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.
ATCP 93.115(4)(b) (b) The department may authorize delivery in human welfare or emergency situations, on a case-by-case basis, such as for emergency generator systems serving healthcare facilities.
ATCP 93.115(5) (5)Equipment tampering. It is a violation of this chapter for any person to tamper with or disable systems that provide corrosion protection, leak detection or spill and overfill protection.
ATCP 93.115(6) (6)Stop-work order.
ATCP 93.115(6)(a)(a) When the code official determines that tank systems, components or work methods regulated under either this chapter or ch. SPS 305 are contrary to the provisions of these chapters, or are unsafe or dangerous in any manner, the official is authorized to issue an order to stop the work or activity until the unsafe or dangerous act or condition is corrected.
ATCP 93.115(6)(b) (b) The stop-work order shall be issued verbally to the individual responsible for supervising the actions.
ATCP 93.115(6)(c) (c) If the actions cannot be corrected immediately and witnessed by the code official, the code official shall issue a written order within 6 hours of the verbal stop-work directive.
ATCP 93.115(6)(d) (d) The written order shall state the reason for the order and the conditions under which the cited work activity is authorized to resume.
ATCP 93.115 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (2) (b) 1., 2. c., 4. a., (3) (a) 8., (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (a) 3., (b) 1., 2. c., 4. a., (3) (a) 8. made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694; CR 16-012: am. (2) (b) 2. a., 4. Register August 2016 No. 728, eff. 9-1-16.
ATCP 93.120 ATCP 93.120Revocation and expiration of approval.
ATCP 93.120(1)(1) The authorized agent or the department may revoke any approval issued under the provisions of this chapter for any false statements or misrepresentation of facts upon which the approval was based.
ATCP 93.120(2) (2) Plan approval by the authorized agent or the department shall expire 2 years after the date indicated on the approved plans if construction has not commenced within that 2 year period.
ATCP 93.120 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09.
ATCP 93.130 ATCP 93.130Specific approval of materials, equipment, concepts, technology and devices.
ATCP 93.130(1) (1)Specific approval required. Specific approval shall be obtained in writing from the department for any of the following items:
ATCP 93.130(1)(a) (a) Any leak detection method for tanks or piping used to comply with a leak detection requirement under this chapter or federal law.
ATCP 93.130(1)(b) (b) Flexible non-metallic piping.
ATCP 93.130(1)(c) (c) Synthetic flexible dike liners.
ATCP 93.130(1)(d) (d) Prefabricated dike systems with integrated collision protection.
ATCP 93.130(1)(e) (e) Marine-craft tank vehicles.
ATCP 93.130(2) (2)Discretionary approval.
ATCP 93.130(2)(a)(a) The department may require specific, written approval in accordance with sub. (3) for use of new, unique or unproven materials, equipment, concepts, technology or devices. This approval may specify conditions or limitations.
ATCP 93.130(2)(b) (b) Any person may request specific, written approval in accordance with sub. (3) for use of new or unproven materials, equipment, concepts, technology or devices not specified in this chapter.
ATCP 93.130(3) (3)Application for approval.
ATCP 93.130(3)(a)(a) General.
ATCP 93.130(3)(a)1.1. Application for approval shall be made on the department's material approval application form (ERS-8028A) and shall include sufficient test results or other evidence from an independent third party to prove that the material, equipment, concept, technology or device meets the requirements or the intent of this chapter.
ATCP 93.130(3)(a)2. 2. Application for approval shall include information on inspection, testing and maintenance of the product.
ATCP 93.130(3)(a)3. 3. Upon receipt of a completed application, the fee specified in ch. SPS 302, and all information and documentation needed to complete the review, the department shall review and make a determination on the application within 60 business days.
ATCP 93.130(3)(b) (b) Leak detection methods.
ATCP 93.130(3)(b)1.1. The application for approval of leak detection methods specified in sub. (1) (a) shall include certification from an independent third party that the method has been evaluated in accordance with the applicable US EPA standard test procedure for evaluating the method.
ATCP 93.130 Note Note: US EPA test protocols require precision tightness testing for tanks to be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product when the tank is 95 percent full, with a probability of detection of 0.95 and probability of false alarm of 0.05. Precision tightness testing for piping must be capable of detecting a 0.1 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05. Automatic tank gauges and all methods of monthly monitoring must be capable of detecting a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product with a probability of detection of 0.95 and probability of false alarm of 0.05.
ATCP 93.130(3)(b)2. 2. The test methods shall be capable of detecting the minimum leak rate with the required probability of detection and false alarm, while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the height of the water table.
ATCP 93.130(3)(b)3. 3. Manufacturers of leak detection methods shall specify what threshold leak rate is used with their test methods to indicate a leak.
ATCP 93.130 Note Note: Section ATCP 93.515 (5) (b) requires automatic tank gauges to be provided with a printer that prints out the measured leak rate, and to state whether that leak rate indicates an actual leak in the system.
