SB746,6,1919 (d) The tank system is an asphalt plant tank.
SB746,15 20Section 15. 168.22 (4) (intro.) of the statutes is amended to read:
SB746,6,2421 168.22 (4) (intro.) Any rules promulgated under s. 168.23 requiring an owner
22to test the ability of a storage tank, connected piping or ancillary equipment system
23to prevent an inadvertent release of a stored substance liquid do not apply to storage
24tanks tank systems that satisfy all of the following:
SB746,16 25Section 16. 168.22 (6) of the statutes is created to read:
SB746,7,2
1168.22 (6) Except for the reporting of information for the inventory described
2in s. 168.28 (2), this subchapter does not apply to farm tanks.
SB746,17 3Section 17. 168.23 (1) of the statutes is amended to read:
SB746,7,144 168.23 (1) The department shall promulgate by rule construction,
5maintenance, and abandonment standards applicable to tanks tank systems for the
6storage, handling, or use of liquids that are flammable or liquids, combustible
7liquids, or liquids that are federally regulated hazardous substances, and to the
8property and facilities where the tanks tank systems are located, for the purpose of
9protecting the waters of the state from harm due to contamination by liquids that are
10flammable or liquids, combustible liquids, or liquids that are federally regulated
11hazardous substances. The rule shall comply with ch. 160. The rule may include
12different standards for new and existing tanks tank systems, but all standards shall
13provide substantially similar protection for the waters of the state. The rule shall
14include maintenance requirements related to the detection and prevention of leaks.
SB746,7,18 15(1r) The rule promulgated under sub. (1) may require any person supplying
16heating oil to any noncommercial storage tank for consumptive use on the premises
17to submit to the department, within 30 days after the department requests, the
18location, contents, and size of any such tank.
SB746,18 19Section 18. 168.23 (1g) of the statutes is created to read:
SB746,7,2520 168.23 (1g) The department may promulgate rules to provide fire and life
21safety by ensuring the safe storage, display, installation, operation, use,
22maintenance, and transportation of flammable liquids, combustible liquids, or
23liquids that are federally regulated hazardous substances and the equipment,
24facilities, buildings, and premises that are used to store, transfer, and dispense those
25liquids.
SB746,19
1Section 19. 168.23 (2) of the statutes is amended to read:
SB746,8,82 168.23 (2) The department may transfer any information which that the
3department receives under sub. (1) (1r) to any other agency or governmental unit.
4The department and any such agency shall treat the name of the owner and the
5location of any noncommercial storage tank which that stores heating oil for
6consumptive use on the premises, required to be submitted to the department under
7sub. (1) (1r), as confidential and shall not permit inspection or copying under s. 19.35
8of any record containing the information.
SB746,20 9Section 20. 168.23 (3) of the statutes is amended to read:
SB746,8,1710 168.23 (3) The rule promulgated under sub. (1) may require the certification
11or registration of persons who install, remove, clean, line, perform tightness testing
12on and inspect tanks tank systems; persons who design, install, test, and maintain
13cathodic protection systems for tank systems;
and persons who perform site
14assessments. Any rule requiring certification or registration shall also authorize the
15revocation or suspension of the certification or registration. The department may not
16require an individual who is eligible for the veterans fee waiver program under s.
1745.44 to pay any fee that may be charged pursuant to such a rule.
SB746,21 18Section 21. 168.23 (4) of the statutes is amended to read:
SB746,8,2319 168.23 (4) The department shall promulgate a rule specifying fees for plan
20review and inspection of tanks tank systems for the storage, handling, or use of
21flammable or liquids, combustible liquids, or liquids that are federally regulated
22hazardous substances
and for any certification or registration required under sub.
23(3).
SB746,22 24Section 22 . 168.23 (5) (a) of the statutes is amended to read:
SB746,9,8
1168.23 (5) (a) Subject to par. (b), in addition to any fee charged by the
2department by rule for plan review and approval for the construction of a new or
3additional installation or change in operation of a previously approved installation
4for the storage, handling, or use of a liquid that is flammable or liquid, combustible
5liquid, or liquid that is a federally regulated hazardous substance, as defined in s.
6168.21 (3), the department shall collect a groundwater fee of $100 for each plan
7review submittal. The moneys collected under this subsection shall be credited to the
8environmental fund for environmental management.
SB746,23 9Section 23 . 168.23 (5) (b) of the statutes is amended to read:
SB746,9,1410 168.23 (5) (b) Notwithstanding par. (a), an installation for the storage,
11handling, or use of a liquid that is flammable or liquid, combustible liquid, or liquid
12that is
a federally regulated hazardous substance, as defined in s. 168.21 (3), that has
13a capacity of less than 1,000 gallons is not subject to the groundwater fee under par.
14(a).
SB746,24 15Section 24. 168.25 (1m) of the statutes is created to read:
SB746,9,1716 168.25 (1m) The department may contract with any person for services to
17administer or implement this subchapter.
SB746,25 18Section 25. 168.255 of the statutes is created to read:
SB746,9,21 19168.255 Attorney general and district attorney to prosecute. Upon
20request of the department, the attorney general or proper district attorney shall
21prosecute any action to enforce this subchapter.
SB746,26 22Section 26. 168.28 (title) of the statutes is amended to read:
SB746,9,24 23168.28 (title) Inventory of petroleum product storage tanks for certain
24regulated products
.
SB746,27
1Section 27. 168.28 (1) (a) of the statutes is renumbered 168.28 (1) (a) (intro.)
2and amended to read:
SB746,10,43 168.28 (1) (a) (intro.) Notwithstanding s. 168.01 (3), “petroleum “Regulated
4product" means materials a liquid that is any of the following:
SB746,10,7 51. A substance derived from petroleum, natural gas, or asphalt deposits and
6includes
, including gasoline, diesel and heating fuels, liquefied petroleum gases,
7lubricants, waxes, greases, and petrochemicals.
SB746,28 8Section 28 . 168.28 (1) (a) 2. of the statutes is created to read:
SB746,10,99 168.28 (1) (a) 2. A federally regulated hazardous substance.
SB746,29 10Section 29. 168.28 (1) (a) 3. of the statutes is created to read:
SB746,10,1111 168.28 (1) (a) 3. Any other substance regulated under 40 CFR part 280.
SB746,30 12Section 30. 168.28 (1) (b) of the statutes is amended to read:
SB746,10,1613 168.28 (1) (b) “Storage tank" means an enclosed container with a capacity in
14excess of 60 gallons which
that is used to hold a petroleum regulated product,
15regardless of the duration of storage and which that is intended for use as a fixed,
16rather than as a portable, installation.
SB746,31 17Section 31. 168.28 (2) of the statutes is amended to read:
SB746,11,218 168.28 (2) Inventory of storage tanks. The department shall undertake a
19program to inventory and determine the location of every aboveground storage tanks
20tank with a capacity of 110 gallons or more and every underground storage tanks
21tank with a capacity of 60 gallons or more. The department may require its deputies
22and any person engaged in the business of distributing petroleum regulated products
23to provide information on the location of aboveground storage tanks and

1underground storage tanks. The department shall develop uniform procedures for
2reporting the location of aboveground storage tanks and underground storage tanks.
SB746,11,33 (End)
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