ATCP 33.42(2)(a)1. 1. One hundred and twenty five percent of the capacity of the largest storage container in the secondary containment structure if the secondary containment structure is not fully enclosed in a building, or 110% of the capacity of the largest storage container in the secondary containment structure if the secondary containment structure is enclosed in a building.
ATCP 33.42(2)(a)2. 2. The total volume of discharged liquid that would be displaced by the submerged portions of all other storage containers, fixtures and materials located within the secondary containment structure, if the structure were filled to capacity with discharged liquid.
ATCP 33.42(2)(b) (b) Paragraph (a) does not apply to a bladder tank that complies with s. ATCP 33.44 (10).
ATCP 33.42(3) (3)Wall height.
ATCP 33.42(3)(a)(a) Except as provided in pars. (b) to (d), a secondary containment structure shall have walls at least 4 inches high but not more than 4 feet high, measured from the interior floor of the secondary containment structure.
ATCP 33.42(3)(b) (b) Paragraph (a) does not apply to an earthen-lined structure that complies with s. ATCP 33.44 (6), a tank-in-tank that complies with s. ATCP 33.44 (9), or a bladder tank that complies with s. ATCP 33.44 (10).
ATCP 33.42(3)(c) (c) A secondary containment structure that was in use prior to November 1, 2006 may have walls more than 4 feet high if the structure provides safe access to storage containers and appurtenances, and a safe exit in the event of a discharge.
ATCP 33.42(3)(d) (d) A secondary containment structure that was in use prior to November 1, 2006 may have walls less than 4 inches high, provided that the structure meets the capacity requirements in sub. (2).
ATCP 33.42(4) (4)Storage container location.
ATCP 33.42(4)(a)(a) Except as provided in par. (b), all storage containers in a secondary containment structure shall be located at least 24 inches from the walls of the structure and at least 24 inches from each other.
ATCP 33.42(4)(b) (b) Paragraph (a) does not apply to any of the following:
ATCP 33.42(4)(b)1. 1. Storage containers installed in a secondary containment structure constructed prior to November 1, 2006.
ATCP 33.42(4)(b)2. 2. Bladder tanks.
ATCP 33.42(4)(b)3. 3. Mini-bulk containers.
ATCP 33.42(5) (5)Inspection and maintenance. An operator shall do all of the following:
ATCP 33.42(5)(a) (a) Routinely inspect and maintain a secondary containment structure to ensure compliance with this subchapter.
ATCP 33.42(5)(b) (b) Repair a secondary containment structure, when necessary, according to good engineering practice and manufacturer specifications.
ATCP 33.42(5)(c) (c) Remove a secondary containment structure if the operator cannot maintain it in compliance with this subchapter, or if corrective action is needed to remove contamination from beneath the structure. An operator shall remove a leaking secondary containment structure unless the structure is repaired and remains liquid-tight for at least 2 years after the date of repair.
ATCP 33.42(6) (6)Liquid pesticide stored with other materials.
ATCP 33.42(6)(a)(a) Except as provided in par. (b), only the following materials may be stored in the same secondary containment structure with liquid bulk pesticide:
ATCP 33.42(6)(a)1. 1. Other liquid pesticides.
ATCP 33.42(6)(a)2. 2. Pesticide diluting agents.
ATCP 33.42(6)(a)3. 3. Pesticide rinsate.
ATCP 33.42(6)(a)4. 4. Empty pesticide containers.
ATCP 33.42(6)(a)5. 5. Recovered pesticide discharges.
ATCP 33.42(6)(b) (b) Liquid bulk pesticide may be stored in the same secondary containment structure with bulk fertilizer or dry bulk pesticide if either of the following applies:
ATCP 33.42(6)(b)1. 1. The secondary containment structure contains only mini-bulk or mobile storage containers, or both.
ATCP 33.42(6)(b)2. 2. The secondary containment structure is located within a fully enclosed building.
ATCP 33.42 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.
ATCP 33.44 ATCP 33.44Secondary containment structures; forms of construction. A secondary containment structure shall take one of the forms authorized in this section.
ATCP 33.44(1) (1)Concrete structures.
ATCP 33.44(1)(a)(a) A secondary containment structure may be constructed of concrete.
ATCP 33.44(1)(b) (b) A concrete secondary containment structure constructed on or after November 1, 2006 shall be constructed of portland cement concrete and shall comply with standards specified in chapters 5 and 6 of the Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005).
