RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 0 2007
STATE OF ILLINOIS
IN THE MATTER OF:
Pollution Control Board
PETITION OF STERICYCLE, INC.
FOR AN ADJUSTED STANDARD
FROM Ill. Admin. Code tit. 35 § 1422.111(B)(1);
§
1450.105(A)-(B); AND § 1450.200(E)
AS
08-2
Adjusted Standard
NOTICE OF FILING
To: Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE, that on December 20, 2007, we filed with the Office of the
Clerk of the Illinois Pollution Control Board an original and ten copies of the attached First
Amended Petition for, Adjusted Standard of Stericycle, Inc., and Waste Management, Inc., a
copy of which is hereby served upon you.
STERICYCLE, INC.
Jessi DeMonte, Esq. (Ill. No. 6288817)
Sq e, Sanders and Dempsey L.L.P.
Three First National Plaza
70 W. Madison, Suite 2015
Chicago, IL 60602
(312) 781-1123
jdemonte@ssd.com
1
CERTIFICATE OF SERVICE
I, the undersigned, on oath state that I have served on the date of December 20, 2007, the
attached Petition for Adjusted Standard, via Federal Express mail, upon the following:
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
Peter Orlinksy
Assistant Counsel, Northern Region
Illinois Environmental Protection Agency
9511 West Harrison Street
Des Plaines, Illinois 60016
4dIIIIIIIIIIII/w'•--
Or
• sica DeMonte
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
DEC 2 0 2007
STATE OF ILLINOIS
Pollution Control
Board
PETITION OF STERICYCLE, INC.
?
AS 08-2
FOR AN ADJUSTED STANDARD
?
Adjusted Standard
FROM III. Admin. Code tit. 35
§
1422.111(B)(1);
§
1450.105(A)-(B); AND
§
1450.200(E)
FIRST AMENDED PETITION FOR ADJUSTED STANDARD
Stericycle, Inc., as operator, ("Stericycle") petitions the Illinois Pollution Control Board
(the "Board") for an adjusted standard pursuant to Ill. Admin. Code 35 § 104.400
et seq.,
and
415 Ill. Comp. Stat. 5/28.1. Stericycle requests the Board grant an adjusted standard for Ill.
Admin. Code tit. 35 § 1422.111(b)(1); § 1450.105(a)-(b); and § 1450.200(e). This petition for
adjusted standard is submitted pursuant to Section 35(a) of the Illinois Environmental Protection
Act (the "Act") (415 ILCS 5/35(a)) and Part 104 of the Board's procedural rules (35 Ill. Admin.
Code § 104.100
et seq.).
Stericycle requests an adjusted standard from Illinois' requirement that Stericycle
manually weigh and record the weight of each load of Potentially Infectious Medical Waste
("PIMW") at its transfer station at 3801 S. Laramie Street, Cicero, Illinois 60804 (the "Facility").
Stericycle weighs all PIMW that is received at the Facility at Stericycle's facilities in Clinton,
Illinois, or Sturtevant, Wisconsin. Stericycle requests an exemption from the requirement that
each load of PIMW be weighed at the Facility with a device for which certification has been
obtained under the Weights and Measures Act (Ill. Rev. Stat. 1991, ch. 147, pars. 101
et seq.)
[225 Ill. Comp. Stat. 470]. Stericycle seeks to use weight measurement and recording data
generated at the Stericycle PIMW treatment facilities in Clinton, Illinois, and Sturtevant,
Wisconsin, for PIMW transporter fee calculation and other regulatory purposes in place of the
current scale and weight recording system at the Facility. The PIMW weight data collected at
the Clinton and Sturtevant facilities is more precise, is made contemporaneously with the receipt
of the PIMW at each facility, is recorded and available at the Facility daily and is transmitted
daily to Stericycle's corporate headquarters in Illinois.
Stericycle's proprietary BioTrack system gives it the ability to generate accurate "cradle
to grave" tracking and monitoring of all PIMW collected, transported, treated and disposed at
any Stericycle facility in the nation. The BioTrack system allows Stericycle to generate and
maintain all information necessary to comply with the procedural PIMW tracking regulations
that are the subject of this petition for adjusted standard. Accordingly, granting the requested
adjusted standard will not result in any potential or actual harm to human health or the
environment or any loss in PIMW transporter fee revenue to the State of Illinois.
Stericycle submits this First Amended Petition for Adjusted Standard in response to the
Order of the Board dated October 18, 2007. Stericycle responds to each of the information
IN THE MATTER OF:
1
requests made by the Board. Attached hereto as Exhibit A is a document summarizing where the
information responsive to each information request is set forth in this First Amended Petition.
I. PARTIES TO THE PROCEEDING
1.
Stericycle was founded in 1989 and now operates 45 treatment and collection facilities
throughout North America supported by 105 transfer stations. Stericycle is the largest
and only full-service medical waste provider in the United States, and the company has a
growing presence in Asia, Australia, the United Kingdom, Ireland and South America,
serving more than 339,000 customers worldwide.
2.
Stericycle has operated the Stickney PIMW transfer facility since November 4, 1997. In
addition to operation of the Facility, Stericycle maintains its corporate headquarters in
Bannockburn, Illinois. Waste Management has owned the Facility since the 1970s.
II. STANDARD FROM WHICH RELIEF IS SOUGHT -
4
104.406(a)
3.
Stericycle requests an adjusted standard for Ill. Admin. Code tit. 35 § 1422.111(b)(1), §
1450.105(a)-(b). These regulations require each load of PIMW arriving at the Facility to
be weighed on an Illinois-certified scale. The regulations additionally require that
Stericycle use a device certified by the Illinois Weights and Measures Act to weigh in
pounds any load of PIMW received at the Facility.' The regulations also require that
Stericycle maintain a Daily PIMW Report at the transporter's principal place of business
in Illinois or its corporate headquarters, which is in Illinois.2
4.
However, the regulations do not specify how the PIMW should be weighed (e.g., by
individual container or collectively; in fact, the term "load" is not defined) or how the
data should be recorded.
5.
Stericycle has met with Anna Van Orden, Environmental Protection Specialist, Division
of Land, and Beverly Albarracin, Permit Writer, from the Illinois Environmental
Protection Agency (the "Agency") to discuss the issues that are the subject of this
Petition. Prior to filing the Original Petition, Stericycle also consulted with Peter
Orlinsky of the Agency, and by email dated August 17, 2007, Mr. Orlinsky stated it was
the Agency's intention to recommend the adjusted standard be granted.
III. NATURE OF REGULATION OF GENERAL APPLICABILITY -
§
104.406(b)
6.
The primary purpose of the regulations for which the adjusted standard is sought is to
ensure the recording of PIMW transported in the State of Illinois for waste tracking and
fee generation purposes. Granting the adjusted standard will not reduce the accuracy or
consistency of Stericycle's PIMW weight measurement and recording data or procedures.
In fact granting the adjusted standard will ensure the consistency and precision of
1
35 III. Admin. Code § 1422.111(b)(1) (In order to reduce excessive document copying, documents attached to the
Original Petition for Adjusted Standard are not reproduced here unless specifically required.); § 1450.105(a)-(b); §
1450.200(e); and Condition 15 of Permit No. 1997-264-DE/OP, Supplemental Permit No. 2005-182-SP.
2
III. Admin. Code tit. 35 § 1450.103.
2
Stericycle's weight measurement and recording data. Moreover, granting the adjusted
standard will not reduce the ability of Stericycle and the State of Illinois to track PIMW
and determine accurate PIMW fees.
7. The
regulations for which the adjusted standard is sought are administrative in nature and
do not provide substantive protection of human health or the environment.
8. Stericycle does not believe the rules or regulations were promulgated in whole or in part,
to comply with the requirements of the Clean Water Act, the Safe Drinking Water Act,
the Comprehensive Environmental Response Compensation and Liability Act, or the
State programs implementing the Resource Conservation and Recovery Act,
Underground Injection Control or the National Pollution Discharge Elimination System.
IV.
SPECIFIED LEVEL OF JUSTIFICATION - 104.406(c)
9. The regulations of general applicability for which this adjusted standard is sought do not
specify a level of justification for an adjusted standard.
V. FACILITY AND PROCESS DESCRIPTION - 4 104.406(d)
10. The Facility is a 40-foot by 55-foot transfer facility within a 9.27 acre parcel in the
Southwest Quarter of the Southeast Quarter of Section 33, Township 39 North, Range 13
East, of the Third Principal Meridian, Cook County, Illinois. The Facility is permitted by
the Agency under Permit No. 1997-264-DE/OP and Supplemental Permit No. 2005-182-
SP issued on September 21, 2005.
11. Stericycle collects PIMW in sealed containers from approximately 8,000 individual
customer locations such as medical facilities, hospitals, clinics, veterinary hospitals,
outpatient surgery centers, dialysis centers and wound clinics across northern Illinois.
The sealed containers of PIMW are transported from the customer locations to the
Facility, where they are transferred from one truck to another. The Petitioner employs
approximately 23 people at the Facility. The Facility receives PIMW from customers in
and around the Chicago metropolitan area.
12. The Facility transfers approximately 33,500 pounds of PIMW in sealed containers daily.
The containers are not opened or compromised in any way during handling at the Facility.
Indeed, operations at the Facility consist entirely of moving the containers from one truck
to another.
13. Most of the PIMW containers transferred at the Facility are consolidated onto a larger
truck and shipped to Stericycle's facility in Sturtevant, Wisconsin ("Sturtevant"), within
all applicable regulatory timelines. Sturtevant is approximately 75 miles from the Illinois
Facility and approximately 20 miles across the Illinois state line. The street address for
Sturtevant is 14035 Leetsbir Road, Sturtevant, Wisconsin 53177. Sturtevant is located in
the SW 'A of the NE 'A of Section 24, Township 3, Range 21 East in Racine County,
Wisconsin. PIMW is treated at Sturtevant by Electro-Thermal Destruction in compliance
with all applicable federal, state and local laws rules and regulations, such that it does not
pose a threat to human health or the environment. After treatment at Sturtevant, the
3
waste is no longer considered to be PIMW. Stericycle maintains records sufficient to
prove that all PIMW received at Sturtevant is treated and disposed of in compliance with
all applicable rules and regulations.
14.
PIMW containers not transferred to Sturtevant are transferred to Stericycle's facility in
Clinton, Illinois ("Clinton"), where they are weighed in the same manner as in
Sturtevant. Clinton is located at RR 4, Box 243L, Clinton, Illinois 61727. Clinton treats
PIMW by incineration.
15.
The Clinton and Sturtevant facilities also accept sealed containers of PIMW from
facilities other than the Stickney transfer station. PIMW is transported directly to Clinton
and Sturtevant from generators in their respective service areas as well as from other
Stericycle transfer facilities. Typically, pathological and trace chemotherapy PIMW are
transferred to Clinton for incineration, and all other PIMW is sent to Sturtevant.
16.
All PIMW received at Sturtevant and Clinton can be tracked back to the generator,
through any transfer station such as the Facility, through the use of Stericycle's BioTrack
system, as described more fully below. This system allows each Stericycle facility to
account separately for PIMW containers transferred from the Facility or any other
Stericycle transfer station or generator.
17.
Each Customer whose waste is transferred through the Facility is identified in
Stericycle's state-of-the-art BioTrack system by route number and manifest. The
BioTrack system contains real-time records of the PIMW picked up from each generator,
including the name of the generator, the time, the number of containers, the type of
container, the driver and the route number. A manifest also accompanies the containers
of PIMW from each generator. Attached as Exhibit B is a sample report that can be
generated at any time at the Stickney facility.3
Data is downloaded on a daily basis from
the drivers PDT (a device similar to a UPS driver's scanner) and is accessible on any
Stericycle computer with a connection to the BioTrack system. Once the system is
updated, the information can be used to create a Daily Report.
18.
The Facility does not transport PIMW to any other facilities other than Clinton and
Sturtevant except in the event of an emergency or other unforeseen operational constraint
that would prevent such transport. However, in the event PIMW from the Facility
would need to be sent to another facility, all Stericycle facilities are connected to the
BioTrack system and use the same procedures for electronically tracking and recording
all required information. Therefore, any such equipment would also be trackable in the
same manner as shipments to Sturtevant and Clinton.
19.
Stericycle transports PIMW containers from the Facility to Sturtevant along the following
route:
Day route:
South on Interstate 55 until junction with Interstate 294;
The names and addresses of the individual customers have been redacted to protect customer confidentiality.
4
North on Interstate 294 until junction with Interstate 94;
North on Interstate 94 until Exit 335 to Wisconsin Highway 11 (Durand Avenue);
Exit onto Durand Avenue and travel east to SE Frontage Road;
Left onto SE Frontage Road and travel north to Old Hwy 11;
Left onto Old Hwy 11 and travel west to S. Sylvania Avenue;
Right onto S. Sylvania Avenue and travel north to Leetsbir;
Left at Leetsbir and travel west to Sturtevant.
Night Route:
North on Interstate 55 until junction with Interstate 90/Interstate 94 N;
North on I-90N / I-94N until junction with Interstate 94;
North on Interstate 94 until Exit 335 to Wisconsin Highway 11 (Durand Avenue);
Exit onto Durand Avenue and travel east to SE Frontage Road;
Left onto SE Frontage Road and travel north to Old Hwy
11;Left onto Old Hwy
11 and
travel west to S. Sylvania Avenue;
Right onto S. Sylvania Avenue and travel north to Leetsbir;
Left at Leetsbir and travel west to Sturtevant.
20.
Stericycle transports containers of PIMW from the Facility to Clinton along the following
route:
South on Interstate 55 South until junction with Interstate 74 E;
South on Interstate 74 E until Exit 135 to US-51 South;
South on US-51 until junction with Illinois Highway 10;
East on Highway 10 until junction with Magill Road;
Right on Magill Road and travel south to Clinton.
21.
Stericycle currently weighs each truck load of PIMW received at the Facility on a truck
scale owned by Waste Management and certified in Illinois.
4
The Facility manually
records the weight of each truck load of PIMW. However, due to daily operational
differences in truck weight such as amount of fuel on board, weight of the driver, etc.,
this weight measurement system at the Facility can be imprecise when compared to
weight data collected through the Bio Track system.
22.
A daily weight log is manually kept at the Facility for compliance with Illinois
regulations. However, this weight log is not used for internal billing purposes or for
determining appropriate transporter fees to be paid to the State of Illinois.
23.
While the daily weight log at the Facility is not used by Stericycle except for procedural
compliance with the Illinois regulations, Stericycle maintains and will continue to
maintain accurate records of the quantity and disposition of PIMW sufficient to comply
with all applicable regulations through the use of the BioTrack system and the weight
measurement and recording systems at the final treatment facilities (Clinton and
The most recent calibration report for the Waste Management scale at the Facility is attached as Exhibit G.
-5
Sturtevant). This information is available at Stericycle's corporate headquarters and the
Facility in electronic format.
24.
At the time of collection from the PIMW generator, Stericycle records the number, type,
and volume of the containers in cubic feet on the State of Illinois PIMW waste manifest.5
Pursuant to federal regulations, the manifest received at the Facility indicates the quantity
of PIMW in terms of the number, type, and cubic feet of the containers. The net weight of
PIMW for purposes of completing the manifest and determining the state fee is
determined when the PIMW is processed at either the Sturtevant or Clinton treatment
facility. When the PIMW arrives at a final treatment facility (Sturtevant or Clinton), a
Stericycle employee confirms the container is properly recorded in the BioTrack system,
identifies the container size and weight, calculates the fee, and completes the information
on the manifest.
25.
At the Facility, a paper log is manually maintained that indicates by route number the
PIMW that was collected and transferred to a designated trailer to be sent to one of
Stericycle's PIMW processing and treatment facility (Sturtevant or Clinton). Using the
log and the data in the BioTrack system, Stericycle tracks each container from the
generator, to the transport vehicle, to the vehicle onto which the PIMW is transferred and
stored, to the treatment and disposal facility. After transfer, the PIMW is scanned and
weighed again when it is unloaded at the final treatment facility (Clinton or Sturtevant).
In this manner Stericycle can track the shipment and maintain a record of the weight from
generator, to transfer station, to treatment facility, to final disposal.
26.
The Clinton and Sturtevant facilities are integrated into Stericycle's corporate BioTrack
system. As stated above, each container of PIMW arriving at Clinton and Sturtevant is
scanned and all generation and transportation information, including data documenting
that the PIMW was transferred from the Facility, is entered in BioTrack. Therefore,
using BioTrack, at each facility where the PIMW is processed Stericycle can account for
each container of PIMW transported from the Facility. The BioTrack system allows
Stericycle to determine and account for all PIMW received from each generator or
transfer station transporting PIMW to the treatment facility, when and how the PIMW is
treated, and when and how the PIMW is finally disposed. The BioTrack system
essentially gives Stericycle the ability to maintain "cradle to grave" tracking and
monitoring of all PIMW collected. Furthermore, the information in BioTrack is sortable
and searchable to allow Stericycle to obtain all the information needed to comply with the
Illinois regulations at issue. This is essential for Stericycle's compliance with not just the
rules that are the subject of this Petition for Adjusted Standard, but for all other
regulatory and safety considerations as well.
27.
Stericycle owns and operates automatic scale systems at Clinton and Sturtevant that
weigh each individual container of PIMW received. Each container of PIMW is
unloaded from the truck onto a conveyer belt. The customer label of each container is
scanned for tracking purposes and the container is conveyed to a scale where it is
automatically weighed. The Sturtevant scale is calibrated twice per year at a minimum, is
5
Attached hereto as Exhibit C.
6
certified by the State of Wisconsin Department of Agriculture, and has a certificate of
conformance pursuant to National Institute of Standards and Technology Handbook 44.
6
The Sturtevant scale system is maintained by Koehler Scale, Inc., 3475 Nemesis Avenue,
Waukegan, Illinois 60087. Koehler Scale is certified by the State of Illinois Department
of Agriculture, Bureau of Weights and Measures for registration of weighing devices.?
The Clinton scale also is regularly calibrated and is obviously subject to the jurisdiction
of the State of Illinois.
28.
Sturtevant operates under Wisconsin Department of Natural Resources Permit No. 3550.8
As required by the Wisconsin permit, each container of PIMW is weighed on the State of
Wisconsin-certified scale. Sturtevant's weight data collection system, which weighs each
container of PIMW individually, is more precise than the PIMW weight information
generated at the Facility. The Sturtevant system meets all national, Wisconsin and
Illinois standards. Moreover, the scale's computer data system automatically records the
weight of each container, unlike the manual log records at the Facility, so it is less prone
to human or mechanical error. Indeed, the weight information from the Sturtevant
system is used by Stericycle and Illinois to bill customers and determine transporter fees
payable to the State of Illinois.
29.
Stericycle is required by regulations to prevent leaks and losses occurring during
transportation from the generator to the Sturtevant and Clinton facilities.
