ATCP 93.400(11)(b)1.1. Operators shall maintain the required records at the site, except as provided in subds. 2. and 3., and par. (c) 9.
ATCP 93.400(11)(b)2. 2. Owners and operators of unattended sites shall make the records available for inspection at the site when given 72 hours of prior notice.
ATCP 93.400(11)(b)3. 3. The approved plans and specifications and approval letter shall be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the approved plans and specifications and approval letter shall be made available to the authorized agent or the department upon request.
ATCP 93.400(11)(b)4. 4. Records may be kept electronically, provided they are in a format acceptable to the department.
ATCP 93.400(11)(c) (c) Maintenance of records. Records shall be maintained for the following periods from the date of the most recent test, inspection or upgrade:
ATCP 93.400(11)(c)1. 1. Monthly leak detection monitoring for underground piping — 1 year.
ATCP 93.400(11)(c)2. 2. Annual precision tightness testing for underground piping — 1 year.
ATCP 93.400(11)(c)3. 3. Impressed current corrosion protection system, 60-day inspection — the previous 3 inspections.
ATCP 93.400(11)(c)4. 4. Corrosion protection system, annual test — the previous 3 tests.
ATCP 93.400(11)(c)5. 5. Annual performance verification of leak detection equipment and flow restrictor, for underground piping — 2 years.
ATCP 93.400(11)(c)6. 6. Results of functional testing of impact and emergency shut-off valves and electrical continuity testing for dispensers — 2 years.
ATCP 93.400(11)(c)7. 7. The owner's manual provided by the leak detection equipment manufacturer — until the leak detection system is replaced or no longer used.
ATCP 93.400(11)(c)8. 8. Any tank or pipe system modification or repair — the life of the system.
ATCP 93.400(11)(c)9. 9. Inspection records — 3 years or the interval between required inspections, whichever is longer.
ATCP 93.400(11)(c)10. 10. Tank-system site assessments and other environmental assessments, such as assessments for property transactions — 3 years after completion of any permanent closure, upgrade, repair or change in service. These records shall be maintained at one of the following locations:
ATCP 93.400(11)(c)10.a. a. With the owner or operator who took the AST system out of service.
ATCP 93.400(11)(c)10.b. b. With the current operator of the AST system site.
ATCP 93.400(11)(c)10.c. c. With the department if records cannot be maintained at the closed facility.
ATCP 93.400(11)(c)11. 11. Leak detection alarm investigation — 2 years.
ATCP 93.400 Note Note: All leak detection records should be retained. The documentation could be helpful to exclude the site as a possible source of contamination at a later date.
ATCP 93.400(11)(c)12. 12. One set of stamped, approved plans and specifications and a copy of the approval letter — the life of the system.
ATCP 93.400(12) (12)Tanks at remediation sites.
ATCP 93.400(12)(a)1.1. Recovery systems using oil water separators or recovery systems pumping free product at the rate of 60 gallons or more per week shall comply with this paragraph.
ATCP 93.400(12)(a)2. 2. Recovery product piping and storage tanks shall comply with either the plan review requirements in s. ATCP 93.100 or the design and construction requirements in s. ATCP 93.350 (2) for hazardous substances.
ATCP 93.400(12)(a)3. 3. Tanks shall be registered in accordance with s. ATCP 93.140.
ATCP 93.400(12)(a)4. 4. Tank construction and marking shall comply with the requirements in ss. ATCP 93.250 and 93.400 (7).
ATCP 93.400(12)(b) (b) Tanks used in recovery systems that pump free product at the rate of less than 60 gallons per week shall be constructed and marked in accordance with ss. ATCP 93.250 and 93.400 (7).
ATCP 93.400 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (2) (b) (title), (intro.) to 3., (3) (a), (c), and (d), renum. (3) (e) to (g) to be (3) (f) to (h) and am. (3) (h) 2. and 3., cr. (3) (e) Register July 2009 No. 643, eff. 8-1-09; correction in (1) (b), (2) (c), (d) 1., 2., (4) (a), (c) 1., (5) (a) 2., (b), (6) (intro.), (7) (b) 2., (12) (a) 2., 3., 4., (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (b), (2) (c), (d) 1., 2., (4) (a), (c) 1., (5) (b), (6) (intro.), (7) (b) 2., (12) (a) 2. to 4., (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 16-012: am. (5) (f), (6) (c), (8) (a) 1., b., c., d. Register August 2016 No. 728, eff. 9-1-16.
