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Enforcement Questions and Answers

Question: 

Under what authority does the Asbestos and Lead Program conduct inspections of renovation projects and other activities that may disturb lead-based paint?

Answer:

The authority to conduct inspections is found in the following section of the Wisconsin Administrative Code:

Wis. Admin. Code s. DHS 163.30 General provisions. (3) AUTHORITY TO INVESTIGATE.

(b) An authorized representative of the department may enter a site where a regulated activity is being or has been conducted or a site that the authorized representative of the department has reason to believe may be involved with a regulated activity. An authorized representative of the department may also enter the site where a person regulated under this chapter conducts business. The representative may conduct tests, take samples, review work practices, review and copy records and perform other activities necessary to determine compliance with this chapter. No person who is required to establish or maintain records under this chapter may refuse to provide or copy records, or refuse to permit entry or access to an authorized representative of the department if that representative presents a valid identification issued to the representative by the department and if that representative is complying with par. (a). No person may obstruct, hamper or interfere with the actions of that representative under this paragraph.

 

Question:  How does the Asbestos and Lead Program determine what enforcement actions to take when violations are found?
Answer:  The Asbestos and Lead Program attempts to provide the public and regulated community with information necessary to comply with the regulations administered by this program and to help ensure the safety of State citizens.  When violations are found, they are evaluated by an enforcement team consisting of members of the Asbestos and Lead Section and the program attorney.

Enforcement actions are taken in relation to the nature, scope, and potential consequences of the violation.  The greater the potential for harm and the more serious the consequences of the violation, the higher the level of enforcement.  A stepped enforcement process is followed, in which an attempt is made to resolve issues at the lowest level of enforcement necessary to ensure compliance.  For less severe violations in which the responsible party acts to implement corrections in a timely manner, the action may involve a warning letter or notice of noncompliance that may or not require the submittal of a formal plan of correction.  In cases in which the responsible party fails to make efforts to correct violations or is otherwise uncooperative, or the violations are more serious, higher levels of enforcement are taken.  These may include one or more of the following: administrative order, economic sanction, or denial, suspension, or revocation of certification.  The department may also request that the responsible party meet with Asbestos and Lead Program staff to discuss the issues involved in the case.

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Last Revised: July 24, 2013