Wis. Admin. Code WEM — Department of Military Affairs [Emergency Management]

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Chapter WEM 1 FEES

Wis. Admin. Code § WEM 1.01 Purpose {#sec-wem-1.01 omnilex-key=us-wi-regs-official--agency-wem--WEM 1.01}

The purpose of this chapter is to establish a fee payment structure for owners or operators of facilities with hazardous chemicals present, as required by s. 323.60 (7), Stats.

History

  • Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, August, 1996, No. 488, eff. 9-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 1.02 Definitions {#sec-wem-1.02 omnilex-key=us-wi-regs-official--agency-wem--WEM 1.02}

In this chapter:

(1) “Batch plant” means an operating installation of equipment including batchers and mixers as required by batching and mixing concrete or asphalt materials.

(2) “Committee” has the meaning given in s. 323.60 (1) (b), Stats.

(3) “Division” means the division of emergency management.

(4) “Emergency planning notification fee statement” means the form prepared by the division for the purpose of collecting the fee under s. WEM 1.03, claiming the exemption from the fee under s. WEM 1.06, and providing emergency planning notification required under s. 323.60 (5) (a), Stats.

(5) “Facility” has the meaning given in s. 323.60 (1) (c), Stats.

(6) “Fee remittance form” means the form prepared by the division for the purpose of collecting the fee under s. WEM 1.04.

(7) “Hazardous chemical” has the meaning given in s. 323.60 (1) (f), Stats.

(8) “Inventory form fee statement” means the form prepared by the division for the purpose of collecting the fee under s. WEM 1.04 or claiming exemption from the fee under s. WEM 1.07.

(9) “Petroleum marketing facility” means a facility where petroleum products are stored for retail or resale, and received by tank vessels, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, tank car, tank vehicle, or portable tank, and where petroleum products used as motor fuels are stored and dispensed from fixed equipment into vehicle fuel tanks. Retail applies to all instances of resale as defined in state law. Resale facilities also include every person engaged in the business of making sales to the general public at retail within this state.

(10) “Road de-icing agent” means a substance used alone or in combination with an abrasive material to supplement winter maintenance operations intended to provide adequate traction for pedestrians and vehicles properly equipped for winter driving conditions.

(11) “Site plan” means facility plans which indicate the storage location of hazardous chemicals on the site as required under s. WEM 1.04 (1).

(12) “Temporary construction facility” means a facility under construction containing more than 50,000 total cubic feet of new structure or 50,000 cubic feet of remodeled structure or additions or a transportation construction project as defined in s. 84.013 (1), Stats., as well as all sites within the project limits.

Note: A public right-of-way does not separate into 2 or more facilities two or more sites within the project limits.

History

  • Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. cr. (7) to (9) eff. 2-26-92; r. and recr. Register, January, 1993, No. 445, eff. 2-1-93; correction in (6), (8) and (10) under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994; am. (3), renum. (4) to (7), (9) to (10) to be (5), (7) to (9), (10), (11), r. (8), cr. (4), (6), (12), Register, August, 1996, No. 488, eff. 9-1-96; corrections in (2), (4), (5) and (7) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 1.03 Emergency planning notification fee {#sec-wem-1.03 omnilex-key=us-wi-regs-official--agency-wem--WEM 1.03}

Except as provided in s. WEM 1.06, an owner or operator shall timely submit a one-time fee of $1,080 per facility with the one-time emergency planning notification required under s. 323.60 (5) (a), Stats. To be considered timely, the required documentation and fees must be received physically or electronically by the division within 60 days of acquiring extremely hazardous materials.

History

  • Cr. Register, January, 1990, No. 409, eff. 2-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; EmR0836: emerg. am. eff. 12-1-08; CR 08-106: am. Register April 2009 No. 640, eff. 5-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 23-032: am. Register July 2024 No. 823, eff. 8-1-24.
Wis. Admin. Code § WEM 1.04 Hazardous chemical inventory reporting and inventory form fee {#sec-wem-1.04 omnilex-key=us-wi-regs-official--agency-wem--WEM 1.04}

(1) An owner or operator of a facility required to timely submit an inventory form under s. 323.60 (5) (c), Stats., shall submit a Tier II inventory form, a site plan, inventory form fee statement and the appropriate inventory form fee annually. To be considered timely, the required documentation and fees must be received physically or electronically by the division on or before March 1.

(2) An owner or operator of a facility that has submitted an inventory form pursuant to s. 323.60 (5) (c), Stats., for the previous reporting period and which is no longer subject to the inventory form reporting requirements for the current reporting period shall timely submit any inventory form fee statement received from the division stating why the facility is no longer subject to the inventory form reporting requirements. To be considered timely, the required document must be received physically or electronically by the division on or before March 1.

(3) The primary contractor or owner or operator of a temporary construction facility that may store hazardous chemicals at or above the appropriate threshold reporting quantity during the construction operations, shall submit a Temporary Construction Facility Emergency Response and Hazardous Chemical Report to the division, all committees with jurisdiction over the facility, and all local fire departments with jurisdiction over the facility, and shall submit the appropriate fee under sub. (7) to the division, within 15 calendar days after the building permit is obtained or the contract is awarded.

(4) An owner or operator of a batch plant shall submit an inventory list specifying the hazardous chemicals that will be present at or above the appropriate threshold reporting quantity or a copy of the operator’s OSHA HazCom Chemical Inventory, and the Batch Plant Emergency Response and Hazardous Chemical Report with a generic site plan or manufacturer’s assembly diagram showing the relationship of the batch plant components within 15 calendar days from the time the batch plant is first brought into the state and set up for actual operation to the division, all committees with jurisdiction over the facility, and all local fire departments with jurisdiction over the site.

(5) If a batch plant is relocated, the owner or operator shall submit a Batch Plant Emergency Response and Hazardous Chemical Report to the division, all committees with jurisdiction over the facility, and all fire departments with jurisdiction over the facility within 15 calendar days from the date the batch plant is relocated and set up for actual operation.

