DNR's Asbestos Citation Authority

What is asbestos citation authority?

The Department of Natural Resources (DNR) asbestos citation authority, passed by the Wisconsin Legislature in July 2003, allows the DNR to issue citations for several specific asbestos violations. Citations can be issued for any of the following:

1. failure to notify the DNR of regulated demolition or renovation activities;
2. failure to conduct an inspection prior to demolition or renovation; or
3. not following asbestos landfill disposal requirements.

Is this a new requirement?

No. Citation authority is a new tool used to enforce the existing regulations. It will be used to address the less egregious violations that often develop into more serious issues.

Who does the asbestos citation authority affect?

Wisconsin Administrative Code states that both owners and operators may be responsible if requirements are not met.

Owners include any owner of a regulated facility. A regulated facility is any institutional, commercial, public, or industrial structure. In general, owners of residential structures (homeowners) are not regulated by asbestos air regulations. However, a residential structure may be regulated if:

• it is part of a larger project (multiple buildings),
• has ever had an institutional function,
• will be used for a controlled fire training burn, or
• has greater than four dwelling units.

Operators are defined in short as any person who leases, operates, controls or supervises the renovation or demolition at the facility in question. This includes asbestos contractors, demolition contractors, general contractors, excavators, landfill operators, and fire departments.

As an owner or operator, you must ensure you are in compliance with state asbestos regulations. This can be done by either contracting with a company or individual with expertise in the field, or educating yourself on the requirements of Wis. Admin. Code, ch. NR 447. If we find you have failed to do so, you may be subject to the citation authority, or DNR may refer the case to the Wisconsin Department of Justice.

How much are the citations?

Citations are $500 to $5,000 per violation, and penalties double to $1,000 to $10,000 with repeat offenses within five years.

Can a DNR inspector write a citation on site?

No. The DNR inspector documents violations on site and requests an enforcement conference with the violator, the inspector, and a warden. If a citation is issued, it is processed by the warden at that time.

Why is asbestos a concern?

Asbestos is a known carcinogen, with no known safe levels of exposure. It causes a number of respiratory diseases, including asbestosis, lung cancer, mesothelioma, and may have connections to some intestinal and stomach cancer.

Asbestos is a mineral that is used in thousands of building materials. The naturally occurring fiber is added to building materials to strengthen them and increase their resistance to heat. Failing to inspect for asbestos prior to a renovation or demolition means the presence of asbestos is unknown, thus increasing the likelihood that the public and workers could be exposed to asbestos fibers.

How does citation authority work with the existing regulations?

Asbestos citation authority, NR 447.19, was added to address three particular portions of the existing regulations. These were chosen due to poor compliance with these sections. The citation authority focuses on black-and-white sections of the regulations that can prevent dangerous situations from arising.

I still have questions, who do I contact?