ATCP 33.44 Note Note: The Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005), written by professor David W. Kammel, department of biological systems engineering, University of Wisconsin-Extension, is on file with the department and the legislative reference bureau. Copies are available free of charge from the department at the following address:
ATCP 33.44 Note Department of Agriculture, Trade and Consumer Protection
ATCP 33.44 Note Agricultural Resource Management Division
ATCP 33.44 Note P.O. Box 8911
ATCP 33.44 Note Madison, WI 53708-8911
ATCP 33.44 Note Phone: (608) 224-4500
ATCP 33.44 NoteWeb: http://www.datcp.state.wi.us
ATCP 33.44(1)(c) (c) If a concrete secondary containment structure is constructed on or after November 1, 2006, the operator or a person chosen by the operator shall inspect the construction for conformity to the design specifications filed with the department under s. ATCP 33.10 (1). The person conducting the inspection shall inspect and approve the construction of the soil sub-base, the laying of structural steel, and the laying of waterstop materials and devices before concrete is poured. The operator shall provide a copy of the inspection report and approval to the department.
ATCP 33.44 Note Note: The department recommends that construction inspection be performed by a qualified person experienced in reading plans and inspection construction.
ATCP 33.44(3) (3) Structures with synthetic liners. A secondary containment structure may be constructed of earth or other materials if the structure is fully lined with a synthetic liner and all of the following apply:
ATCP 33.44(3)(a) (a) The operator installs the liner and tests liner seams according to manufacturer specifications. A qualified representative of the liner manufacturer shall perform or supervise the installation and testing.
ATCP 33.44(3)(b) (b) The liner is at least 30 mils (0.8 millimeter) thick.
ATCP 33.44(3)(c) (c) The manufacturer certifies in writing that the liner is chemically compatible with all fertilizers or pesticides that the operator may store within the secondary containment structure. The operator may not store, within the liner, any fertilizer, pesticide or chemical for which the liner is not certified.
ATCP 33.44(3)(d) (d) The liner manufacturer guarantees liner effectiveness until a date specified by the manufacturer. The operator may not use the liner beyond that date unless the operator conducts an inspection of the liner within the first year after that date, and at least once every 5 years thereafter. Each inspection shall comply with all of the following requirements:
ATCP 33.44(3)(d)1. 1. The operator shall remove all gravel and geotextile from those portions of the liner that are not covered by storage containers, and shall inspect those portions of the liner.
ATCP 33.44(3)(d)2. 2. The operator shall remove a storage container, and inspect those portions of the liner that were covered by the storage container, if an inspection under subd. 1. discloses a problem that extends under the storage container.
ATCP 33.44(3)(d)3. 3. A department inspector shall attend the inspection.
ATCP 33.44(3)(e) (e) The operator repairs and maintains the liner and seams, as necessary, to ensure that the liner complies with this subsection and remains effective. The operator shall perform repairs according to manufacturer specifications. A qualified representative of the liner manufacturer shall perform or personally supervise each repair.
ATCP 33.44(3)(f) (f) The liner rests on one of the following bases, installed according to good engineering practice to provide stable support for the liner:
ATCP 33.44(3)(f)1. 1. A synthetic geotextile.
ATCP 33.44(3)(f)2. 2. A layer of soil, sand or smooth gravel at least 6 inches (15.24 centimeters) thick. The layer shall consist of particles less than ½ inch in diameter, and shall be free of sharp objects that may penetrate the liner.
ATCP 33.44(3)(g) (g) The liner is separated, by both of the following, from every storage container whose weight bears on the liner:
ATCP 33.44(3)(g)1. 1. A synthetic geotextile that rests on the liner.
ATCP 33.44(3)(g)2. 2. A layer of soil, sand or smooth gravel at least 3 inches (7.62 centimeters) thick that rests on the synthetic geotextile. If the soil, sand or gravel is held in place by a steel, synthetic or other structure, the geotextile liner under subd. 1. shall extend beneath that structure.
ATCP 33.44(3)(h) (h) The liner is protected, as necessary, against damage from human and motor vehicle traffic.
ATCP 33.44(3)(i) (i) The liner is protected against damage from sunlight and other sources, as necessary, according to manufacturer recommendations.
ATCP 33.44(4) (4)Prefabricated structures. A secondary containment structure may consist of one or more basins pre-fabricated of steel or rigid synthetic material if all of the following apply:
ATCP 33.44(4)(a) (a) The steel or synthetic material resists corrosion, puncture and cracking. Prefabricated steel structures shall be at least 1/8 inch thick at every point.
