254.30 Enforcement; penalties.
(1) Enforcement.
(a) The department may enter, at any reasonable time, a dwelling or premises undergoing any lead hazard reduction to determine if all persons engaged in lead hazard reduction have been appropriately certified if required under s. 254.176.
(b) The department may report any violation of ss. 254.11 to 254.178 or rules promulgated, or orders issued, under those sections to the district attorney of the county in which the dwelling is located. The district attorney shall enforce ss. 254.11 to 254.178 and rules promulgated, and orders issued, under those sections. If a circuit court determines that an owner of a rented or leased dwelling or premises has failed to comply with an order issued under ss. 254.11 to 254.178, the circuit court may order the occupants of the affected dwelling or premises to withhold rent in escrow until the owner of the dwelling or premises complies with the order.
(c) Sections 254.11 to 254.178 do not limit the ability of the department to require abatement of human health hazards involving lead under s. 254.59.
(2) Penalties.
(a) Civil penalty. Any person who violates ss. 254.11 to 254.178 or rules promulgated, or orders issued, under those sections may be required to forfeit not less than $100 nor more than $5,000 per violation. Each day of continued violation constitutes a separate offense.
(b) Criminal penalty. Any person who knowingly violates any provision of ss. 254.11 to 254.178 or any rule promulgated, or order issued, under those sections shall be fined not less than $100 nor more than $5,000 per violation. The court may place the person on probation under s. 973.09 for a period not to exceed 2 years.
History: 1979 c. 221; 1987 a. 332; 1993 a. 27 s. 439; Stats. 1993 s. 254.30; 1993 a. 450; 2015 a. 55.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 254 - Environmental health.
254.015 - Departmental power; designation.
254.02 - Health risk assessments.
254.04 - Authority of department of safety and professional services.
254.12 - Use or sale of lead-bearing paints.
254.13 - Reporting requirements.
254.151 - Lead poisoning or lead exposure prevention grants.
254.152 - Delegation to local health departments.
254.156 - Definition of lead poisoning or lead exposure.
254.158 - Screening recommendations.
254.162 - Screening requirements.
254.164 - Care for children with lead poisoning or lead exposure.
254.166 - Response to reports of lead poisoning or lead exposure.
254.167 - Conduct of lead investigation.
254.168 - Lead investigations of facilities serving children under 6 years of age.
254.172 - Prevention and control of lead-bearing paint hazards in dwellings and premises.
254.174 - Technical advisory committees.
254.176 - Certification requirements.
254.178 - Accreditation of lead training courses and approval of lead instructors.
254.179 - Rules for dwellings and premises.
254.18 - Lead hazard reduction in dwellings and premises; renovations.
254.182 - Repayment to general fund.
254.19 - Asbestos testing fees.
254.20 - Asbestos abatement certification.
254.30 - Enforcement; penalties.
254.335 - Agreements with the U.S. nuclear regulatory commission transition.
254.35 - Registration of ionizing radiation installations.
254.365 - Licensing of radioactive material.
254.41 - Radiation monitoring of nuclear power plants.
254.52 - Lyme disease; treatment, information and research.
254.58 - Powers of villages, cities and towns.
254.59 - Human health hazards.
254.593 - Authority of the department and local health departments.
254.595 - Property violating codes or health orders.
254.92 - Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.