ATCP 93.100 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (1) (b) 6. Register July 2009 No. 643, eff. 8-1-09; correction in (1) (a) 4., (b) 9. (intro.), b., (2) (d) 3. (intro.), (q), (r), (3) (a) 4., (f) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a) 4., (b) 9. (intro.), b., (2) (q), (r), (3) (a) 4., (f) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 16-012: am. (1) (a) 7. Register August 2016 No. 728, eff. 9-1-16.
ATCP 93.110 ATCP 93.110Jurisdiction over enforcement.
ATCP 93.110(1)(1)department approval of LPO.
ATCP 93.110(1)(a)(a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department or other agent approved by the department will exercise jurisdiction over the provisions of this chapter as the local program operator.
ATCP 93.110(1)(b) (b) The review of plans and specifications and the installation inspection for administering and enforcing this chapter shall be performed by a certified tank system inspector.
ATCP 93.110 Note Note: LPOs are under contract with the Department. The contract specifies LPO qualifications and responsibilities, such as plan review, inspection and consultation.
ATCP 93.110(1)(c) (c) The department may revoke its approval of a local program operator where the plan examiners or inspectors do not meet the standards specified by the department or where other requirements of the department are not met.
ATCP 93.110(2) (2)Plan review by LPO. All of the following types of plans shall be submitted to the LPO for review and approval, except as provided in sub. (3) (b):
ATCP 93.110(2)(a) (a) Plans in which all tanks for the storage, handling or use of flammable or combustible liquids have an individual capacity of less than 5000 gallons.
ATCP 93.110(2)(b) (b) Plans that consist solely of converting a full- or self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device, regardless of tank size.
ATCP 93.110 Note Note: Conversion to a point-of-sale dispensing system or device does not require a certified installer.
ATCP 93.110(3) (3)Departmental plan review. Plan review and approval shall be obtained from the department in all of the following situations, except as provided in sub. (4):
ATCP 93.110(3)(a) (a) Where 1 or more tanks for storage of a regulated substance have an individual capacity of 5,000 gallons or more.
ATCP 93.110(3)(b) (b) Where the tank system is located in an area where there is no LPO.
ATCP 93.110(3)(c) (c) Where there is installation of, or an upgrade or addition to, the corrosion protection system, regardless of tank size.
ATCP 93.110(3)(d) (d) Where there is initial installation of leak detection to a tank system, regardless of tank size.
ATCP 93.110(3)(e) (e) Where there is an upgrade or addition to the leak detection system, regardless of tank size, including any of the following:
ATCP 93.110(3)(e)1. 1. A change in manufacturer.
ATCP 93.110(3)(e)2. 2. A change in model number.
ATCP 93.110(3)(e)3. 3. A change in methodology.
ATCP 93.110 Note Note: Examples of changes in methodology include switching from a mechanical line leak detector to an electronic one or changing from statistical inventory reconciliation (SIR) to an automatic tank gauge (ATG).
ATCP 93.110 Note Note: A change from another leak detection methodology to statistical inventory reconciliation (SIR) is not required to have plan review but must follow the registration requirements in section ATCP 93.140 (2).
ATCP 93.110(3)(f) (f) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.
ATCP 93.110(3)(g) (g) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.
ATCP 93.110(4) (4)Plan review by first class city. All plans for facilities within a first class city shall be submitted to that city for review and approval.
ATCP 93.110 Note Note: As of February 1, 2009, only the City of Milwaukee had become a first class city.
ATCP 93.110(5) (5)Sequence of jurisdiction. Where an authorized agent has jurisdiction under this chapter, and a provision of this chapter refers to the authorized agent or the department, the authorized agent's jurisdiction shall be exercised in advance of the department's jurisdiction.
ATCP 93.110 Note Note: Under section ATCP 93.020 (10), the Department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.
ATCP 93.110 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09.
ATCP 93.115 ATCP 93.115Enforcement and inspections.
ATCP 93.115(1)(1)General enforcement.
ATCP 93.115(1)(a)(a) Enforcing agents. This chapter shall be enforced by the authorized agent and the department and by other code officials having jurisdiction and authority under this chapter.
ATCP 93.115(1)(b) (b) Access. The authorized agent or the department or other code official is authorized to enter any building, facility or premises and examine any tank system or component and associated records for the purpose of enforcing this chapter.
ATCP 93.115(1)(c) (c) Re-exposure. If any tank system or component that is subject to inspection is covered or concealed without the prior knowledge and authorization of the authorized agent or the department or other code official, the agent or department or official has the authority to require such work be exposed for inspection.
