SB459: Bill Text

SB459, s. 3 Section 3. 101.09 (1) (b) of the statutes is amended to read:

SB459,3,3 101.09 (1) (b) "Flammable liquid" means a liquid having a flash point below 100 degrees fahrenheit Fahrenheit.

SB459, s. 4 Section 4. 101.09 (1) (cm) of the statutes is created to read:

SB459,3,6 101.09 (1) (cm) "Tank system" means a tank and its associated piping and equipment.

SB459, s. 5 Section 5. 101.09 (2) (title) of the statutes is amended to read:

SB459,3,8 101.09 (2) (title) Storage tanks tank systems.

SB459, s. 6 Section 6. 101.09 (2) (a) of the statutes is amended to read:

SB459,3,13 101.09 (2) (a) Except as provided under pars. (b) to (d), every person who constructs, owns or controls a tank system for the storage, handling or use of liquid that is flammable or combustible or that is a federally regulated hazardous substance shall comply with the standards adopted under sub. (3).

SB459, s. 7 Section 7. 101.09 (2) (b) of the statutes is amended to read:

SB459,3,16 101.09 (2) (b) This section does not apply to storage tanks tank systems which require a hazardous waste license under s. 291.25.

SB459, s. 8 Section 8. 101.09 (2) (c) of the statutes is amended to read:

SB459,3,20 101.09 (2) (c) This section does not apply to storage tanks tank systems which are installed above ground level and which are less than 5,000 110 gallons in capacity.

Note: According to the Department of Commerce, since 1991 ch. Comm 10, Wis. Adm. Code, has applied the department's fire and environmental protection requirements to all underground tanks and to aboveground tanks as small as 110 gallons, in compliance with federal regulations. The current reference to aboveground tanks less than 5,000 gallons is thus outdated.

SB459, s. 9 Section 9. 101.09 (2) (cm) (intro.) of the statutes is amended to read:

SB459,4,4 101.09 (2) (cm) (intro.) Any rules promulgated under sub. (3) requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment system to prevent an inadvertent release of a stored substance liquid do not apply to storage tanks tank systems that satisfy all of the following:

SB459, s. 10 Section 10 . 101.09 (3) (a) of the statutes is amended to read:

SB459,4,16 101.09 (3) (a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks tank systems for the storage, handling, or use of liquids that are flammable or combustible or that are federally regulated hazardous substances, and to the property and facilities where the tanks tank systems are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or that are federally regulated hazardous substances. The rule shall comply with ch. 160. The rule may include different standards for new and existing tanks tank systems, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks.

SB459,4,20 (am) The rule promulgated under par. (a) may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.

SB459, s. 11 Section 11 . 101.09 (3) (b) of the statutes is amended to read:

SB459,5,3 101.09 (3) (b) The department may transfer any information which the department receives under par. (a) (am) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under par. (a) (am), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.

Note: Sections 10 and 11 reorganize s. 101.09 (3) (a) and (b), stats., to distinguish regulation of home heating oil tanks from other tanks.

SB459, s. 12 Section 12. 101.09 (3) (c) of the statutes is amended to read:

SB459,5,10 101.09 (3) (c) The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on, and inspect tanks tank systems; persons who design, install, test, and maintain cathodic protection systems for tank systems; and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.

Note: The addition of persons who design, install, test, and maintain cathodic protection systems for tank systems is, according to the Department of Commerce, consistent with applicable federal regulations (see 40 CFR 280.12) and with administrative rules recently promulgated by the department.

SB459, s. 13 Section 13. 101.09 (3) (d) of the statutes is amended to read:

SB459,5,16 101.09 (3) (d) The department shall promulgate a rule specifying fees for plan review and inspection of tanks tank systems for the storage, handling, or use of flammable or combustible liquids that are flammable or combustible or that are federally regulated hazardous substances and for any certification or registration required under par. (c).

SB459, s. 14 Section 14. 101.142 (title) of the statutes is amended to read:

SB459,5,19 101.142 (title) Inventory of petroleum product storage tanks for certain regulated products.

SB459, s. 15 Section 15 . 101.142 (1) (a) of the statutes is renumbered 101.142 (1) (a) (intro.) and amended to read:

SB459,6,2 101.142 (1) (a) (intro.) "Petroleum Regulated product" means materials any of the following:

SB459,6,5 1. Substances derived from petroleum, natural gas , or asphalt deposits and includes including gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases, and petrochemicals.

SB459, s. 16 Section 16 . 101.142 (1) (a) 2. of the statutes is created to read:

SB459,6,7 101.142 (1) (a) 2. Any other substances regulated under 40 CFR 280.

Note: According to the Department of Commerce, Sections 15 and 16 make the list of substances that are defined to be petroleum products, for purposes of inventorying storage tanks, consistent with applicable federal regulations. (See 40 CFR 280.)

SB459, s. 17 Section 17. 101.142 (1) (b) of the statutes is amended to read:

SB459,6,12 101.142 (1) (b) "Storage tank" means an enclosed container with a capacity in excess of 60 gallons which is used to hold a petroleum regulated product, regardless of the duration of storage, and which is intended for use as a fixed, rather than as a portable, installation.

Note: According to the Department of Commerce, the revisions to the definition of "storage tank" for purposes of tanks included in a statewide inventory are made for consistency with industry practice and ch. Comm 10, Wis. Adm. Code. See, also, Sections 15 and 16 .

SB459, s. 18 Section 18. 101.142 (2) of the statutes is amended to read:

SB459,7,2 101.142 (2) Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of every aboveground storage tanks tank with a capacity of 110 gallons or more and every underground storage tanks tank with a capacity of 60 gallons or more. The department may require its deputies and any person engaged in the business of distributing petroleum regulated products to provide information on the location of these aboveground storage tanks and underground storage tanks. The department shall develop uniform procedures for reporting the location of these aboveground storage tanks and underground storage tanks.

SB459,7,3 (End)