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.
SPS 310.140(2)(c)
(c) The owner of a registered tank system that undergoes any of the following changes or modifications shall have the change or modification registered with the department in accordance with
sub. (3) (a) and
(c) or
(d) within 15 business days of completion of the change or modification:
SPS 310.140(2)(c)1.
1. Change in service, where the subsequent service is storing a regulated substance.
SPS 310.140(2)(c)2.
2. Addition of leak detection, spill or overfill control or corrosion protection for any part of the system; or upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.
SPS 310.140(2)(d)
(d) The owner of a tank system that is undergoing any of the following changes shall have the change registered with the department in accordance with
sub. (3) (a) within 15 business days of the change:
SPS 310.140(2)(d)1.
1. Conversion to being either temporarily out of service or back into service.
SPS 310.140(2)(d)2.
2. Disconnecting and discontinuing use of a stage II vapor-recovery system.
SPS 310.140(2)(e)
(e) The owner of land on which unregistered tanks are discovered, including any that are permanently closed, shall have the tanks registered with the department in accordance with
sub. (3) (a) and
(b) within 15 business days of discovery.
SPS 310.140 Note
Note: See section
SPS 310.400 (6) (c) for registration requirements that apply when an AST is relocated to a property with a different street address.
SPS 310.140 Note
Note: See section
SPS 310.450 or
310.550 (1) (e) for registration requirements that apply when an AST or UST, respectively, is changed from storing a regulated substance to storing a non-regulated substance.
SPS 310.140 Note
Note: See section
SPS 310.460 (4) or
310.560 (2) (d) for registration requirements that apply during permanent closure or removal of an AST or UST system, respectively.
SPS 310.140 Note
Note: See section
SPS 310.530 (2) (f) for registration requirements that apply when a UST lining is installed.
SPS 310.140(3)(a)(a)
General. A storage tank registration form, form ERS-7437 or ERS-8731, shall be completed, signed by the owner and submitted to the department, for each tank which stores regulated substances and which is not exempted in
sub. (1).
SPS 310.140 Note
Note: Form ERS-7437 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-8731 — Aboveground 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, or from the Division's Web site at
http://dsps.wi.gov/er/ER-BST-FM-SPS310Forms.html.
SPS 310.140(3)(b)
(b)
Proof of financial responsibility. For a tank owner meeting any of the conditions in
sub. (2) (a) and
(e), except for permanently closed tanks,
proof of any required financial responsibility and an affidavit of financial responsibility, in accordance with subch.
VII shall be submitted with the registration form.
SPS 310.140 Note
Note: See section
SPS 310.700 (1) for the types of tanks that must have financial responsibility. See section
SPS 310.745 (2) (j) for requirements for an affidavit of financial responsibility.
SPS 310.140(3)(c)1.1. Submittal of a registration form for a newly installed shop-built tank system, or for a registered shop-built tank system addressed in
sub. (2) (c), shall include the original of the tank installation inspection checklist, form ERS-9658, or ERS-6294 UST, as completed by the certified tank system inspector under s.
SPS 310.115 (2) (b) 4., except as specified in
par. (d).
SPS 310.140(3)(c)2.
2. Submittal of a registration form for a newly installed UST system shall include the results of the installation tests required in
s. SPS 310.500 (6).
SPS 310.140(3)(d)
(d)
Exceptions. In the following circumstances, the specified documents shall be submitted instead of form ERS-9658 or ERS-6294 UST:
SPS 310.140(3)(d)1.
1. `Newly installed aboveground tanks storing federally regulated hazardous substances.' Submittal of a registration form for an aboveground tank which stores federally regulated hazardous substances and which is put into service on or after February 1, 2009, shall include a statement from the qualified engineer responsible for designing and overseeing the construction of the tank system. The statement shall include the name, business address and signature of the qualified engineer and a summary list of design standards used.
SPS 310.140 Note
Note: The list of federally regulated hazardous substances referred to in this subdivision, also known as the CERCLA List, is located in
40 CFR 302.4, Table 302.4.
SPS 310.140(3)(d)2.
2. `Conversion to point-of-sale fueling.' Where conversion to point-of-sale fueling is the only change at a facility, submittal of the registration form shall include the POS fueling installation form (ERS-6294 POS) completed under
s. SPS 310.100 (3) (a) 5. b.
SPS 310.140(3)(d)3.
3. `Upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.' Where upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer is the only change at a facility, submittal of the registration form shall include the leak detection installation form (ERS-9 LD) completed under
s. SPS 310.100 (3) (a) 5. c.
SPS 310.140(3)(d)4.
4. `Conversion to storage and dispensing of alternative motor fuels.' Where conversion to storage and dispensing of alternative motor fuels is the only change at a facility, submittal of the registration form shall include Part II of form ERS-9 Alternative Fuels, as completed by the tank owner under
s. SPS 310.100 (3) (a) 5. d.
SPS 310.140 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; corrections in (3) (d) 2. to 4. made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635; correction in (3) (c) 1., 2., (d) 2., 3., 4. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.145(1)(1)
General. All in-use and temporarily-out-of-service storage tanks, whether new or existing, that are used to store a regulated substance shall have a permit to operate from the department, except this requirement does not apply to any of the following tanks:
SPS 310.145(1)(b)
(b) Farm and residential underground storage tanks which have a capacity of less than 1,100 gallons and which are used for storing motor fuel.
SPS 310.145(1)(c)
(c) Underground storage tanks storing heating oil for consumptive use on the premises.