ATCP 93.410 ATCP 93.410Spill and overfill prevention.
ATCP 93.410(1) (1) Prior to delivery, the operator of the product delivery equipment that is transferring the product shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank.
ATCP 93.410(2) (2) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling.
ATCP 93.410(3) (3) Equipment shall be clearly marked so visual and audible warning signals are recognizable to the delivery person.
ATCP 93.410(4) (4) Spill and overflow prevention equipment shall be maintained to work as originally designed and installed.
ATCP 93.410(5) (5) The fill opening shall be separate from the vent opening.
ATCP 93.410(6)(a)(a) All aboveground storage tanks, whether new or existing, with the fill point not located within a diked area shall be provided with a catch basin or similar containment, except for tanks exempted by par. (d) and tanks that are exempted from secondary containment by s. ATCP 93.420 (1) (a) to (c). Existing tanks shall comply with this paragraph within 1 year after February 1, 2009.
ATCP 93.410(6)(b) (b) The catch basin or similar containment to contain spillage at the fill point shall have a minimum liquid capacity of 5 gallons, except where the catch basin or similar containment was installed before February 1, 2009.
ATCP 93.410(6)(c) (c) The basin shall be equipped with a method to remove product or a drain system that directs spilled product into the tank.
ATCP 93.410(6)(d) (d) The following tanks are exempt from this requirement:
ATCP 93.410(6)(d)1. 1. Tanks provided with controls before February 1, 2009 that comply with this subsection.
ATCP 93.410(6)(d)2. 2. Tanks filled with a manual-shutoff nozzle without a latch-open device.
ATCP 93.410(6)(d)3. 3. Tanks filled with a tight-connect with either a dry break connection or a manual shutoff valve on the hose-end connection.
ATCP 93.410(7) (7) Tanks that are filled via hand-held nozzles shall be constantly attended during product delivery and shall be provided with a vent whistle or with other overfill prevention equipment which provides a visual signal at 90 percent of the tank's capacity.
ATCP 93.410(8) (8) Tanks located remote from the fill point, that are filled only with a manual-shutoff nozzle without a latching mechanism shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank's capacity.
ATCP 93.410(9)(a)(a) The following new and existing tanks that have a fill point not located within a diked area shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank's capacity, and which automatically shuts off flow when the quantity of liquid in the tank reaches 95 percent of the tank's capacity:
ATCP 93.410(9)(a)1. 1. Tanks using tight-connect delivery.
ATCP 93.410(9)(a)2. 2. Tanks located remote from the fill point, that use delivery nozzles with latch-open devices.
ATCP 93.410(9)(b) (b) Existing tank systems shall comply with this subsection within 2 years after August 1, 2009.
ATCP 93.410(10)(a)(a) Operators shall utilize the procedures and equipment as specified in PEI RP600 for preventing overfilling of new and existing shop-built aboveground tanks.
ATCP 93.410(10)(b) (b) Fuel-delivery persons shall utilize the procedures in PEI RP600 for preventing overfilling of new and existing shop-built aboveground tanks, and may not interfere with equipment that is intended to prevent overfilling.
ATCP 93.410 Note Note: PEI RP600 does not mandate installation of equipment, but instead addresses how to effectively use the equipment that is provided, as required by other sections and referenced standards in this chapter.
ATCP 93.410 Note Note: Under sections ATCP 93.470 and ATCP 93.585 (2) (b), fuel-delivery persons must immediately inform the owner or operator of any spilling or overfilling which occurs during the delivery procedure and which may result in or be a release. Requirements for the owner or operator to report, investigate and clean up any spills and overfills are contained in sections ATCP 93.575 to 93.585.
