ATCP 94.310(2)(a)3. 3. Where requested by the department, current delivery schedules for liquid fuel products delivered through a pipeline shall be made available to the department's corresponding district inspection office.
ATCP 94.310(2)(b) (b) If a person transfers one grade of a liquid fuel product into a container with another grade of liquid fuel product, the entire commingled product shall be deemed uninspected and the department's corresponding district inspection office shall be notified.
ATCP 94.310(2)(c) (c) If no sample is taken by an inspector within the time limit specified, the receiver or commingler shall take a representative sample in accordance with the procedures in sub. (3) (c).
ATCP 94.310(2)(d) (d) For the purpose of this section, the department shall have discretion in determining a reasonable length of time in which an inspector may take the sample.
ATCP 94.310 Note Note: Saturdays, Sundays, and legal holidays are not considered regular business days.
ATCP 94.310(2)(e)1.1. A person who changes the fuel product dispensed from a tank system from a Class II or III liquid to a Class I liquid shall notify the department's corresponding district inspection office, and the new product shall be tested and approved before being dispensed.
ATCP 94.310(2)(e)2. 2. In this paragraph, “ Class I liquid" means a liquid that will give off sufficient vapor, below 100°F, to form an ignitable mixture with air near the surface of the liquid or within a test vessel; and “Class II or III liquid" means a liquid that will give off such vapor at or above 100°F.
ATCP 94.310 Note Note: Under chapter ATCP 93, the department's corresponding district inspection office must likewise be notified, and the new product must likewise be tested and approved before being dispensed, when the product dispensed from a tank system is changed from a Class I liquid to a Class II or III liquid.
ATCP 94.310 Note Note: See the Department Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx for the contact information for the Department's district inspection offices.
ATCP 94.310(3) (3)Sampling procedures.
ATCP 94.310(3)(a)(a) General. A representative sample of at least 8 ounces shall be taken from every shipment of liquid fuel products, including commingled products, that is imported into and received in this state.
ATCP 94.310(3)(b) (b) Department procedures.
ATCP 94.310(3)(b)1.1. The department shall inspect and test samples collected under this section, at locations and frequencies that are designed to prevent sale of fuel products in this state which do not comply with this chapter.
ATCP 94.310(3)(b)2. 2. If the fuel product does not meet the standards specified in this chapter, the department will notify the person for whom the inspection was made that the product may not be sold, used, removed from storage, or transferred to any place for retail sale until compliance with the standards is established.
ATCP 94.310(3)(c) (c) Sampling procedures by others.
ATCP 94.310(3)(c)1.1. If the inspector does not, upon proper notice, after a reasonable length of time, take the sample as specified in sub. (2) (d), the recipient of the fuel product may open the original container and take a representative sample of not less than 8 ounces of the contents. The sample shall be immediately placed in a clean container which is in compliance with s. ATCP 94.400 (6) and (7) and which is then tightly closed.
ATCP 94.310(3)(c)2. 2. The container holding the sample taken under subd. 1. shall be identified with all of the following information:
ATCP 94.310(3)(c)2.a. a. Means of conveyance (such as from a pipeline or tank car).
ATCP 94.310(3)(c)2.b. b. Type of original container.
ATCP 94.310(3)(c)2.c. c. Product name.
ATCP 94.310(3)(c)2.d. d. Content quantity.
ATCP 94.310(3)(c)3. 3. The sample taken under this paragraph shall be held for delivery, upon demand, to the inspector. After the sample is taken, the fuel product may be unloaded, sold, offered for sale, or used the same as if sampled by the inspector. The sample shall be retained for 7 business days and then may be discarded.
ATCP 94.310 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (a) 3., am. (3) (b) (intro.) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.09, renum. (1) (intro.) and (a) to be (1) (a) and (b), cr. (1) (b) 3., am. (2) (c), (d), (3) (intro.), (a) (intro.)., 1. and (b) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.600 and am. (1) (title), (a), (b) (intro.), 1., 3., (2) (a), (b), (3) (a), (b), (c) 1., 3., cr. (2) (e) Register December 2010 No. 660, eff. 1-1-11; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 94.320 ATCP 94.320Water in tanks. Water may not exceed the following depths, as measured with water-indicating paste, in any tank utilized in storing the following fuels for retail sale, except as otherwise approved by the department:
ATCP 94.320(1) (1) Gasoline-alcohol blends — 1/4 inch.
ATCP 94.320(2) (2) Aviation gas and aviation turbine fuel — 1 inch.
ATCP 94.320(3) (3) Gasoline, diesel, gasoline-ether, and other fuels — 2 inches.
ATCP 94.320 History History: CR 10-006: cr. Register December 2010 No. 660, eff. 1-1-11.
