rity Elements: For compliance and enforcement “standards, regulations and authority” program elements and performance

s a generic compliance and enforcement program analysis checklist — an applicant need only address those elements and

fic program for which it is seeking authorization).

citations List of corresponding Comment or analysis Comparison

Q) State authority citations - (provides/does not

- OHS 163 provide adequate

____________________________

enforcement)

gulations Ch. 254, Wis. Stats. and Ch. 254.115, 254.167, 254172, 254.176, 254.178 and provides adequate

ased paint DES 163, Wis. Adm. Code 254.30, Wis. Stats. enforcement

163.30 - 163.33, Wis. Adm. Code

on of 163.20 — 163.25 Complete accreditation program covering all elements provides adequate

d at required under 745.325 (b), including training enforcement

curriculum, training hour, hands-on training, trainee

competency and proficiency, and training program

quality control requirements, and procedures for re

accreditation, training program oversight, and the

suspension, revocation or modification of training

program accreditations. See Table C for accreditation

program details.

n of Ch. 254.176, Wis. Stats. WI’s certification requirements under 163.10 to 163.11 provides adequate

ased paint and meet all of the provisions of 745.325 (c) for enforcement

26. 163.10— 163.11 certification of individuals. The program has the rules,

policies and procedures to ensure that individuals are

trained by accredited training programs and possess

. appropriate education or experience qualifications for

certification, and has procedures for re-certification.

The department has clear enforceable work practice

standards for all lead disciplines and enforcement

procedures for suspension, revocation or modification

of certifications. See Table C for certification program

;_details.

for the 163.14 DHS 163 includes complete work practice standards for provides adequate

tivities as lead inspection, risk assessment and abatement enforcement

s activities. The Wisconsin lead certification program for

lead hazard reduction and lead investigation activities,

including lead inspection, risk assessment and

abatement activities, was approved by EPA in January,

1999.
nts that 163.10 (1) DM5 163.14 (10) provides requirements and procedures provides adequate

tion 163.14 (10) and (11) for renovation disclosure, including for distribution of enforcement

326. approved lead hazard information to affected owners

and occupants before renovations for compensation and

an approved pamphlet, which is the EPA Renovate

Right pamphlet. The WI program also has clear

standards for identifying renovations that trigger

pamphlet distribution under 163.10 (1) and procedures

at 163.14 (10) for the distribution of the pamphlet.

nter S. 254.30(1), Wis. Stats., Under DM5 163.30 (3) a representative of the provides adequate

ad-based and department may inspect the site where a violation is enforcement

occurfor 163.30 (3) alleged to be occurring or to have occurred, enter a site

tions, where regulated activity is or has been conducted or

that the department has reason to believe may be

involved with a regulated activity, enter a site where a

person conducts business regulated under department

rule, enter a premises for the purpose of conducting an

audit of a training course.

als must be 163.30 (3) (a) - (c) Under these provisions department representatives may provides adequate

ties where enter the place of business of a training provider to enforcement

ead-based review and copy records or take other actions needed to

ss, determine compliance with the chapter, and to conduct

an audit of an accredited training course to determine

___________

compliance with accreditation requirements.

rposes of 163.30 (3) (b) This provision specifically provides the department provides adequate

m, State authority to enter a place where a regulated entity enforcement

a firm’s conducts business.

ials must 163.30 (3) (b) This provision also provides the department authority to provides adequate

and conduct tests, take samples, review work practices, enforcement

ead-based review and copy records, and perform other activities to

ess. determine compliance.

iance and 163.32 and the DM5 The lead program has a full array of flexible and provides adequate

ovide for a Asbestos and Lead increasingly serious enforcement remedies provided enforcement

emedies Program Enforcement under administrative code and procedures for their use

orcement Policy Manual, outlined in the enforcement manual.