SPS 310.145(2)
(2) Permit application timeline. The tank owner shall apply for a permit to operate, in accordance with
sub. (3), after all requirements for plan approval under
s. SPS 310.100 and registration under
s. SPS 310.140 are completed and the tank is installed, but before the tank is placed in
to service.
SPS 310.145(3)(a)(a) The owner shall complete 1 permit application, form ERS-7658, as provided by the department, for each tank and submit it to the department along with the information required on the application, except as specified in
par. (b), and with any fees due to the department as assessed under
chs. SPS 302 or
348.
SPS 310.145(3)(b)
(b) Where registration information in full compliance with
s. SPS 310.140 (3) is submitted for a newly installed tank, the department shall use that information as the permit application.
SPS 310.145(4)(a)(a) The department shall review and make a determination on the permit application within 30 business days of receipt of the completed forms and required information.
SPS 310.145(4)(b)
(b) Upon review and acceptance of the required forms, information and fees specified in
sub. (3), the department shall issue an underground storage tank operating permit for each storage tank.
SPS 310.145(4)(c)
(c) The department may decide to not issue or to not renew an operating permit for a tank if the department finds that there has been significant noncompliance with either this chapter or orders issued pursuant to this chapter. Upon making this decision, the department shall inform the owner or operator in writing of the reasons for the decision.
SPS 310.145 Note
Note: See section
SPS 310.190 for requirements relating to appealing a decision by the department.
SPS 310.145(5)
(5) Permit posting. Each permit to operate shall be posted at the premises where the tank is located, and in a location where the permit is visible to the public. The posted permit shall be maintained in a legible state.
SPS 310.145(6)(a)1.1. The underground storage tank permit to operate shall annually expire on the 28th day of the month specified in the initially issued permit, except as provided in
subd. 2.
SPS 310.145(6)(a)2.
2. When a change of ownership occurs, the permit to operate shall expire upon completion of the real-estate transaction.
SPS 310.145(6)(b)1.1. The department shall send the tank owner of record a permit renewal notice, and a permit application, form ERS-7658, for each tank, before the expiration of the current permit, except as provided in
subd. 2.
SPS 310.145(6)(b)2.
2. Where a change of ownership occurs, the department shall send the new tank owner a permit application, form ERS-7658, within 15 business days of being notified of the change of ownership, as addressed in
s. SPS 310.150.
SPS 310.145(6)(c)
(c) To renew a permit, the tank owner shall complete the application received under
par. (b) 1. and submit it to the department along with the information required on the application, and with all of the following:
SPS 310.145(7)(a)1.1. The department may suspend any permit issued under this section, upon determining that operation of any involved tank constitutes an imminent hazard to human health or the environment, or that financial responsibility required in subch.
VII has been discontinued.
SPS 310.145(7)(a)2.
2. When suspending a permit, the department shall inform the owner or operator in writing of the reasons for the suspension.
SPS 310.145(7)(b)
(b) Upon suspension of a permit, all dispensing from any involved tank shall cease, and the department may order the owner or operator to properly empty the tank.
SPS 310.145(7)(c)
(c) The department may reinstate a suspended permit upon determining that the hazard or financial-responsibility failure which resulted in the suspension no longer exists.
SPS 310.145 Note
Note: See section
SPS 310.190 for requirements relating to appealing a decision by the Department.
SPS 310.145 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (2), (3) (a), (b), (6) (b) 2., (c) 2., 3. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.150(1)
(1) An individual or company taking ownership of property with a storage tank registered under
s. SPS 310.140 shall notify the department of the change of ownership within 15 business days of completing the real-estate transaction.
SPS 310.150(2)
(2) The ownership-change notification shall be on form ERS-7437, ERS-8731 or ERS-10861 E, as provided by the department, and shall include all of the following:
SPS 310.150(2)(a)
(a) The name and address of the new owner and of a local contact person.
SPS 310.150(2)(b)
(b) The date the documents evidencing the property transfer are executed.
SPS 310.150(2)(d)
(d) The address of all locations included in the real-estate transaction that have tanks which are subject to the registration requirements in
s. SPS 310.140.
SPS 310.150 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.
SPS 310.150(3)
(3) A permit application, form ERS-7658, if received under
s. SPS 310.145 (6) (b) 2., shall be completed and submitted to the department within 15 business days of its receipt; and shall include all of the following:
SPS 310.150(5)
(5) The authorized agent or the department shall inspect the tank system and dispensing system before the new owner puts the tank system into service.
SPS 310.150 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (3) made under s.
13.92 (4) (b) 1., Stats.,
Register November 2008 No. 635;
CR 09-017: cr. (2) (e)
Register July 2009 No. 643, eff. 8-1-09; correction in (1), (2) (d), (3) (intro.), (b), (c), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.160(2)
(2) Fees shall be submitted at the time of application.
SPS 310.160(3)
(3) No examinations, approvals, variances, permits or inspections may be given until all fees are received.
SPS 310.160 History
History: CR 07-029: cr.
Register November 2008 No. 635, eff. 2-1-09; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 310.170
SPS 310.170
Petition for variance and petition for rule change. SPS 310.170(1)(1)
Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with
ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
SPS 310.170 Note
Note: Chapter
SPS 303 requires submittal of a petition for variance form (ERS-9890-A) and a fee, and that an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. Chapter
SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days. A position statement from the fire department is applicable when the rule being petitioned relates to fire safety issues.
