include all of the following:
1. A description of the violation and code
citation.
2. The steps the operator
will take to correct the violation.
3. The date compliance will be
achieved.
(b) The
department or its agent shall void the campground license under s.
ATCP 79.05(5)
(b), if the operator continues to be out of
compliance or fails to meet the objectives outlined in the action plan past the
date provided in the action plan.
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