101.16(3)

(3) Filling, evacuating, and use of containers.

101.16(6)

(6) Exemption. This section does not apply to railroads engaged in interstate commerce or to equipment used by them.

101.16(5m)(c)

(c) An action under this subsection shall be commenced within 180 days after the cause of action accrues or be barred.

101.16

101.16 Liquefied petroleum gas.

101.16(1)

(1) Definitions. In this section:

101.16(1)(b)1.

1. Propane.

101.16(1)(b)2.

2. Propylene.

101.16(1)(b)3.

3. Butane.

101.16(3g)

(3g) License required.

101.16(3r)

(3r) Financial responsibility.

101.16(3r)(e)

(e) Each retail supplier shall file proof of financial responsibility as required under this subsection with the department.

101.16(1)(b)4.

4. Butylene.

101.16(1)(a)

(a) “Department of transportation cylinder” means a container that holds liquefied petroleum gas and that meets the specifications established by the federal department of transportation.

101.16(1)(b)

(b) “Liquefied petroleum gas” means any material which is composed predominantly of, or any mixtures of, any of the following hydrocarbons including their isomers:

101.16(1)(c)

(c) “Propane gas system” means an assembly consisting of one or more containers that has a total water capacity of at least 100 gallons and a means of conveying propane gas from the container or containers to a point of connection with devices used to consume the propane gas. A “propane gas system” includes all piping and other components associated with the assembly that are used to control the quantity, flow, pressure, and physical state of the propane gas.

101.16(1)(d)

(d) “Retail supplier” means a person engaged in the business of filling containers that have a water capacity of at least 4 pounds with liquefied petroleum gas that is intended to be used directly from the containers as fuel. “Retail supplier” does not include a person who fills such containers with liquefied petroleum gas for the person’s own use.

101.16(2)

(2) Rules. The department shall promulgate rules to ascertain, fix, and order such reasonable standards, rules, or regulations for the design, construction, location, installation, operation, repair, and maintenance of equipment for storage, handling, use, and transportation by tank truck or tank trailer, of liquefied petroleum gases for fuel purposes, and for the odorization of said gases used therewith, as shall render such equipment safe.

101.16(3)(a)

(a) Except as provided in para. (b), no person, other than the owner of a liquefied petroleum gas container or a person authorized by the owner, may fill, refill, evacuate, or use in any other manner the container for any purpose.

101.16(3)(b)

(b) A retail supplier may evacuate a liquefied petroleum gas container not under its ownership in order to transfer the remaining liquefied petroleum gas that is in that container into a container that is under its ownership.

101.16(3g)(b)

(b) The department shall publish an annual list of all retail suppliers holding valid licenses under par. (a).

101.16(3r)(a)

(a) Except as provided in par. (b), a retail supplier shall maintain proof of financial responsibility in the amount of $1,000,000 per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.

101.16(3g)(a)

(a) No retail supplier may distribute liquefied petroleum gas without holding a license issued by the department. The department, subject to § 101.02 (20) and (21), shall issue a license to be a retail supplier upon receiving the fee established under § 101.19 (1)(L) or (1m) and upon obtaining proof of financial responsibility as required under sub. (3r) (c). The term of the license shall be set by the department, not to exceed 2 years.

101.16(3r)(b)

(b) A retail supplier who only fills department of transportation cylinders or who only fills containers for engine and recreational vehicle fueling systems shall maintain proof of financial responsibility in the amount of $500,000 per occurrence with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily injury and property damages for incidents associated with the release of liquefied petroleum gas.

101.16(3r)(c)

(c) A retail supplier may obtain any of the following to prove financial responsibility as required under par. (a) or (b):

101.16(3r)(c)1.

1. A surety bond that is issued by a surety company that is listed as an acceptable surety for federal bonds on the date that the surety bond is obtained in the most recently published U.S. department of the treasury’s circular 570.

101.16(3r)(c)2.

2. An irrevocable letter of credit that is issued by a financial institution that is authorized to do business in this state or that is federally chartered. The letter of credit shall be for an initial period of at least one year.

101.16(3r)(c)3.

3. Commercial general liability insurance as an endorsement to an existing policy or as a separate policy from an insurer, or a risk retention group, that is licensed to transact the business of insurance in this state or that is eligible to provide insurance as a surplus lines insurer in one or more states.

101.16(3r)(d)

(d) A retail supplier who fails to maintain proof of financial responsibility as required under par. (a) or (b), may not distribute liquefied petroleum gas at retail until such proof is obtained.

101.16(3r)(f)

(f) A 3rd party that issues a surety bond, a letter of credit, or general liability insurance to a retail supplier for purposes of this subsection shall provide written notice to the retail supplier and to the department at least 60 days before canceling, revoking, suspending, or failing to renew the bond, letter, or insurance.

101.16(3r)(g)

(g) A retail supplier that cancels or fails to renew a surety bond, a letter of credit, or general liability insurance shall notify the department at least 60 days before cancelling or failing to renew the bond, letter, or insurance. Upon receipt of the notice, the department shall revoke the retail supplier’s license issued under sub. (3g).

101.16(3r)(h)

(h) A financial institution that issues an irrevocable letter of credit to a retail supplier for purposes of this subsection shall renew the letter automatically unless notice is given as required under par. (f).