(6) The owner or operator of a batch plant that stores hazardous chemicals at or above the appropriate threshold reporting quantity, may report under sub. (1), in lieu of reporting under sub. (4).

(7) Except as provided under s. WEM 1.07, the inventory form fee required under this section is:

(a) For facilities submitting an inventory form listing one hazardous chemical subject to inventory form fee calculations and a maximum daily amount of less than 100,000 pounds, $275. Facilities with an actual maximum daily amount of 100,000 pounds or more, $330.

(b) For facilities submitting an inventory form listing 2 to 10 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $550. Facilities with an actual maximum daily amount of 100,000 pounds or more, $655.

(c) For facilities submitting an inventory form listing 11 to 100 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $825. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $990.

(d) For facilities submitting an inventory form listing 101 to 200 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,010. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,210.

(e) For facilities submitting an inventory form listing 201 to 300 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,195. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,430.

(f) For facilities submitting an inventory form listing 301 to 400 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,380. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,650.

(g) For facilities submitting an inventory form listing 401 to 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,560. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $1,870.

(h) For facilities submitting an inventory form listing over 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $1,745. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $2,090.

(i) For temporary construction facilities, $35.

(j) For batch plants, $35.

Note: Instructions for reporting and submitting fees can be found on the division’s website: https://wem.wi.gov/epcra/.

History

  • Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. renum. (3) to be (3) and (4) and am., cr. (5), eff. 2-26-92; r. and recr. (3), cr. (4) to (6), Register, January, 1993, No. 445, eff. 2-1-93; correction in (6) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; am. (1), (2), (3), r. (4), renum. (5), (6) to be (4), (7) and am., cr. (5), (6), Register, August, 1996, No. 488, eff. 9-1-96; emerg. cr. (8), eff. 1-20-99; EmR0836: emerg. am. (7) eff. 12-1-08; CR 08-106: am. (1) and (7) Register April 2009 No. 640, eff. 5-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2009 No. 640; corrections in (1) and (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 23-032: am. (1), (2), (7) (a) to (j) Register July 2024 No. 823, eff. 8-1-24.
Wis. Admin. Code § WEM 1.05 Surcharge {#sec-wem-1.05 omnilex-key=us-wi-regs-official--agency-wem--WEM 1.05}

An owner or operator who fails to pay a fee under s. WEM 1.03 or 1.04 on or before its due date shall pay a surcharge of 20% of the unpaid balance of the fee due.

History

  • Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, April, 1994, No. 460, eff. 5-1-94; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465.
Wis. Admin. Code § WEM 1.06 Exemptions, emergency planning notification fee {#sec-wem-1.06 omnilex-key=us-wi-regs-official--agency-wem--WEM 1.06}

A facility is not required to pay a fee under s. WEM 1.03 if any of the following apply:

(1) A facility meets the exemption criteria in s. 323.60 (7) (d), Stats.

(2) A facility has submitted a planning notification fee under s. 323.60 (7) (a) 1., Stats.

History

  • Cr. Register, January, 1990, No. 409, eff. 2-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; corrections in (1) and (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 1.07 Exemptions, inventory form fee {#sec-wem-1.07 omnilex-key=us-wi-regs-official--agency-wem--WEM 1.07}

A facility is not required to pay a fee under s. WEM 1.04 if any of the following apply:

(1) The facility meets the exemption criteria in s. 323.60 (7) (d), Stats.

(2) A facility is not required to pay a fee under s. WEM 1.04 (7) (a) to (h) if it is a temporary construction facility or a batch plant reporting under s. WEM 1.04 (3) or (4) unless the batch plant chooses to file under s. WEM 1.04 (1).

(3) The facility is a facility at which petroleum products are received by tank truck, tank trailer, or railroad tank car and stored for resale, and the fee is for gasoline or diesel fuel.

(4) The facility has sand, gravel or both on-site. If a facility has other hazardous substances present on-site in amounts pursuant to s. 323.60, Stats., the sand, gravel or both present does not count in the fee calculation. All other hazardous substances regulated under s. 323.60, Stats., shall be included in the calculation of the fee. Whether or not a fee is due, all hazardous substances regulated under s. 323.60, Stats., shall be reported.

(5) The facility has calcium chloride, sodium chloride, or calcium magnesium acetate, when used as road de-icing agents. If a facility has other hazardous substances present on-site in amounts pursuant to s. 323.60, Stats., the calcium chloride, sodium chloride, or calcium magnesium acetate, when used as road de-icing agents, do not count in the fee calculation. All other hazardous substances regulated under s. 323.60, Stats., shall be included in the calculation of the fee. Whether or not a fee is due, all hazardous substances regulated under s. 323.60, Stats., shall be reported.

History

  • Cr. Register, January, 1990, No. 409, eff. 2-1-90; emerg. am., cr. (1) to (4), eff. 2-26-92; r. and recr., Register, January, 1993, No. 445, eff. 2-1-93; corrections in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; am. (4), cr. (5), Register, October, 1995, No. 478, eff. 11-1-95; am. (intro.), (2), Register, August, 1996, No. 488, eff. 9-1-96; corrections in (1), (4) and (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 23-032: am. (3) Register July 2024 No. 823, eff. 8-1-24.

Chapter WEM 2 INSPECTION

Wis. Admin. Code § WEM 2.01 Purpose {#sec-wem-2.01 omnilex-key=us-wi-regs-official--agency-wem--WEM 2.01}

The purpose of this chapter is to establish the procedure to authorize individuals to conduct inspections on behalf of the division or committee, as required by s. 323.60 (7m) (b), Stats.

History

  • Cr. Register, May, 1991, No. 425, eff. 6-1-91; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 2.02 Definitions {#sec-wem-2.02 omnilex-key=us-wi-regs-official--agency-wem--WEM 2.02}

In this chapter:

(1) “Committee” has the meaning given in s. 323.60 (1) (b), Stats.