See, e.g.,
35 Ill
Admin. Code § 1420.104(k) ("No person may cause or allow the discharge of PIMW
from a vehicle.");
see also, §
1421.121(a) ("PIMW...must be placed in a
container... [which] must be rigid; leak resistant; impervious to moisture; of a strength to
prevent tearing or bursting under normal conditions of use or handling; and sealed to
prevent leakage during transport.");
see also, §
1421.141(b) ("Packages of PIMW must
be transported only in enclosed compartments of vehicles that are secured against public
access when unattended...");
see also, §
1421.141(c) ("Vehicles...must be cleaned of
visible PIMW contaminations after each use; and in good repair when transporting
PIMW.").
30.
Stericycle's BioTrack system as described above allows Stericycle to detect and report
any losses of PIMW between the generator and final treatment. The BioTrack system
records the number of containers collected at the point of generation and again at the time
the container is weighed at the treatment facility. Any discrepancy between the number
of containers can thereby by detected. Stericycle provides extensive training to its
employees regarding the proper collection, transport and transfer requirements for PIMW.
Stericycle employees visually inspect each container of PIMW at the time of collection at
the generator, when it is transferred at the Stickney facility, and upon receipt at the final
treatment facility. Repeated visual inspection of the containers ensures detection of any
leaks or loss of PIMW.
6 The most recent scale calibration report indicating performance with NIST Handbook 44 is attached hereto as
Exhibit D.
See,
State of Illinois certification attached hereto as Exhibit E.
8
See,
Modification to Plan of Operation approved by State of Wisconsin Department of Natural Resources on
October 24, 2000.
7
31.
PIMW can pose a serious threat to human health or the environment in the event
infection material is discharged or allowed to contaminate the environment. It is for this
reason that Stericycle complies with all laws, rules and regulations regarding the
collection, transport, treatment and disposal of all PIMW, including all rules regarding
the clean-up of any spilled or discharged material. The potential effects of an undetected
loss include the threat of human exposure to pathogens or other infectious material; the
contamination of soil or groundwater by infectious material; and litter. Stericycle takes
the safety of human health and the environment very seriously, and any leaks or losses of
PIMW are treated accordingly. Stericycle has in place extensive policies and controls to
prevent leaks and to quickly and effectively respond when they occur.
32.
To comply with the regulations that are at issue in this adjusted standard petition,
Stericycle currently weighs each truckload of PIMW only as it arrives at the Facility.
The truck scale at the Facility measures the weight of each load of PIMW in 200 pound
increments (e.g., The load weighs 200 pounds.). However, Stericycle does not maintain a
database of transport vehicles and their base weights, and such factors can impact the
weight data along with the amount of fuel and the weight of the driver.
33.
For all other regulatory purposes, Stericycle determines the weight of each load of PIMW
by re-weighing each individual container of PIMW at either Sturtevant or Clinton, and
then utilizing the above-described BioTrack tracking features to account for all PIMW
transferred from the Facility. The Sturtevant scale measures the weight of each
container of PIMW in increments of one-tenth of a pound (e.g., The container weighs
15.9 pounds.).
34.
Because Stericycle uses the scales at Sturtevant to determine both amounts receivable
from its customers and amounts payable to state regulatory authorities, Stericycle has an
economic incentive to ensure the accuracy of the Sturtevant scales and the weights
recorded there.
35.
Furthermore, the Wisconsin Weights and Measures regulations, like the Illinois Weights
and Measures regulations, similarly adopt NIST Handbook 44 for the technical
requirements for commercial weighing and measuring devices.
See,
Wis. Admin. Code
ATCP § 9202,
compare,
8 Ill. Admin. Code § 600.330.
9
See also,
Wis. Stats. § 98.02
("The definitions of basic units of weight and measure, the tables of weight and measure,
and weights and measures equivalents, published by the national institute of standards
and technology, shall govern weighing and measuring equipment and transactions in this
state."). The Wisconsin regulations do not require the applicability of NIST Handbooks
105-1, 105-2, 105-3 or 105-4.
36.
The Facility does not discharge into any waterway or onto any land. There are no air
emissions from the Facility. The location of the nearest air monitoring station is not
applicable. There are no permitted discharges, emissions or releases of PIMW at the
Facility.
9
The Wisconsin and Illinois statutes are attached hereto as Exhibit F.
8
37.
Pollution at the Facility is controlled by the proper operation and handling of sealed
containers of PIMW. Petitioner Stericycle invests heavily in the proper training of all
employees who will handle PIMW, and safety is a paramount consideration. There is no
threat of pollution, discharge, emissions or release from operations at the Facility under
ordinary circumstances.
38.
Stericycle has not received any prior variance or adjusted standard for the Facility. To
the best of the Stericycle's knowledge no variance or adjusted standard was issued to any
of Stericycle's predecessors.
VI.
REQUIREMENTS FOR COMPLIANCE -
4
104.6(e)
39.
The Facility is in compliance with the rules and regulations for which the Adjusted
Standard is sought. The Facility achieves compliance by operating a truck scale owned
by Waste Management at the Facility. The Facility has been deemed to be in compliance
with Illinois rules by weighing each truck as it arrives at the Facility to determine the
weight in pounds of each load of PIMW. However, Stericycle uses weights measured and
recorded at the Sturtevant facility for paying fees to the State of Illinois, which is entirely
permissible under the Illinois regulatory scheme.
40.
As a result, Stericycle maintains duplicate weight recording systems. The weight of each
truck "load" of PIMW is recorded manually in a log at the Facility, while the weight of
each container is recorded electronically in Stericycle's computer system at the
Sturtevant or Clinton facility. The weight information generated in Sturtevant (and
Clinton) is transmitted daily to Stericycle's corporate headquarters in Illinois.
41.
While Stericycle believes that the Facility's scale system is not as precise as the
Sturtevant and Clinton weight measurement systems due to the larger increments it
utilizes (200 pound increments vs. one-tenth of a pound increments), Stericycle is
currently in compliance with the Illinois regulations of general applicability, which
require it to "accurately [weigh] any load of PIMW in pounds." 10
Additionally,
Stericycle is required to a weigh the PIMW "with a device for which certification has
been obtained under the Weights and Measures Act." Stericycle accurately weighs each
truck "load" on a device certified by the Illinois Weights and Measures Act. However,
Stericycle believes weighing the "load" in this manner does not provide the most precise
weight of PIMW due to the increments the scale uses and the variable factors that can
influence the weight data. Therefore, Stericycle
more
precisely weighs the PIMW by re-
weighing each individual container of PIMW and thus each "load" after transfer from the
Facility to Sturtevant or Clinton. In this way, Stericycle complies with both the letter and
the spirit of the regulations.
42.
While the scale at the Facility is not precise enough for determining fees and confirming
weights identified on PIMW manifest received, the scale meets the requirements of Ill.
Admin. Code § 1450.105(b). Stericycle also complies with Ill. Admin. Code §
10
35 III. Admin. § 1450.105(a).
9
1450.105(a) by accurately the PIMW containers at the final treatment facility.
Accordingly, Stericycle's billing needs do not necessitate at scale at the Facility that can
weigh individual containers.
43.
Moreover, the weight of the PIMW is measured and recorded at both Clinton and
Sturtevant, just as it would be if the PIMW was transported directly from the generator to
the treatment facility. Therefore, granting the Adjusted Standard will not make it any
more or less likely that there will be a leak or loss of PIMW during transportation, nor
will it make it any more or less likely that such a leak or loss will be promptly detected
and remediated in compliance with all applicable laws, rules and regulations.
44.
Theoretically, Stericycle could weigh each truck as it enters the Facility and re-weigh
each truck after it off-loads as an alternative to address variable weights of drivers and
fuels. This option is not only burdensome and time-consuming, but does not cure the
problem necessitating this Adjusted Standard. Even if Stericycle weighed each truck
loaded and unloaded, Stericycle would still be required to re-weigh each container of
PIMW after transport to Sturtevant or Clinton, and Stericycle would continue to use the
weight data from the treatment facilities for state fee generation and customer billing
purposes. Moreover, while weighing the truck before and after off-loading might
generate a marginally more precise weight for Illinois fee purposes (compared to the
current Facility process), such a process would not allow Stericycle to generate weight
information precise enough for customer billing purposes which requires each container
to be weighed individually due to the increments (200 pound increments) measured by
the Facility scale. Finally, the Facility system would still not under any circumstance
generate information as precise as weighing each PIMW container individually at the
treatment facility.
45.
Additionally, it is not possible for Stericycle to install a weight measurement system at
the Facility equivalent to the weight measurement system at Sturtevant. The footprint of
the Facility is too small to allow the installation of such a system. Even if it were
possible to construct such a system, it would be cost prohibitive. Installation would
require construction of loading and unloading dock, and the installation of additional
weight measurement and tracking equipment at a cost of approximately $250,000.
Operational costs of operating such a system could be approximately $390,000 per year.
46.
Furthermore, the cost and time to weigh each individual container of PIMW at the
generator pick-up location would also be prohibitive. To accomplish this task, Stericycle
would be required to either operate a scale certified by the Illinois Weights and Measures
Act at each customer facility – approximately 8,000 scales – or on each transport vehicle.
Additionally, Stericycle would incur significant operational costs for scale maintenance;
for inefficiencies in weighing each container at the time of pick-up; for training each
driver to operate and accurately operate the scale; and for other unanticipated costs. The
cost to install a scale in each vehicle or at each customer location would be
approximately $3,000 per scale. Operational costs could well exceed $390,000 per year.
VII. DESCRIPTION OF ADJUSTED STANDARD -
4
104.6(1)
47.
Stericycle seeks an adjusted standard from the weight measurement and recording
requirements generally applicable to transporters of PIMW. Stericycle requests an
exemption from the requirement that each load of PIMW be weighed with a device for
which certification has been obtained under the Weights and Measures Act (Ill. Rev. Stat.
1991, ch. 147, pars. 101
et seq.)
[225 Ill. Comp. Stat. 470].
48.
To effectuate the requested relief, Stericycle requests that the Board adopt the following
language as a Board Order:
"a. At the Stericycle facility permitted by the Agency under Permit No. 1997-264-
DE/OP and Supplemental Permit No. 2005-182-SP issued on September 21, 2005
(the "Stickney transfer station"), Stericycle shall weigh in pounds the amount of
PIMW received, unless 1) PIMW was previously weighed by the transporter, or 2)
the PIMW subsequently will be weighed at a facility designed to treat PIMW to
eliminate its infectious potential.
b.
The PIMW shall be weighed with a device for which a certificate of conformance
has been obtained pursuant to National Institute of Standards and Technology
Handbook 44. The PIMW may be weighed on a device outside the state of
Illinois, provided the device conforms with the standards set forth in this section.
c.
The Daily PIMW Report shall be maintained at the location where the PIMW is
weighed and at the transporter's corporate headquarters in Illinois.
d.
The Daily PIMW report shall be made contemporaneously with the receipt of
each load at a facility designed to treat PIMW to eliminate its infectious potential.
If the Daily PIMW report is generated at a facility outside the State of Illinois, the
Daily PIMW report shall be transmitted electronically to the Stickney transfer
station and its corporate headquarters at the close of each business day.
e.
The Daily PIMW report for the Stickney transfer station shall include all
information required by Ill. Admin. Code tit. 35 § 1450.200(c).
f.
It shall be a violation of the conditions of this Permit if a Daily PIMW report
cannot be produced by Stericycle within 24 hours of a request for such
information by the Illinois Environmental Protection Agency.
g.
Stericycle shall apply separately for a permit amendment to Section 15 of Permit
No. 1997-264-DE/OP and Supplemental Permit No. 2005-182-SP issued on
September 21, 2005, to effectuate the above-described changes.
h.
Immediately upon adoption of Adjusted Standard Case Number AS 2008-002,
Stericycle may change the method for weighing and recording PIMW shipments
as described herein. Stericycle is hereby granted interim authorization to operate
pursuant to AS 2008-02 pending approval of the permit amendment as described
above."11
49.
Stericycle will incur no additional costs to comply with the Adjusted Standard. Instead,
Stericycle will save approximately $42,000 per year by ceasing operation of the scale
system at the Facility. These savings include the costs to operate, certify and maintain
the scale and the additional costs of recordkeeping.
50.
If the Board grants the Petition for Adjusted Standard, Stericycle will not continue
weighing each truck as it arrives at the Facility, but will rely on weight information
generated at Sturtevant or Clinton for complying with the Illinois regulations.
51.
If the Petition for Adjusted Standard is granted, there will be no increased risk of harm to
human health and the environment from undetected loss of PIMW between the generator
and the Facility or between the Facility and either the Sturtevant or Clinton facilities.
VIII. IMPACT ON THE ENVIRONMENT -
§
104.6(g)
52.
There will be no environmental impact if the adjusted standard is granted.
53.
Granting of the adjusted standard will not result in any emissions, discharges, or release
of any constituent.
54.
There will be no qualitative or quantitative impact on human health and the environment
if the adjusted standard is granted.
55.
If the adjusted standard is granted, Petitioner Stericycle will continue to operate its
facilities in Illinois and Wisconsin in compliance with all applicable federal, state and
local laws, rules and regulations so as to minimize the chance for release or discharge of
any PIMW.
IX. JUSTIFICATION FOR ADJUSTED STANDARD -
§
104.6(h)
56.
It is within the authority of the Illinois Pollution Control Board to grant the requested
relief. Pursuant to the Environmental Protection Act, the Board has the authority to
conduct proceedings "upon other petitions for review of final determinations which are
made pursuant to this Act or Board rule and which involve a subject which the Board is
authorized to regulate. The Board may also conduct other proceedings as may be
provided by this Act or any other statute or rule."
I2 Importantly, the regulation allowing
the Board to grant an adjusted standard "shall not be construed so as to affect or limit the
authority of the Board to adopt, amend or repeal regulations specific to individual persons,
geographic areas or sites."13
"
If this interim authorization is not within the Board's authority, Stericycle requests that the Board disregard
Paragraph 47.h.
12
415 ILCS 5/5(d);
see also,
2 III. Admin. Code § 2175.600(11).
13
415 ILCS 5/28.1(h).
- 12 -
The rulemaking procedures of the IEPA set forth in Ill. Admin. Code § 1450 are final
determinations made under the Act which involve a subject that the Board is authorized
to regulate. The Act and the Illinois Administrative Code provide Board authority to
grant an adjusted to standard to rules of "general applicability."
14 Moreover, the Board is
not restricted in its authority to adopt or amend regulations specific to individual sites.
Accordingly, the Board has the authority to grant the adjusted standard as requested.
If the Board finds that it is not within the Board's authority to grant the adjusted standard
for all regulations set forth in this petition, Stericycle respectfully requests that the Board
grant the adjusted standard as to those regulations that are within its power to grant, and
deny this petition only with regard to the regulations that the Board deems outside its
authority.
57. As stated in Section IV of this petition, the regulations of general applicability do not
specify a level of justification for the adjusted standard. Section 28.1(c) of the Illinois
Environmental Protection Act allows the Board to grant adjusted standards in the absence
of a specified level of justification if the Board determines, based upon adequate proof by
the petitioner that:
a.
factors relating to the petitioner are substantially different from the factors relied
upon by the Board in adopting the general regulation applicable to that petitioner;
b.
the existence of those factors justifies an adjusted standard;
c.
the requested standard will not result in environmental or health effects
substantially and significantly more adverse than the effects considered by the
Board in adopting the rule of general applicability; and
d.
the adjusted standard is consistent with any applicable federal law.
58. The regulations of general applicability were adopted on December 3, 1992 pursuant to
regulatory rulemaking R91-20.
15
The rulemaking documents do not specifically address
the adoption of the requirement that PIMW be weighed on a scale certified by the State of
Illinois. However, Stericycle believes that the regulations were primarily concerned with
ensuring the accurate and consistent weighing of PIMW on an independently-certified
weight measurement system and the accurate recording of such data, which is important
for waste tracking and fee determination purposes.
59. In
the only reference to the rules of general applicability found in the rulemaking
documents, the Board quoted the Agency as promulgating § 1422.111(b) because:
"These requirements are necessary to meet the intent of the Act to reduce
the potential environmental and public health risks associated with
PIMW, since the permitted storage operation is not normally the
14
III Admin. Code tit. 35 § 28.1.
15 The rulemaking was attached to the original petition, but is not reproduced here.
-13-
generator of the waste. The owner or operator of the storage operation
does not possess the same knowledge of the waste as the generator and
does not maintain the same control over what is placed in the packages as
the original generator. In addition, safeguards are necessary because
PIMW is stored for varying lengths of time and under varying
conditions."16
Section 1422.111(b) contains standards for PIMW storage operations required to have a
permit. The rules in § 1422.111(b) prescribe general design and operating standards,
most of which have nothing to do with weight measurement or recording.
60.
Currently, Stericycle does everything necessary to comply with both the letter and the
intent of the Illinois regulations. Accurate weight information is generated and recorded
for all PIMW "loads" transferred at the Facility, and Stericycle is able to accurately and
rapidly track all PIMW from the generator to final disposition. Stericycle accurately
weighs the amount of PIMW received,
17
and it maintains in Illinois all information
required to be on the Daily PIMW report.
18
It even uses an Illinois scale as required.19
The only thing Stericycle is requesting by this petition is that it be allowed to forego the
requirement that it weigh and record each "load" of PIMW as it arrives at the Facility – a
step that is entirely unnecessary given Stericycle's otherwise rigorous and robust waste
data tracking and recording system.
61.
The factors relating to Stericycle are substantially different from the factors relied upon
in adopting the regulations of general applicability. As discussed above, the regulations
were concerned with ensuring the accurate and consistent weighing and recording of
PIMW weight information. The requirement that the weight measurement device be
certified under the Illinois Weights and Measures Act is to ensure that all weight
measurement systems are accurate and can be certified by an independent third party –
either a private scale certification company or state regulators. The rules did not
contemplate a transporter being required to operate dual weight measurement systems
simply because it was transporting PIMW a short distance across the state line. The rules
of general applicability apply differently because:
a. The regulations require Stericycle to operate and maintain duplicative
measurement and recordkeeping systems. The duplicative systems are not
necessary to accomplish the goals of the regulations to ensure the accurate and
timely measurement of PIMW weight information. Stericycle's BioTrack system
is able to track and record the PIMW from the generator to final disposal such that
it maintains control of all necessary information about the PIMW at all times.
Requiring PIMW be weighed at the Facility where the material is simply moved
from one truck to another does not generate any new or more precise information.
These duplicative systems require investment of time, effort, materials and
16
Proposed Rule, First Notice, Opinion and Order of the Board at 34. This document was attached to the Original
Petition. For the sake of conservation, an additional copy is not attached hereto.
" 35 III. Admin. § 1422.111(b) and § 1450.105(a).
18
§ 1450.200(e).
le
§
1422.111(b) and § 1450.105(b).
-14-
manpower which place an unreasonable economic burden on Stericycle. Granting
of the adjusted standard will allow Stericycle to reduce administrative costs
without reducing the accuracy or completeness of the weight measurement and
data recording system and without a detriment to human health or the
environment;
b.
The weight measurement system currently used at the Facility has inherent flaws,
as described above. The Clinton and Sturtevant facilities' weight measurement
system are much more precise and less susceptible to human error. Accordingly,
the weight measurement system at the Facility is not used for billing customers or
determining transporter fees to be paid to the State of Illinois. The rules of
general applicability apply differently because they require Stericycle to operate
and maintain a system that is not essential for proper waste tracking and is not
used for billing or state fee purposes.
c.
