(b) Notwithstanding par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 168.21 (3), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a). (6) The department may not promulgate or enforce a rule that requires the owner or operator of a motor vehicle fueling facility to have a telephone or other means for contacting emergency services available to the public.
168.25 Enforcement.
(1) The department shall enforce this subchapter.
(2) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this subchapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.
(3) The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.
168.28 Inventory of petroleum product storage tanks.
(2) Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of aboveground storage tanks and underground storage tanks. The department may require its deputies and any person engaged in the business of distributing petroleum products to provide information on the location of aboveground storage tanks and underground storage tanks.
5. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
The department estimates that it will use approximately 1,200 hours of staff time to develop this rule.
6. List with description of all entities that may be affected by the proposed rule:
Businesses that design, install, inspect, remove, own, or operate storage tank systems for flammable, combustible, or hazardous liquids may be impacted by this rule. This may include retail gasoline stations, fuel wholesalers or distributors, fleet operators, industrial facilities, petroleum equipment service companies, engineering firms and consultants, fire prevention inspectors, and farmers.
7. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The federal government references many industry standards as best practices. The department’s proposed rule modifications are not expected to conflict with adopted federal regulations.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule should have minimal economic impact statewide and locally. Neither the department nor its agents have enforced ch. ATCP 93 for aboveground tanks less than 5,000 gallons since October 2019. Therefore, the current impact on industry from this proposed revision will be minimal. Some businesses may need to purchase standards they may not otherwise possess. Contact Person: David A. Woldseth, Program and Policy Analyst, Phone (608) 224-5164