(2) “Division” means the division of emergency management.

(3) “First responder awareness” means a training course that meets the criteria established in 40 CFR 311 and 29 CFR 1910.120 (q) (6) (i).

(4) “Hazardous chemical” has the meaning given in s. 323.60 (1) (f), Stats.

History

  • Cr. Register, May, 1991, No. 425, eff. 6-1-91; corrections in (1) and (4) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 2.03 Experience requirement {#sec-wem-2.03 omnilex-key=us-wi-regs-official--agency-wem--WEM 2.03}

Individuals who are authorized to conduct inspections relating to hazardous chemicals under the authority of another state agency or a local government unit shall be deemed to have the experience necessary to conduct inspections under s. 323.60 (7m) (a), Stats.

History

  • Cr. Register, May, 1991, No. 425, eff. 6-1-91; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 2.04 Training requirements {#sec-wem-2.04 omnilex-key=us-wi-regs-official--agency-wem--WEM 2.04}

(1) Individuals shall be deemed to have the necessary training to conduct inspections under s. 323.60 (7m) (a), Stats., who have completed a division approved course in all of the following:

(a) Requirements of s. 323.60, Stats., and any implementing rules.

(b) Methods and procedures of conducting inspections.

(c) First responder awareness.

(2) The division shall, at least annually, publish a list of courses which the division has approved as meeting the training requirements of this section.

History

  • Cr. Register, May, 1991, No. 425, eff. 6-1-91; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; corrections in (1) (intro.) and (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 2.05 Authorization of inspectors {#sec-wem-2.05 omnilex-key=us-wi-regs-official--agency-wem--WEM 2.05}

(1) The division or a committee may authorize an individual to conduct inspections who meets the requirements of s. WEM 2.03 or 2.04 and passes a written test given by the division.

(2) Only individuals who provide documentation that they meet the requirements of this section may be authorized to conduct inspections under s. 323.60 (7m) (a), Stats.

(3) The division and each committee shall authorize at least one individual to conduct inspections by one year from June 1, 1991. A committee may designate an inspector authorized by the division as its authorized inspector.

(4) The committee shall provide the division with the name and proof of qualification of any individual that the committee has authorized to conduct inspections.

(5) The division shall at least annually publish a list of individuals who have been authorized by either the division or a committee to conduct inspections.

(6) An individual may be authorized to conduct inspections for a period of 2 years from the date of authorization. The authorization may be renewed for 2 year periods at the discretion of the division or committee.

(7) At its discretion, the division or committee may terminate at any time the authorization of an individual to conduct inspections on its behalf.

History

  • Cr. Register, May, 1991, No. 425, eff. 6-1-91; correction made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 2.06 Establishment of procedures {#sec-wem-2.06 omnilex-key=us-wi-regs-official--agency-wem--WEM 2.06}

Prior to June 1, 1991, the division shall establish procedures to implement this section.

History

  • Cr. Register, May, 1991, No. 425, eff. 6-1-91.

Chapter WEM 3 TOXIC CHEMICAL INVENTORY REPORTS BY PRIVATE AND PUBLIC AGENCIES

Wis. Admin. Code § WEM 3.01 Purpose {#sec-wem-3.01 omnilex-key=us-wi-regs-official--agency-wem--WEM 3.01}

The purpose of this chapter is to define reporting requirements for submission of toxic chemical inventory reports by private agencies and public agencies as required by s. 323.60 (5) (d) to (f), Stats.

History

  • Cr. Register, November, 1991, No. 431, eff. 12-1-91; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 3.02 Definitions {#sec-wem-3.02 omnilex-key=us-wi-regs-official--agency-wem--WEM 3.02}

In this chapter:

(1) “Division” means the division of emergency management.

(2) “EPA” means the United States environmental protection agency

(3) “Facility” has the meaning given in s. 323.60 (1) (c), Stats.

(4) “Full time employee” means 2,000 hours per year of full-time equivalent employment.

(5) “Import” means to cause a chemical to be imported into the customs territory of the United States. For purposes of this definition, “to cause” means to intend that the chemical be imported and to control the identity of the imported chemical and the amount to be imported.

(6) “Manufacture” means any of the following:

(a) To produce, prepare, import or compound a toxic chemical.

(b) To produce a toxic chemical coincidentally during the manufacture, processing, use, or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemical or mixture of chemicals as a by-product, and toxic chemical that remains in that other chemical or mixture of chemicals as an impurity.

(7) “Otherwise use” or “use” means any use of a toxic chemical that is not covered by the terms“manufacture” or “process” and includes use of a toxic chemical contained in a mixture or trade name product. Relabeling or redistributing a container of a toxic chemical where no repackaging of the toxic chemical occurs does not constitute use of the toxic chemical.

(8) “Private agency” has the meaning given in s. 323.60 (1) (h), Stats.

(9)

(a) “Process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce:

  1. In the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance, or

  2. As part of an article or mixture containing the toxic chemical or trade name product.

(b) “Process” does not include the relabeling or redistribution of a container of a toxic chemical where no repackaging of the toxic chemical occurs.

(10) “Public agency” has the meaning given in s. 323.60 (1) (i), Stats.

(11) “Threshold quantity” has the meaning given in s. 323.60 (1) (j), Stats.

(12) “Toxic chemical” has the meaning given in s. 323.60 (1) (k), Stats.

History

  • Cr. Register, November, 1991, No. 431, eff. 12-1-91; corrections in (3), (8), (10), (11) and (12) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 3.03 Toxic chemical release reporting covered facilities {#sec-wem-3.03 omnilex-key=us-wi-regs-official--agency-wem--WEM 3.03}

A facility owned or operated by a private agency or a public agency shall submit toxic chemical release inventory reporting forms as required by s. 323.60 (5) (d), Stats., if the following apply:

(1) The facility has 10 or more full-time employees.