The requirement that all PIMW be measured at the Facility on a scale certified in
accordance with the Illinois Weights and Measures Act does not protect human
health or the environment, nor does it provide any additional assurance of
accurate weight measurement or recordkeeping for the PIMW. The regulations
were passed to ensure that PIMW was weighed on a scale that satisfied Illinois'
standards for accuracy. The standard is the same in Wisconsin. The rules of
general applicability apply differently because both Illinois and Wisconsin
require scales to conform with the National Institute of Standards and Technology
("NIST") Handbook 44. The NIST Handbook 44 has been adopted by 40 states,
including Illinois and Wisconsin. In those 40 states, the state regulations are
automatically updated any time changes are made to Handbook 44 such that the
rules remain consistent within all 40 states at all times.
d.
Sections 1450.105(a)-(b) were adopted to ensure the State of Illinois collected
proper fees pursuant to the Illinois Medical Waste Transporter Fee System. The
rules apply differently to Stericycle's Facility because the company does not use
weight data collected at the Facility for fee payment purposes. Stericycle uses the
more precise weight data from Sturtevant for both billing customers and making
payments to the State of Illinois. Because of the dual use of the weight
information, Stericycle has an economic and regulatory incentive to ensure the
most precise and consistent collection of PIMW weight data is used and thus
Stericycle relies on the weight measurement systems at the final treatment
facilities (Clinton and Sturtevant).
e.
The rules of general applicability require a Daily PIMW Report to be kept at the
Facility. As stated above, the Facility manually creates the Daily PIMW Report
based on the use of the truck scale at the Facility, which can be influenced by
variable factors, such as truck weight and fuel. However, the Sturtevant facility is
able to electronically transfer its PIMW weight information to both the Facility
and Stericycle's corporate headquarters in Illinois where the records can be
reviewed by Illinois regulators. The rules of general applicability apply
differently because Stericycle maintains weight information at Sturtevant in a
more precise and accessible manner than the manual log at the Facility.
Additionally, Illinois regulators have access to and can view Stericycle's PIMW
weight information without traveling outside the state of Illinois.
f.
Finally, in adopting the rules, it was apparently assumed that transfer stations
would transfer PIMW to other facilities in Illinois or to facilities not owned or
operated by the transporter or transfer station operator. Stericycle's interstate
operations allow it to operate an efficient network of collection, transportation and
treatment facilities across state lines. Stericycle's waste tracking system allows it
to track each container from generation to disposition. This allows Stericycle to
generate and maintain accurate and timely information regarding the quantity and
disposition of each load of PIMW without weighing each container arriving at the
Facility. The requirement that PIMW be weighed twice by different scales
applies differently to Stericycle than it would for a wholly intrastate operation or
to transporters, transfer stations and disposal facilities that operate independently.
g.
Presently, the Facility's scale meets the requirements for determining fees and
confirming weights identified on PIMW manifests received. However, using the
existing scale to weigh each container of PIMW with the accuracy required for
fee generation and customer billing purposes is not practicable and due to the
increments involved would not be as precise as the Sturtevant facility
measurements.
h.
It is not believed possible for Stericycle to implement a weight measurement
system at the Facility capable of precisely measuring each container of PIMW for
billing and fee calculation purposes because of location constraints, but even if it
could, it would require Stericycle to install costly and duplicative equipment at
the Facility to what is already in place in Sturtevant. The capital cost to install
such equipment is estimated to be approximately $250,000. Moreover, it would
be unnecessary because Stericycle weighs each container tracked to each
customer at the point of final treatment and disposal in any event. Furthermore,
such a scale at the Facility capable of weighing individual containers would not
be required for Stericycle's billing needs since one is already in place at the
Sturtevant facility.
In addition, setting up such a system at the Facility would require Stericycle to
weigh each individual container as each container is transferred from one
transport vehicle to another. This would create an additional and unnecessary
step into the transportation process, decreasing the efficiency of the operation and
the safety of human health and the environment.
k. Additionally, weighing each container will increase transfer time by creating a
bottleneck at the transfer facility. Instead of each incoming trucks being unloaded
directly to a transfer vehicle, each container would have to be weighed on the
scale before being transferred. This could create unnecessary delays between
collection of the PIMW from the generator and final treatment and disposal.
In summary, the factors relating to Stericycle are substantially and significantly
different from the factors relied upon by the Board and the Agency because
Stericycle has in place a full set of systems and controls necessary to comply with
all applicable rules and regulations – in spirit and in letter – yet is required to have
on additional step that is unnecessarily burdensome. Stericycle's robust safety
and waste tracking systems are designed to surpass all other regulatory standards
in Illinois and across the country, and granting the adjusted standard will allow
significant cost savings to Stericycle with no threat to human health or the
environment or decrease in accuracy of waste tracking or fee generation
information.
62.
The adjusted standard is justified because under rules of general applicability
Stericycle is required to maintain a duplicative administrative system that
provides no additional protection of human health or the environment; does not
increase revenues to the State of Illinois; and instead creates the possibility of
inaccuracies and inconsistencies.
63.
If the Board grants the adjusted standard there will be no adverse effect on human
health or the environment, nor will revenue to the State of Illinois be reduced.
The environmental and health effects of operations at the Facility will be exactly
the same if the adjusted standard is granted. The environmental and health effects
will not be substantially or significantly more adverse than the effects considered
by the Board in adopting the rule of general applicability.
X. CONSISTENCY WITH FEDERAL LAW - 104.6(4
64.
The Board may grant the adjusted standard consistent with federal law including the
Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the National Primary
Drinking Water Regulations, the Underground Injection Control Program, the Resource
Conservation and Recovery Act, and all federal regulations adopted pursuant thereto.
The Facility does not have any air emissions or water discharges, and granting the
adjusted standard will not impact air emissions, water discharges or public drinking water.
The Facility is not subject to regulation under the Underground Injection Control
Program or RCRA.
65.
The adjusted standard is consistent with federal law.
XI. WAIVER OF HEARING - 104.6(j)
66.
Stericycle has discussed this Proposed Adjusted Standard with the Illinois Environmental
Protection Agency, which has indicated it intends to recommend the Adjusted Standard
be granted barring unforeseen circumstances. Unless an objection is raised by the
Agency or a hearing is requested by a member of the public or an interested party,
Stericycle hereby waives hearing in this matter.
XII. SUPPORTING DOCUMENTS - 104.6(k)
67.
Supporting documents cited in this petition are attached hereto.
-17-
VII. CONCLUSION
Stericycle petitions the Illinois Pollution Control Board (the "Board") for a adjusted
standard from Ill. Admin. Code tit. 35 § 1422.111(b)(1); § 1450.105(a)-(b); § 1450.200(e).
Under the rules for which the adjusted standard is sought, Stericycle is required to maintain a
duplicative administrative system that provides no additional protection of human health or the
environment and does not increase revenues to the State of Illinois. This duplicative system
creates the possibility of inconsistencies while the Wisconsin-certified scales, which are used for
billing and fee-payment purposes, conform to the same standards as required by the State of
Illinois and are at least as accurate as the system in place at the Facility (and Stericycle believes
are, in fact, more precise). Accordingly, requiring strict compliance with the Illinois rules is an
unreasonable and arbitrary burden for Stericycle, and thus Stericycle respectfully requests that
the Board order this adjusted standard.
Respectfully submitted,
nte, Esq. (Ill. No. 6288817)
, Sanders and Dempsey L.L.P.
ee First National Plaza
70 W. Madison, Suite 2015
Chicago, IL 60602
(312) 781-1123
jdemonte@ssd.com
EXHIBIT A
Stericycle responds to the information requests from the Illinois Pollution Control Board as
follows:
ID-1:
Stericycle addressed the information request in Paragraph 61 of the Petition.
ID-2:
The Board has the authority to grant the Adjusted Standard as requested.
Stericycle addressed the information request in Paragraph 56. In Paragraph 48.h.
of the Petition, Stericycle requests that the Board allow interim authorization for
Stericycle to begin operating pursuant to the Adjusted Standard while Stericycle
separately pursues a permit modification. If this interim authorization is not
within the Board's authority, Stericycle requests that the Board disregard
Paragraph 41.h.
ID-3(1):
The street address for Sturtevant is 14035 Leetsbir Road, Sturtevant, Wisconsin
53177. Sturtevant is located in the SW 1/4 of the NE 1/4 of Section 24, Township 3,
Range 21 East in Racine County, Wisconsin.
Stericycle addressed the information request in Paragraph 13 of the Petition.
ID-3(3): Stericycle
addressed the information request in Paragraphs 15 & 18 of the
Petition.
ID-3(4): Stericycle
addressed the information request in Paragraphs 29 & 30 of the
Petition.
ID-3(5): Stericycle
addressed the information request in Paragraph 24 of the Petition.
ID-3(6):
A sample of the current manifest and instructions for completing the manifest are
attached to the Petition as Exhibit C.
ID-3(7): Stericycle addressed the information request in Paragraph 33 of the Petition.
ID-3(8):
A copy of the certification required by 35 Ill. Admin. Code § 1422.111(b)(1) is
attached as Exhibit E.
ID
-
4(1):
Stericycle complies with the regulation of general applicability. Stericycle
accurately weighs each "load" on a device certified by the Illinois Weights and
Measures Act, and then Stericycle
more
accurately weighs the PIMW by re-
weighing each individual container of PIMW after transfer from Stickney. In this
way, Stericycle complies with both the letter and the spirit of the regulations.
Stericycle addressed the information request more thoroughly in Paragraphs 39-
46 of the Petition.
ID
-
4(2):?
Stericycle addressed the information request in Paragraph 42 of the Petition.
ID
-
4(3):?
Stericycle addressed the information request in Paragraph 32 of the Petition.
ID
-
4(4):?
Stericycle addressed the information request in Paragraph 44 of the Petition.
ID
-
4(5):?
Stericycle addressed the information request in Paragraph 45 of the Petition.
ID-4(6):?
Stericycle addressed the information request in Paragraph 46 of the Petition.
ID-5(1):
?
Stericycle addressed the information request in Paragraph 49 of the Petition.
ID-5(2):?
Stericycle addressed the information request in Paragraph 50 of the Petition.
ID-5(3):
If the Petition of Adjusted Standard is granted, Stericycle will transmit the daily
PIMW report to its corporate headquarters in addition to transmitting it to
Stickney. Stericycle addressed the information request in Paragraph 48.d. of the
Petition.
ID-5(4):?
Stericycle addressed the information request in Paragraph 35 of the Petition.
ID-5(5):?
Stericycle addressed the information request in Paragraph 35 of the Petition.
ID-6:?
Stericycle addressed the information request in Paragraphs 29, 30, 31 & 43 of the
Petition.
ID-7(1):
?
A copy of the sample report with the names of customer's redacted for
confidentiality purposes is attached as Exhibit B.
ID-7(2):?
The certification that the Wisconsin scales meets the requirements of NIST
Handbook 44 is attached as Exhibit D.
ID-7(3):?
An updated and valid certification is attached as Exhibit E.
EXHIBIT B
Site
Pickup
Route
Route End
Cust ID
ID
Name
Addrl
Add r2
City
ST Zip
Manifest ID
Date/Time
Ctrs
Nbr
Time
00451 12
001
Name Redacted
Add. Redacted
Add. Redacted
Chicago
IL 60626 MDSTOO5UBL
1/2/07 6:35 AM
21 200
1/2/07 4:46 PM
0011795 001
Name Redacted
Add. Redacted
Add. Redacted
Chicago
IL 60626
MDSTOO5UB3
1/2/07 7:18 AM
6 200
1/2/07 4:46 PM
0045527 001
Name Redacted
Add. Redacted
Add. Redacted
Chicago IL
60626 MDSTOO5UC1
1/2/07 7:55 AM
1
200
1/2/07 4:46 PM
0045524 011
Name Redacted
Add. Redacted Add. Redacted
Chicago
IL 60626
MDSTOO5UCO
1/2/07 8:07 AM
1 200
1/2/07 4:46 PM
0016458 001
Name Redacted
Add. Redacted
Add. Redacted
Chicago
IL 60660
MDSTOO5UBH
1/2/07 8:45 AM
2 200
1/2/07 4:46 PM
0045991 001
Name Redacted
Add. Redacted
Add. Redacted Chicago
IL 60660
MDSTOO5U135
1/2/07 8:54 AM
1 200
1/2/07 4:46 PM
0011845
001
Name Redacted
Add. Redacted Add. Redacted
Chicago IL 60640 MDSTOO5UBC
1/2/07 8:59 AM
1 200
1/2/07 4:46 PM
2022235 515
Name Redacted
Add. Redacted
Add. Redacted
Chica g
o
IL
60660 MDSTOO5UBR
1/2/07 9:17 AM
1
200
1/2/07 4:46 PM
0013597 001
Name Redacted
Add. Redacted Add. Redacted
Chica
g
o IL
60660 MDSTOO5UBD
1/2/07 10:14 AM
10 200
1/2/07 4:46 PM
0045524 001
Name Redacted
Add. Redacted
Add. Redacted Chicago IL
60640
MDSTOO5UC2
1/2/07 10:49 AM
1 200
1/2/07 4:46 PM
0015434 001
Name Redacted
Add. Redacted
Add. Redacted Chica
g
o IL
60640 MDSTOO5UBG
1/2/07 11:06 AM
3
200
1/2/07 4:46 PM
0049121 001
Name Redacted
Add. Redacted
Add. Redacted Chicago
IL 60640 MDSTOO5UFM
1/2/07 1216 PM
3 200
1/2/07 4:46 PM
0015432
001
Name Redacted
Add. Redacted
Add. Redacted
Chica
g
o IL 60640 MDSTOO5UBF
1/2/07 12:35 PM
12
200
1/2/074:46 PM
2014576 001
Name Redacted
Add. Redacted
Add. Redacted Chicago IL
60614
MDSTOO5UBX
1/2/07 12:57 PM
1 200
1/2/07 4:46 PM
2004914 001
Name Redacted
Add. Redacted Add. Redacted
Chicago IL
60640 MDSTOO5UCI
1/2/07 1:09 PM
2 200
1/2/07 4:46 PM
2025209 001
Name Redacted
Add. Redacted
Add. Redacted Chicago IL
60640
MDSTOO5UHM
1/2/07 1:19 PM
1 200 ' 1/2/07 4:46 PM
0049076
001
Name Redacted
Add. Redacted
Add. Redacted
Chicago IL 60613
MDSTOO5UBU
1/2/07 1:39 PM
1 200
1/2/07 4:46 PM
0046479
001
Name Redacted
Add. Redacted Add. Redacted
Chicago IL
60613
MDSTOO5UBA
1/2/07 1:50 PM
4 200
1/2/07 4:46 PM
2029220
001
Name Redacted
Add. Redacted
Add. Redacted
Chicago IL
60613 MDSTOO5UAZ
1/2/07 2:27 PM
1
200
1/2/07 4:46 PM
2021438 001
Name Redacted
Add. Redacted
Add. Redacted
Chicago
IL
60613
MDSTOO5UBM
1/2/07 2:38 PM
1 200
1/2/07 4:46 PM
0046357
001
Name Redacted
Add. Redacted
Add. Redacted Chicago
IL 60613
MDSTOO5UB1
1/2/07 2:55 PM
1 200
1/2/07 4:46 PM
0044991 001
Name Redacted
Add. Redacted
Add. Redacted
Skokie
IL 60018 MDYK003ZT1
1/3/07 7:17 AM
1 200
1/3/07 3:19 PM,
0042884
001
Name Redacted
Add. Redacted
Add. Redacted
Skokie IL 60077
MDSTOO5UNV
1/3/07 7:31 AM
1
200
1/3/07 3:19 PM
0046452 001
Name Redacted
Add. Redacted
Add. Redacted Skokie
IL 60076
MDSTOO5UO3
1/3/07 7:40 AM
1 200
1/3/07 3:19 PM
EXHIBIT C
State
of
Illinois
Rod R. Blagoievich. Governor
Illinois Environmental Protection
Agency
this Agency
iS authorized
to
retteue this informaticn under the Illinois
ErIVIOnmenlal
Protection Act. III. Rev. Stat.. 108P, ch 111
112.
pars. 1001 et. seq. (*Ace) Section 4 and Public Act 87-
nal
752.
penalty
emending
according
the Act
lc
en
Section
active
44(a)
January
o' the
1
1992
Act This
Disclosure
form
?lea
of this
beren
information
approval by
is required.
the Forms
Failure
Management
to do so
Center.may
result
in a civil penalty according to Section 42(a)
or the
Act and a Orin.
Illinois Potentially Infectious Medical Waste Manifest
M2382001
1. HAULER
NAME AND ADDRESS:
2.3.PIMW
PHONE
HAULING
( ?
PERMIT
4.
LICENSE PLATE
?
STATE
5.NAME
?
(PRINT/TYPE)
?
SIGNATURE?
?
/
?
DATE/
?
6. NUMBER
OF CONTAINERS __ ____
.
7. TOTAL NET WEIGHT
?
(LBS)
?
? (CU.
FT.)
8. FEE DUE: LBS x $.03 = ?
9.
?
Acknowledgement of Fee (Signature)
10. GENERATOR
NAME AND ADDRESS:
12.11.
TYPE
PHONE
OF
(
?
WASTE: . _I
INFECTIOUS SUBSTANCE. AFFECTING HUMANS 6.2 UN2814
J
INFECTIOUS SUBSTANCE, AFFECTING ANIMALS 6.2 UN2900
J
REGULATED MEDICAL WASTE. N.O.S., 6.2, UN3291, PGII
GENERATOR'S CERTIFICATION:
I hareoy declare that the contents of this
cons■gnrnnt
are
fully and accurately described above by proper shipping name and are classified.
packed. marked. and labeled and are in all respects in wooer condition lot vanspon
by
highway according to applicable international and naliunal governmental regulettons.
13.NAME
?
(PRINT/TYPE)
?
SIGNATURE
?
/?
DATE
/?
14.
DESIGNATED FACILITY
NAME AND ADDRESS:
16.15.
IL
PHONE
FACILITY
( ?
ID NO,
17 NAME
?
(PRINT/TYPE)
?
SIGNATURE
?
DATE
18.
ALTERNATE FACILITY
NAME AND ADDRESS:
21.20.19.NAMEPHONE
IL FACILITY
?
(
?
ID NO.
(PRINT/TYPE)
?
?
SIGNATURE
?
DATE
22. ADDITIONAL INFORMATION:
23. DISCREPANCIES/CONTINUATION INFORMATION:
In case of a spill, call Illinois Emergency Management Agency (IEMA) at 800/782-7860
and the National Response Center at 800/424-8802 or 202/426-2675.
?
Printed oy Authorrt>, of
the Stale al
115008.52
IL 520 2072
ILLINOIS POTENTIALLY INFECTIOUS
MEDICAL WASTE MANIFEST
This manifest is to be used for the transport of potentially infections medical waste which is defined in
Public Act 67-752.