ATCP 93.115(1)(d) (d) Tampering. Signs, red-tags or seals posted or affixed by the authorized agent or the department or other code official may not be removed, mutilated or tampered with unless authorized by the agent, the department or official.
ATCP 93.115 Note Note: Code officials with chapter ATCP 93 enforcement responsibility have the authority to shut down a system or to prohibit specific actions relating to the operation of a system, dispensing product from the system, or adding product to a tank, by securing a “red-tag" to a component of the system marking the respective component inoperable until compliance has been achieved. A chapter ATCP 93 code official is the only individual authorized to grant the removal of the red-tag.
ATCP 93.115(2) (2)Inspections.
ATCP 93.115(2)(a)(a) General.
ATCP 93.115(2)(a)1.1. Tank system inspections for administering and enforcing this chapter shall be conducted by certified tank system inspectors.
ATCP 93.115(2)(a)2. 2. Fire safety inspections involving flammable, combustible or hazardous liquids shall be conducted by either the authorized agent or the department or by an authorized member of the local fire department.
ATCP 93.115(2)(a)3. 3. This chapter is not intended to limit or deny the ability of department of safety and professional services deputies to conduct the activities under s. 101.14 (1) (a) and (b), Stats., for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to fire hazards or to the prevention of fire.
ATCP 93.115 Note Note: See chapter SPS 314 for requirements for fire prevention not otherwise covered in this chapter.
ATCP 93.115(2)(b) (b) New and replacement installations.
ATCP 93.115(2)(b)1.1. Inspections shall be conducted during the installation of new or replacement storage tanks or piping systems within the plan review scope of s. ATCP 93.100.
ATCP 93.115(2)(b)2. 2. There shall be a minimum of 3 inspections performed on underground storage tank systems or on any system that has underground piping, at the following installation points:
ATCP 93.115(2)(b)2.a. a. At a pre-construction meeting. For installations involving underground tanks or piping, the department's pre-construction installation form (TR-WM-131) shall be filled out by the certified installer, and a copy shall be provided to the certified tank system inspector at the end of the meeting. Where an LPO has jurisdiction, the LPO shall send a copy of the form to the department.
ATCP 93.115 Note Note: Form TR-WM-131— Pre-Construction UST/PIPE Installation is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.115(2)(b)2.b. b. During the line-pressure tests.
ATCP 93.115(2)(b)2.c. c. At the pre-commissioning start up in accordance with the applicable standard listed in s. ATCP 93.200.
ATCP 93.115(2)(b)3. 3. The certified installer shall notify the authorized agent or the department, on form ERS-9198, at least 5 business days before starting an installation, to arrange for inspections.
ATCP 93.115 Note Note: Form ERS-9198 — ATCP 93 Notification Record is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.115(2)(b)4.a.a. Before a shop-built tank system is placed into operation, including back into operation after undergoing a modification or upgrade that is required to have plan approval or registration, the authorized agent or the department shall inspect the installation, and shall record the results by completing and signing the installation checklist, form TR-WM-120, or TR-WM-138, as received from the installer, under s. ATCP 93.400 (5) (f) or 93.500 (6) (e).
ATCP 93.115(2)(b)4.b. b. The original of the installation checklist, form TR-WM-120, or TR-WM-138, shall be completed and submitted to the department. A copy of the checklist shall be furnished to the owner, and a copy shall be retained by the authorized agent if there is one.
ATCP 93.115(2)(b)5. 5. The owner or operator of a facility shall notify the authorized agent or the department before placing a tank into service.
ATCP 93.115 Note Note: Section ATCP 93.145 specifies where a permit to operate must also be applied for before placing a tank into service.
ATCP 93.115(2)(c) (c) Operating facilities. Inspections at operating facilities, as determined by the authorized agent or the department, shall be conducted periodically by the authorized agent or the department to determine if the installation remains in conformance with the provisions of this chapter.
ATCP 93.115(2)(d) (d) Written order. When the tank system is inspected by a certified tank system inspector, any violations of this chapter shall be specifically listed, along with an allotted time to correct the violation.