Note: A facility shall calculate the number of full-time employees by totalling the hours worked during the calendar year by all employees, including contract employees, and dividing that total by 2,000 hours.

(2) The facility manufactured, imported, processed, or otherwise used a toxic chemical in excess of an applicable threshold quantity of that chemical as established in s. WEM 3.04.

History

  • Cr. Register, November, 1991, No. 431, eff. 12-1-91; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 3.04 Threshold amounts {#sec-wem-3.04 omnilex-key=us-wi-regs-official--agency-wem--WEM 3.04}

The threshold amounts for the purpose of reporting under s. 323.60 (5) (d), Stats., for toxic chemicals are one or both of the following:

(1) 25,000 pounds of the chemical manufactured, imported, or processed at the facility for the year

(2) 10,000 pounds of the chemical otherwise used at the facility during the year.

History

  • Cr. Register, November, 1991, No. 431, eff. 12-1-91; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 3.05 Toxic chemical release reporting requirements and schedule for reporting {#sec-wem-3.05 omnilex-key=us-wi-regs-official--agency-wem--WEM 3.05}

(1) For each toxic chemical known by the owner or operator to be manufactured, imported, processed or otherwise used in excess of an applicable threshold quantity under s. WEM 3.04 at its covered facility described under s. WEM 3.03 for a calendar year, the owner or operator shall submit to the department of natural resources, office of technical services a completed EPA Form R and shall comply with all requirements of 40 CFR Part 372 — Toxic Chemical Release Reporting; Community Right-To-Know.

(2) Each report under this section for activities involving a toxic chemical that occurred during a calendar year at a covered facility shall be submitted on or before July 1 of the next year.

Note: A copy of the EPA Form R — Toxic Chemical Inventory Reporting Form may be obtained at no charge by contacting the Department of Natural Resources, Office of Technical Services, P.O. Box 7921, 101 South Webster Street, Madison, Wisconsin 53707, telephone (608) 266-9255. Completed copies of Form R are submitted to the Department of Natural Resources, Office of Technical Services, P.O. Box 7921, 101 South Webster Street, Madison, Wisconsin 53707.

History

  • Cr. Register, November, 1991, No. 431, eff. 12-1-91; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465.
Wis. Admin. Code § WEM 3.06 Exemptions {#sec-wem-3.06 omnilex-key=us-wi-regs-official--agency-wem--WEM 3.06}

Exemptions established under 40 CFR 372.38 shall apply to this chapter with the exception of the exemption for activities in laboratories under 40 CFR 372.38 (d).

History

  • Cr. Register, November, 1991, No. 431, eff. 12-1-91.
Wis. Admin. Code § WEM 3.07 Trade secrets {#sec-wem-3.07 omnilex-key=us-wi-regs-official--agency-wem--WEM 3.07}

For the purpose of applying s. 323.60 (5) (e), Stats., to public agencies and private agencies, procedures established for trade secrets claims by EPA in 40 CFR Part 350 Trade Secrecy Claims for Emergency Planning and Community Right-To-Know Information and Trade Secret Disclosures to Health Professions shall be effective. The division shall have the powers and duties granted to the administrator of the EPA under 42 USC 11042.

History

  • Cr. Register, November, 1991, No. 431, eff. 12-1-91; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.

Chapter WEM 5 COMPUTER GRANT

Wis. Admin. Code § WEM 5.01 Purpose {#sec-wem-5.01 omnilex-key=us-wi-regs-official--agency-wem--WEM 5.01}

The purpose of this chapter is to establish guidelines for the computer grant to committees as required by s. 323.60 (2) (bg), Stats.

History

  • Cr. Register, July, 1996, No. 487, eff. 8-1-96; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 5.02 Definitions {#sec-wem-5.02 omnilex-key=us-wi-regs-official--agency-wem--WEM 5.02}

In this chapter:

(1) “Committee” has the meaning given in s. 323.60 (1) (b), Stats.

(2) “Division” means the division of emergency management.

(3) “Grant period” is a 12 month time frame as established by the division.

History

  • Cr. Register, July, 1996, No. 487, eff. 8-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 5.03 Eligibility {#sec-wem-5.03 omnilex-key=us-wi-regs-official--agency-wem--WEM 5.03}

Any committee may apply to the division for an annual computer equipment grant.

Note: Grant applications shall be submitted to the Wisconsin Emergency Management, Regional Office, with jurisdiction over the committee, on forms prescribed by the division.

History

  • Cr. Register, July, 1996, No. 487, eff. 8-1-96.
Wis. Admin. Code § WEM 5.04 Procedures {#sec-wem-5.04 omnilex-key=us-wi-regs-official--agency-wem--WEM 5.04}

(1) The division shall establish specific grant procedures to implement this section and shall make the procedures available annually to the committees.

(2) The grant procedures shall define in-kind match.

(3) Committees may amend grant applications as prescribed by the division.

(4) The grant application and reimbursement request due dates shall be established by the division.

(5) The grant application and reimbursement request must be approved by the committee prior to submission to the division.

(6) Records concerning the grant program, including documentation of expenditures, shall be maintained and available for audit purposes according to state and federal requirements.

(7) The computer equipment grant may be combined with any other committee grant administered by the division.

Note: The grant procedures shall be distributed by the division to the committees along with the grant application materials.

History

  • Cr. Register, July, 1996, No. 487, eff. 8-1-96.
Wis. Admin. Code § WEM 5.05 Eligible costs {#sec-wem-5.05 omnilex-key=us-wi-regs-official--agency-wem--WEM 5.05}

(1) A committee may receive a computer grant under this chapter for the purchase of computer equipment to be used for specific use within the county emergency management program to comply with ss. 323.60 and 323.61, Stats., 42 USC 11001-11050, 49 CFR 110, and other hazardous materials planning requirements that may be required by federal or state law.

Note: 42 USC 11001-11050 refers to Title III of the Superfund Amendments and Reauthorization Act. 49 CFR 110 refers to Hazardous Materials Public Sector Training and Planning Grants.