ATCP 93.130(3)(c) (c) Flexible non-metallic piping. The application for approval of flexible non-metallic piping shall include certification from an independent third party that the material has been evaluated in accordance with UL 971 — Nonmetallic Underground Piping for Flammable Liquids or an equivalent standard.
ATCP 93.130(3)(d) (d) Synthetic flexible dike liners.
ATCP 93.130(3)(d)1.1. The application for approval of synthetic flexible dike liners shall include certification from an independent third party that the material has been evaluated according to a protocol acceptable to the department, along with information on product compatibility, construction methods and specifications, field installation, seam testing procedures, bedding specifications and any required soil cover.
ATCP 93.130(3)(d)2. 2. For flexible dike liners that are not required to have a soil cover, information and test results shall be submitted to assess the fire hazard of the exposed liner material.
ATCP 93.130 Note Note: NFPA 701 (Test Method 2) is an example of an appropriate fire test.
ATCP 93.130(3)(e) (e) Marine-craft tank vehicles. Marine-craft tank vehicles shall be evaluated on an individual basis considering the proposed area of operation.
ATCP 93.130(4) (4)Expiration of approval.
ATCP 93.130(4)(a)(a) Approvals issued under this section are valid for a period of 3 years, with an expiration date of December 31 of the third full year after initial approval, except as provided in par. (b).
ATCP 93.130(4)(b) (b) Approvals designated as experimental are issued for a maximum term of 12 months.
ATCP 93.130(4)(c) (c) Approvals may be terminated at any time the department considers them to be in noncompliance with the assumptions on which the approval was based or with the conditions of approval.
ATCP 93.130 Note Note: Form TR-WM-127— Wisconsin Material Approval Application 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 93.130(5) (5)Products requiring listing and labeling. The following products or materials shall be listed and labeled to show compliance with a standard recognized by the department, that has been developed by a nationally recognized association or independent testing laboratory:
ATCP 93.130(5)(a) (a) Metallic flex connectors.
ATCP 93.130(5)(b) (b) Shop-built aboveground and underground storage tanks used for public access fueling of automobiles, trucks, watercraft, ATVs, snowmobiles or aircraft as specified in s. ATCP 93.620.
ATCP 93.130(5)(c) (c) Shop-built aboveground and underground storage tanks used for fueling fleet vehicles that are licensed for public highway use except for tank wagons, movable tanks, farm tanks and tank vehicles as defined in this chapter and used in accordance with s. ATCP 93.610 or 93.630.
ATCP 93.130(5)(d) (d) Work-top tanks.
ATCP 93.130(5)(e) (e) Any product or material required to be either listed or listed and labeled by a standard adopted in ss. ATCP 93.200 to 93.220.
ATCP 93.130 Note Note: Examples include required listings for dispensing devices for Class I and II liquids under NFPA 30A section 6.3.2; aboveground tanks under NFPA 30 section 25.3.1.4; and used-oil burners and the tanks that supply them, under NFPA 31 section 7.5.
ATCP 93.130 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (3) (a) 3., (5) (b), (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (5) (b), (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.140 ATCP 93.140Tank registration.
ATCP 93.140(1) (1)General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:
ATCP 93.140(1)(a) (a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:
ATCP 93.140(1)(a)1. 1. Are farm tanks, or are located at and serve a construction project.
ATCP 93.140(1)(a)2. 2. Are used to store heating oil or used oil, for consumptive use on the premises.
ATCP 93.140(1)(a)3. 3. Are used to store Class IIIB liquids other than used oil.
ATCP 93.140 Note Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.
ATCP 93.140(1)(a)4. 4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.
ATCP 93.140(1)(b) (b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.
ATCP 93.140 Note Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.
ATCP 93.140 Note Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because section ATCP 93.020 (6) (o) excludes those tanks from this chapter.
ATCP 93.140(1)(c) (c) Tank vehicles.
ATCP 93.140(1)(d) (d) Tank wagons, portable tanks and movable tanks, that are located on a property for less than 24 months.
ATCP 93.140(1)(e) (e) Tanks that are located at a US EPA superfund site.
ATCP 93.140 Note Note: Per Wisconsin Statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.
ATCP 93.140(2) (2)Registration deadlines and responsible party.
ATCP 93.140(2)(a)(a) The owner of a newly-installed storage tank shall have the tank registered with the department in accordance with sub. (3) within 15 business days of completion of the installation.
ATCP 93.140 Note Note: See section ATCP 93.150 for the deadline and other procedures for notifying the Department of a change in ownership for a registered storage tank.
ATCP 93.140(2)(b) (b) An owner of a registered tank who changes their name or mailing address, or an owner of a registered tank at a facility that undergoes a name change, shall have the change registered with the department on form TR-WM-137, TR-WM-118 or ERS-10861 E, as provided by the department, within 15 business days of the change.
ATCP 93.140 Note Note: Form TR-WM-137— Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form TR-WM-118– Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-10861 E — Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are 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.
Loading...
Loading...
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.