Current through August 26, 2024
(1) CONTAINER SIZE;
GENERAL. No person may buy, sell or consign refrigerant in a container holding
less than 15 pounds of ozone-depleting refrigerant.
(2) SELLING NEW OR RECLAIMED REFRIGERANT. No
person may sell or consign new or reclaimed refrigerant, except to one of the
following:
(a) A person who sells or resells
that refrigerant in its original container, to persons identified under par.
(b). A sale or consignment does not violate this paragraph if the seller or
con-signor relies in good faith on a written statement from the buyer or
consignee that does all the following:
1.
Contains the legal name and business address of the buyer or
consignee.
2. Guarantees that the
buyer or consignee will sell or resell the refrigerant only in its original
container.
3. Guarantees that the
buyer or consignee will sell or resell the refrigerant only to persons
identified in par. (b).
(b) A technician.
(3) BUYING AND SELLING RECOVERED REFRIGERANT.
(a) No person may sell or consign recovered
refrigerant, except to one of the following:
1. A technician who sells or consigns the
recovered refrigerant to the operator of an approved reclamation facility for
reclamation at that facility, or who uses approved recycling equipment under s.
ATCP 136.12(3) to recycle the refrigerant
for reuse in mobile air conditioners.
3. An approved refrigerant reclamation
facility.
(b) Only the
following persons may sell or consign recovered refrigerant to a person in this
state:
1. A technician.
3. A person registered with the state of
Wisconsin, department of natural resources under ch. NR 488.
(c) No person may buy recovered
refrigerant in this state, or receive recovered refrigerant on consignment in
this state, from any person other than a person identified under par.
(b).
(4) SELLING
RECYCLED REFRIGERANT.
(a) No person may sell
or consign recycled refrigerant except to one of the following:
1. A technician who sells or consigns the
recycled refrigerant to the operator of an approved reclamation facility for
reclamation at that facility.
3. An
approved refrigerant reclamation facility.
(5) MISREPRESENTATIONS. No person may
represent any of the following, either directly or by implication:
(a) That used refrigerant is new
refrigerant.
(b) That used
refrigerant is recycled unless it meets applicable purity standards for
recycled refrigerant under s.
ATCP 136.14(1).
(c) That used refrigerant is reclaimed unless
it is reclaimed at an approved refrigerant reclamation facility and meets
purity standards for reclaimed refrigerant under s.
ATCP 136.14(2).
(d) That a substitute refrigerant may be used
as a replacement for a class I substance as defined in
42
usc 7671(3), or a class II
substance as defined in
42
usc 7671(4), unless the
person discloses the special repair and service requirements under s.
ATCP
136.16(4).
(6) USED REFRIGERANT; CONTAINERS AND
LABELING. No person may hold, sell or consign used refrigerant except in a
container that complies with standards adopted by the United States department
of transportation under
49 CFR
173.304. The container shall be clearly
labeled to indicate all of the following:
(a)
The type of refrigerant.
(b)
Whether the refrigerant is recovered, recycled or reclaimed.
(7) PURCHASE RECORDS. A person who
buys refrigerant or receives refrigerant on consignment shall keep an accurate
record of all the following:
(a) The legal
name and complete address of the person from whom that person purchased or
received that refrigerant.
(b) The
type and amount of refrigerant purchased or received.
(c) Whether, at the time of purchase or
receipt, the refrigerant was new, reclaimed, recycled or recovered.
Note: A purchaser or consignee may use purchase
or consignment invoices to comply with sub. (7) if the invoices contain all of
the information required under sub. (7).
(8) SALES RECORDS. A person who sells or
consigns refrigerant to another person shall keep accurate records of all the
following:
(a) The legal name and complete
address of the person to whom the refrigerant was sold or consigned.
(b) The type and amount of refrigerant sold
or consigned.
(c) Whether, at the
time of sale or consignment, the refrigerant was new, reclaimed, recycled or
recovered.
(d) A copy of any
written guarantee received under sub. (2) (a) from the buyer or consignee.
Note: A seller or consignor may use sale or
consignment invoices to comply with this subsection if the invoices contain all
of the information required under this subsection.
(9) AVAILABILITY OF RECORDS. A person
required to keep a record under sub. (7) or (8) shall retain that record for at
least 2 years, and shall make the record available for inspection and copying
by the department upon request.