ATCP 94.330 ATCP 94.330Records.
ATCP 94.330(1) (1)Department records. The department shall keep records of each inspection made, showing all of the following:
ATCP 94.330(1)(a) (a) The time and place of each inspection.
ATCP 94.330(1)(b) (b) The product name of the liquid fuel product inspected.
ATCP 94.330(1)(c) (c) The name and address of the person for whom the inspection is made.
ATCP 94.330(2) (2)Transportation records. Every person transporting liquid fuel products shall maintain records showing the shipment or receipt of the fuel products. The department shall have free access to the records for the purpose of determining the amount of liquid fuel products shipped or received.
ATCP 94.330(3) (3)Receipt records. Every person receiving fuel products shall maintain a record of the delivery of the product, together with bills of lading, waybills, and any other documents pertinent to verifying the inventory of the product, for at least 10 years, unless approval to the contrary is obtained from the department in writing. The department shall have free access to the records for the purpose of determining the amount of fuel products shipped or received.
ATCP 94.330 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (b) to (d), am. (3) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.11 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.700 and am. Register December 2010 No. 660, eff. 1-1-11.
subch. IV of ch. ATCP 94 Subchapter IV — Violations
ATCP 94.400 ATCP 94.400Prohibited acts.
ATCP 94.400(1) (1) No person other than an operator of a refinery or terminal may deliberately deliver, unload, direct, or transfer a lower grade of a fuel product into a storage tank system labeled as containing a higher grade of fuel product unless specifically approved in writing by an inspector.
ATCP 94.400(2) (2) Except as authorized under sub. (1), no person may deliberately deliver, unload, direct, or transfer dissimilar fuels, dissimilar octane, or a dissimilar grade of fuel products into a storage tank unless specifically approved in writing by an inspector.
ATCP 94.400(3) (3) No person may hinder, divert, or obstruct inspectors in the performance of their duties under the authority of this chapter.
ATCP 94.400(4) (4) No person may represent a motor fuel or fuel product in any manner that is contrary to the provisions and the adopted standards of this chapter, and the provisions of ch. 168, Stats.
ATCP 94.400(5) (5) No person may transfer a fuel product to any place for retail sale or offer to sell that fuel product if it has been altered after being testing under this chapter, unless either approved otherwise by the department or further testing shows the altered product complies with this chapter.
ATCP 94.400 Note Note: Blending two batches of fuel which each meet the same ASTM standard is not considered to be altering the fuel.
ATCP 94.400(6) (6) No person may deliver, place, receive, or store in any portable container any product that has a flash point of less than 100°F when tested using either an ASTM D56 or ASTM D6450 closed tester, unless the container complies with s. ATCP 94.300 (2) (a).
ATCP 94.400(7) (7) No person may deliver, place, receive, or store any fuel product that has a flash point of 100°F or more when tested using either an ASTM D56 or ASTM D6450 closed tester, in any portable container which is in any manner colored red.
ATCP 94.400 History History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.590, am. (1), (2), (4), renum. (5), (6) to be (6), (7) and am., cr. (5) Register December 2010 No. 660, eff. 1-1-11; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 94.410 ATCP 94.410Reimbursement of product-analysis and investigation costs.
ATCP 94.410(1) (1)Outside testing. An owner or seller of products which are subjected to a qualitative analysis that cannot be performed by department equipment and which are therefore sent to an outside testing source shall reimburse the department for the cost of the analysis and shipping, and pay any fee assessed under ch. SPS 302.
ATCP 94.410(2) (2)Miscellaneous investigations. An owner or seller of a product shall pay the department any fees assessed under ch. SPS 302 for any of the following:
ATCP 94.410(2)(a) (a) Investigation of product-performance complaints.
ATCP 94.410(2)(b) (b) Investigation of products subject to mislabeling.
ATCP 94.410(2)(c) (c) Investigation of accidents or explosions, under s. ATCP 94.100 (6).
ATCP 94.410(3) (3)Waiver. All reimbursements and fees under this section shall be waived if the analysis or investigation determines that the corresponding product complies with this chapter.
ATCP 94.410(4) (4)Due date. All reimbursements and fees that are due under this section shall be paid within 15 calendar days of billing.
ATCP 94.410(5) (5)Continuation of shutdown. Failure to pay any reimbursements or fees under this section, for a liquid fuel storage tank system that has been shut down under s. ATCP 94.100 (8), shall result in a continuation of that shutdown.
ATCP 94.410 History History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.650 and am. (2) (c), (5) Register December 2010 No. 650, eff. 1-1-11; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; correction in (1), (2) (intro.), (c), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (c), (5) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.