(2) Computer grants under this chapter shall be based on a 4 year grant cycle which shall begin with the 1996 grant year. For one year of the 4 year grant cycle, up to a maximum of $6,000 of the cost of computer equipment shall be eligible for reimbursement. For each of the remaining 3 years of the 4 year grant cycle, up to a maximum of $2,000 of the cost of computer equipment shall be eligible for reimbursement.

(3) Computer equipment must be purchased during the grant period to be eligible for reimbursement from the annual computer grant, for that grant period. Equipment purchased during a specific grant period can only be reimbursed from the grant covering that specific period.

(4) The division shall determine what computer equipment will be eligible during a grant period and shall include this information with the grant application.

(5) The percentage cost of computer equipment which shall be eligible during a grant period is as specified in s. 323.61 (2) (br), Stats.

History

  • Cr. Register, July, 1996, No. 487, eff. 8-1-96; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; corrections in (1) and (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 5.06 Ineligible costs {#sec-wem-5.06 omnilex-key=us-wi-regs-official--agency-wem--WEM 5.06}

The division shall not make a grant for any of the following:

(1) Undocumented costs.

(2) Costs for any computer equipment charged against any other state grant.

(3) Computer equipment costs for which any other gifts or grants have been received by the committee in an amount greater than the statutory eligible percentage of the cost of the equipment.

(4) Other costs determined ineligible by the division.

History

  • Cr. Register, July, 1996, No. 487, eff. 8-1-96.
Wis. Admin. Code § WEM 5.07 Appeals process {#sec-wem-5.07 omnilex-key=us-wi-regs-official--agency-wem--WEM 5.07}

The division shall establish an appeals process by which committees can appeal computer grant determinations.

Note: The appeals process is included in the computer grant procedures.

History

  • Cr. Register, July, 1996, No. 487, eff. 8-1-96.

Chapter WEM 7 DISASTER FUND RULE

Wis. Admin. Code § WEM 7.01 Purpose {#sec-wem-7.01 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.01}

The purpose of this chapter is to establish the application process and the criteria for determining eligibility for payment under the major disaster assistance fund as required in s. 323.31, Stats.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 7.02 Definitions {#sec-wem-7.02 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.02}

In this chapter:

(1) “Administrator” means the administrator of the Wisconsin division of emergency management.

(2) “Applicant” means a local governmental unit that applies for major disaster assistance funding under this chapter.

(3) “Applicant’s authorized representative” means a person authorized by the governing body of a local governmental unit to apply for major disaster assistance funding under this chapter.

(4) “County” means the county or counties where a major catastrophe has occurred.

(5) “Department” means the Wisconsin department of military affairs.

(6) “Disaster declaration” means a document by which an authorized official or the governing body of a local governmental unit or the State declares a disaster.

(7) “Division” means the Wisconsin division of emergency management.

(8) “Incident period” means the definite time interval of a major catastrophe with a specific start and end date.

(9) “Local governmental unit” has the meaning given in s. 19.42 (7u), Stats., and also includes a tribe or band.

(10) “Major catastrophe” has the meaning given in s. 166.02 (6u), Stats.

Note: Section 166.02 (6u), Stats., was repealed by 2009 Wis. Act 42.

(11) “Public assistance costs” are those costs incurred by a local governmental unit as a direct result of a disaster.

(12) “State” means the state of Wisconsin.

(13) “Tribe or band” has the meaning given in s. 66.0314 (1) (fe), Stats.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 7.03 Eligibility criteria {#sec-wem-7.03 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.03}

(1) The division may make payments to eligible local governmental units under this chapter upon receipt and consideration of an application if the administrator determines all of the following:

(a) The local governmental unit has suffered a major catastrophe.

(c) The damages suffered and eligible costs incurred are the direct result of a major catastrophe.

(d) Federal disaster assistance is not available for that major catastrophe because the governor’s request that the president declare the catastrophe a major disaster under 42 USC 5170 has been denied or where no federal assistance is requested because the major catastrophe does not meet the statewide or countywide per capita impact indicator under the public assistance program guidelines issued by the federal emergency management agency.

(e) At least one local governmental unit within the county or a tribal governmental unit has incurred public assistance costs that equal or exceed the countywide per capita impact indicator under the public assistance program guidelines issued by the federal emergency management agency. Only local units of government that reach this threshold will be eligible for assistance.

(f) The local governmental unit will contribute at least 30% of the total amount of eligible costs incurred from the major catastrophe from other funding sources.

(2) In making a determination under sub. (1), the administrator shall consider all of the following:

(a) The availability of funding from other federal or state government or private sources.

(b) The availability of insurance.

(c) Any other factors the administrator considers relevant.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06; EmR2205: emerg. r. (1) (b), eff. 3-5-22; CR 22-025: r. (1) (b) Register June 2023 No. 810, eff. 7-1-23.
Wis. Admin. Code § WEM 7.04 Application process {#sec-wem-7.04 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.04}

(1) The division shall prepare application materials which may be updated as needed. The application materials shall set forth the application instructions and requirements for funding under this chapter.

(2) Within 30 days after the end of the incident period, a county, on behalf of eligible local units within the county or a tribal governmental unit, shall provide the administrator with a written notice of intent to apply. A late notice of intent may be cause for the denial of the application.

(3) Within 60 days after the end of the incident period of the major disaster, the county or a tribal governmental unit shall submit an Application for Wisconsin Disaster Assistance to the administrator. A complete application shall include the following:

(a) The cause, the location of damage, a list of the affected local governmental units within the county and the incident period of the major catastrophe.

(b) Documentation of a local, tribal, county or state disaster or emergency declaration in response to the major catastrophe.

(c) A description of damages and the amount of eligible costs incurred by the eligible local governmental units and the population of each unit.

(d) A statement or evidence that the local governmental unit has matching funds to cover at least 30% of the total of eligible costs incurred from the major catastrophe.

