The department may not exercise discretion under s. DHS 19.04 (1) in the enforcement of a rule or guideline under any of the following circumstances:

1. (1) The department discovers the violation before the small business discloses the violation.
2. (2) The violation is disclosed after a department audit or inspection of the small business has been scheduled.
3. (3) The violation was identified as part of the monitoring or sampling requirements that are consistent with the requirements under an existing permit, certificate, or license.
4. (4) The violation results in a substantial economic advantage for the small business.
5. (5) The small business has repeatedly violated the same statute, rule or guideline.
6. (6) The violation may result in imminent endangerment to the environment or to public health or safety.
7. (7) A state or federal statute, federal regulation or department rule prohibits the department’s exercise of discretion.
8. (8) The business is operating without a certificate, permit, or license.
9. (9) The business fails to provide the department with credible and verifiable information that it is a small business.
10. (10) The violation was willful.

History

History: CR 10-003: cr. Register May 2010 No. 653, eff. 6-1-10.