ATCP 93.115(3) (3)System shutdown. Persons with enforcement authority under this chapter may shut down any part of a tank system, using the department-issued red-tag procedure, under any of the following conditions:
ATCP 93.115(3)(a) (a) Immediate shutdown. The following tank systems shall be subject to immediate shutdown:
ATCP 93.115(3)(a)1. 1. Tank systems or their components that pose an immediate danger to life, safety or health. Conditions that cause immediate danger to life, safety, or health include visual evidence of leakage of a regulated substance, immediate human exposure to a regulated substance in the environment, defective equipment resulting in release of a regulated substance, overfill prevention that is not functioning properly or inadequate tank venting.
ATCP 93.115(3)(a)2. 2. Tank systems that do not have leak detection, corrosion protection or spill and overfill protection installed as required under this chapter.
ATCP 93.115 Note Note: Immediate shutdown is not authorized under subdivision 2. where equipment is installed properly but is operating improperly, such as a sacrificial anode system that fails to meet the negative 850-millivolt threshold in section ATCP 93.520 (2).
ATCP 93.115(3)(a)3. 3. Tank wagons and movable tanks that are located, used or moved in a manner which presents an immediate environmental or safety hazard.
ATCP 93.115(3)(a)4. 4. Tank systems undergoing installation that are not in compliance with this chapter, until the certified installer, professional engineer or owner obtains a petition for variance or code interpretation from the department showing that the action in question provides an equivalent degree of fire and environmental protection as the requirement in this chapter.
ATCP 93.115(3)(a)5. 5. Tank systems that have experienced a lapse in financial responsibility required under subch. VII, until financial responsibility is obtained and the tank system is issued a permit to operate.
ATCP 93.115(3)(a)6. 6. Tank systems used to store liquids that have been shown to be corrosive, reactive or otherwise incompatible with materials used in the construction of the tank system.
ATCP 93.115(3)(a)7. 7. Tank systems with any breach that has the potential for liquid or vapor release, discovered as a result of an actual leak or a leak detection test, until the breach is repaired or otherwise corrected.
ATCP 93.115(3)(a)8. 8. Tank systems that undergo a change of ownership in violation of s. ATCP 93.150, until all the requirements of that section are met.
ATCP 93.115(3)(b) (b) Shutdown after investigation or inspection. The following tank systems shall be subject to shutdown after investigation or inspection:
ATCP 93.115(3)(b)1. 1. Tank systems or their components for which there is clear evidence of a release to the environment.
ATCP 93.115 Note Note: Data sources that can yield evidence of these releases include inventory records, precision tightness testing results, and leak detection system results.
ATCP 93.115(3)(b)2. 2. Tank systems that show evidence of attempts to mislead the authorized agent or the department regarding code compliance.
ATCP 93.115 Note Note: Examples of this evidence include obviously falsified records, sensors that are altered or rendered inoperative, or spill and overfill prevention equipment that has been tampered with or altered.
ATCP 93.115(3)(c) (c) Shutdown after continued violation.
ATCP 93.115(3)(c)1.1. Tank systems or components for which there is a continuing code violation under this chapter are subject to shutdown provided all of the following conditions are met, except as specified in subd. 2.:
ATCP 93.115(3)(c)1.a. a. An initial order, allowing a period for compliance of at least 10 days, is issued with a specific compliance date.
ATCP 93.115(3)(c)1.b. b. The first re-inspection made after the specified compliance date shows that compliance has not been achieved.
ATCP 93.115(3)(c)1.c. c. A second specific compliance date, allowing at least 5 days, is set.
ATCP 93.115(3)(c)1.d. d. Re-inspection after the second compliance date shows that compliance has still not been achieved.
ATCP 93.115(3)(c)1.e. e. The owner has not filed a written appeal with the department within 15 calendar days of receiving the original order.
ATCP 93.115(3)(c)2. 2. If the owner files a written appeal with the department within 15 calendar days of receiving the original order, enforcement action shall proceed until such time as a decision is issued in relation to the appeal, overturning or modifying the order.
ATCP 93.115 Note Note: See section ATCP 93.190 for further requirements relating to appeals.
ATCP 93.115(3)(d) (d) Required information. The owner or operator shall provide the authorized agent or the department with all of the following information when a system is shut down:
ATCP 93.115(3)(d)1. 1. The type and volume of product in the tank system.
ATCP 93.115(3)(d)2. 2. The date of last delivery into the tank system.
ATCP 93.115(3)(d)3. 3. The name of the transport provider.
ATCP 93.115(4) (4)Product delivery into noncomplying tank systems.
ATCP 93.115(4)(a)(a) It is a violation of this chapter for any person to knowingly deliver or place a regulated substance into a tank system that has been shut down by an enforcement action under this section.
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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.