(4) The administrator shall review the application and supporting documentation for completeness and may return the application with a request for more detailed information. The administrator may, consult with local public officials to ensure the application reflects the extent and magnitude of the damage and to reconcile any differences. The application is not complete until the administrator receives all requested information. When the application is complete, a notice will be provided to the applicant of the administrator’s approval of the application.

(5) An application returned to the applicant with a request for more detailed information or for correction of deficiencies must be resubmitted within 30 days from receipt by the applicant. The failure of the applicant to provide the requested information in a timely manner without a reasonable explanation may be cause for denial of the application.

(6) The administrator shall take no longer than 30 days from the time the application is deemed complete in which to approve or deny the application. Applications that are approved shall be paid in accordance with s. WEM 7.06. A letter of denial shall be sent upon decision by the administrator that the application is denied.

(7) If the application is approved, the administrator shall notify eligible local governmental units of the steps necessary to obtain payment or reimbursement for eligible costs as specified in s. WEM 7.05 (1), including submission of invoices or other documentation substantiating the costs to be reimbursed.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 7.05 Eligible and ineligible costs {#sec-wem-7.05 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.05}

(1) Costs eligible for payment under this chapter are those that are a direct result of the disaster and are incurred during the designated incident period. Eligible costs are:

(a) Debris removal to include woody debris, building wreckage, dirt, gravel, vehicles and other disaster related materials.

(b) Emergency protective measures to eliminate or reduce immediate threats to life, public health or safety or a hazard that threatens significant damage to improved public or private property.

(c) Damage to roads and bridges to include surfaces, bases, shoulders, ditches, drainage structures, piers, girders, abutments, slope protection and approaches.

(2) Ineligible costs are:

(a) Damage to water control facilities including dams, reservoirs, levees, drainage channels, shore protective devices, irrigation facilities and pumping facilities.

(b) Damage to buildings and equipment.

(c) Damage to utilities including power generation facilities, sewage collection systems and water treatment plants.

(d) Ordinary operating expenses of local governmental units, such as salaries and expenses of public officials, which are not directly related to the major catastrophe.

(e) Costs for which payment has been, or will be, received from any other funding source.

(f) Disaster-related costs which should be covered and compensated by insurance.

(g) Projects and claims totaling less than $500.00.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 7.06 Payments of major disaster assistance fund applications {#sec-wem-7.06 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.06}

(1) General provisions.

(a) The state share of the damages and eligible costs incurred by local governmental units may not be greater than 70% of the total eligible disaster costs.

(b) In any quarter of the state fiscal year, the department may not make payments to applicants in excess of 25% of the total amounts allocated in s. 20.465 (3) (b) and (s), Stats.

(c) If major disaster assistance application payments requested during a quarter exceed 25% of the total amounts allocated in s. 20.465 (3) (b) and (s), Stats., all accepted applications shall be paid proportionately.

(d) During the last quarter of the state fiscal year, the department shall proportionately allocate and pay the balance of funds, if any, remaining in the appropriations created in s. 20.465 (3) (b) and (s), Stats., among all the applications submitted during the fiscal year with unpaid eligible costs.

(2) Match requirements.

(a) The local share of damages and eligible costs incurred by local governmental units may not be less than 30%.

(b) The substantiated value of donated materials, equipment, services and labor may be used as all or part of the local share of the eligible costs, subject to all of the following:

  1. All sources of local share donation shall be indicated in the application and supporting documentation.

  2. The maximum value of donated, non-professional labor shall be equal to the prevailing federal minimum wage.

  3. The value of donated equipment may not exceed the Wisconsin department of transportation highway equipment rates.

  4. The value of donated materials and professional services shall conform to market rates and be established by invoice.

(3) Audit.

(a) The applicant shall account for all funds received and paid under this chapter in conformance with generally accepted accounting principles and practices. The applicant shall maintain detailed records of expenditures to show that fund payments were used for the purpose for which the payment was made. The applicant shall maintain for 5 years all records relating to the application submitted in accordance with the State’s standard audit practices and shall make the records available for inspection and audit. The applicant shall keep all financial records, including all invoices and canceled checks or bank statements that support all eligible costs claimed by the applicant for 5 years after the final payment.

(b) The department may audit all of the applicant’s records pertaining to an application under this chapter. The department’s audit may result in an adjustment in the payment amount.

(4) Payment. The applicant shall submit to the administrator claims for payment of actual and eligible costs on forms provided by the department. All eligible costs claimed for payment shall be documented and shall be consistent with the eligibility provisions of this chapter.

(5) Final inspection. Upon completion of all work by an applicant, the division shall inspect all the work that the applicant claims. The applicant shall provide the division employees with access to records pertaining to all claimed work and shall permit review of all records relating to the work.

(6) Closeout of application. The administrator shall close out the applicant’s major disaster assistance application after all of the following occur:

(a) The recovery work is complete.

(b) The division completes a final inspection of all work claimed for reimbursement by the applicant.

(c) The applicant receives the final amount due or pays any amount owed.

(d) The required audits are complete.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 7.07 Fund expenditure limitation {#sec-wem-7.07 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.07}

Expenditures from the major disaster assistance fund, as a result of a catastrophic disaster, shall not exceed the amount authorized in the major disaster assistance appropriations created in s. 20.465 (3) (b) and (s), Stats.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 7.08 Dual payment {#sec-wem-7.08 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.08}

If eligible costs are subsequently recovered from other sources after payment from the major disaster assistance fund, the applicant shall return the recovered eligible costs to the department for deposit back into the fund. If the administrator, auditor or applicant, determines that the applicant received duplicate funds for a claim from the state and from another source, the applicant shall refund the amount received from the state.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 7.09 Appeal process {#sec-wem-7.09 omnilex-key=us-wi-regs-official--agency-wem--WEM 7.09}

(1) Applicant shall have 30 days after receipt of the final determination by the administrator in which to file a written appeal of a denial of funds.