ATCP 33.44(4)(b) (b) The steel or synthetic material is chemically compatible with all fertilizers or pesticides that may be stored within the basin. The basin manufacturer shall certify chemical compatibility in writing, and the operator shall submit a copy of the certification to the department.
ATCP 33.44(4)(c) (c) If 2 or more basins are connected to form the secondary containment structure, the connection permits free movement of any discharged liquid between the basins.
ATCP 33.44(5) (5)Steel structures constructed in place. A secondary containment structure may be constructed of steel, if it is constructed in place. A steel secondary containment structure constructed on or after November 1, 2006 shall be at least 1/8 inch thick at every point.
ATCP 33.44(6) (6)Structures with earthen liners.
ATCP 33.44(6)(a)(a) A secondary containment structure may be constructed of earth or other materials if one of the following applies and the structure has an earthen liner that complies with par. (b):
ATCP 33.44(6)(a)1. 1. The structure was in use prior to November 1, 2006.
ATCP 33.44(6)(a)2. 2. The structure contains only fertilizer storage containers that were constructed on site.
ATCP 33.44(6)(b) (b) An earthen liner under par. (a) shall comply with all of the following:
ATCP 33.44(6)(b)1. 1. The liner shall be designed and constructed, according to good engineering practice, to achieve a coefficient of permeability of not more than 1 x 10-6 cm/sec.
ATCP 33.44(6)(b)2. 2. The liner shall be at least 6 inches (15 centimeters) thick.
ATCP 33.44(6)(b)3. 3. The liner shall be covered by an inorganic soil layer not less than 6 inches (15 centimeters) thick.
ATCP 33.44(6)(b)4. 4. The liner shall be maintained to prevent cracking.
ATCP 33.44(6)(b)5. 5. The liner may not be constructed of silt, silty sand or other frost–susceptible soils.
ATCP 33.44(6)(b)6. 6. If the liner is made of natural soil, not less than 50% by weight of the natural soil shall pass through a number 200 soil sieve and not less than 95% by weight of the natural soil shall pass through a number 4 sieve. A natural soil liner shall contain not more than 2% organic material and shall have a plasticity index of at least 15.
ATCP 33.44(6)(b)7. 7. The liner, if treated with bentonite, shall have a uniform mixture of natural soil and bentonite. The natural soil shall have a plasticity index of at least 12. Not less than 30% by weight of the natural soil shall pass through a number 200 soil sieve, and not less than 95% by weight of the natural soil shall pass through a number 4 soil sieve. Not less than 90% by weight of the bentonite shall pass through a number 80 soil sieve, and the soil–bentonite mixture shall contain at least 5% bentonite by weight.
ATCP 33.44(6)(b)8. 8. The liner shall be reconstructed at least once every 15 years.
ATCP 33.44(6)(b)9. 9. The operator shall remove storage containers from the secondary containment structure before reconstructing or recompacting the liner, except that the operator is not required to remove a storage container that has a capacity of 50,000 gallons or more.
ATCP 33.44(6)(b)10. 10. Before the operator reconstructs or recompacts the liner, the operator shall analyze the liner material for compliance with subds. 6. and 7., and to determine whether corrective action is required under ch. ATCP 35.
ATCP 33.44(7) (7)Building floor; mini-bulk and mobile containers. A warehouse or other building may be used as a secondary containment structure for all of the following if the building complies with this section and can contain a discharge of liquid fertilizer or pesticide:
ATCP 33.44(7)(a) (a) Mini-bulk containers of fertilizer or pesticide.
ATCP 33.44(7)(b) (b) Mobile containers kept in the building for not more than 7 days.
ATCP 33.44(8) (8)Mixing and loading pads used for secondary containment. An operator may use a mixing and loading pad as a secondary containment structure if the mixing and loading pad complies with s. ATCP 33.32 and this section.
ATCP 33.44(9) (9)tank-in-tank. An operator may use a tank-in-tank, without any other secondary containment structure, if all of the following apply:
ATCP 33.44(9)(a) (a) A liquid level monitoring device automatically stops the flow of fertilizer or pesticide into the inner tank when the inner tank is filled to the maximum level allowed under s. ATCP 33.20 (9).
ATCP 33.44(9)(b) (b) The tank-in-tank is equipped to ensure safe and effective detection and recovery of liquid leaked from the inner tank to the outer tank.
ATCP 33.44(9)(c) (c) The operator inspects the tank-in-tank and leak detection system at least monthly.
ATCP 33.44(9)(d) (d) The operator does all of the following in response to a leak:
ATCP 33.44(9)(d)1. 1. Promptly reports the leak to the department.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.