For shipments not originating in Illinois, if the generator's state requires a copy of the manifest, a
photocopy of part 1 should be sent to the generating state.
INSTRUCTIONS FOR COMPLETING MANIFEST
(Please type/print)
1.
Enter hauler company name and address.
2.
Enter company telephone number for hauler.
3.
Enter the hauling permit number given to transport potentially infections medical waste (PIMW).
4.
Enter the license plate number of the vehicle and the state the license was issued.
5.
The driver of the hauling company must verify the number of containers and weight, then
print/type name, sign (by hand), and date the manifest.
Retain company 3 for records.
6.
Enter the number of containers.
7.
Enter the total weight in pounds/cubic feet.
8.
Enter the fee due. Amount of fee is $.03 per pound.
9.
Hauler must sign to acknowledge number of containers and total fee due.
10.
Enter generator company name and address.
11.
Enter company telephone number for generator.
12.
Check type(s) of waste(s) that are being transported.
13.
An authorized representative of the generator's company must print/type name, sign (by hand),
and date the manifest.
Retain copy 4 for records.
14.
Enter the company name and address of the facility designated to receive the waste. This
includes transfer, storage and treatment facilities.
15.
Enter company telephone number for the designated facility.
16.
Enter the Illinois EPA ten-digit designated facility identification number.
17.
The facility must verify that all information is accurate and complete. An authorized
representative of the designated facility's company must print/type name, sign (by hand), and
date the manifest.
18.
Retain copy 2 for records. Send copy 1 (original) to the generator, within 35 days.
19.
Enter the name and address of an alternate facility (if applicable).
20.
Enter company telephone number for alternate facility.
21.
Enter the Illinois EPA ten-digit identification number for alternate facility.
22.
The alternate facility must verify that all information is accurate and complete. An authorized
representative of the designated facility's company must print/type name, sign (by hand), and
date the manifest. Retain copy 2 for records. Send copy 1 (original) to the generator within 35
days.
23.
If needed, enter additional description, handling information, or information/instructions for the
material checked in section 17.
24.
Enter/note any discrepancies.
EXHIBIT D
11/13/2007 13:27 FAX 1 262 251 4941
?
STERICYCLE INC
?
2 001
ICS/ 888.245.9945.
3475
KOEHLER
Nemesis Avg
SCALE,
Waukegan, IL
INC.
60087
Calibration Report AQV0002
Prepared For:
Customer:
Staityck, Int.
Address:
14035 lostsbir Road
Date of Calibration:
q
‘17 2C29
City:?
Stmtevie
?
State:
?
WI
Zip;
53171
Next Calibration Due:
Phone Number:
242.07815100
Technician:
Department:
Equipment
Tested
Identification #:
SC001
Location:
Report Number:
3
Manufacturer;
:emsell
Model
Number:
E
Serial Number:
N/A
Capacity*:
1,500 lb.
Division Size*:
1 lb.
Units of
Measure*
Lb.
Minas of mea
sure
used in timing of eqUIprnert
cut consistent unless
otherwise
neltes1—)
Performance Tests
?
Weight
Calibration
Value
?
?
Initial
Readings
Teat
?
?
Custo
Results
NIST
sono■
.1?
r11144
conform
SpecificationsT.N.3.1to:
?
Final
ReadingsTest
111111M1111111111111/4111111rWilE111111
?
_...
ME
LP
IIIIDKMIIIIMIIIMMIMINIWAEMIIIIIIVIIIIIIBIIWIAIIEIII
INWPAIIIIIIIIIMMIl
11111M1.11111111MIIIIIIIIIMIESIMINMIM
IIIIIMFACIMIIIMIIIIIIIIIIIMMEMIrlI
?
0
/
N
11111119=1111111111111V"IIIMIENIII
?
.46,
OW?
IIIMEIMII
Shift/Corner Load Tests
Section
Awaits conform to:
Weight Applied?
Initial Test?
NIST
HE44 T.N.3.1
Customer Specifications
Final Test
R eadings
Results coaform to:
NISI' 111144 T.N.3.1
Customer Specifications
1
/ Front
iftimmi
t
mmi4 /
N
drisM11.10
/ N
2 / Back
vaream
wefizi.
3 / Left
Kozzoi
IMF
?
111111111111M1111
4 /Right
IIWAIIIIIIIIIIIIIILKIIIIIIIIIMEIIIIIIIILMIIIIIIII/WJEIIIII
Comments:
Test Standards Used
corloself iseilowebolipse?
Sums -reel semis mesalnele.
0
501404 Lb. 0 1001 411002 Lb.
44193-202, 07R0-0709, W7334
.
4 /00-6
.
1 LIU 23A-35C Lb. CI 01RC Gr.
U 1
-734 & 734A Lb./07.
emtere•eemeemelo
ra F365 & 3654►
woe Mao mossolemoimbellodesseee
Lbithr. U 02702 Lb. CI
onesib
1-732
ire NWT.
& 733
eisolllooft
Kg.
elk
anolsoobillff vane
733A
ismod
14
ila
GI
gem ifbellaft
MOM
KS'
888.245.9945
KOEHLER SCALE; INC
Calibration Report 0401/0002
Prepared For:
Customer:
Unicycle, Lie.
City:
Startevent
?
State:
WI Zip:53177
Phone Number:
262.11711.51110
Department:
Date of Calibration:
Next Calibration Due:
Technician:-3
?
11/13/2007 13:28 FAX 1 262 251 4941 STERICYCLE
INC
?
oo2
3475 Nemesis
Ate
Waukegan, IL
60087
Address:?
14,35 Lootoblr Rood
Equipment Tested
Identification #: ?
MT 1003?
Location:
?
?
Out Banding?
Report Number:
2
Manufacturer:
?
Toledo?
Model Number:
?
Paean
?
Serial Number:
0005571-BR
?
6
Capacity*:
?
1,0$41?
or
measure
Division
used
?
in testing
Size*:
of equipment
?
4.1
are eonsistent
lb.
?
unless otherwise
Units
?
noted..)
of Measure* ?
Lb.
Performance Tests
Almnimmar
Calibration
Weight Value
411•Eloir
Initial
Test
Readings
Results conform to:
NIST HB44 T.N.3.1
Customer Specifications
Final Test
Readings
Results conform tor
NIST 11844 T.N.3.1
Customer Specifications
dmrammuirriirommo
NIM111111111M11111111111•111741.111
?11111M111111111,11
Wf
N
ShifUeorner Load 'Jests
Section
Weight Applied
Initial Test
Reams conform to
NIST 111144 T.N.3.1
Customer Specifications
Final
Test
Readings
Results
con67rm to:
MST HB44 T.N3.1
customer
spnclOmnions
1
/ Front
'1f)C7 k.
IIIIIIIIBMIIIIIIIIIIPMMIIIIILAIIIIIIWAZIIII
3
2
/
Left
/ Back.
4 / Right
01111111111111M11111111WANIIIIIIIIMIIIIIIIMMIIIIIE3111111111111MEIIIII
611111111ME1111
Comments.
Test Standards Used
ewe&
1.3 S01-504 Lb. U 1001 & 1002 Lb. ?
3193-2024 07R0-07119, W733-742,1430-61 LID 284-23C Lb. CI OIRC
O
1434
&
734A Lb./02. Cl 3365
&
365A LbJCIa. U (2702 Lb. U 1-732
&
733 Ng, (21 I-738 &735A Yrk Cha702 Kg.
AU loot mlodak media U Namibia MlawiMisholes tie ImeNsilo le Mr. CffirsErabir earrilaNy *Ina
gawalsi
Irma aglow
Calibration Report AQV0002
Prepared For:
Customer:
SWI
M* ible-
Address:
14035
Leetsbir
Road
City:
partevent
?
State:
WI
Zip:53177
Phone Number:
262310.5100
Initial
Test
Readings
Calibration
Weight Value
Results confirm to:
NIST BB44
Customer Specifications
.
Final Test
Readings
Results conform to:
MST I1B44 T.10.1
Customer Specifications
e ? ?
?
11111M1111
ihM1
IIIION1211111
?
111113/1111111
1111rafilE111111
100.
0
11111MUM1111111A111111111PACIM1111.9111111111111M
0
C9
11/13/2007 13:28 FAX 1 282 251 4941
?
STERICYCLE INC
?
eon
KS/
888.245.9845
3475
KOEHLER
Nemesis Ave.
SCALE,
Waukegan, /L.
INC.
60087
Date of Calibration: q?
'W-)
Next Calibration
Due:
Vaala„...
Technician: ?
?
Department:
Equipment Tested
Identification #:
_
WT40101
Location:
Main Building
Report Number:
1
Manufacturer:
Weight-Trait'
Model Number:
WI-13°
Serial Number:
00462
Capacity*: ?
SOO HP.
Division Size*:
0.1 b.
Units of Measure*.
Lb
('Units of measure used in toning. of cennemarit are
consistent unless otherwise noted-)
Performance Tests
Shift/Corner Load Tests
Section
I /Front
Weight Applied
00 % r
Initial
Test
1111111M11111111111101113111
Results conform to:
NIST H844 T.N.3.1
Customer Specifications
Final
Test
Readings
KO
1111110/113111111111011=
2 /Back
3 /
Left
4 /
Right
111117A1111.1=1.11111MEMIMMIIIIIIIIIMMIl
INN
111111111E1M_NMI
Comments:
Test
Standards Used
odorsetadws--.."---a==i?
itscala
q
NM -564
Lb.
q
1001
&
1002 Lb. Cr J193-202, 07110-07R9, V/7'33-742,1430-61
25445C
Lb. U OIRC
q
L734 & 734A Lb./OL
Al ew
0
limbo&
9'365
mil
&WM
a OM
1.b./Os
aftenalleas otrarkesibablECIO
a C27(13 Lb.
inseraes
q
I-733
1. raw.
&733
Caillsuim
Yg.
miumslaIMplealls
U 1.733&7351?
*MiA spas
q
ampast
113102 Kg
11/13/2007 13:28 FAX 1 262 251 4941
?
STERICYCLE INC
w. ?
13.374
34
alAartar
• fists
,
'SCALE
•
WetneriPIL
I
grow
The srrices ndi 'a
ged
have been performed to the satisfaction of
the .
1:18
tome and r the u d?
tied' gent
of
the customer.
6 4,..,1, t ?
CI' 1)-o)
,i t
ran
4
Signature
?
Date
•(/:'-/17.
Z;'
'
7--
Customer'■
?
Date
Calmer..
.0„?
fitioriavale. Ina.
Address: ?
1 4035 1 .0000)ir
Road
5:1177
Contact:
Special
losp
instructions:
ection
?
of
plait
?
Rin
icales tut par
AOV
Wino
4/032505MR1.
P.O. #
Date
Customer
Fiequired:
ID:
____Anak=1,E
?
Phone #:
?
262.873.5100
Type of See
0
9000/ AQV
Inspection / Calibration
Scheduled Inspection / Calibration
aIervice call Repair / Calibration
q
In shop Repair / Testing / Calibration
q
Sales / Delivery
q
IFtental
/
Lease
4• •
■•■
•
Scilicet
As Found:
Performed:
?
P
.
•
All
test weights and calibration procedures used meet or
exceed
the requirements of PT.I.S.T. Handbook 44 and state regulations.
I
TV. i PART NO.
/
DESCRIPTION
I?
UNIT
AMOUNT
Week Rescheduled
Work Complete
341-
Work Incomplete.
Regular Hrs:
?
Mileage:
Overtime:
rd'
Tax:
Total Parts: ?
Total
Mi3C,
AmOuni:i
Expenses:
?
?
EXHIBIT E
panssi
,
?
cn
sluawaimbal He
*sacsytap
law sey Auedwoo
Enigifipm
paweu
Jai ano
øqspg
?
411A1
Appao
uoge4sg3al
o; si
sNi
JOJ
uoHeimEtati joale3wpa3 Auedwoo ap
yuas pasaisPam
sem/seen pue sly6pm 40 neaing
soozinao
sai!dx3
*Loa
Jaq
iunN uoitemlfiam
ainzinopliy Jo waurpedea
J
O G
l
en
EXHIBIT F
Joint Committee on Administrative Rules
ADMINISTRATIVE CODE
TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER p: WEIGHTS AND MEASURES
PART 600 WEIGHTS AND MEASURES ACT
SECTION 600.330 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY HANDBOOK 44
Section 600.330 National Institute of Standards and Technology Handbook 44
Specifications, tolerances, and regulations for commercial weighing and measuring
devices recommended by the National Institute of Standards and Technology and
published in National Institute of Standards and Technology Handbook 44 and
supplements thereto or in any publication revising or superseding Handbook 44 shall be
the specifications, tolerances, and regulations for commercial weighing and measuring
devices of this State, except insofar as specifically modified, amended, or rejected by a
regulation issued by the Director
(Section 8 of the Weights and Measures Act [225 ILCS
470/8]). National Institute of Standards and Technology Handbook 44 is available from
the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.
20402. The following sections of the National Institute of Standards and Technology's
Handbook 44 shall not be adopted unless a different implementation date is specified:
a)
UR.2.2. Ticket Printer; Customer Ticket in Sec. 3.31 Vehicle-Tank Meters
User Requirements.
b)
Sec. 5.56.(a) Grain Moisture Meters. Sec. 5.56.(a) shall be effective
January 1, 2000. The applicability date for Section 5.56.(b) Grain Moisture
Meters is extended until the implementation of Sec. 5.56.(a).
(Source: Added at 22 III. Reg. 1141, _effective January 1, 1998)
Electronic reproduction of 2005-06 Wis. Stats. database, updated and current through August 31, 2007 and 2007
Wis. Act 19.
I Updated 05-06 Wis. Stats. Database
Not certified under s. 35.18 (2), slats.
?
WEIGHTS AND MEASURES 98.05
CHAPTER 98
WEIGHTS AND MEASURES
98 01
Definitions.
9K.146
Licensing milk weighers and samplers.
95.02
Systems
or
weights and measures; special units.
90.15
False testing.
95.03
State standards; specifications and tolerances.
98.16
Licensing of vehicle scale operators.
98 04
Municipalities.
98.18
Installing and servicing weights and measures.
95.05
Enforcement authority; measurement center laboratory.
98.21
Salc of bread.
98.06
Method of sale
of
commodities.
98.22
Bulk delivo ies sold in terms of weight and delivered by vehicle.
95.07
Declaration of quantity.
98.225
Deliveries
or
certain liquid fuels.
98.08
Price refunds; price information.
98.245
Liquefied petroleum gas sales.
98,12
Sale of ice cream and similar frozen products.
98.246
Petroleum product sales.
98.13
Milk or cream tests; samples: patrons' statement.
98.25
Vehicle scales;?annual testing.
98 14
Standardization of Babcock pipettes.
90.26
Prohibited acts: penalty; injunction.
98.145
Licensing of milk and cream testers.
Cross —reference: Sec definitions in s 93.01
98.01 Definitions. As used in this chapter, unless the context
requires otherwise:
(1)
"Incorrect" as applied to weights and measures and com-
modities includes any failure to comply with the requirements of
this chapter or rules issued thereunder.
(2)
"Inspector" means a state inspector of weights and mea-
sures.
(3)
"Municipality" means a city or village.
(4)
"Scaler" and "deputy sealer" means a scaler of weights
and measures and deputy sealer of weights and measures of a
municipality, respectively.
(5)
"Sell", "sale" and "sold" include barter or exchange, and
any offering or exposing for sale or possession with intent to sell.
(6)
"Weight" means net weight when used in reference to a
commodity.
(7)
"Weights and measures" means weights and measures of
every kind, instruments and devices for weighing and measuring,
and any appliances and accessories used with any or all such
instruments and devices, except meters for the measurement of
electricity, gas (natural and manufactured) or water when the same
arc operated in a public utility system.
History: 1983 a. 109.
98.02 Systems of weights and measures; special
units.
(1) The system of weights and measures in customary use
in the United States or the metric system of weights and measures
shall be the only systems used for commercial purposes in this
state. The definitions of basic units
of weight and measure, the
tables of weight and measure. and weights and measures equiva-
lents, published by the national institute of standards and technol-
ogy, shall govern weighing and measuring equipment and transac-
tions in this state.
(2) The term "barrel", when used in connection with fer-
mented malt beverages, means a unit of 31 gallons. The term
"ton" means a unit of 2,000 pounds avoirdupois weight. The term
"cord", when used in connection with wood intended for filet pur-
poses, means the amount of wood that is contained in a space of
128 cubic feet when the wood is ranked and well stowed.
History: 1981 c. 79; 1989 a. I65.
98.03 State standards; specifications and tolerances.
(1)
Weights
and measures obtained by the state as standards and
certified for use as such by the national institute of standards and
technology shall be the state standards of weight and measure.
They shall be in the custody of the department and shall be used
only for verification of other standards.
(2) The department may issue rules governing the construc-
tion, installation and use of commercial weights and measures and
prescribing tolerances therefor. The specifications, tolerances
and regulations for commercial weighing and measuring devices
issued by the national institute of standards and technology shall
apply in this state except as modified by such rules.
History:
1989 a. 165.
Cross Reference: See also ch. ATCP 92, Wis. adm. code.
98.04 Municipalities.
(1) Except as provided in sub. (2), a
municipality having a population of more than 5,000, according
to the most recent population estimate made by the department of
administration under s. 16.96, shall enforce the provisions of this
chapter within its jurisdiction. For this purpose, .a municipality
shall establish a municipal department of weights and measures.
Each municipal department of weights and measures shall have
such number of qualified scalers or inspectors as will ensure com-
pliance with this chapter. Municipal sealers or inspectors shall
have the same authority as sealers or inspectors of the department
of agriculture, trade and consumer protection. The selection of
municipal sealers or inspectors shall be from a list of applicants
whose qualifications have been certified by the state or local civil
service agency under the rules of the agency. The municipality
shall procure and keep at all times a complete set of standards of
weight and measure conforming to the state standards and shall
submit the standards for certification at regular intervals as
required by the department of agriculture, trade and consumer
protection. The municipality shall keep a complete record of its
work and annually shall file a report thereof with the department
of agriculture, trade and consumer protection. The municipality
may enact ordinances that regulate weights and measures and that
are not in conflict with this chapter or the rules of the department
of agriculture, trade and consumer protection. The municipality
may assess fees that do not exceed the actual cost of its weights
and measures program.
(2) A municipality that is required to establish a department of
weights and measures under sub. (I) may contract with the depart-
ment of agriculture, trade, and consumer protection to enforce the
provisions of this chapter within the municipality's jurisdiction
instead of establishing its own department if the department of
agriculture, trade and consumer protection agrees to enter into
such a contract. The department of agriculture, trade and con-
sumer protection may charge the municipality fees sufficient to
cover the department's costs tinder the contract. A municipality
may recover an amount not to exceed the cost of these fees by
assessing fees on the persons who receive services under the
weights and measures program.
History: 1953 a. 230; 1997 a. 27; 1999 a. 9.
98.05 Enforcement authority; measurement center
laboratory.