(2) The applicant shall first appeal directly in writing to the administrator detailing the rationale for overturning the original determination.

(3) Following an appeal to the administrator, an applicant may then request, in writing, a problem resolution process in which the adjutant general of the department of military affairs reviews the materials submitted by the applicant and either issues a decision based on those materials or meets with the parties to negotiate an acceptable resolution of the problem.

(4) Upon exhaustion of a departmental appeal, an applicant may request an administrative hearing under 227, Stats.

Note: Application materials are available on request without charge from the Disaster Resources Section Supervisor, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53707-7865, telephone (608) 242-3200. The completed forms and supporting documentation shall be mailed to the Disaster Resources Section Supervisor, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53707-7865. Application materials may also be accessed from the Wisconsin Emergency Management webpage at: http://emergencymanagement.wi.gov/.

Note: Within 6 months of enactment of the administrative rules, Wisconsin Emergency Management will develop an administrative manual that details the implementation process and provides specific information on program eligibility. Until such time as the manual is developed, Wisconsin Emergency Management will adhere to the eligibility criteria outlined for Categories A, B, and C of FEMA’s Public Assistance Program contained in the FEMA Public Assistance Guidance Document.

History

  • CR 06-088: cr. Register November 2006 No. 611, eff. 12-1-06.

Chapter WEM 8 MUTUAL AID BOX ALARM SYSTEM STANDARDS AND PROCEDURES

Wis. Admin. Code § WEM 8.01 Purpose {#sec-wem-8.01 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.01}

The purpose of this chapter is to establish standards for the adoption of the Mutual Aid Box Alarm System, also known as MABAS, by a local governmental unit as a mechanism to be used for mutual aid for fire, rescue, and emergency medical services and associated special operational services as required in s. 323.13 (1) (d)., Stats.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 8.02 Definitions {#sec-wem-8.02 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.02}

In this chapter:

(1) “Aiding unit” means a MABAS member unit furnishing equipment, personnel or services to a stricken unit.

(2) “Apparatus guidelines” means apparatus defined and incorporated into the MABAS general operating procedures.

(3) “Chief officer” means the highest ranking officer within a fire, rescue or emergency medical services unit.

(4) “Emergency” means an occurrence or condition in a stricken unit’s territorial jurisdiction which results in a situation of such magnitude or consequence that it cannot be adequately handled by the resources of that unit, so that it determines the necessity and advisability of requesting mutual aid.

(5) “Emergency medical services system” means the method for establishing a system for the appropriate management for the medical treatment and transport of the public in pre-hospital or interfacility settings or from facilities or institutions providing health services under ch. Trans 309 and ch. DHS 110.

(6) “Fire department” has the meaning given in s. 66.0314 (1) (c), Stats.

(7) “Incident command system” has the meaning specified in s. 323.02 (9), Stats., and follows the guidelines of the National Incident Management System, also known as NIMS.

(8) “Local governmental unit” has the meaning given in s. 19.42 (7u), Stats., and also includes a tribe or band.

(9) “MABAS, or ‘Mutual Aid Box Alarm System’ box card” means a printed form containing details of departments, specialized personnel and equipment to respond to a given geographical area, target hazard or specialized response within a community.

(10) “MABAS, or ‘Mutual Aid Box Alarm System’ division” means the geographically associated MABAS member units which have been grouped for operational efficiency and representation of those MABAS member units.

(11) “MABAS or ‘Mutual Aid Box Alarm System’ executive board” means a statewide oversight board comprised of one designated representative from each MABAS region.

(12) “MABAS or ‘Mutual Aid Box Alarm System’ interdivisional card” means a MABAS box card designated for interdivisional mutual aid, listing a MABAS division’s equipment available to respond based on the type of equipment and location.

(13) “MABAS or ‘Mutual Aid Box Alarm System’ member unit” means a local governmental unit including but not limited to a county, city, village, town, tribe or band, emergency medical services district, or fire protection district, having a fire department recognized by the state of Wisconsin which is a party to the MABAS agreement and has been appropriately authorized by the governing body to enter into such an agreement.

(14) “MABAS or ‘Mutual Aid Box Alarm System’ region” means the WEM regional areas as identified by the Adjutant General under s. 323.13 (2) (a), Stats.

(15) “Mutual Aid Box Alarm System”, or MABAS, means a definite and prearranged plan whereby an aiding unit provides response and assistance to a stricken unit in accordance with the system established and maintained by MABAS member units, as amended from time to time. Management oversight of the system is handled by the MABAS executive board.

(16) “National Incident Management System” or ‘NIMS’,” means a system mandated by Homeland Security Presidential Directive 5 that provides a consistent nationwide approach for federal, state, local and tribal governments, the private sector, and nongovernmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity.

(17) “Stricken unit” means a MABAS member unit or a non-participating local governmental unit which requests aid in the event of an emergency.

(18) “Tribe or band” has the meaning given in s. 66.0314 (1) (fe), Stats.

(19) “WEM” means the division of emergency management with the department of military affairs.

(20) “WEM duty officer” means an individual on-call 24 hours a day and 7 days a week, as identified by WEM’s duty officer roster.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06; corrections in (5), (7) and (14) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690.
Wis. Admin. Code § WEM 8.03 Levels of response {#sec-wem-8.03 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.03}

MABAS coordinates the effective and efficient provision of mutual aid during emergencies, natural disasters, or manmade catastrophes. In recognition of home rule, MABAS is not intended to relieve a local governmental unit from its responsibilities of providing adequate emergency services for all local emergencies, since all local governmental units should have their own first line of defense. When a local governmental unit exhausts its resources, MABAS can be activated by the stricken unit through a systematic plan at the following NIMS level response types:

(1) A “local village, township, city or fire district level response type 5” is an emergency that is a routine day-to-day event utilizing resources listed on a MABAS box card with a minimum of 3 MABAS alarm levels which is triggered locally by the incident commander on the scene of an emergency.

