ATCP 93.145(7)(a)1.1. The department may suspend any permit issued under this section, upon determining that operation of any involved tank constitutes an imminent hazard to human health or the environment, or that financial responsibility required in subch. VII has been discontinued.
ATCP 93.145(7)(a)2. 2. When suspending a permit, the department shall inform the owner or operator in writing of the reasons for the suspension.
ATCP 93.145(7)(b) (b) Upon suspension of a permit, all dispensing from any involved tank shall cease, and the department may order the owner or operator to properly empty the tank.
ATCP 93.145(7)(c) (c) The department may reinstate a suspended permit upon determining that the hazard or financial-responsibility failure which resulted in the suspension no longer exists.
ATCP 93.145 Note Note: See section ATCP 93.190 for requirements relating to appealing a decision by the Department.
ATCP 93.145 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (2), (3) (a), (b), (6) (b) 2., (c) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2), (3) (a), (b), (6) (b) 2., (c) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.150 ATCP 93.150Change of ownership.
ATCP 93.150(1) (1) An individual or company taking ownership of property with a storage tank registered under s. ATCP 93.140 shall notify the department of the change of ownership within 15 business days of completing the real-estate transaction.
ATCP 93.150(2) (2) The ownership-change notification shall be on form ERS-7437, ERS-8731 or ERS-10861 E, as provided by the department, and shall include all of the following:
ATCP 93.150(2)(a) (a) The name and address of the new owner and of a local contact person.
ATCP 93.150(2)(b) (b) The date the documents evidencing the property transfer are executed.
ATCP 93.150(2)(c) (c) The name of the previous owner.
ATCP 93.150(2)(d) (d) The address of all locations included in the real-estate transaction that have tanks which are subject to the registration requirements in s. ATCP 93.140.
ATCP 93.150(2)(e) (e) A copy of the newly recorded deed showing the new owner.
ATCP 93.150 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.
ATCP 93.150(3) (3) A permit application, form ERS-7658, if received under s. ATCP 93.145 (6) (b) 2., shall be completed and submitted to the department within 15 business days of its receipt; and shall include all of the following:
ATCP 93.150(3)(a) (a) Proof of financial responsibility in accordance with subch. VII.
ATCP 93.150(3)(b) (b) An affidavit of financial responsibility in accordance with s. ATCP 93.745 (2) (j)
ATCP 93.150(3)(c) (c) Any fees due to the department as assessed under chs. ATCP 94.
ATCP 93.150(4) (4) All records that are required to be retained under either s. ATCP 93.400 (11) or 93.500 (9) shall be transferred to the new owner or operator.
ATCP 93.150(5) (5) The authorized agent or the department shall inspect the tank system and dispensing system before the new owner puts the tank system into service.
ATCP 93.150 Note Note: Marketer facilities should refer to: https://datcp.wi.gov/Pages/PRograms_Services/StorageTankContacts.aspx.
Non-marketer facilities should refer to: https://datcp.wi.gov/Pages/PRograms_Services/StorageTankContacts.aspx..
ATCP 93.150 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (3) made under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635; CR 09-017: cr. (2) (e) Register July 2009 No. 643, eff. 8-1-09; correction in (1), (2) (d), (3) (intro.), (b), (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1), (2) (d), (3) (intro.), (b), (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.160 ATCP 93.160Fees.
ATCP 93.160(1) (1) Fees shall be submitted to the department as specified in this chapter or ch. ATCP 94.
ATCP 93.160(2) (2) Fees shall be submitted at the time of application.
ATCP 93.160(3) (3) No examinations, approvals, variances, permits or inspections may be given until all fees are received.
ATCP 93.160 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.1605 ATCP 93.1605Fees relating to storage tanks for liquids that are flammable, combustible or federally regulated hazardous substances.
ATCP 93.1605(1) (1)Plan examination and inspection fees. Fees for the examination of plans, site inspections and reinspections for tanks used for the storage of liquids that are flammable, combustible or federally regulated hazardous substances shall be determined in accordance with Table 93.1605.
ATCP 93.1605(2) (2)Groundwater fee. Pursuant to s. 168.23 (5), Stats., in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable, combustible or hazardous liquids, the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.
