SPS 310.115(3)(b)2.
2. Tank systems that show evidence of attempts to mislead the authorized agent or the department regarding code compliance.
SPS 310.115 Note
Note: Examples of this evidence include obviously falsified records, sensors that are altered or rendered inoperative, or spill and overfill prevention equipment that has been tampered with or altered.
SPS 310.115(3)(c)1.1. Tank systems or components for which there is a continuing code violation under this chapter are subject to shutdown provided all of the following conditions are met, except as specified in
subd. 2.:
SPS 310.115(3)(c)1.a.
a. An initial order, allowing a period for compliance of at least 10 days, is issued with a specific compliance date.
SPS 310.115(3)(c)1.b.
b. The first re-inspection made after the specified compliance date shows that compliance has not been achieved.
SPS 310.115(3)(c)1.d.
d. Re-inspection after the second compliance date shows that compliance has still not been achieved.
SPS 310.115(3)(c)1.e.
e. The owner has not filed a
written appeal with the department within 15 calendar days of receiving the original order.
SPS 310.115(3)(c)2.
2. If the owner files a written appeal with the department within 15 calendar days of receiving the original order, enforcement action shall proceed until such time as a decision is issued in relation to the appeal, overturning or modifying the order.
SPS 310.115 Note
Note: See section
SPS 310.190 for further requirements relating to appeals.
SPS 310.115(3)(d)
(d) Required information. The owner or operator shall provide the authorized agent or the department with all of the following information when a system is shut down:
SPS 310.115(4)(a)(a) It is a violation of this chapter for any person to knowingly deliver or place a regulated substance into a tank system that has been shut down by an enforcement action under this section.
SPS 310.115(4)(b)
(b) The department may authorize delivery in human welfare or emergency situations, on a case-by-case basis, such as for emergency generator systems serving healthcare facilities.
SPS 310.115(5)
(5) Equipment tampering. It is a violation of this chapter for any person to tamper with or disable systems that provide corrosion protection, leak detection or spill and overfill protection.
SPS 310.115(6)(a)(a) When the code official determines that tank systems, components or work methods regulated under either this chapter or
ch. SPS 305 are contrary to the provisions of these chapters, or are unsafe or dangerous in any manner, the official is authorized to issue an order to stop the work or activity until the unsafe or dangerous act or condition is corrected.
SPS 310.115(6)(b)
(b) The stop-work order shall be issued verbally to the individual responsible for supervising the actions.
SPS 310.115(6)(c)
(c) If the actions cannot be corrected immediately and witnessed by the code official, the code official shall issue a written order within 6 hours of the verbal stop-work directive.
SPS 310.115(6)(d)
(d) The written order shall state the reason for the order and the conditions under which the cited work activity is authorized to resume.
SPS 310.115 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (2) (b) 1., 2. c., 4. a., (3) (a) 8., (6) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.120
SPS 310.120
Revocation and expiration of approval. SPS 310.120(1)(1) The authorized agent or the department may revoke any approval issued under the provisions of this chapter for any false statements or misrepresentation of facts upon which the approval was based.
SPS 310.120(2)
(2) Plan approval by the authorized agent or the department shall expire 2 years after the date indicated on the approved plans if construction has not commenced within that 2 year period.
SPS 310.120 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09.
SPS 310.130
SPS 310.130
Specific approval of materials, equipment, concepts, technology and devices. SPS 310.130(1)
(1)
Specific approval required. Specific approval shall be obtained in writing from the department for any of the following items:
SPS 310.130(1)(a)
(a) Any leak detection method for tanks or piping used to comply with a leak detection requirement under this chapter or federal law.
SPS 310.130(1)(d)
(d) Prefabricated dike systems with integrated collision protection.
SPS 310.130(2)(a)(a) The department may require specific, written approval in accordance with
sub. (3) for use of new, unique or unproven materials, equipment, concepts, technology or devices. This approval may specify conditions or limitations.
SPS 310.130(2)(b)
(b) Any person may request specific, written approval in accordance with
sub. (3) for use of new or unproven materials, equipment, concepts, technology or devices not specified in this chapter.
SPS 310.130(3)(a)1.1. Application for approval shall be made on the department's material approval application form (ERS-8028A) and shall include sufficient test results or other evidence from an independent third party to prove that the material, equipment, concept, technology or device meets the requirements or the intent of this chapter.
SPS 310.130(3)(a)2.
2. Application for approval shall include information on inspection, testing and maintenance of the product.
SPS 310.130(3)(a)3.
3. Upon receipt of a completed application, the fee specified in
ch. SPS 302, and all information and documentation needed to complete the review, the department shall review and make a determination on the application within 60 business days.
SPS 310.130(3)(b)1.1. The application for approval of leak detection methods specified in
sub. (1) (a) shall include certification from an independent third party that the method has been evaluated in accordance with the applicable US EPA standard test procedure for evaluating the method.
SPS 310.130 Note
Note: US EPA test protocols require precision tightness testing for tanks to be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product when the tank is 95 percent full, with a probability of detection of 0.95 and probability of false alarm of 0.05. Precision tightness testing for piping must be capable of detecting a 0.1 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05. Automatic tank gauges and all methods of monthly monitoring must be capable of detecting a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product with a probability of detection of 0.95 and probability of false alarm of 0.05.