(1) There is hereby conferred upon scalers and
inspectors of weights and measures, police power; such sealers
and inspectors shall be provided with suitable badges or insignia
of authority and in the exercise of their functions shall exhibit the
Text from the 2005-06 Ms. Stets. database updated by the Revisor of Statutes. Only printed statutes are certified under s. 35.18
(2), stets. Statutory changes effective prior to 9-2-07 are printed as If currently in effect. Statutory changes effective on or after
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://www.legis.state.wi.usirsb/
Electronic reproduction of 2005-06 Wis. Stats. database, updated and current through August 31, 2007 and 2007 Wis. Act 19,
Updated 05-06 Wis. Stets. Database?
2
98.05
?
WEIGHTS AND MEASURES
?
Not certified under x. 35.18 (2), slats.
same. upon demand, to any person questioning their powers, and
they are hereby empowered and authorized to make arrests, with
or without formal warrant, of any persons violating any 'statute
relating to weights and measures.
(2)
Sealers or inspectors may enter and go into or upon any
structure or premises, and may stop any person or vehicle for the
purpose of enforcing this chapter. They shall inspect and test any
weights and measures or commodities which are sold or used
commercially as often as necessary to secure compliance with this
chapter, and may seize as evidence, or reject and mark or tag as
"rejected" those which arc incorrect. A representative sample
may be used as the basis to determine whether any lot is incorrect.
(3)
Weights and measures and commodities that have been
rejected may be confiscated and destroyed by a sealer or inspector
if not corrected within 30 days or such longer period as the sealer
or inspector may authorize, or if used or disposed of without the
sealer's or inspector's written authorization.
(4)
Scalers or inspectors may seal or mark with appropriate
devices such weights and measures as arc found upon inspection
and test to be in conformance with this chapter.
(5)
The department shall:
(a)
Establish and maintain a measurement center laboratory for
the testing and calibration of weights and measures; and
(b)
Fix and collect charges sufficient to cover the cost for the
testing
and calibration done in the. measurement center laboratory.
History: 1993 a. 16, 492.
98:06 Method of sale of commodities.
(1) Commodities
in liquid form shall be sold by liquid measure and commodities not
in liquid form shall be sold by weight but liquid commodities may
be sold by weight and commodities not in liquid form may be sold
by count or measure if such methods are in general use and give
accurate information as to the quantity of commodity sold.
(2) (a) Berries and small fruits may be sold by measure only
if in containers having capacities of one–half dry pint, one dry pint
or one dry quart.
(b) !fa commodity is packaged in an aerosol container, it shall
be sold by weight including the propellant.
(3)
This section shall not apply to commodities sold in com-
pliance with a state or federal law which prescribes another
method of sale, or to commodities sold for immediate consump-
tion on the premises where sold.
History: 1999 a 83.
Cross Reference: Sac also ch. ATCP 91, Wis. adm. coda.
98.07 Declaration of quantity. (1)
No commodity which is
marked, tagged or labeled, or for which a sign is displayed, with
a selling price, shall be sold unless the weight, measure or count
of the commodity is conspicuously declared on the commodity or
its tag, label or sign, but a declaration of count is not required if
the selling price is for a single unit, or a set or combination of com-
modities customarily sold to and understood by consumers as a
single unit, or if the commodity is packaged prior to sale and the
package contains 6 units or less which can be easily counted with-
out opening the package.
(2) No commodity shall be wrapped or its container made,
formed or filled so as to mislead the purchaser; nor shall the quali-
fying term "when packed", or the terms "jumbo", "giant" of
"full", or words of similar import that tend to mislead the pur-
chaser as to the amount of the commodity, be used in connection
with a declaration of quantity.
(3)
With respect to commodities packaged prior to sale, the
department shall issue rules permitting reasonable variations front
declared quantity which unavoidably occur in good packaging
and distribution practices.
(4)
In order to prevent consumer deception, the department
shall prescribe, by rule, standards for determining and declaring
weight, measure or count, including the conspicuousness of quan-
tity declarations.
History: 1975 c. 308.
Cross Reference: See also chs ATCP 90, 91, and 92, Wis. adm coda,
98.08 Price refunds; price Information.
(1) A person
who uses an electronic scanner to record the price of a commodity
or thing and who sells the commodity or thing at a price higher
than the posted or advertised price of that commodity or thing at
least shall refund to a person who purchases the commodity or
thing the difference between the posted or advertised price of the
commodity or thing and the price charged at the time of sale.
(2) A person who sells a commodity or thing and who uses an
electronic scanner to record the price of that commodity or thing
shall display, in a conspicuous manner, a sign stating the require-
ments of sub. (1).
History: 1995 a. 319.
98.12 Sale of ice cream and similar frozen products.
Ice cream, ice milk, water ices or other frozen desserts of a similar
nature packaged prior to sale shall be sold by liquid measure. This
section does not apply if the products are packaged at time of sale
at retail or sold in quantities of less than one–half liquid pint.
111story: 1973 c. 178; 1983 a. 367; 1987 a. 78; 1999 a. 9,
98.13 Milk or cream tests; samples; patrons' state-
ment. (1)
The Babcock or ether extraction tests shall be used to
determine the milk fat content of milk or cream purchased by or
sold to dairy plants, but the department may issue rules permitting
the use of other methods or devices for testing and determining
such milk fat content.
(2)
Each sample used for testing shall be representative of the
milk or cream from which taken. Composite samples shall consist
of representative samples taken during a period not exceeding l6
consecutive days. The unused portion of tested samples shall be
retained not less than 5 days after testing to enable retesting by the
department.
(3)
All purchasers of milk or cream from the producer, when
using such milk fat tests to determine the value of any milk or
cream received or bought by such purchaser, shall, when paying
for such milk or cream, include an itemized statement to each
patron showing the daily number of pounds of milk delivered, the
total amount of butterfat content or test, transportation costs, and
other charges and deductions for-the period of time for which pay-
ment is made; except that the daily weights need not be shown on
such statement if' weight slips arc furnished daily to producers.
(4) Whenever milk is sold tinder
an agreement, express or
implied, that the value of the milk shall be determined by its pro-
portion of butter fat, the price to be paid shall be based on a 3.5%
butter fat standard.
(5)
To insure the accuracy of the milk fat tests prescribed
herein the department shall issue rules governing the collection
and care of samples, the conduct of tests and the keeping of test
records.
History: 1997 a. 253.
98.14 Standardization of Babcock pipettes.
(1) All
bottles and pipettes used in measuring milk or milk products to
determine the percentage of fat in the milk or milk products shall
have clearly blown or otherwise permanently marked in the side
of the bottle or pipette the word "Sealed", and in the side of the
pipette or the side or bottom of the bottle the name, initials or
trademark of the manufacturer and the manufacturer's designat-
ing number, which designating number shall be different for each
manufacturer and may be used in identifying bottles. The desig-
nating 'number shall be furnished by the department upon applica-
tion by the manufacturer and upon the filing by the manufacturer
of a bond in the sum or $1,000 with sureties to be approved by the
attomey general, conditioned upon conformance with the require-
ments of this section. A record of the bonds
furnished,
the desig-
Text from the 2005-06 Wis. Stets. database updated by the Revisor of Statutes. Only printed statutes aro certified under s. 35.18
(2), stats. Statutory changes effective prior to 9-2-07 are printed as if currently In effect. Statutory changes effective on or after
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://www.legis.state.wi.us/rsb/
Electronic reproduction of 2005-06 Wis. Stats, database, updated and current through August 31, 2007 and 2007 Wis. Act 19.
3 Updated 05-06 Wis. Stats. Database
Not
certified under
s.
35.18 (2), .slats.
WEIGHTS AND MEASURES?
98.16
nating number, and to whom furnished, shall be kept in the office
of the department.
(2)
Any manufacturer who sells Babcock milk, cream or but-
ter test bottles or milk pipettes, for use in this state, that do not
comply with the provisions of this section shall be subject to a pen-
alty of $500 to be recovered by the attorney general in an action
brought in the name of the people of the state against the offend-
er's bondsmen. No dealer shall use, for the purpose of determin-
ing the percent of milk fat in milk or milk products, any bottles or
pipettes that do not comply with the provisions of this section.
(3)
The department shall prescribe specifications with which
the glassware described in this section shall comply. The unit of
graduation for all Babcock glassware shall be the true cubic centi-
meter or the weight of one gram of distilled water at 4 degrees cen-
tigrade.
(4)
Scalers of weights and measures are not required to seal
Babcock milk, cream or butter test bottles or milk pipettes marked
as in this section provided, but they shall from time to time make
tests of individual bottles used by the various firms in the territory
over which they have jurisdiction in order to ascertain whether the
above provisions are being complied with and they shall report
immediately to the department violations found.
History: 1993 a 492; 1997 a. 253.
98
-
.145 Licensing of milk and cream testers.
(1) To
secure fair and accurate tests to producers and manufacturers for
the determination of the basis of payment or for settlement for
such milk or cream. or for the purpose of official inspection, or for
the making of records of dairy production, persons making such
milk fat tests shall be licensed by the department as herein pro-
vided.•
(2) No person may engage as a tester of milk or cream to deter-
mine its value for payment or for the purpose of official inspection
or for records of dairy production for the purposes described
above unless the person holds a license issued by the department;
but no such license is required of a licensed cheesemaker or butter-
maker. The license shall expire biennially on October 31 of the
2nd year commencing after the date of issuance or renewal. Each
application for milk tester license or renewal thereof shall be
accompanied by a fee of $50. Each application shall be made
upon forms provided by the department. If the department con-
ducts a reinspection of any milk or cream tested by a person
licensed under this subsection due to any violation of any federal
or state law which the department determines in a regularly sched-
uled inspection of milk or cream tested by that person, the depart-
ment shall charge that person $25 for that reinspection.
(3) To qualify for a milk and cream tester's license the appli-
cant shall not have an arrest or conviction record, subject to ss.
111.321, 111.322 and I11.335, shall furnish 2 references who
have known the applicant for at least one year and shall give proof
of ability to perform the necessary duties to the satisfaction of the
department by satisfactorily passing a written examination per-
taining to milk and cream sampling and care of samples and use
of the Babcock test or other test method approved by the depart-
ment; and by actual demonstration in the laboratory of his or her
ability to determine accurately the milk fat content of milk and
cream including special emphasis on the handling and testing of
composite samples of milk and cream.
(4) Unless provision is made for the testing of milk or cream
by a duly licensed tester as provided herein, no dairy plant shall
receive any milk or cream unless at least one employee is a milk
and cream tester licensee who shall he responsible for the care of
samples and the testing of milk and cream and who shall he regu-
larly assigned to the duty of making such tests.
(5)
This section shall not he construed to require the licensing
of city or village sanitary or dairy inspectors.
History: 1077 e. 216; 1981 c. 380: 1981 e. 391 s. 211, 1987 a. 27.
98.146 Licensing milk weighers and samplers. (1) All
persons except licensed cheesemakers and buttermakers taking
weights and samples of milk in bulk tanks or measuring milk in
bulk tanks to determine weight, on the farm premises where such
milk is produced, shall be licensed by the department under this
section, and no person who is not so licensed shall engage in such
activities.
(2)
Each application for a license under this section or license
renewal shall be made on forms provided by the department and
shall be accompanied by the license fee required under sub. (4).
The license shall expire biennially on September 30 of the 2nd
year commencing after the date of issuance or renewal. The appli-
cant shall not have an arrest or conviction record, subject to ss.
111.321, 111.322 and 111.335, and shall give proof of ability to
engage in such weighing and sampling to the satisfaction of the
department by satisfactorily passing a written examination per-
taining to such activities. If the department conducts a reinspec-
tion of any measurement by a person licensed under this subsec-
tion due to any violation of any federal or state law which the
department determines in a regularly scheduled inspection of that
measurement, the department shall charge the holder of that
license the reinspection fee required under sub. (4) for that rein-
spection.
(3) No dairy plant shall receive any milk required to be
weighed and sampled by a licensee under this section unless it has
been so weighed and sampled,
(4) The department may
.
establish by rule the amount of
license or reinspection fees required under sub. (2). Unless other-
wise established by department rule, a license fee under sub. (2)
is $40 and a reinspection fee under sub. (2) is $40.
History: 1977 e, 216; 1981 5.
380; 1981 c. 391 s. 211; 1987 a. 27; 1991 x. 39.
98.15 False testing.
(1) No person shall manipulate, under-
read or overread or make any false determination by the Babcock
test or any other test used for determining the value of milk or
cream. No person shall make any false record or report of the
results of any such test.
(2) A district attorney to whom any violation of this section is
reported shall cause appropriate actions or proceedings to be insti-
tuted for the collection of a forfeiture or fine or for the enforce-
ment of other remedies. In any enforcement action the court may,
in addition to any other penalty provided, order restitution to any
party injured by violation of this section. If the violator is con-
victed of a crime, restitution shall be in accordance with s. 973.20.
History: 1979 5. 264; 1987 a. 398.
Sub. (I)) did not preclude prosecution for felony fraud under s, 943.20 (I) (d) when
the state alleged that the defendant misrepresented the quality of milk sold. State v.
Ploeckelman, 2007 WI App 31, 299 Wis. 2d 251, 729 N.W.2d 784, 06-1180.
98.16 Licensing of vehicle scale operators. (1)
DEFINI-
TIONS.
In this section:
(b) "Vehicle scale" means a commercial scale that is designed
to weigh loaded or unloaded highway, farm or industrial vehicles.
except that it does not include a scale that is operated exclusively
by this state,
(2) LICENSE.
(a) I. Except as provided in subd. 2., a person
may not operate a vehicle scale without a license from the depart-
ment. A separate license is required for each scale. A license is
nut transferable between persons or scales. A license expires on
March 31 annually. The department shall provide a license
application form for persons applying for a license. The form may
require information reasonably required by the department fur
licensing purposes. A license application shall be accompanied
by applicable fees under pars. (b) and (c).
2. Subdivision I. does not apply to a person who operates a
vehicle scale only as an employee of a person who is required to
hold a license to operate the scale under this paragraph.
Text from the 2005-06 Wis. Stets. database updated by the Revisor of Statutes. Only printed statutes are certified under s. 35.18
(2), slats. Statutory changes effective prior to 9-2-07 are printed as if currently in effect. Statutory changes effective on or after
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://www.legis.state.wi.us/rsb/
Electronic reproduction of 2005-06 Wis. Stats. database, updated and current through August 31, 2007 and 2007 Wis. Act 19.
Updated 05-06 Wis. Stats. Database?
4
98.16?
WEIGHTS AND MEASURES
?
Not certified under
s. 35.18 (2),
stats.
(h) The fee for a license under par. (a) is $60, except that the
department may establish a different fee by rule.
(c)
An applicant for a license under par. (a) shall pay a license
fee surcharge of $200 in addition to the license fee if the depart-
ment determines that within one year prior to submitting the
license application the applicant operated a vehicle scale without
a license as required by par. (a). Payment of the license fee sur-
charge does not relieve the applicant of any other civil or criminal
liability for the operation of a vehicle scale without a license but
shall not constitute evidence of violation of a law.
(d) The department shall not issue or renew a license tinder par.
(a) unless the applicant pays all fees required under pars. (b) and
(c) as set forth in a statement issued by the department. The
department shall refund a fee paid under protest if the department
determines that the fee was not required to be paid under this sec-
tion,
(3) RULES.
The department may promulgate rules to establish
license fees under sub. (2) (b) and to regulate the operation of
vehicle scales. The rules may include all of the following:
(a) Standards for the construction and maintenance of vehicle
scales.
(b)
Requirements for testing and certification of vehicle scales.
(c)
Requirements for record keeping and reporting related to
the testing and certification of vehicle scales.
History: 1993 a. 16; 1997 a. 27; 1999 5.
9.
98.18 Installing and servicing weights and measures.
(1) LICENSE REQUIRED.
(a)
Except as provided in
par. (btu), no
person may engage in the business of installing, servicing, testing
or calibrating weights and measures without a license from the
department. A license expires on December 31 annually.
(bm) Paragraph (a) does not apply to any of the following:
I. A person who installs, services, tests or calibrates weights
and measures only as an employee of a person who is required
under par. (a) to hold a license to perform those services.
2. An inspector or metrologist employed by this state, a
county or a municipality to test or calibrate weights and measures.
(1d)
LICENSE APPLICATION. An applicant for a license issued
under sub. (I) (a) shall apply on a form provided by the depart-
ment. The applicant shall provide on the form information that is
reasonably required by the department for issuing licenses under
this section. The license application shall be accompanied by the
applicable fees under subs. (I h) and (1p).
(1h)
LICENSE FEES
Unless the department establishes differ-
ent fees by rule. the following annual license fees shall apply:
(a) If the applicant solely engages in installing, servicing, test-
ing or calibrating weights and measures that the applicant owns,
the applicant for a license under sub. ( I) (a) shall pay a license fee
in the amount of S 100.
(b) If the applicant installs, services, tests or calibrates weights
or measures for others, the applicant for a license under sub. (1)
(a) shall pay all of the following:
I.
A basic license fee of $200.
2. A supplementary license fee of $50 for each additional
business location if the applicant operates from more than one
business location.
(1p)
SURCHARGE FOR OPERATING WITHOUT A LICENSE.
An
applicant for a license under sub. ( I) (a) shall pay a license fee sur-
charge of $200 in addition to the license fee if the department
determines that within one year before making the application the
ap
plicant violated sub. (I) (a). Payment of this surcharge does not
relieve the applicant of any other civil or criminal liability that the
applicant may incur because of the violation of sub, (I) (a), but
does not constitute evidence of violation of a law.
(it)
LICENSE CONTINGENT ON FEE PAYMENT. The department
may not issue or renew a license under sub. (I) (a) unless the appli-
cant
pays all fees required under subs. (1h) and (1p) as act forth
in
a
statement issued by the department. The department shall
refund a fee paid under protest if the department determines that
the fee was not required to be paid under this section.
(2)
RULES.
The department may promulgate rules to establish
license fees under sub. (1h) and to regulate the installation, servic-
ing, testing and certification of weights and measures. The rules
may include record–keeping and reporting requirements.
(3)
PROHIBITED PRACTICES.
A person who installs, services,
tests or calibrates weights and measures may not do any of the fol-
lowing:
(a)
Install or adjust a weight or measure to make the weight or
measure incorrect or to cause the weight or measure to violate this
chapter or rules promulgated under this chapter.
(b)
Misrepresent that a weight or measure is correct.
(c)
Use any test weight or measure that has not been inspected,
tested and approved by the department or by a laboratory certified
by the national institute of standards and technology.
History: 1993 a. 16; 1997 a. 27.
98.21 Sale of bread.
(1) Except as provided in sub. (2), no
person may manufacture for sale in this state, offer to sell or sell
bread unless the bread is sold by weight.
(2) Subsection ( I) does not apply to stale bread if the bread is
conspicuously marked "stale bread" or is placed in a container
conspicuously marked "stale bread" and sold as and for stale
bread.
History: 1971 c. 113; 1983 a 14..129; 1993 5. 492;
1999
a. 9.
98.22 Bulk deliveries sold in terms of weight and deliv-
ered by vehicle.