ATCP 93.1605 Note Note: In accordance with s. 168.23 (5) (b), Stats., an installation that has a capacity of less than 1,000 gallons is not subject to the groundwater fee.
ATCP 93.1605(3) (3)Reinspection fee. The contractor, when performing activities covered under ss. SPS 305.84 to 305.87, shall pay the reinspection fee to the authorized agent if the authorized agent is required to make a return trip due to any of the following, or is required to reschedule a trip on less than 24 hours notice of any of the following:
ATCP 93.1605(3)(a) (a) Failure to have the tank system accessible for inspection on the date and time specified for inspection.
ATCP 93.1605(3)(b) (b) Installation inspection points that are incomplete on the date and time specified for inspection.
ATCP 93.1605(3)(c) (c) Failure to correct deficiencies by the date and time specified for inspection.
ATCP 93.1605 Note Note: Section SPS 305.84 covers aboveground tank system installation certification requirements. SPS 305.85 covers underground tank system installation certification requirements. SPS 305.86 covers tank system lining certification requirements. SPS 305.87 covers tank system removing and cleaning certification requirements.
ATCP 93.1605(4) (4)Special inspection fee. The owner or operator shall pay the miscellaneous inspection fee specified in s. SPS 302.04 (2) to the authorized agent for any of the following reasons:
ATCP 93.1605(4)(a) (a) Replacement of identical equipment where the department or local program operator has waived the plan submittal requirement.
ATCP 93.1605(4)(b) (b) Pre-operational inspection required by the department as a result of compliance orders where plan submittal is not required. - See PDF for table PDF
ATCP 93.1605 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. Table, Register, March, 1996, No. 483, eff. 4-1-96; correction in Table 2.43 made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; am. Table 2.43, Register, July, 2000, No. 535, eff. 9-1-00; CR 05-038: r. and recr. Register October 2005 No. 598, eff. 11-1-05; CR 07-029: am. Table 2.43 Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (title) and (1) Register July 2009 No. 643, eff. 8-1-09; correction in (1), (3) (intro.), (4) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; SPS 302.43 renum. ATCP 93.1605 under s. 13.92 (4) (b) 1., Stats.; (title) revised under s. 13.92 (4) (b) 2., Stats.; corrections in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.170 ATCP 93.170Petition for variance and petition for rule change.
ATCP 93.170(1)(1)Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
ATCP 93.170 Note Note: Chapter SPS 303 requires submittal of a petition for variance form (ERS-9890-A) and a fee, and that an equivalency is established in the petition for variance which meets the intent of the rule being petitioned. Chapter SPS 303 also requires the Department to process regular petitions within 30 business days and priority petitions within 10 business days. A position statement from the fire department is applicable when the rule being petitioned relates to fire safety issues.
ATCP 93.170 Note Note: Form ERS-9890-A 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 93.170(2) (2)Petition for rule change. As specified in s. 227.12, Stats., any municipality; any association which is representative of a farm, labor, business or professional group; or any 5 or more persons having an interest in a rule may petition the department requesting the adoption, amendment or repeal of the rule.
ATCP 93.170 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
ATCP 93.180 ATCP 93.180Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 168.26, Stats., and shall apply separately to each tank that is in violation of this chapter.
ATCP 93.180 Note Note: Section 168.26 of the Statutes states “Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense."
ATCP 93.180 Note Note: Section 40 CFR 281.41 allows the US EPA to assess fines of $5,000 or more for each tank for each day of violation.
ATCP 93.180 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.190 ATCP 93.190Appeals and hearings on enforcement decisions.
ATCP 93.190(1)(1)Hearings.
ATCP 93.190(1)(a)(a) General. The owner or operator of a tank system may request a hearing with the department, as specified in s. ATCP 1.06 on any decision affecting that person's legal rights, including enforcement orders and any petition-for-variance, material-approval or permit decision issued under the scope of this chapter.
ATCP 93.190(1)(b) (b) Appeal requirements.
ATCP 93.190(1)(b)1.1. All appeals of enforcement orders issued under this chapter shall be in writing and shall be received by the department no later than 15 calendar days after the date of the enforcement order or decision being appealed, except as provided in subd. 2.