Pages 15—21 and App. D,

Penalty Guidelines

tters, 163.32 DHS 163.32, Enforcement Actions, includes issuing provides adequate

ices of letters of inquiry, letters of warning, and enforcement

noncompliance statements — none of which are

appealable.
ative or 163.32 (1)— (6) DITS 163.32 (1)— (6) includes administrative actions provides adequate

y authority, including: Notices of noncompliance with orders to enforcement

stop performing regulated activities; denials of

certification, accreditation or approval or renewals;

civil forfeitures of from $100 -$1,000 per violation per

; day; suspensions of certification, accreditation or

approvals; summary suspension of certification; or

revocation of certification, accreditation or approval.

to apply S. 254.30 (1) (b) and (2) Statutory authority at s. 254.30 (2) (b), Wis. Stats., provides adequate

minal (b), Stats. establishes criminal penalties for a person who enforcement

or Tribal 163.30 (4) and knowingly violates any provision of the statute or rule

163.32 (6) Note promulgated or order issued under the statute. The : department may refer any violation of the rule or orders

issued under the rule to the district attorney of the

county in which the affected dwelling is located.

dentfving See attached Resources Statement, provides adequate

enforcement

bal

program;

nd

- —

—

—
mance Elements: For compliance and enforcement “performance” program elements and objectives. oq: this represents a

ment program analysis checklist — an applicant need only address those elements and objectives that relate to the specific

uthorization).

citations List of corresponding Comment or analysis Comparison 

) State authority (provides/does not

citations — DHS 163 provide adequate

performance or

enforcement)

bal

ogram

formance

must DHS Asbestos and Lead The program conducts extensive on-the-job training for provides adequate 

ng Program Enforcement new environmental health specialists (ERS) who conduct performance 

rsonnel, Policy Manual, field inspections and case investigations. All EHS ‘s

nd provide Pages 3-4 complete the department’s 3-day Investigation Course

cation. offered by the Office of Legal Counsel and must complete

lead abatement supervisor and risk assessor certification

training, become certified and pass the lead supervisor and

lead risk assessor slate exams. In addition, employees who

conduct inspections and investigations either have degrees

in the environmental sciences or extensive experience in the

field.

must DHS Asbestos and Lead The lead program is committed to providing information to provides adequate

to the Program Enforcement assist the regulated community in understanding and performance 

y to Policy Manual, complying with the regulations administered by the

standing Page? program and to help ensure the safety of the public. 

Tribal Outreach activities include mass mailings and e-mailings of

regulatory information to affected persons; holding open

meetings and public information sessions around the state;

providing training and technical assistance to local

government agencies and industry groups; presenting at

regional and statewide conferences; distributing outreach

materials at trade shows, home shows and conferences;

providing one-on-one compliance assistance during regular

inspections; and responding to phone and written inquiries

The program also develops outreach materials and mass

produces EPAIHUD/CDC materials on lead poisoning and

lead-safe work practices.

Outreach activities for the RRP regulations began in the

spring_of 2009_with_a_mass_mailing_and_statewide_public
must have

o ensure

ents,

&

rm

is, use of

e to a

The program follows its Quality Management Plan

developed by the department and approved by EPA Region

5 on October 6, 2005.

Enforcement staff uses documented protocols to

perform all sampling activities. These may include:

Documented methodologies are required and are

defined in Chapter HFS 163 as “written protocols,

standards or methods that are generally used and

accepted for conducting regulated activities.”

For dust-wipe sampling, program staff uses: 1995

HUD Guidelines for the Evaluation and Control

for Lead-Based Paint Hazards in Housing (Ch. 5,

“Risk Assessment,” Ch. 15, “Clearance,” and

App. 13.1 “Wipe Sampling for Settled LeadContaminated Dust.”

For paint chip sampling: 1995 HIJD Guidelines

for the Evaluation and Control for Lead-Based

Paint Hazards in Housing, App. 13.2, “Paint Chip

For

Sampling.”

soil sampling: 1995 HUD Guidelines for the

Evaluation and Control for Lead-Based Paint

Hazards in Housing, App. 13.3, “Soil Sampling

Protocol for Housing.”

