Summary of Changes to Comm 5

Chapter Comm 5 of the Wisconsin Administrative Code contains the Department of Commerce's rules for numerous credentials that businesses and individuals are either mandated or permitted to obtain. These credentials include certifications and registrations that relate to safe storage of flammable, combustible, and hazardous liquids – and to the cleanup of properties contaminated by these liquids. On October 1, 2007, changes to these credential rules became effective that significantly enhance Commerce's ability to promote this safety and these cleanups.

The changes for the credential rules that relate to safe storage include:

1. creating certifications for individuals who design or test corrosion-protection systems for underground piping and tanks that hold these liquids;
2. updating several specialty credential categories by deleting outdated activities, and adding activities that have proven to better reflect the nature of the work;
3. eliminating continuing-education requirements where the corresponding technical aspects change only gradually, and continuing-education opportunities within the industry are limited;
4. shortening the approval duration for continuing-education courses from five years to three;
5. requiring Departmental notification if an approved, continuing education course is discontinued or modified;
6. no longer allowing renewal of credentials after they expire, except through compliance with all of the requirements for new applicants;
7. expanding the reasons for denial, suspension or revocation of a credential to include failure to maintain required records, denial of Departmental access to requested records, failure to submit a required notice or report to the Department within a required time period, and submittal of false or routinely inadequate reports to the Department;
8. directly linking all credentials for storage of these liquids to corresponding construction and operation requirements in chapter Comm 10; and
9. requiring liability insurance coverage for individuals and firms which install, test, line, clean or remove tank and piping systems, or which perform site assessments for these systems.

Two sets of rule changes relate to cleanup of contamination. The first set consists of expanding the reasons for denial, suspension or revocation of a credential to include:

1. submittal of false or routinely inadequate reports to the Department;
2. performance of activities that result in both exceeding a cost cap established by the Department, and submittal of a claim to the Department for the cost in excess of that cost cap; and
3. failure to pay a financial penalty assessed by the Department for requesting reimbursement of a grossly ineligible cost.

The second set of changes expands a current requirement for consultants and consulting firms to have liability coverage, by requiring them to submit proof of that coverage when applying for or renewing a credential.

-- Berni Mattsson