(1) When a commodity in bulk is delivered
by vehicle to an individual purchaser and the commodity is sold
in terms of weight units, the delivery shall be accompanied by a
duplicate delivery ticket with the following information clearly
stated in ink or by means of other indelible marking equipment:
(a) The name and address
of
the vendor.
(b)
The name and address of the purchaser.
(c) The net weight of the delivery expressed in pounds.
(d) The gross and tare weights of the delivery if the net weight
of the delivery is derived from determination of gross and tare
weights.
(2)
Where milk is picked up at farms, only the identity of the
vendor and the net weight need be stated.
(3)
One of the duplicate delivery tickets required under sub.
(I) shall be retained by the vendor, and the other shall be delivered
to the purchaser at the time of delivery of the commodity, or shall
be surrendered, on demand to the inspector or sealer, who may
retain it as evidence and issue a weight slip in lieu thereof for
delivery to the purchaser. If the purchaser carries away the pur-
chase, the vendor shall be required only to give to the purchaser
at the time of sale a delivery ticket stating the number of pounds
of commodity delivered to the purchaser. If the commodity is to
be weighed by the purchaser, the purchaser shall furnish the ven-
dor the duplicate delivery ticket provided for in this section.
History.: 1993 a. 492: 1995 a. 225.
98.225 Deliveries of certain liquid fuels. (1)
In this sec-
tion, "liquid fuel" means gasoline, kerosene, fuel oil, diesel fuel
or alternate fuels, as defined in s. 78.39 ( I ).
(2) No person may sell liquid fuel by liquid measure and
deliver it by a vehicle equipped with a pump and metering device
unless the pump and metering device is equipped with a delivery
ticket printer. Except as provided in sub. (3), the seller shall, at the
time of delivery, either provide a copy of the delivery ticket
printed by the delivery ticket printer to the purchaser or leave a
copy at the place of delivery. The delivery ticket shall contain all
of the following information:
(a)
The name and address of the seller.
(b) The name and address of the purchaser.
(c)
A description of the liquid fuel delivered.
Text from the 2005-06 Wis. Stets. database updated by the Revisor of Statutes. Only printed statutes are certified under s. 35.18
(2), stets. Statutory changes effective prior to 9-2-07 are printed as if currently in effect. Statutory changes effective on or after
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://www.legis.state.wi.us/rsb/
Electronic reproduction of 2005-06 Wis. Stats. database, updated and current through August 31, 2007 and 2007 Wis, Act 19.
5 Updated 05-06 Wis, Stats. Database
Not certified
under
a. 35.18 (2), slats.
WEIGHTS AND MEASURES
?
98.25
(d) The meter reading showing the volume of liquid fuel deliv-
ered.
(3) If there is a malfunction with the delivery ticket printer, the
seller shall, at the time of delivery, either provide the purchaser or
leave at the place of delivery the information required under sub.
(2) in written form.
History: 1993 a. 234.
98.245 Liquefied petroleum gas sales.
(1) SALES EXCEPT
BY UNITS OF MEASUREMENT PROHIBITED.
It is unlawful to sell or
offer to sell at retail any liquefied petroleum gas except by avoir-
dupois weight, specified in pounds; liquid measure, specified in
gallons; or vapor measure, specified in cubic feet, or such other
units as may be approved by the department.
(2)
PACKAGES TO BEAR TARE WEIGHT.
When liquefied petro-
leum gas is sold or offered for sale at retail by weight, in portable
containers, the tare weight of the container shall be plainly and
conspicuously marked on the outside of the container. Tare
weight shall not be construed to include the valve protecting cap,
which shall be removed when weighing. It is unlawful to sell or
offer or expose for sale liquefied petroleum gas in packages or
containers which do not bear a statement as to tare weight as
required by this section, or which packages or containers bear a
false statement as to tare weight, provided packages intended to
be used only once and clearly marked with the statement "not
refillable" are exempt from this tare weight requirement.
(3) REFILLING: CREDIT
When liquefied petroleum gas is sold
by the package or container, either by a refilling of a container or
an exchange of containers, the vendor shall give the purchaser full
credit for the unused liquid remaining in a container being
exchanged or refilled.
(4) CORRECTION TO TEMPERATURE. OF VOLUME. SOLD.
(a) When
liquefied petroleum gas is sold or delivered to a consumer as a liq-
uid and by liquid measurement the volume of liquid so sold and
delivered shall be corrected to a temperature of 60 degrees Fahr-
enheit through use of an approved volume correction factor table,
or through use of a meter that is equipped with a sealed automatic
compensating mechanism and that is in compliance with sub. (7).
All sale tickets shall show the delivered gallons. the temperature
at the time of delivery and the corrected gallonage, or shall state
that temperature correction was automatically made.
(b) When liquefied petroleum gas is sold or delivered to a con-
sumer in +/alibr form by vapor measurement, the volume of vapor
so sold and delivered shall be corrected to a temperature of 60
degrees Fahrenheit through the use of a meter that is equipped
with a sealed automatic temperature compensating mechanism.
This paragraph shall apply to all meters installed for use in the
vapor measurement of liquefied petroleum gas in vapor form after
May 24, 1978. This paragraph does not prohibit the continued use
of meters previously installed without a self–sealing automatic
temperature compensating mechanism, but no such meter may be
continued in use after January I, 1986,
unless
brought into com-
pliance with this paragraph. Subsection (7) does not apply to
meters used to sell or deliver liquefied petroleum gas that arc sub-
ject to this paragraph.
(5) SALES TICKETS TO SHOW QUANTITY SOLD. Sales tickets
or
invoices shall show the quantity of liquefied petroleum gas sold,
expressed in pounds, or gallons as set forth in sub. (4), or cubic
feet, or other unit approved by the department. When vapor
meters reading in approved units other than cubic feet are used, the
invoice shall clearly indicate to the purchaser a factor to convert
to cubic feet.
(6)
PUMPS AND METERS.
(a) No person may sell liquefied
petroleum gas and deliver it by a vehicle equipped with a pump
and meter unless the meter is equipped with a delivery ticket
printer and is in compliance with sub. (7). Except as provided in
par. (b), the seller shall, at the time of delivery, either provide a
copy of the delivery ticket printed by the delivery ticket printer to
the purchaser or leave a copy at the place of delivery. The delivery
ticket shall contain all of the following information:
I. The name and address of the seller.
2. The name and address of the purchaser.
3. The meter reading showing the volume of liquefied petro-
leum gas delivered.
(b) If there is a malfunction with the delivery ticket printer, the
seller shall, at the time of delivery, either provide the purchaser or
leave at the place of delivery the information required under par,
(a) in written form.
(7) METERS: REGISTRATION: TESTING; FEES.
(a)
Registration of
meters.
I. The department shall promulgate rules to require own-
ers to register meters that are used to measure amounts of liquefied
petroleum gas the sale or delivery of which is subject to sub. (4)
(a).
2.
The owner of a meter shall pay to the department a one-
time fee of $25 to register s meter under subd. 1. The owner shall
pay the fee within 60 days after the effective date of the rules pro-
mulgated under subd. 1., or within 60 days after the owner
acquires a meter for which a registration
fee
has not been paid,
whichever is later.
3. If an owner of a meter fails to comply with subd. 2., the
department may assess the owner a fee of not more than $250 for
that meter. If the owner does not pay the fee under this subdivision
within 30 days after it is assessed, the department shall increase
the fee by $10 for each day thereafter until the owner of the meter
complies with subd. 2.
(b)
Testing of meters.
1. The owner of a meter required to be
registered under par. (a) shall have the meter tested annually by a
meter servicing company that is licensed by the department.
2.
A meter servicing company shall file with the department
a report, for each meter, containing the results of the testing under
subd. I. within 30 days after completing the testing.
3. If the department determines that a meter has not been
tested within the last year, the department shall notify the owner.
The owner shall have 30 days after being notified to have the
Meter tested.
4.
If the owner fails to have the owner's meter tested as
required under subd. 3., the department may assess the owner a fee
of not more than $100 for that meter.
5.
If the meter servicing company fails to file a report in com-
pliance with subd. 2. for a meter, the department may assess the
meter servicing company a fee of up to $100 for each report.
History:
1975
c. 308:
1977 c.
393: 1993 a. 234; 1995 a, 183; 1997 a. 27.
98.246 Petroleum product sales. (1)
In this section,
"petroleum products" has the meaning given under s. 168.03.
(2) Petroleum products may not be sold from a terminal or
storage facility in this state on any basis other than gross volume
without correction for temperature.
History: 1983 a. 251.
98.25 Vehicle scales: annual testing. (1)
The owner or
operator of a scale with a weighing capacity of 5,000 pounds or
more used for the commercial weighing of commodities shall
cause the scales to be tested and inspected annually for accuracy
by an independent scale testing or service company in accordance
with specifications, tolerances, standards and procedures estab-
lished by the national institute of standards and technology and the
department for the testing and examination of scales, using test
weights approved by the department. The annual tests and inspec-
tions shall be at the expense of the owner or operator.
(2) A scale testing or service company conducting a test under
sub. (I) shall, at the time of testing and inspection, promptly fur-
nish to the owner or operator of the scale a report showing the
results of the test and inspection with an additional copy for the
department. The owner and operator of a scale which is found to
be inaccurate at the time of testing shall immediately withdraw the
Text from the 2005-06 VV1s. Stats, database updated by the Revisor of Statutes. Onty printed statutes are certified under s. 35.18
(2),
stats. Statutory changes effective prior to 9-2-07 are printed as if currently In effect. Statutory changes effective
on or after
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://www.legls.state.vd.us/rsb/
Electronic reproduction of 2005-06 Wis. Stats, database, updated and current through August 31, 2007 and 2007 Wis. Act 19.
Updated 05-06 Wis. Stats. Database
?
6
98.25
?
WEIGHTS AND MEASURES
?
Nor certified under s. 35.18 (2), stars.
scale from further use until necessary corrections, adjustments or
repairs are made and the scale is determined to be accurate by the
scale testing or service company. A copy of the report prepared
by the scale testing or service company shall he filed with the
department by the owner or operator of the scale within 15 days
after the test and inspection has been completed. The department
shall maintain a list open for public inspection of all scales tested
and found to be accurate on the annual test.
(3) No person may falsify a test or determination of the accu-
racy of a vehicle scale tested under sub. (I) or file with the depart-
ment a false report of a test of a vehicle scale under sub. (I).
(4)
This section does not apply to a railway scale used exclu-
sively for the weighing of commodities on railroad track vehicles.
Illstory; 1981 c.?1989 u 165.
Cross Reference: Sec ulso?ATCP 92,
?
adm. code.
98.26 Prohibited acts; penalty; injunction.
(1) A person
who does any of the following acts shall forfeit not less than $100
nor more than $500 for the first offense and not less than $200 nor
more than $1,000 for a subsequent offense. A person who inten-
tionally does any of the following acts shall be fined not more than
$10,000 or imprisoned not more than 9 months or both:
(a) Hinders, obstructs or impersonates a sealer or inspector.
(h) Uses or has in possession for use in buying or selling any
commodity or service, or sells, any incorrect weight or measure
or causes a weight or measure to be incorrect.
(c)
Represents in any manner a false quantity or price in con-
nection with the purchase or sale, or any advertising thereof, of
any commodity, thing or service.
(d)
Uses or disposes of any rejected weight or measure, or
commodity, or removes therefrom any official tag, seal, stamp or
mark, without written authority from a sealer or inspector.
(e)
Violates s. 98.15 (1).
(f)
Violates any other provision of this chapter or any rules pro-
mulgated under this chapter for which no specific penalty is pre-
scribed.
(2) Upon application of the department or a municipality, a
circuit court may grant a temporary or permanent injunction
restraining any person from violating any provision of this chap-
ter.
Illstory: 1979 c. 264; 1987 a. 250; 1995 a. 319.
Cross Reference: See also chs. ATCP 91 and 92. Wi adm cock.
Text
from the 2005-06 Wis. Stats. database updated
by the Revisor of Statutes. Only printed statutes are certified under s. 35.18
(2),
stats. Statutory changes effective prior to 9-2-07 are printed as
if currently in effect. Statutory changes effective on or after
9-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978,
http://www.legis.state.wi.ustrsbi
681?
AGRICULTURE, TRADE
&
CONSUMER PROTECTION
?
ATCP 92.02
Unofficial Text
(See Printed Volu►e). Current through date and Register shown on Title Page.
Chapter ATCP 92
WEIGHTS AND MEASURES
Subchapter I —
General Provisions
ATCP 92.01
?
Definitions.
ATCP 92.1)2 Weighing and measuring devices; general requirements.
Subchapter II — State and Municipal Programs
ATCP 92.04 Municipal program components.
ATCP 92.06 Inspection procedures and equipment.
ATCP 92.09?
Inspector hiring and training.
AT('P 92.0 Sealing or rejecting weights and measures.
ATCP 92.10 Recordkeeping and reporting.
Subchapter III — Weights and Measures Service Companies
ATCP 92 21) Weights and measures service company; license.
ATCP 92.21?
Weights
and
measures technicians: certification.
ATCP 92.22 Weights and measures service companies; test procedures and equip-
ment.
ATCP 92.23 Weights and measures service companies; reports.
ATCP 92.24 Prohibited practices.
Subchapter IV — Vehicle and Livestock Scales
ATCP 9130 Vehicle and livestock scales; permits and construction requirements.
ATCP 92.31 Vehicle scale license.
Subchapter V — Liquefied Petroleum Gas
ATCP 92.40 Thermometer and thermometer well specifications.
ATCP 92.41
?
Manual volume correction.
AT('P 92.42?
Sales tickets.
ATCP 92,43 Registered meters.
Note: Chapters Ag 51, 52, 115 and 120 as they existed on December 31, 1991 were
repealed and a new chapter ATCP 92 was ereattal effective January I, 1992; Chapter
Ag 52 war renumbered chapter ATCP 92 under s. 13.93 (2m) (b) I., Stats., Register,
April, 1993, No. 448.
Note: This chapter is adopted under authority of
Sh.
93.07 (11. 93.15 ( 11. 98.03 (2),
98.16 (3), 98.18 (1h) and (2) and 100.20 (2), Slats. Violations of this chapter are sub-
ject to the penalties and remedies provided under ss. 99.26, 100.20 (5) and (6) and
100 26 (3) and (6), Stets.
Subchapter 1— General Provisions
ATCP 92.01 Definitions.
In this chapter:
(1) "Commodity" means any product or commodity that is
sold, offered for sale, or held or distributed for sale in this state.
"Commodity" includes a consumer commodity.
(1e) "Construction plan" means a set of detailed blueprints for
the construction of a vehicle or livestock scale, including the con-
struction ot' any scale pit, footings, base slabs, piers, end walls and
approaches.
(1m) "Consumer commodity" has the meaning given in s.
ATCP 90.01 (5).
(1s) "Correct," as applied to a weighing or measuring device,
means that the weighing or measuring device complies with this
chapter and ch. 98, Stats.
(2) "Department" means the state of Wisconsin department of
agriculture, trade and consumer protection.
(2g)
"Individual" means a natural person.
(2r) "Inspector" means any of the following:
(a) A department
weights and measures inspector.
(b)
A municipal weights and measures sealer or inspector
under s. 98.04 ( I), Stats.
(3) "Livestock scale" means a scale designed to weigh live-
stock, but does not include a scale which is designed to weigh Only
one animal at a time,
(4) "Load receiving clement" means that portion of a scale,
such as a settle platform or deck, which receives the load to be
weighed.
(5) "Person" means an individual, corporation, partnership,
cooperative association, limited liability company, or other legal
organization or entity.
(6) "Pit neck" means that part of a scale pit, usually an exten-
sion of a scale pit wall, which encloses the end of the transverse
lever of a lever-type weighing element, and which supports the
indicating clement.
(7) "Portable vehicle scale" means any self-contained vehicle
scale that is all of the following:
(a) Designed and engineered by the original manufacturer to
measure weight accurately when used without a permanent con-
crete foundation or approach ramp.
(b)
Equipped with lifting and positioning mechanisms that are
built into the structure of the scale frame.
(c)
Designed for use with approach bulkheads,
(d)
Readily movable between job sites.
(9)
"Vehicle scale" means a scale designed to weigh loaded or
unloaded highway, farm or industrial vehicles, and includes
above-ground scales, dump scales and portable scales.
(10) "Weighing element" means that portion of a scale that
supports the load-receiving element and transmits to the indicat-
ing clement a signal or force resulting from the load applied to the
load-receiving element.
(11)
"Weighing or measuring device" means any device used
to determine the weight or measure of a commodity, for co►mer-
cial purposes. "Weighing or measuring device" includes a scale,
meter, measuring device or timing device that affects the deter-
mination of weight or measure.
?
•
(12) "Weights and measures" has the meaning given in s.
98.01 (7), Stats.
(13) "Weights and measures service company" means a per-
son that is required to be licensed under s. ATCP 92.20 (1).
History:
Cr. Register, December, 1991, No. 432. cif. 1-1-92; cr. (11m), am. (14),
Register, December, 1995, No. 480, eff. 1-1-96; CR 01-028: r. (1). (6) to (9) and (12)
and renum. (2) to (5), (1U), (II), 0 Im). and (13) to (15) to be (1) to (10), Register
September 2001 No. 549, eff. 10 1-01; CR 02- 14 I rrenum. (I) to be (I e), cr. (I),
(Int), ( Is). (2g), (2r), (I I) to (13), ant. (5), r (8) Register August 2003 No. 572. eff.
9- I - 03.
ATCP 92,02 Weighing and measuring devices; gen-
eral requirements.
(1) Except as provided in this chapter,
weighing and measuring devices shall comply with applicable
specifications, tolerances and other technical requirements set
forth in the national institute of standards and technology hand-
book 44 (specifications, tolerances and other technical require-
ments for weighing and measuring devices), 2006 edition.
Nate: See A.
99 03 (2), Mats. The current edition of the National Institute of Stan.
dards and Technology Handbook 44 (Specifications, Tolerances and Other Technical
Requirements for Weighing and Measuring Devices) is on file with the department
the secretary of stale and the rev i sor of statutes. Copies may be purchased from the
U.S. Government Printing Office. Superintendent of Documents, P.O. Box 371954,
Pittsburgh, PA 15250-7954.
(2) Except as provided in sub. (3), no person may sell, offer for
sale, use or distribute for use in this state a weighing or measuring
device unless the device is a type or model certified by one of the
following:
(a) The chief of the office of weights and measures of the
national institute of standards and technology.
(b) The national type evaluation program administered by the
National Conference on Weights and Measures.
Note: Devices ecnifted under ear. (b) are commonly known as "NTEP approved"
devices.
(3) Subsection (2) does not apply to any of the following:
Register. November, 2006, No. 611
ATCP 92.02?
WISCONSIN ADMINISTRATIVE CODE
?
682
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
(a)
A commercial weighing or measuring device that is first
put into use in this state before January
?
1997.