SPS 310.130(3)(b)2.
2. The test methods shall be capable of detecting the minimum leak rate with the required probability of detection and false alarm, while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the height of the water table.
SPS 310.130(3)(b)3.
3. Manufacturers of leak detection methods shall specify what threshold leak rate is used with their test methods to indicate a leak.
SPS 310.130 Note
Note: Section
SPS 310.515 (5) (b) requires automatic tank gauges to be provided with a printer that prints out the measured leak rate, and to state whether that leak rate indicates an actual leak in the system.
SPS 310.130(3)(c)
(c)
Flexible non-metallic piping. The application for approval of flexible non-metallic piping shall include certification from an independent third party that the material has been evaluated in accordance with UL 971 — Nonmetallic Underground Piping for Flammable Liquids or an equivalent standard.
SPS 310.130(3)(d)1.1. The application for approval of synthetic flexible dike liners shall include certification from an independent third party that the material has been evaluated according to a protocol acceptable to the department, along with information on product compatibility, construction methods and specifications, field installation, seam testing procedures, bedding specifications and any required soil cover.
SPS 310.130(3)(d)2.
2. For flexible dike liners that are not required to have a soil cover, information and test results shall be submitted to assess the fire hazard of the exposed liner material.
SPS 310.130 Note
Note: NFPA 701 (Test Method 2) is an example of an appropriate fire test.
SPS 310.130(3)(e)
(e)
Marine-craft tank vehicles. Marine-craft tank vehicles shall be evaluated on an individual basis considering the proposed area of operation.
SPS 310.130(4)(a)(a) Approvals issued under this section are valid for a period of 3 years, with an expiration date of December 31 of the third full year after initial approval, except as provided in
par. (b).
SPS 310.130(4)(b)
(b) Approvals designated as experimental are issued for a maximum term of 12 months.
SPS 310.130(4)(c)
(c) Approvals may be terminated at any time the department considers them to be in noncompliance with the assumptions on which the approval was based or with the conditions of approval.
SPS 310.130 Note
Note: Form ERS-8028-A — Wisconsin Material Approval Application is available from the Division of Environmental and Regulatory Services at P.O. Box 7837, Madison, WI, 53707-7837, or at telephone (608) 266-7874, or from the Division's Web site at:
http://dsps.wi.gov/er/ER-BST-FM-SPS310Forms.html.
SPS 310.130(5)
(5) Products requiring listing and labeling. The following products or materials shall be listed and labeled to show compliance with a standard recognized by the department, that has been developed by a nationally recognized association or independent testing laboratory:
SPS 310.130(5)(b)
(b) Shop-built aboveground and underground storage tanks used for public access fueling of automobiles, trucks, watercraft, ATVs, snowmobiles or aircraft as specified in
s. SPS 310.620.
SPS 310.130(5)(c)
(c) Shop-built aboveground and underground storage tanks used for fueling fleet vehicles that are licensed for public highway use except for tank wagons, movable tanks, farm tanks and tank vehicles as defined in this chapter and used in accordance with
s. SPS 310.610 or
310.630.
SPS 310.130 Note
Note: Examples include required listings for dispensing devices for Class I and II liquids under NFPA 30A section 6.3.2; aboveground tanks under NFPA 30 section 25.3.1.4; and used-oil burners and the tanks that supply them, under NFPA 31 section 7.5.
SPS 310.130 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (3) (a) 3., (5) (b), (c), (e) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.140(1)(1)
General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:
SPS 310.140(1)(a)
(a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:
SPS 310.140(1)(a)2.
2. Are used to store heating oil or used oil, for consumptive use on the premises.
SPS 310.140 Note
Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.
SPS 310.140(1)(a)4.
4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.
SPS 310.140(1)(b)
(b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.
SPS 310.140 Note
Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in
40 CFR 302.4, Table 302.4.
SPS 310.140 Note
Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because section
SPS 310.020 (6) (o) excludes those tanks from this chapter.
SPS 310.140(1)(d)
(d) Tank wagons, portable tanks and movable tanks, that are located on a property for less than 24 months.
SPS 310.140 Note
Note: Per Wisconsin Statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.
SPS 310.140(2)(a)(a) The owner of a newly-installed storage tank shall have the tank registered with the department in accordance with
sub. (3) within 15 business days of completion of the installation.
SPS 310.140 Note
Note: See section
SPS 310.150 for the deadline and other procedures for notifying the Department of a change in ownership for a registered storage tank.
SPS 310.140(2)(b)
(b) An owner of a registered tank who changes their name or mailing address, or an owner of a registered tank at a facility that undergoes a name change, shall have the change registered with the department on form ERS-7437, ERS-8731 or ERS-10861 E, as provided by the department, within 15 business days of the change.
SPS 310.140 Note
Note: Form ERS-7437 — Underground Storage Tank Registration, form ERS-8731– Aboveground Storage Tank Registration, and form ERS-10861 E — Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Division of Environmental and Regulatory Services at P.O. Box 7837, Madison, WI, 53707-7837, or at telephone (608) 266-7874. Forms ERS-7437 and 8731 are also available from the Division's Web site at
http://dsps.wi.gov/er/ER-BST-FM-SPS310Forms.html.
