Chapter 168, PETROLEUM PRODUCTS AND DANGEROUS SUBSTANCES
25 sections in this chapter.
Wis. Stat. § 168.01 Definitions
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168.01 Definitions. In this subchapter: (1) “Department” means the department of agriculture, trade and consumer protection. (2) “Inspector” means a duly authorized petroleum products inspector of the department. (2s) “Person” includes any individual, sole proprietorship, partner…
Wis. Stat. § 168.04 Standards
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168.04 Standards. (1) The department by rule shall prescribe minimum product grade specifications for gasoline, automotive gasoline, gasoline-alcohol fuel blends, reformulated gasoline, as defined in s. 285.37 (1), and kerosene and may prescribe product grade specifications for a…
Wis. Stat. § 168.05 Inspection of petroleum products
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168.05 Inspection of petroleum products. (1) No petroleum product imported into and received in this state or received from a manufacturer or refiner or from a marine or pipeline terminal within this state may be unloaded from its original container except as provided under sub. …
Wis. Stat. § 168.06 Powers
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168.06 Powers. (1) For the purposes of administering this subchapter, inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates for tests and make inspections at any points within or without this state…
Wis. Stat. § 168.07 Inspections; requirements
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168.07 Inspections; requirements. (1) The inspector shall inspect each sample of petroleum product and if the inspector finds that it meets the minimum specifications prescribed by the department, the inspector shall issue an inspection certificate, except that inspections for pa…
Wis. Stat. § 168.08 Records
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168.08 Records. The department shall keep a record of each inspection made, showing: (1) Time and place of each inspection. (6) Name and address of person for whom inspection is made. History: 1995 a. 27; 2013 a. 20.
Wis. Stat. § 168.09 Authority to enter
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168.09 Authority to enter. Any inspector may enter in or upon the premises of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, during regular business hours to determine whether …
Wis. Stat. § 168.10 Access to records
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168.10 Access to records. Every agent or employee of any railroad company or other transportation company and every person transporting gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, having the custody of books or record…
Wis. Stat. § 168.105 Dispensing gasoline-ethanol fuel blends
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168.105 Dispensing gasoline-ethanol fuel blends. A dispensing device at a retail station may be used to dispense through the same fueling nozzle and hose gasoline-ethanol fuel blends containing greater than 10 percent and not more than 15 percent ethanol by volume, gasoline conta…
Wis. Stat. § 168.11 Identifications
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168.11 Identifications. (1) (a) Except as provided in par. (b), all devices used to draw petroleum products from storage containers at filling stations, garages or other places where petroleum products are sold or offered for sale shall be marked or labeled in a conspicuous place…
Wis. Stat. § 168.12 Fees for oil inspection
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168.12 Fees for oil inspection. (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 2 cents per gallon on all petroleum products that are received by a supplier for sale in this state or for sale for export to this state. The …
Wis. Stat. § 168.125 Reports; payment
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168.125 Reports; payment. Persons who are liable for the fee under this subchapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment …
Wis. Stat. § 168.128 Deposit of fees
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168.128 Deposit of fees. Revenues from one cent per gallon of the fee under s. 168.12 (1) shall be deposited in the transportation fund and revenues from one cent per gallon of the fee under s. 168.12 (1) shall be deposited in the petroleum inspection fund. History: 2019 a. 9.
Wis. Stat. § 168.13 Required records
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168.13 Required records. Every person receiving petroleum products in this state shall keep books and records of all petroleum products so received, together with bills of lading, waybills and other pertinent documents. Such books and records and other papers and documents shall,…
Wis. Stat. § 168.14 Misbranding
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168.14 Misbranding. (1) It is unlawful for any person to represent, advertise, promote for sale, offer for sale or sell any lubricating oil which is in part or wholly derived from previously used lubricating oil unless such representation, advertisement, sales promotion and the c…
Wis. Stat. § 168.15 Penalty
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168.15 Penalty. Every person who violates any provision of this subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this subchapter is a separa…
Wis. Stat. § 168.16 Duties of department
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168.16 Duties of department. (1) The department shall enforce this subchapter. Inspection districts shall be defined and numbered by the department. (2) Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated …
Wis. Stat. § 168.17 Attorney general and district attorney to prosecute
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168.17 Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this subchapter except the fee that is imposed under s. 168.12 (1). History: 1995 a. 27; 2013 a. 20. …
Wis. Stat. § 168.21 Definitions
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168.21 Definitions. In this subchapter: (1) “Combustible liquid” means a liquid having a flash point at or above 100 degrees fahrenheit and below 200 degrees fahrenheit. (2) “Department” means the department of agriculture, trade and consumer protection. (3) “Federally regulated …
Wis. Stat. § 168.22 Storage tanks
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168.22 Storage tanks. (1) Except as provided under subs. (2) to (5), every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopt…
Wis. Stat. § 168.23 Rules
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168.23 Rules. (1) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and…
Wis. Stat. § 168.24 Secondary containment requirements
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168.24 Secondary containment requirements. (1) In this section, “hazardous substance” means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance. (2) The department may not impose any requirement that specifies that pipe connections at the top of…
Wis. Stat. § 168.25 Enforcement
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168.25 Enforcement. (1) The department shall enforce this subchapter. (2) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this subchapter whenever, in the judgment of the department, the rules or st…
Wis. Stat. § 168.26 Penalties
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168.26 Penalties. Any person who violates this subchapter or any rule or order adopted under this subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this subchapter or any rule or order under this subchapter constitutes a separat…
Wis. Stat. § 168.28 Inventory of petroleum product storage tanks
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168.28 Inventory of petroleum product storage tanks. (1) DEFINITIONS. In this section: (a) Notwithstanding s. 168.01 (3), “petroleum product” means materials derived from petroleum, natural gas, or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petrol…