(b)
A commercial weighing or measuring device that is
designed, built or customized for a specific application at a single
location,
(c) A commercial weighing or measuring device for which nei-
ther the national institute of standards and technology nor the
national conference of weights and measures has yet adopted test-
ing and certification procedures, provided that the department
authorizes the sale and use of that device in this state. A person
seeking department authorization shall apply to the department in
writing. The application shall include relevant engineering and
use specifications for the device, and shall document that neither
the national institute of standards and technology nor the national
conference on weights and measures has yet adopted testing and
certification procedures for that device. The department shall
grant or deny authorization within 30 days after the department
receives a complete application, including any supplementary
information requested by the department.
(4) A commercial weighing or measuring device is no longer
considered a type or model certified under sub. (2) if any of the
following applies:
(a)
Parts or components of a type specifically certified under
sub. (2) are replaced with parts or components not certified under
sub. (2).
(b) The device is repaired or remanufactured with parts or
components that arc inconsistent with the manufacturer's metro-
logical design.
(c) The repair or remanufacture of the device causes the device
to be in violation of any applicable standard under sub. (I ).
(5)
No person may misrepresent that a weighing or measuring
device is a type or model certified under sub. (2).
(6) No person may cause a weight or measure to be incorrect.
(7)
A person who manufactures or distributes a commercial
weighing or measuring device violates sub. (6) if all of the follow-
ing apply:
(a)
The person knows or reasonably should know that the
weighing or measuring device has a latent or patent defect that
may cause an incorrect weight or measure.
(b)
The person fails to take steps, which that person is reason-
ably capable
of
taking, which would prevent the defect from caus-
ing incorrect weights or measures.
(c)
The defective weighing or measuring device causes an
incorrect weight or measure which is attributable, at least in part,
to the defect in the device.
History: Cr. Register, December, 1991, No. 432, cIT. I-1-92: tenon). (intro.) to
(I).
cr.
(2) to (5),
Register,
December, 1995. No. 480, OE
I 1
-
96; cr. (Nand (7), Reg-
ister, June. 1998, No, 510, eff. 7-1-98, CR 02-141: am. (1), r. and recr. (2) Register
August 2003 No. 572. elf 9-1-03: CR 04-005, am. (I) and (3)(c) Register October
2004 No. 586, eff. 11 I 04: CR 06-028: am.
(I) Register November 2006 No. 611,
eft. 12-1-06.
Subchapter II — State and Municipal Programs
ATCP 92.04 Municipal program components. A
municipal weights and measures program under s. 98.04, Stats.,
shall inspect and test all the following for compliance with appli-
cable requirements under ch. 98, Stats., this chapter, and chs.
ATCP 90 and 91:
(1)
Commodities.
(2)
Liquid measuring devices.
(3)
Scales.
(4)
Weighing, measuring and price verification systems.
(5) Timing devices.
(6) Linear measuring devices.
History:
CR 02-141: cr. Register August 2003 ND. 572. off. 9-1-03.
ATCP 92.06 Inspection procedures and equipment.
(1)
GENERAL.
Inspectors shall inspect weights and measures
according to ch. 98, Stats., this chapter, and chs. ATCP 90 and 91.
An inspection, and the equipment used to make it, shall comply
with all of the following that apply to that type of inspection:
(a) The national institute of standards and technology hand-
book 44 (specifications, tolerances, and other technical require-
ments for weighing and measuring devices), 2006 edition.
(b) The national institute of standards and technology hand-
book 133 (checking the net contents of packaged goods), 2005
edition.
(2) PRICE VERIFICATION SYSTEMS. Inspections
of
price verifi-
cation systems shall comply with section 7 "test procedures" from
the chapter titled "examination procedure for price verification,"
national institute of standards and technology handbook 130 (uni-
form laws and regulation in the areas of legal metrology and
engine fuel quality), 2006 edition.
(3)
INSPECTION EQUIPMENT AND STANDARDS.
The department,
or a laboratory certified by the national institute
of
standards and
technology, shall inspect, test and approve testing equipment and
standards used by inspectors. The department or certified labora-
tory shall inspect, test and approve the equipment at least once
every 2 years unless the department specifies a different time
interval for specific equipment or standards.
Note:
The standard. incorporated by reference in subs. (I) and (2) are on file with
Me department and the revisor of statutes. Copies may be purchased from the U.S.
Government Printing Office, Superintendent of Documents, P.O. Box 371954. Pitts-
burgh, PA 15250-754.
History:
CR 02-141: cr. Register August 2003 No. 572, cif. 9-I 03; CR 04-005:
ant. (I) (a) and (2) Register October 2004 No. 586, elf II-1-04; CR 06-028: am.
(I) (a),
(b)
and (2) Register November 2006 No.
611,
eff.
12-1-06.
ATCP 92.08 Inspector hiring and training. (1)
HIR-
ING. A municipality that has a weights and measures program
under s. 98.04, Stats., shall hire its inspectors from a list of appli-
cants whose qualifications have been certified by the state or local
civil service agency under the rules of the agency.
Note:
Sec x.98.04, Stets.
(2)
TRAINING
Inspectors shall complete weights and mea-
sures training prescribed by the department. The department may
approve training programs offered by other entities, including
governmental, private or educational entities. The department
shall issue completion certificates to inspectors who complete
prescribed training.
History: CR 02-141: cr Register August 2003 N. 572, eff. 9-1-03; CR 06-028:
am. (I) Register November 2006 No. 611, eff. 12-1-06.
ATCP 92.09 Sealing or rejecting weights and mea-
sures. An inspector may do any of the following after inspecting
weights and measures:
(1) Apply a seal or mark of approval to weights or measures
that comply with applicable requirements under ch. 98, Stars., and
this chapter.
(2) Mark or tag as "rejected" those weights and measures that
fail to comply with applicable requirements under ch. 98, Stats.,
or this chapter.
History: CR 02-141: cr. Register August 2003 No. 572, off 9-1-03.
ATCP 92.10 Recordkeeping and reporting.
(1)
ANNUAL REPORT, A municipality that operates a weights and
measures program under s. 98.04 (1), Stats., shall submit to the
department an annual report by August 1 of each year. The report
shall cover the 12 months ending June 30 of that year. The report
shall describe, in a form prescribed by the department, the activi-
ties and findings
of
the municipal program during the period cov-
ered by the report. The report shall include all of the following:
(a) The names of all supervisory and inspection personnel
assigned to perform weights and measures program activities.
Register. No: ember. 2005. No. 511
683?
AGRICULTURE, TRADE & CONSUMER PROTECTION?
ATCP 92.21
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
(b)
The number and types of devices or equipment inspected,
and a summary of compliance data related to those inspections.
(c)
The number and types of establishments inspected.
(d)
The number and types of commodities' inspected, and a
summary of compliance data related to those inspections.
(e)
A summary of weights and measures prosecutions and
ent'orcement actions.
(f)
A summary of training activities in which inspection per-
sonnel participated during the period covered by the report.
(g)
The estimated annual operating budget for the program.
(h)
Other relevant information required by the department.
Note: You may obtain a copy of the Annual Report form for Municipal Depart•
merits of Weights and Measures by writing to:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
(2) RECORDS AND AUDITS.
A municipality that operates
a
weights and measures program under s. 98.04, Stats., shall keep
complete and accurate records of its activities and findings under
that program, The department may audit and evaluate municipal
weights and measures programs, as it deems necessary, to ensure
compliance with this chapter and ch. 98, Stats.
History: CR 02-141: cr. Register August 2003 No. 572, elf 9-1-03.
Subchapter III — Weights and Measures Service
Companies
ATCP 92.20 Weights and measures service com-
pany; license. (1)
LICENSE REQUIRED.
Except as provided in
sub. (5), no person may install, service, test or calibrate weights
and measures without a current annual license from. the depart-
ment, as required under s. 98.18, Stats. A license expires on
December 31
of
each year. A license is not transferable between
persons or business locations.
(2) LICENSE APPLICATION.
A person seeking a license under
sub. (1) shall apply on a form provided by the department. The
application shall include all the following:
(a)
The applicant's correct legal name and every trade name
under which the applicant engages in activities under sub. ( I).
(b) The address of each business location from which the
applicant engages in activities under sub. (I).
(c) The full name, birthdate, and date
of
certification of each
technician who engages in activities under s. ATCP 92.21 on
behalf of the applicant.
(d) The fees required under sub. (3).
Note: You may obtain application fonns by writing to:
Wisconsin Deparnnent of Agriculture. Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
(3) LICENSE FEES.
A license application under sub. (2) shall
include all of the following applicable fees:
(a)
A fee of $250 if the applicant is engaged solely in installing,
servicing, testing or calibrating weights and measures that the
applicant owns.
(b)
Each of the following fees if the applicant installs, services,
tests or calibrates weights and measures for others:
I. A basic license fee of $250.
2. A supplementary fee of $75 per year for each additional
business location, in excess of one location, front which the appli-
cant installs, services, tests or calibrates weights and measures for
others.
(c)
A surcharge of $200 if the department determines that,
within one year before submitting the license application, the
applicant operated without a license in violation of sub. (1 ).
(d) The late renewal fee provided under s. 93.21 (5), Stats., if
the applicant is applying for the renewal of a license that has
already expired.
(4)
DENYING, SUSPENDING OR REVOKING A LICENSE.
The
department may deny, suspend or revoke a license under sub. (1)
for cause, pursuant to s. 93.06 (7), Stats., and ch. ATCP 1. Cause
may include a violation of this chapter or ch. 98, Stats.
(5)
EXEMPTIONS. Subsection (I) does not apply to any of the
following:
(a)
A person who installs, services, tests or calibrates weights
and measures only as an employee of a person licensed under sub.
(I).
(b)
An inspector or metrologist employed by this state, or by
a county or municipality, to test or calibrate weights and measures.
History: CR 02-141: cr. Register August 2003 No. 572, cif. 9-1-03; CR 04-005:
aim (3) (d) and r. (3) (d) (note) Register October 2004 No. 586, ell. II-1-04.
ATCP 92.21 Weights and measures technicians;
certification.
(1)
CERTIFICATION REQUIRED.
(a) No weights and
measures service company may employ or direct an individual to
do any of the following, with respect to a weighing or measuring
device, unless the department has certified that individual in a
category under sub. (4) that includes that device:
I. Remove an official rejection tag or mark applied under s.
ATCP 92.09 (2).
2. Test, calibrate, service or seal a weighing or measuring
device.
3. Verify that the weighing or measuring device is correct.
(b) No individual operating a weights and measures service
company may engage in any of the activities under par. (a) unless
that individual is certified under par. (a).
Note: An individual operating a weights and measures service company must also
be licensed under s. ATCP 92.20.
(2)
APPLICATION FOR CERTIFICATION.
An individual, or
a
weights and measures service company on behalf
of
an individual,
may apply to have the individual certified under sub. (I). The
applicant shall apply on a form provided by the department. An
application shall include, for each individual to be certified, all the
following:
ta) The individual's full name (first, middle and last) and birth
date.
(s) Proof that the individual has met the examination require-
ment under sub. (3) (a), or is currently certified by another state
as provided in sub, (3) (b).
Note: You may obtain certification application forms by writing to:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
(3) EXAMINATION REQUIRED.
(a) The department may not cer-
tify an individual under sub. ( I ) in any category under sub, (4)
unless one
of
the following applies:
1.
The individual has passed the central weights and measures
association registered service persons examination, or another
examination approved by the department, in that category.
2.
The individual is currently certified in an equivalent cate-
gory in another state, and has passed an examination under subd.
I. within 5 years prior to the date on which the department
receives the certification application under sub. (2).
(b) An individual, or a weights and measures service company
on behalf of an individual, may apply to have the individual take
an examination required under par. (a). The applicant shall apply
to the department, on a form provided by the department. The
application shall include, for each individual, all the following:
I. The individual's full name (first, middle and last) and birth
date.
Register, November, 2006. No. 611
ATCP
92.21?
WISCONSIN ADMINISTRATIVE CODE?
684
Unofficial Text (See Printed Volunie). Current through date
and Register shown
on Title Page.
2.
An address and telephone number at which the applicant
may be contacted to schedule the examination,
3.
A $25 examination fee. A single fee entitles an individual
to take examinations in one or more certification categories on the
same day.
Note: You may obtain exam application forms by writing to:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
PO. Box 5911
Madison. WI 53705-8911.
(c)
Whenever the department receives a complete application
under par. (b), the department or its agent shall schedule an
examination date with the applicant. The examination date shall
be not later than 60 days after the date on which the department
receives the complete application, unless the applicant agrees to
a later date.
(4)
CERTIFICATION CATEGORY.
The department may certify an
individual in one or more of the device categories for which the
central weights and measures association provides examinations.
Note: Currently, the Central Weight: anti Measures A
gsociation provides
examinations in the following device categories: retail computing scales, medium
capacity scales, livestock scales, vehicle scales, railroad track scales, belt conveyor
scales, retail motor fuel dispensers. vehicle tank meters, LPG
meters.
and agricultural
chemical and muss flow meters.
(5)
ACTION
UN CERTIFICATION.
The department shall grant or
deny an application under sub. (2) within 45 days after the
examination date under sub. (3) (c) except that, if no examination
is required under sub. (3), the department shall grant or deny an
application under sub. (2) within 45 days after the department
receives a complete application.
(6)
CERTIFICATION EXPIRES.
A certification under sub. (I)
expires 5 years after the department issues that certification.
(7) DENYING, SUSPENDING OR REVOKING
is
CERTIFICATION.
The
department may deny, suspend or revoke a certification under sub.
(1) for cause, pursuant to s. 93.06 (7). Scats., and ch. ATCP I.
Cause may include a violation of this chapter or ch. 98, Stats.
History: CR 02-141: cr. Register August 2003 No. 572. elf. 9-1-03, except ( I)
elE 12-31-04.
ATCP 92.22 Weights and measures service com-
panies; test procedures and equipment.
(1) GENERAL.
Whenever a weights and measures service company installs, ser-
vices, tests or calibrates a weighing or measuring device, the ser-
vice company shall do all the following:
(a)
Comply with this chapter and ch. 98, Stats.
(b)
Comply with applicable requirements contained in the
national institute of standards and technology handbook 44 (spec-
ifications, tolerances, and other technical requirements for weigh-
ing
and measuring devices), 2006 edition.
Note: The national institute of standards and technology handbook
44. 2006 edi-
tion. is on file with the department and the revisor of statutes.
YOU may purchase cop-
ies
of this handbook from the U.S. Government Printing Office. Superintendent of
Document Sales. P.O. Bnx 371954, Pittsburgh, PA 15250-7934.
(c)
Use equipment and standards that comply with sub. (2).
(d) Affix a security seal to any adjustment mechanism that is
designed to be sealed. The security seal shall identify the weights
and measures service company and individual technician by
name, initials or other unique identifiers.
(c) Prepare a report according to s. ATCP 92.23.
(2)
TEST
EQUIPMENT AND STANDARDS.
The department, Of a
laboratory certified by the national institute of standards and
technology, shall inspect, test and approve testing equipment and
standards used by weights and measures service companies. The
department or certified laboratory shall inspect, test and approve
the equipment at least once every 2 years unless the department
specifies
a different time interval t'or specific equipment or stan-
dards.
H istory: CR
0 2-
141: cr. Register August 2003 No. 572, cif. 9-1-03; CR 04-005:
am. (I) (b) and (note) Register October 2004 No. 586, cif. II I
.
04; CR 06-028: am.
(I) (13) Register November 2006 No. 611, eff. 12-1-06.
ATCP 92.23 Weights and measures service com-
panies; reports.
(1)
REPORT REQUIRED.
A weights and mea-
sures service company shall prepare a written report whenever it
installs, services, tests or calibrates a weighing or measuring
device. The weights and measures technician who performs the
work on behalf of the service company shall prepare and sign the
report. The report shall include all the following:
(a)
The name of the device owner or operator, the location of
the device, and a uniquely identifying description of the device,
(b) The date on which the service company installed, serviced,
tested or calibrated the device.
(c)
The nature of the work performed on the device.
(d)
A statement that an inspector had marked or sealed the
device as "rejected," if that is the case. The report shall include
the date of the "rejected" mark or seal, if known. The report shall
state whether the service company returned the device to service
and, if it did return the device to service, the date on which it did
SO.
(e) The level of accuracy and correctness found at the begin-
ning of each test and after any adjustments to the device.
(f)
A statement clearly indicating whether the device was cor-
rect when the service company completed its work. If the service
company did not determine whether the device was correct, the
report shall indicate that fact.
(g)
The name of the service company technician who installed,
serviced, tested or calibrated the device.
(2)
GIVING COPIES. Within 10 days after a weights and mea-
sures service company installs, services, tests or calibrates a
weighing or measuring device, the service company shall mail or
deliver a copy of its report under sub. (I) to each of the following:
(a) The owner or operator of the device.
(b) The department if the service company returns to service
a device rejected by the department.
(c)
The municipality if the service company returns to service
a device rejected by the municipality.
(3)
KEEPING COPIES.
A weights and measures service com-
pany shall keep a copy of every report under sub. ( I ) for at least
2 years after the report is created.
History: CR 02-141: cr. Register August 2003 No. 572. cff. 9-1-03.
ATCP 92.24 Prohibited practices,
No person who sells,
installs, services, tests or calibrates a weighing or measuring
device may do any of the following:
(1) Cause the device to be incorrect.
(2)
Misrepresent that the device is correct.
(3)
Misrepresent, directly or by implication, that the person
has determined whether the device is correct.
(4) Fail to comply with this chapter or ch. 98, Stats.
(5) Remove any reject tag or mark applied by a state or munic-
ipal inspector unless the person first does one of the following:
(a)
Adjusts the device to bring it into compliance with this
chapter and ch. 98, Stats.
(b)
Obtains express authorization from the department or, if
the reject tag or mark was applied by a municipal inspector, from
that municipality.
History: CR 02-141: cr. Register August 2003 No. 572. eft 9-1-03,
Subchapter
IV —
Vehicle and Livestock Scales
ATCP 92.30 Vehicle and livestock scales; permits
and construction requirements.
(1)
PERMIT REQUIRED.
No
person may install or relocate a vehicle or livestock scale without
a permit front the department. A permit application shall be made
in writing on a form provided by the department, and shall include
a construction plan. The application and construction plan shall
document that the scale complies with the construction standards
under sub. (3). The department shall grant or deny a permit
Register, November, 2006. No. 61I
685?
AGRICULTURE, TRADE & CONSUMER PROTECTION ?
ATCP 92.30
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
application within 20 business days after a complete application
and construction plan are tiled with the department.
(2) CONSTRUCTION PLAN.
Instead of filing a separate construc-
tion plan with each permit application under sub. (I). an applicant
may file a master construction plan which applies to 2 or more
applications, and may refer to that master plan in each individual
application. If a proposed installation or relocation entails any
deviation from the master plan, the individual permit application
shall clearly describe every deviation.
(3) CONSTRUCTION STANDARDS. Except
as provided under sub.
(6) or (8), every vehicle scale and every livestock scale shall com-
ply with the following construction standards:
(a)
Load-bearing piers.
The main load-bearing piers support-
ing a scale shall be constructed of reinforced concrete. The main
load bearing piers shall be poured so that they arc monolithic with
the scale walls, or shall be tied to the walls with 1/2 inch (1.2 cm)
reinforcing rods.
(b)
Scale walls.
