Section 85.17. Storage of highway salt.

 

(1)   Definitions. In this section:

(a) “Highway salt" means bulk quantities of a chloride intended for application to highways during winter months, and includes mixtures in any proportion of sand and chlorides.

(b) “Waters of the state" has the meaning specified under s. 281.01 (18) .

(2)   Storage of highway salt. Every person who stores highway salt shall comply with the standards adopted under sub. (3) .

(3)   Standards. The department shall adopt by rule standards for the storage of highway salt for the purpose of protecting the waters of the state from harm due to contamination by dissolved chlorides. The rule shall comply with ch. 160 . The rule may include different standards for various types of chlorides, or for mixtures of sand and chlorides. The rule may not require the storage of mixtures of sand and chlorides in a building or structure. The rule may include different standards for various storage facilities and conditions, quantities of highway salt and times during the year when salt is stored. All standards under this section shall provide substantially similar protection for the waters of the state.

(4)   Information. The department may collect and publish information relating to this section and distribute it to municipalities and persons subject to this section.

(5)   Enforcement.

(a) The department shall enforce this section.

(b) The department may enter and inspect, during regular business hours, places where highway salt is stored on private or public property.

(c) The department shall conduct periodic inspections, at least once annually, of each location where highway salt is stored, to ascertain compliance with this section.

(d) The department shall issue special orders directing and requiring compliance with the rules and standards of the department adopted under this section whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.

(e) The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.

(6)   Penalty. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day that a violation continues is a separate offense.

1983 a. 410 ; Stats. 1983 s. 85.16; 1983 a. 538 s. 118 ; Stats. 1983 s. 85.17; 1995 a. 227 . Cross-reference: See also ch. Trans 277 , Wis. adm. code.