ATCP 93.190(1)(b)2. 2. All appeals of petitions for variance or material-approval or permit decisions issued under this chapter shall be in writing and shall be received by the department no later than 30 calendar days after the date of the decision being appealed.
ATCP 93.190(1)(b)3. 3. The department may make a determination not to proceed with a request for a hearing depending on the nature of the issue being appealed.
ATCP 93.190(1)(b)4. 4. Appeals received after the appeal deadline shall be dismissed.
ATCP 93.190(1)(b)5. 5. For purposes of this section, appeals filed after 4:30 p.m. shall be considered received on the next business day.
ATCP 93.190 Note Note: The appellant or an attorney representing the appellant may request an administrative hearing to review this action by delivering, mailing, or faxing a written request for a hearing to one of the following:
ATCP 93.190 Note In-person delivery address:
ATCP 93.190 Note Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive.
Madison, Wisconsin 53708
ATCP 93.190 Note Mailing address:
ATCP 93.190 Note Secretary of Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison WI 53708-8911
ATCP 93.190(1)(b)6. 6. An appeal shall be signed by the person whose legal rights are affected by the decision being appealed or an attorney representing such person. Any appeal filed by a person other than the person whose legal rights are affected by the decision being appealed or an attorney representing that affected person shall be dismissed.
ATCP 93.190(1)(b)7. 7. The written appeal shall list every reason the department's or authorized agent's decision is incorrect and shall identify every issue to be considered at the hearing. Issues not raised in the written appeal under this paragraph are considered waived and shall be dismissed.
ATCP 93.190(1)(c) (c) Response. Upon receipt of notification of hearing from the department, the affected party shall submit to the department a written response within 15 calendar days of the date of service. Failure to respond within the prescribed time limit, or failure to appear at the scheduled hearing, may result in the allegations specified in the complaint being accepted as true and accurate.
ATCP 93.190(1)(d) (d) Settlement agreement prior to hearing.
ATCP 93.190(1)(d)1.1. If the department and the affected party are able to reach preliminary agreement on disposition of a complaint prior to a hearing, such agreement shall be processed in accordance with all of the following:
ATCP 93.190(1)(d)1.a. a. Be transmitted in writing to the secretary of the department or the person so designated by the secretary.
ATCP 93.190(1)(d)1.b. b. Not be binding upon any party until accepted by the secretary of the department or the person so designated by the secretary.
ATCP 93.190(1)(d)2. 2. The settlement agreement shall be considered a joint motion by the parties to dismiss the appeal in its entirety with prejudice or to dismiss such portions of the appeal with prejudice as may be covered by the terms of the settlement agreement.
ATCP 93.190(1)(e) (e) Witness fees. Witness fees and mileage of witnesses subpoenaed on behalf of the department shall be paid at the rate prescribed for witnesses in circuit court.
ATCP 93.190(2) (2)Conduct of hearings.
ATCP 93.190(2)(a)(a) All hearings shall be conducted by persons selected by the department in accordance with ch. 227, Stats.
ATCP 93.190(2)(b) (b) Persons selected under par. (a) may administer oaths or affirmations and may grant continuances and adjournments for cause shown.
ATCP 93.190(2)(c) (c) The affected party shall appear in person and may be represented by legal counsel.
ATCP 93.190(2)(d) (d) Witnesses may be examined by persons designated by the department.
ATCP 93.190(2)(e) (e) There shall be no prehearing discovery except as provided in s. 227.45 (7), Stats.
ATCP 93.190(3) (3)Determinations.
ATCP 93.190(3)(a)(a) The department may make determinations and enter its order on the basis of the facts revealed by its investigation.
ATCP 93.190(3)(b) (b) Any determinations as a result of petition or hearing shall be in writing and shall be binding unless appealed to the secretary of the department.
ATCP 93.190(4) (4)Appeal arguments. Appeal arguments shall be submitted to the department in writing unless otherwise ordered.
ATCP 93.190(5) (5)Location of hearings.
ATCP 93.190(5)(a)(a) All hearings shall be held at a location determined by the department.
ATCP 93.190(5)(b) (b) Telephone testimony of individual witnesses and telephone hearings may be held at the discretion of the person designated by the secretary as hearing officer.
ATCP 93.190(6) (6)Hearing transcripts.
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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.