1. The walls of every scale shall be con-
structed of reinforced concrete. The side walls of every scale.
other than a livestock scale constructed prior to January I, 1992,
shall be not less than 12 inches (30 cm) thick. The end walls of
every scale shall he not less than 16 inches (40 cm) thick, except
that end walls or a livestock scale or above-ground scale shall be
not less than 12 inches thick.
2. Throughout every scale wall, 1/2 inch (1.2 cm) reinforcing
rods shall be placed vertically on no more than 12 inch (30 cm)
centers, and horizontally on no more than 18 inch (45 cm) centers.
3. A vehicle scale end wall, if poured with seams or joints,
shall be constructed with a step at the outer edge to provide sup-
port for the vehicle approach slab unless the approach slab con-
sists of reinforced concrete which is poured monolithically with
the end wall and joined to the end wall with reinforcing rods. The
step shall extend for the entire length of the end wall, and shall be
at least 6 inches (15 cm) wide and 6 inches (15 cm) deep.
(c)
Foundations.
I. Load-bearing piers and scale walls shall
rest on reinforced concrete footings which extend at least 12
inches (30 cm) below the frost line, or on a reinforced concrete
base slab not less than 12 inches (30 cm) thick, Footings and slabs
which support load-bearing piers or scale walls shall be con-
structed according to the manufacturer's engineering drawings,
and shall be constructed to prevent frost heaving.
2.
Scale pit floors and surfaces underlying above-ground
vehicle scales shall be constructed of concrete, and shall be con-
structed so that they are well drained. The concrete floor or surface
shall extend the full length and width of the scale. This subdivision
does not apply to above-ground scales constructed prior to Janu-
ary I, 1992.
3. A load-bearing concrete surface underlying an above-
ground vehicle scale shall rest on a bed of compacted aggregate
which is at least 6 inches (15 cm) thick under every portion of the
load-bearing concrete surface, or on an altemative foundation
constructed according to the manufacturer's engineering draw-
ings. This subdivision does nut apply to above-ground scales
installed prior to January 1, 1992.
(d)
Top edge of scale wall.
The top inside edge of every scale
wall shall be framed, for its entire length, with a structural steel
angle iron coping. The angle iron shall be at least 2 inches (5 cm)
by 2 inches (5 cm) by 1/4 inch (.6 cm), and shall be constructed
with welded projections so that it can be anchored in the concrete
at approximately 4 foot (1.2 meter) intervals.
(e)
Clearances around scales.
I. In every scale pit, there shall
be a clearance of not less than 6 feet (1.8 meters) between the fin-
ished floor line of the scale pit and the top edge of the pit coping,
or a clearance of not less than 48 inches (1.2 meters) between the
finished floor line of the scale pit and the bottom of the load receiv-
ing clement, the bottom of the beam supporting the load receiving
element, or the top of the fully electronic load receiving element.
The clearance between the load receiving element and the coping
of every scale pit wall shall be not less than 1/2 inch (I .2 cm) and
not more than 3/4 inch (1.8 cm).
2.
In every above- ground scale, there shall be a clearance of
not less than 6 inches (15 cm) between the top surface of the base
slab and the bottom of the load receiving element. This subdivi-
sion does not apply to above- ground scales constructed prior to
January I, 1992.
3. In a scale pit containing a lever-type weighing element,
there shall be a clearance
orat least 27 inches (70 cm) on one side
of the transverse lever between the transverse lever and the pit
neck wall.
(f)
Mechanical indicating elements; support.
Mechanical
indicating elements, including weigh beams and dials, shall be
placed on reinforced concrete footings or metal structural mem-
bers which are sufficiently strong to prevent deflection.
(g)
Scale pit entrance.
Every scale pit shall include an entrance
through which persons may enter the scale pit. The entrance shall
take one of the following forms:
I. In a scale pit containing a lever-type weighing element, a
square opening in the pit neck, with dimensions of at least 22
inches (58 cm) by 22 inches (58 cm).
2.
An opening, at least 24 inches (60 cm) in diameter, in the
scale platform.
3.
An opening in the pit wall, not less than 36 inches (90 cm)
wide. The top of the opening shall be no lower than the bottom of
the weigh bridge, and the bottom of the opening shall be approxi-
mately even with the pit floor.
(h)
Approach surfaces.
Entry and exit approaches to a vehicle
scale shall be at least as wide as the scale platform and at least 1/2
the length of the scale platform. Where it meets the end wall of
a scale, each approach shall be supported on a step in the top of
the end wall as provided under par. (b). Extending for the first 10
feet from the scale, each approach surface shall be on the same
plane with the scale platform and shall be constructed of rein-
forced concrete, compacted asphaltic materials, steel grating or
structural steel plate of sufficient strength to withstand all loads
equal to the concentrated load capacity of the scale. The remain-
der of the approach surface shall be constructed of a durable mate-
rial and shall have a slope of not more than I :12 (vertical rise/hori-
zOntal run). The approach shall be constructed and maintained to
drain away from the scale, to provide easy vehicle access to the
scale, and to provide easy access by the department or a scale ser-
vice company to test compliance with s. ATCP 92.02 (1).
(i)
Livestock scales: test weight unloading platform.
A con-
crete test weight unloading platform shall be constructed and
maintained next to every livestock scale. The test weight unload-
ing platform shall be at least 10 feet (3 meters) long and 8 feet (2.4
meters) wide. The test weight unloading platform shall be on the
same level and plane as the scale platform. The test weight unload-
ing platform shall be situated so that a test truck can easily lower
test weights onto the test weight unloading platform, and so that
test weights can easily be moved from the test weight unloading
platform to the scale platform.
(4)
TOLERANCES.
Vehicle and livestock scales installed or
relocated under sub. (1) shall comply with acceptance tolerances
under s. ATCP 92.02 throughout the period starting with the first
date of use and ending 90 days after the department first receives
notice under sub. (5) that the scale is in use. After that initial
period, the scale shall comply with applicable tolerances under s.
ATCP 92.02.
(5) REPORT OF INSTALLATION OR RELOCATION.
If a person
installs or relocates a vehicle or livestock scale, that person shall
report the completed installation or relocation to the department
within 5 days after the installation or relocation is completed. The
report shall be filed in writing and shall include all of the follow-
ing:
(a) The department permit number for the scale installation or
relocation permit issued under sub. (I).
RegIster. November. 2506. No. 611
ATCP 92.30
?
WISCONSIN ADMINISTRATIVE CODE
?
686
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
(b)
The date of installation or relocation, and the location at
which the scale was installed or to which the scale was relocated,
(c)
The name of' the scale manufacturer, the brand name of the
scale, and the model or serial number of the scale,
(d) The capacity of the scale.
(e)
The sectional capacity of the scale if the scale was con-
structed before January I, 1989, or the concentrated load capacity
of the scale if the scale was manufactured on or after January I,
1989.
(f)
A scale test report showing that the scale was tested and cor-
rect before it was put into use. The scale test shall comply with s.
98.25, Stats.
(g)
A statement indicating whether the scale was sold in con-
nection with the installation or relocation. If the scale was sold, the
report shall include the name and address of the buyer and seller,
and shall indicate the date of sale.
(6)
PERMIT AUTHORIZING CONSTRUCTION VARIANCES.
The
department may, in its sole discretion, grant a variance from a con-
struction requirement under sub. (3) if the department determines
that the variance is justified by special circumstances. A person
requesting a variance under this subsection shall submit an
application and specific justification to the department in writing.
The department may impose any conditions on the variance,
including alternative construction requirements, which it consid-
ers necessary.
(7)
REJECTION NOTICE
A department weights and measures
inspector or a municipal weights and measures sealer may issue
a rejection notice under s. 98.05 (2), Stats., prohibiting the com-
mercial use of a vehicle or livestock scale which does not comply
with this section.
(8)
EXEMPTIONS.
Subsections (I) to (7) do not apply to any of
the following:
(a) A vehicle scale that is used for less than one year at the same
location.
(b) Portable vehicle scales installed with all of the following:
I. Durable load bearing foundations that comply with the
vehicle scale manufacturer's engineering drawings and specifica-
tions.
2.
Durable vehicle approaches that provide adequate drainage
away from the scale and easy access for the department or a scale
service company to test compliance with s. ATCP 92.02 (1).
3.
Durable approach bulkheads that provide a barrier between
the scale's weighing element, approach material and run oft:
(c) A vehicle scale used exclusively for highway construction
if that use is supervised by the state of Wisconsin department of
transportation.
Note: Scales identified under sub. (9) are nut exempt from s. ATCP 92.02, from
licensing requirements under s. 99 16, Slats., or from the annual testing requirement
under s. 99.25, Sims
History: Cr. Register, December. 1991. No. 432,
etT.
1-I -92; am. (1),(3) (b) 3.,
ie) I and 3., (e) I. and 3.. and (h), r. and rem (8). Register. December, 1995, No. 490,
elf. I -1-96. CR 02- 14 I: renum. front ATCP 92 03 Register August 2001 N. 572.
eIT. 9- I
N.
ATCP 92.31 Vehicle scale license.
(1) LICENSE
REQUIRED
No person may operate a vehicle scale without a
license from the department, as provided under a.
98.16, Stats. A
separate license is required for each scale. A license is not trans-
ferable between persons, scales or scale locations. A license
expires on March 31 annually.
(2)
LICENSE. APPLICATION.
A person applying for a license
under sub. (I) shall apply on a form provided by the department.
The application shall include all the following:
(a) The applicant's correct legal name and business address,
and any trade name under which the applicant proposes to operate
the vehicle scale.
(b) The nature and location of the vehicle scale.
(c)
The fees required under sub. (3).
(d) Other information that the department reasonably requires
for licensing purposes.
(3)
LICENSE FEES.
A person applying for a vehicle scale
license under sub. (I) shall pay an annual license fee of $100 per
vehicle scale. The applicant shall also pay a license fee surcharge
under s. 98.16 (2) (c), Stats., if that surcharge applies.
Note: Under s. 99.16 (2) (e). Stets., a license applicant must pay a surcharge of
9200 if the department finds that the applicant operated without a required license
within one year prior to submitting the license application. Other civil and
criminal
penalties may alio apply.
(4)
ACTION ON LICENSE APPLICATION.
The department shall
grant or deny a license application under sub. (2) within 20 busi-
ness days after the department receives a complete application.
(5) EXEMPTION
Subsection (1) does not apply to a person who
operates a vehicle scale only as an employee of a person who is
required to hold a license under sub. (1).
History: CR 02--141: cr. Register August 2003 No. 372, eff
Subchapter V — Liquefied Petroleum Gas
ATCP 92.40
Thermometer and thermometer well
specifications.
(1)
Every meter used for the liquid measure-
ment of liquefied petroleum gas sold or delivered to consumers
shall be equipped with a thermometer well. The well shall extend
into the flowing liquid either in the liquid chamber of the meter or
in the meter inlet or discharge line immediately adjacent to the
meter.
(2) The thermometer well shall be constructed so as to permit
insertion of a mercury in glass Fahrenheit thermometer which has
one-degree graduations, spaced at least 0.04 inch apart.
History: CR 02 141: renum. from ATOP 92.05 (1) Register August 2003 No. 572,
etT
.
9-1-03.
ATCP
92.41 Manual volume correction.
When lique-
fied petroleum gas is sold or delivered to consumers by liquid
measurement through use of' a liquid meter that is not equipped
with an automatic temperature compensating mechanism, then its
volume shall be corrected to a temperature of 60° F. through use
of the volume correction factor table set forth in this paragraph.
To correct measured volume to volume at 60° F., determine the
temperature of the liquid after midpoint in the delivery from the
thermometer referred to in s. ATCP 92.40, find the observed tem-
perature in the temperature column in the table, refer to the appro-
priate column for the product delivered, read the volume conver-
sion factor opposite the observed temperature, and multiply the
volume delivered as indicated by the meter by the factor to obtain
the volume at 60° F.
CORRECTION FACTOR TABLE
Temperature
Propane
Butane
-20 ?
1.115
1.080
-19 ?
1.113
1.079
•I8??
1.112
1.078
--17
??
1.111
1.077
--16
??
1.110
1.076
15??
1.109 1,075
-14
??
1.108 1.074
-13
??
1.107 1.073
12
??
1.105 1.072
-11??
1.103
1.07]
-10 ?
1.102
1.071
Register, November, 2006, No. 611
687?
AGRICULTURE, TRADE & CONSUMER PROTECTION ?
ATCP 92.41
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Temperature
?
Propane?
Butane?
Temperature
?
Propane Butane
-
9
1.101 1.070 40
1.032 1.021
-8
1.100 1.069 41
1.030 1.020
-7
1.098 1,068 42
1.029 1.019
-6
1.096 1.067 43
1.027 1.018
- 5
1.094 1.066 44
1.026 1.017
4
1.092 1.065 45
1.024 1.016
3
1.091 1.065 46
1.022 1.015
- 2
1.090 1.064 47
1.020 1.014
-I
1.089 1.063 48
1,019 1.013
0
1.088 1.062 49
1.017 1.012
1
1.087 1.061 50
1.016 1.011
2
1.086 1.060 51
1.014 1.010
3
1.084 1.059 52
1.013 1.009
4
1.083 1.058 53
1.011 1.007
5
1.081 1.057 54
1.010 1.006
6
1.080 1.055 55
1.008 1.005
7
1.079 1.054 56
1.007 1.004
8
1.078 1.053 57
1.005 1.003
9
1.076 1.052 58
1.003 1.002
10
1.075 1.051 59
1.001 1.001
II
1.073 1.050 60
1.000 1.000
12
1.072 1.049 61
.998 .999
13
1.071 1.048 62
.997 .998
14
1.070 1.047 63
.995 .997
15
1.068 1.046 64
.993 .996
16
1.067 1.045 65
.991 .994
I7
1.066 1.044 66
.990 .993
18
1.065 1.043 67
.988 .992
19
1.063 1.042 68
.986 .991
20
1.062 1.041 69
.984 .990
21
1.060 1.040 70
.983 .989
22
1.059 1.039 71
.981 .988
23
1.057 1.038 72
.980 .987
24
1.056 1.037 73
.978 .986
25
1.054 1.036 74
.976 .985
26
1.053 1.036 75
.974 .983
27
1.051 1.035 76
.973 .982
28
1.050 1.034 77
.971 .981
29
1.048 1.033 78
.970 .980
30
1.047 1.032 79
.968 .979
31
1.045 1.031 80
.967 .978
32
1.044 1.030 81
.965 .977
33
1.042 1.029 82
.963 976
34
1.041 1.028 83
.961 .975
35
1.039 1.026 84
.959 .974
36
1.038 1.025 85
.957 .972
37
1.036 1.024 86
.956 .971
38
1.035 1.023 87
.954 .970
39
1.033 1.022 88
.952 .969
Register. November. 2606, No. 611
ATCP 92.41?
WISCONSIN ADMINISTRATIVE CODE?
688
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Temperature?
Propane
?
Butane
89 ?
.950
.968
90 ?
.949
.967
91??
.947 .966
92
?
.945
.965
93 ?
.943
.963
94 ?
.941
.962
95 ?
.939
.961
96 ?
.938
.960
97 ?
.936
.958
98 ?
.934
.957
99 ?
.932
.956
100 ?
.930
.955
History: CR 02-141: rcnum. from ATCP 92,05 (2) Register August 20(13 No. 572,
eft. 9-1-03; correction made under h. 13.93 (2m1(b) 7.. Slats., Register August 2003
No. 572.
ATCP 92.42 Sales tickets. (1)
When delivery of lique-
fied petroleum gas is made through a liquid meter equipped with
an automatic temperature compensating mechanism, the word
"gallon" or any abbreviation thereof shall not appear alone on the
sales ticket but shall be immediately preceded or followed by the
words"automatically corrected to 60° F." in the same size and
style of type,
(2) When delivery of liquefied petroleum gas is made through
a liquid meter not equipped with an automatic temperature com-
pensating mechanism, the sales ticket shall show the delivered
gallons, the temperature of the liquid at the time of delivery, the
volume correction factor, and the corrected gallonage. Wherever
a statement of corrected gallonage appears on the sales ticket the
words "corrected to 60° F." shall appear immediately adjacent
thereto.
History: CR 02-141: mourn, from ATCP 92.05 (3) Register August 2003 No. 572,
eff. 9-1-01
ATCP 92.43 Registered meters.
The owner of a meter
used to determine the liquid measure of liquified petroleum gas
sold or delivered to consumers by liquid measure shall register
that meter with the department, and shall pay to the department a
one–time registration fee of $25. The owner shall register each
meter and pay the fee for that meter within 60 days after July I,
1999, or within 60 days after the owner acquires that meter,
whichever occurs later. A registration is not transferable between
owners.
History: CR 02-141: renum. from ATCP 92.05 (4) Register August 21203 No. 572.
c1T.
Register, Nosember, 2000.
No.
611
EXHIBIT G
Nov 19 2007 11:51AM
?
408-871-8983
?
p . 1
.ALLIED MEASUREMENT SYSTEMS CORPORATION
P.O. Box 843. Crestwood, Illinois 60445
?
Phone 708-585-0465 • Fax 708-5854664
Scale Calibration Report
4-4
A/4 A/dry
?
oP.et
14-?
Location:
/ r
.
lar
L.
Sr
aa,
?
,
L
01,
r
41).44 C
?
Serial
Scale
#:
Mfg/Model*:
?
";
?
IA-
1r .es
Neu Calibration Due
.
e
On or Before
r3
///o?
?
?
Tested
Calibration
BrU4
Frequency:
e
ue
Cie..a
g.
"
1.1
e
1
11-v.
c,
r
Registration
1,01
#:
,DS
INDICATOR
migthiggict
?
Saul
No,
Capacity
/.7
0 Cs
cja
t...)
WEIGHT?
AS
APPLIED
?
FOUND
AS
(704Jir-5
LEFT
SOO
Thir W lght Seilal Number
Oc)
1
pan
"-s-f?
rte
s
+
Oa
C:9
?
.7 /4)?
/00.4.3'
Customer:
Address:
City/Stara
Contact:
Cust. Scale ID:
-5-
4:
The test weights used in dais test
were certified by the
procedures
to the Standards
of the Federal Groin Inspection Service, Masers Salk Depot
., 5800 W. 69s6 Street,
traceable to the Nekmal Institute of Standards and Technology through tort(s)
822/C.47129-95, 11.95-333. They were
widdrJadjusted
to within Qua tole:ones u
specified
by NIST handbook 1D5-1.
Boa nieuturearienn of
uncertainty calml
y:al using
a cave:rage
factor of K.2. This
provides?
dance level of
95%.
ANDARD
0 17025 ACCREDITED (QS9000)
As Found Condition Wass
?
V
In Tolerance;
??
Out of Tolerance
If out of tolerance condition is found, contact Unit Representative
immediately.
Recommendations / Remarks:
Test Results:
/PASS
?
FAIL
Date:
/2A
-
2
Customer Si
?
are
/
TeclmiLrjangna
rcpt
r c
?
I .3
0 P
?
1...7tOcs"
..57-,44110•1.1
7
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02
02
0?
/ cp
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