101.16(4)

(4) Requirements to provide information.

101.16(4)(a)

(a) The person actually performing the work of installing equipment utilizing liquefied petroleum gas for fuel purposes shall furnish the user of the equipment a statement, the form of which shall be prescribed by the department, showing that the design, construction, location, and installation of the equipment conforms with the rules promulgated by the department under this section.

101.16(4)(b)

(b)

101.16(4)(b)1.

1. A person who owns, leases, or uses a propane gas system and who is a customer of a retail supplier shall notify the retail supplier of propane gas for the propane gas system of any interruption in the operation of the propane gas system due to the replacement, modification, repair, or servicing of the propane gas system by any person other than the retail supplier. The customer shall provide the notice at least 7 days in advance of the interruption in the operation of the propane gas system, except as provided in subd. 2. The retail supplier, or the person replacing, modifying, repairing, or servicing the propane gas system, shall perform a check for leaks or other defects in the propane gas system before placing the propane gas system back into operation in the manner required by rule.

101.16(4)(b)2.

2. If the interruption of a propane gas system subject to subd. 1. is due to emergency repair or servicing, the customer shall provide the notice to the retail supplier as soon as possible and no later than 24 hours after the repair or servicing is completed.

101.16(4)(c)

(c) Each retail supplier filling a container that is part of a propane gas system shall provide written notice to each customer subject to para. (b) of the customer’s duty under para. (b) before the retail supplier’s first delivery of propane gas to that customer and shall provide subsequent notices on an annual basis. The notice shall include all of the following information concerning the duty to notify under para. (b):

101.16(4)(c)1.

1. The name, address, and telephone number of the retail supplier.

101.16(4)(c)2.

2. The purpose of giving the notification to the retail supplier.

101.16(4)(c)3.

3. A description of the type of propane gas system that is subject to the notification requirement.

101.16(4)(c)4.

4. A description of the types of activities that constitute a replacement, modification, repair, or servicing of a propane gas system.

101.16(4)(c)5.

5. A copy of the provisions under § 101.16 (4)(b).

101.16(5)

(5) Penalties.

101.16(5)(ac)

(ac) Except as provided in para. (am), any person who violates sub. (3) or (4) or any rule promulgated under sub. (2) shall forfeit not less than $10 nor more than $1,000.

101.16(5)(am)

(am) Any person who intentionally violates sub. (3) or (4) or any rule promulgated under sub. (2) shall be fined not less than $25 nor more than $2,000, or shall be imprisoned not less than 30 days nor more than 6 months.

101.16(5)(b)

(b) Except as provided in para. (c), any retail supplier who violates sub. (3g) or (3r) shall forfeit not less than $500 and not more than $1,000 for the first offense and not less than $2,000 but not more than $5,000 for each subsequent offense.

101.16(5)(c)

(c) Any retail supplier who violates sub. (3g) or (3r) shall forfeit not less than $200 and not more than $400 for the first offense and not less than $800 but not more than $2,000 for each subsequent offense if the retail supplier is one of the following:

101.16(5)(c)1.

1. A retail supplier who only fills department of transportation cylinders.

101.16(5)(c)2.

2. A retail supplier who only fills containers for engine and recreational vehicle fueling systems.

101.16(5)(cr)

(cr)

101.16(5m)

(5m) Civil liability.

101.16(5m)(a)1.

1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum gas at retail until the retail supplier receives the required license.

101.16(5)(cg)

(cg) Paragraphs (b) and (c) do not apply to intentional violations of subs. (3g) or (3r).

101.16(5)(cm)

(cm) Except as provided in para. (cn), any retail supplier who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $500 nor more than $1,000 for the first offense and not less than $2,000 nor more than $5,000 for each subsequent offense.

101.16(5)(cn)

(cn) Any retail supplier who only fills department of transportation cylinders or containers for engine and recreational vehicles and who intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6 months or shall be fined not less than $200 nor more than $400 for the first offense and not less than $800 nor more than $2,000 for each subsequent offense.

101.16(5)(cr)1.

1. Each day of violation of sub. (3) constitutes a separate offense.

101.16(5)(cr)2.

2. Each day of violation of sub. (3g) constitutes a separate offense.

101.16(5)(cr)3.

3. Each day of violation of sub. (3r) constitutes a separate offense.

101.16(5)(cr)4.

4. Each day of violation of sub. (4) constitutes a separate offense.

101.16(5)(d)

(d) If a retail supplier is found in violation of sub. (3g) or (3r), the court shall require that the retail supplier cease distributing liquefied petroleum gas at retail until the retail supplier is issued the license required under sub. (3g).

101.16(5m)(a)

(a) Any retail supplier who is licensed under sub. (3g) and who suffers damages caused by the filling of a container that is not a department of transportation cylinder by another retail supplier who is not so licensed may bring an action against the unlicensed retail supplier to do any of the following:

101.16(5m)(a)2.

2. Receive monetary damages equal to 3 times the amount of any monetary loss sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed supplier is not licensed under sub. (3g).

101.16(5m)(b)

(b) Notwithstanding § 814.04 (1), a retail supplier who prevails in an action under par. (a) shall be awarded reasonable attorney fees.