299.53 Used oil fuel.
(1) Definitions. In this section:
(a) “Used oil" means any petroleum-derived or synthetic oil which, as a result of use or management, is contaminated. “Used oil" includes, but is not limited to, the following:
1. Engine, turbine and gear lubricants.
2. Hydraulic fluid, including transmission fluid.
3. Metalworking fluid, including cutting, grinding, machining, rolling, stamping, quenching and coating oils.
4. Insulating fluid or coolant.
(b) “Used oil fuel" means any fuel designated by the department by rule that contains used oil or is produced from used oil or from a combination of used oil and other material.
(2) Notification.
(a) A person who does any of the following shall notify the department of the location and description of each facility used and the description of the used oil fuel:
1. Owns or operates a facility that produces used oil fuel or a facility that recovers energy by burning used oil fuel.
2. Distributes or markets used oil fuel.
(b) The department may by rule exempt specific persons or facilities from the requirements of par. (a).
(3) Inspections and right of entry. Upon the request of any officer or employee of the department and with notice provided no later than upon the officer's or employee's arrival, any person subject to sub. (2) (a) shall permit the officer or employee access to vehicles, premises and records relating to used oil fuel at any reasonable time. An officer or employee of the department may take samples of any used oil fuel. The officer or employee shall commence and complete inspections with reasonable promptness. The officer or employee shall give the person a receipt for each sample taken and, upon request, half of the sample. The department shall promptly furnish the person with a copy of the results of the analysis of each sample and a copy of the inspection report.
(4) Enforcement; penalties.
(a) Compliance orders. If the department determines that any person is in violation of sub. (2) (a) or (3) or any rule promulgated under this section, the department may do one or more of the following:
1. Give the person written notice of the violation.
2. Issue a special order requiring compliance within a specified time period.
3. Refer the matter to the department of justice for enforcement under s. 299.95.
(b) Department of justice action; disposition. The department of justice may initiate the legal action requested by the department under par. (a) 3. after receipt of the written request. In any action commenced by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment or other final disposition of the case, consult with the department for the purpose of determining the department's views on final disposition. The department of justice may not enter into a final disposition different than that previously discussed without first informing the department.
(c) Penalties.
1. Any person who violates sub. (2) (a) or (3) or any rule promulgated or special order issued under this section shall forfeit not more than $25,000 for each violation.
2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000.
(d) Venue. Any action on a violation shall be commenced in the circuit court for the county in which the violation occurred. If all parties stipulate and the circuit court for Dane County agrees, the proceedings may be transferred to the circuit court for Dane County.
History: 1987 a. 384; 1995 a. 227 s. 644; Stats. 1995 s. 299.53; 1997 a. 283; 2001 a. 109.