(2) A “regional city, county or fire district level response type 4” is an emergency that has exhausted “local village, township, city or fire district level response” capabilities and may utilize up to 3 MABAS interdivisional cards. A regional response is triggered locally by the incident commander on the scene of an emergency.

(3) A “state or metropolitan area level response type 3” is an emergency that has exhausted “regional city, county or fire district response” capabilities and may utilize multiple MABAS interdivisional cards. A state response is triggered by a request to the WEM duty officer by the incident commander on the scene of the emergency. Responding resources will be coordinated by the WEM duty officer in coordination with the regional MABAS division coordinator.

(4) A “national level response types 1 or 2” is an emergency that has exhausted “state level response” capabilities or is an event of national significance which is triggered by or transmitted to the WEM duty officer through the Emergency Management Assistance Compact under s. 323.80, Stats.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.
Wis. Admin. Code § WEM 8.04 Procedure for providing mutual aid {#sec-wem-8.04 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.04}

(1) The MABAS member units authorize their respective chief officer or designee to take necessary and proper action to render or request mutual aid from the MABAS member units in accordance with other policies and procedures established and maintained by the MABAS member units. The aid rendered shall be to the extent of available personnel and equipment that are not required for adequate protection of the territorial limits of the aiding unit.

(2) Whenever an emergency occurs and conditions are such that the incident commander or designee, of the stricken unit determines it is advisable to request aid under MABAS, the incident commander or designee shall activate the number of aiding units deemed necessary in accordance with the policies and procedures established and maintained by the MABAS member units.

(3) The chief officer, or designee, of the aiding unit shall take the following action immediately upon receiving a request for mutual aid:

(a) Determine what predetermined equipment, personnel or services are requested according to the MABAS box card.

(b) Determine if predetermined requested equipment, personnel or services can be committed in response to the request from the stricken unit.

(c) Dispatch the predetermined requested equipment, personnel or services, to the extent available, to the staging location of the emergency reported by the stricken unit in accordance with the MABAS box card.

(d) Notify the stricken unit if any or all of the predetermined requested equipment, personnel or services cannot be provided.

Note: MABAS policies and general operating procedures are available on request without charge from the Fire Services Coordinator, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865, telephone (608) 220-6049. MABAS policies and procedures may also be accessed from the Wisconsin Emergency Management webpage at: http://emergencymanagement.wi.gov/.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 8.05 Types and classes of resources {#sec-wem-8.05 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.05}

All equipment and apparatus provided to the stricken unit shall comply with requirements based on National Fire Protection Association standards and ch. Trans 309 at the time of its original construction and shall be NIMS compliant. At the local response level, staffing guidelines shall be based upon the current local policy and practices. At the regional, state and national response levels, personnel provided by aiding units shall comply with all MABAS staffing guideline minimums.

Note: MABAS staffing guidelines are available on request without charge from the Fire Services Coordinator, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865, telephone (608) 220-6049. MABAS policies and general operating procedures may also be accessed from the Wisconsin Emergency Management webpage at: http://emergencymanagement.wi.gov/.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 8.06 Communications {#sec-wem-8.06 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.06}

To facilitate radio interoperability during emergency response operations, designated MABAS VHF radio frequencies will be utilized by MABAS member units for on scene communications with MABAS mutual aid partners. This does not preclude fire, rescue and emergency medical services from utilizing other radio frequencies or radio bands for their own internal communications.

Note: Designated MABAS VHF radio frequencies are available on request without charge from the Fire Services Coordinator, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865, telephone (608) 220-6049. MABAS policies and general operating procedures may also be accessed from the Wisconsin Emergency Management webpage at: http://emergencymanagement.wi.gov/.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 8.07 Coordinators {#sec-wem-8.07 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.07}

Each MABAS division shall have one division coordinator available at all times. Each MABAS region shall designate one division in its region to act as the regional coordinator. Each WEM region shall designate one MABAS division as a WEM regional coordinator.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 8.08 Credentialing {#sec-wem-8.08 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.08}

Through December 31, 2009, all firefighters responding under MABAS shall meet the training standards and requirements of entry level firefighters trained under s. SPS 330.07. Commencing January 1, 2010, all firefighters responding under MABAS shall meet the training standards and requirements of firefighter I trained under s. SPS 330.07. Emergency medical services responders shall have a valid emergency medical services license as defined in ch. DHS 110.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690.
Wis. Admin. Code § WEM 8.09 Limitations on coverage {#sec-wem-8.09 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.09}

(1) Personnel dispatched to aid a stricken unit under MABAS shall remain employees of the aiding unit. Personnel rendering aid shall report to the incident commander or designee of the stricken unit for direction and assignment at the scene of the emergency. The aiding unit shall at all times have the right to withdraw any and all aid upon the order of its chief officer or designee, provided that the aiding unit withdrawing such aid notifies the incident commander of the stricken unit of the withdrawal of such aid and the extent of such withdrawal.

(2) The rendering of assistance under MABAS shall not be mandatory. An aiding unit may refuse if local conditions of the aiding unit prohibit response. The aiding unit shall immediately notify the stricken unit of its inability to respond.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 8.10 Compensation {#sec-wem-8.10 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.10}

Equipment, personnel or services provided under MABAS shall be at no charge to the stricken unit. However, any expenses recoverable from third parties and responsible parties shall be equitably distributed among aiding units. Nothing shall operate to bar any recovery of funds from any state or federal agency under existing state and federal laws.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06.
Wis. Admin. Code § WEM 8.11 Participation {#sec-wem-8.11 omnilex-key=us-wi-regs-official--agency-wem--WEM 8.11}

An agency participating in the MABAS system must be either a MABAS member unit or have signed a memorandum of understanding directly with MABAS. Failure to do either does not jeopardize responses to a non-participating community at the direction of the WEM duty officer.

History

  • CR 06-091: cr. Register November 2006 No. 611, eff. 12-1-06.

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