Chapter ATCP 33

ATCP 33.60(3) (3) Protection against damage or access. Containers and appurtenances used to transport bulk fertilizer or bulk pesticide shall be protected from damage or destruction, and shall be secured against access by the general public and animals.

ATCP 33.60(4) (4) Defective containers. An operator may not transport bulk fertilizer or bulk pesticide in a visibly broken, defective or improperly sealed container unless that container is enclosed in another container that effectively prevents the discharge of fertilizer or pesticide.

ATCP 33.60 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.62 ATCP 33.62 Dust control in dry product loading. An operator shall use a loading chute or other dust control device to unload dry bulk fertilizer or dry bulk pesticide from storage containers to transport vehicles or application equipment, so that the air gap between the load-out equipment and the top rim of the transport vehicle or application equipment being filled does not exceed 2 feet.

ATCP 33.62 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

subch. IX of ch. ATCP 33 Subchapter IX — Environmental Assessments

ATCP 33.70 ATCP 33.70 Environmental assessments.

ATCP 33.70(1) (1) Assessment required. An operator shall conduct an assessment under sub. (2) whenever any of the following structures used for liquid bulk fertilizer or liquid bulk pesticide leaks, is removed, or remains out of use for more than 5 years:

ATCP 33.70(1)(a) (a) A mixing and loading pad.

ATCP 33.70(1)(b) (b) A sump.

ATCP 33.70(1)(c) (c) A secondary containment structure.

ATCP 33.70(2) (2) Nature and scope of assessment.

ATCP 33.70(2)(a) (a) An assessment under sub. (1) shall assess all of the following:

ATCP 33.70(2)(a)1. 1. Whether there have been any discharges to the environment.

ATCP 33.70(2)(a)2. 2. The extent and severity of any environmental contamination caused by the discharges under subd. 1.

ATCP 33.70(2)(b) (b) The assessment under sub. (1) shall include sampling and analysis of soils, groundwater and other media, as necessary.

ATCP 33.70(3) (3) Record and report. An operator shall file with the department a written report of each assessment under this section. The record and report shall indicate the nature, scope and findings of the assessment.

ATCP 33.70 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

subch. X of ch. ATCP 33 Subchapter X — Records and Reports

ATCP 33.80 ATCP 33.80 Records.

ATCP 33.80(1) (1) Records required. An operator shall make and keep all of the following records:

ATCP 33.80(1)(a) (a) Records of API 653 inspections required under s. ATCP 33.20 (1) (f) 2.

ATCP 33.80(1)(b) (b) Records of inspection and maintenance required under ss. ATCP 33.20 (13), 33.32 (7), 33.36 (6) and 33.42 (5).

ATCP 33.80(1)(c) (c) Records of pressure tests required under ss. ATCP 33.20 (2) (d) 1. and 33.38 (2) (d).

ATCP 33.80(1)(d) (d) Precipitation sample test records required under s. ATCP 33.52 (4).

ATCP 33.80(2) (2) Record retention. An operator shall retain the records under sub. (1) (a) for as long as the operator owns, operates or controls the storage facility. An operator shall retain the records under sub. (1) (b) to (d) for at least 3 years.

ATCP 33.80(3) (3) Record location; inspection and copying. An operator shall retain the records under sub. (1) at the storage facility, or at the nearest local office from which the operator administers that storage facility. The operator shall make the records available to the department for inspection and copying upon request.

ATCP 33.80 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.82 ATCP 33.82 Real estate sale or lease; disclosure. An operator shall do all of the following before the operator sells or leases, for another use, real estate that has been used for a storage facility:

ATCP 33.82(1) (1) Notify the department of the sale or lease.

ATCP 33.82(2) (2) Disclose to the purchaser or lessee that the real estate has been used as a storage facility.

ATCP 33.82 Note Note: Section ATCP 33.82 does not relieve the operator of other disclosure requirements that may apply under other law.

ATCP 33.82 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.