Other acceptable documented methods are

described in:

EPA Guidance on Residential Lead-Based

Paint Hazards in Housing

EPA Guidance on Residential Lead-Based

Paint, Lead-Contaminated Dust and LeadContaminated Soil

I meetings for contractors, local health departments and other

interested persons. Outreach has continued during the

summer and fall with participation in several regional and

statewide conference, including for state building

inspectors, apartment owners, childcare regulators, and

local health department staff, Plans are in place to meet

. with various builders associations and school conferences.

Outreach and compliance assistance activities are

reported regularly to EPA in the lead program’s mid-year

and annual reports.

EPA QMP approval

HUD

letter,

Guidelines,

chapters 5, 15 and

Appendices 13.1, 13.2

and 13.3

provides adequate

performance
• EPA Residential Sampling for Lead: Protocols

for Dust and Soil Sampling (EPA report

number 7474-R-95-0Ol, March 1995)

• WI Childhood Lead Poisoning Prevention and

Control Handbook

The program owns an XRF machine, Niton XL-309, for

use in identi’ing lead-based painted surfaces and has and

maintains XRF licensing with the state. The program

follows the manufacturer’s use instructions. The program

maintains the necessary supplies to conduct dust-wipe and

soil sampling and uses the state’s Occupational Health

Laboratory (WOHL) in the State Laboratory of Hygiene,

which is NLLAP-accredited and follows its own quality

assurance program as described in the QMP documents.

Program staff is trained to take tips and complaints. The

program accepts tips and complaints and documents and

tracks them through its enforcement program using the

Wisconsin Asbestos and Lead Database Online (WALDO).

The enforcement coordinator ensures that an inspection

officer is assigned to investigate. Complaints are followedup as necessary to determine if there is sufficient evidence

of a violation to proceed with a case investigation or

referral to another agency. Investigations are pursued when

evidence points to possible violations of DHS 163.

The department tracks inspections and enforcement cases in

WALDO and uses data and inspector input to determine

appropriate targets for additional oversight. The program

has a proven track record of effective targeting in its lead

abatement inspection program and plans to use similar

techniques and methods in the lead renovation program.

The program has successfully worked with contractors

through targeted inspections to improve their work

practices and achieve compliance, as well as to develop a

case of a pattern of non-compliance leading to revocation.

The same procedures will be used for the renovation

program.

must

cess &

other

tion.

DHS Asbestos and Lead

Program Enforcement

Policy Manual,

Page 8

must

et

nce.

provides adequate

enforcement

DHS Asbestos and Lead

Program Enforcement

Policy Manual,

Pages 10- 12

provides adequate

enforcement

must DHS Asbestos and Lead The program has an established and effective lead provides adequate

onably, Program Enforcement enforcement program that includes several environmental enforcement

up on Policy Manual, health specialists (EHS’s) as field inspectors and a

hrough Pages 13 - 15 regulatory specialist who coordinates, processes and tracks

all enforcement cases for the program. The program utilizes

its enforcement policy/procedure manual and enforcement
. notice/letter templates to assist in efficient and effective

, enforcement actions. The EHS documents all inspections

in WALDO that includes written comments on the

! violations observed or found. All cases are discussed at

: regular bi-weekly enforcement team meetings. The

‘ regulatory specialist then uses the WALDO information

and team decisions, and in consultation with the pnmary

EHS, develops the case and writes the notice of non

compliance letter.

must DHS Asbestos and Lead The program has the ability to order corrections and to provides adequate

re the Program Enforcement provide oversight to ensure compliance with ordered enforcement

Policy Manual, corrections of violations. Failure to respond to notices of

Pages 15 — 20 non-compliance or to correct violations leads to increased

enforcement actions, including revocation of certification to

conduct regulated activities. All new and open cases are

reviewed at the bi-weekly enforcement meetings to ensure

timely and appropriate investigations and enforcement

actions. The program is supported by an attorney from the

department’s Office of Legal Counsel who assists with

more complex cases and with appeals.

bal The Wisconsin lead certification program commits to provides adequate

mitting the submitting the required Summary on Progress and performance

s & Performance to EPA on a schedule provided by EPA.

seeking NA NA NA

stablish a

ith the

ssing

program The program will ensure that any electronic reporting provides adequate

c reporting requirements are met- performance

3 are