ATCP 93.410 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (6) (c) and (9) Register July 2009 No. 643, eff. 8-1-09; correction in (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.420 ATCP 93.420Secondary containment.
ATCP 93.420(1) (1)Application. Aboveground storage tanks using secondary containment as a method of spill control shall comply with the secondary containment requirements in NFPA 30 section 22.11 and this section, except this requirement does not apply to any of the following tanks:
ATCP 93.420(1)(a) (a) Tanks covered in ss. ATCP 93.610 (1) to (3) and 93.630.
ATCP 93.420 Note Note: Sections ATCP 93.610 (1) to (3) and 93.630 cover tank wagons, movable tanks, tank vehicles and aboveground farm tanks.
ATCP 93.420(1)(b) (b) Tanks storing Class IIIB liquids other than used oil.
ATCP 93.420 Note Note: Federal regulations, such as the Spill Prevention Control and Countermeasure requirements in 40 CFR 112, may also apply to these tanks and be more restrictive, but are not enforced by the Department.
ATCP 93.420(1)(c) (c) Tanks storing Class IIIB liquids that are not in the same diked area as a tank containing Class I, II, or IIIA liquids.
ATCP 93.420(2) (2)Dike systems for tanks.
ATCP 93.420(2)(a)(a) Weather exposure. Where a dike system is used to provide secondary containment for a tank system that is exposed to the weather, the dike system shall be constructed in accordance with NFPA 30 section 22.11; ACI 350.2R, if concrete is used; and this subsection.
ATCP 93.420(2)(b) (b) Capacity. The capacity of a dike system open to the weather shall be 25 percent larger than required under NFPA 30 section 22.11.1.2 or 22.11.2.2.
ATCP 93.420(2)(c) (c) Construction. The walls and floor of the dike system shall be constructed of earth, solid masonry, steel, pre-cast concrete, engineered poured concrete, or other materials approved by the department.
ATCP 93.420(2)(d) (d) Sealing. Dike systems with the walls and floor made of steel or poured or pre-cast concrete shall have all cracks, seams and joints sealed to be liquid-tight.
ATCP 93.420(2)(e) (e) New earthen or masonry dikes.
ATCP 93.420(2)(e)1.1. New dike systems that have walls or floor made of earth or masonry shall be lined with a synthetic material having a permeability of no faster than 10 -6 centimeters per second for the substance stored, except as provided in subd. 2.
ATCP 93.420(2)(e)2.a.a. Tanks included in either subd. 2. b. or c. may have dike systems designed by an engineer, with the walls and floor made of clay material having a permeability of no faster than 10-6 centimeters per second for the substance stored. The dike system shall be designed to maintain the permeability for a minimum of 35 years.
ATCP 93.420(2)(e)2.b. b. Tanks that have a double bottom which includes interstitial monitoring.
ATCP 93.420(2)(e)2.c. c. Single-bottom tanks that are constructed to ensure that any leaks from the bottom will drain to a conspicuous location and be contained there.
ATCP 93.420 Note Note: A method to achieve compliance with subdivision 2. c. could include placing a tank over coarse aggregate that rests on a concrete base which is configured to provide the specified drainage and containment.
ATCP 93.420 Note Note: As applied under sections ATCP 93.440 (2) and (3), API 653 requires routine inspection of field-erected tanks, and STI SP001 requires periodic inspection of shop-built tanks, for evidence of leaks. Section ATCP 93.440 (6) requires submitting records of these inspections to the Department, for all tanks within a dike system that has walls or floor made of earth or masonry.
ATCP 93.420(2)(f) (f) Existing earthen or masonry dikes.
ATCP 93.420(2)(f)1.1. Tanks may be installed within an existing dike system that has walls or floor made of earth or masonry only if all of the following conditions are met:
ATCP 93.420(2)(f)1.a. a. The dike system complies with par. (b).
ATCP 93.420(2)(f)1.b. b. The new tanks comply with par. (e) 2. b. or c.
ATCP 93.420(2)(f)1.c. c. All other tanks within the dike system have overfill protection as specified in NFPA 30 section 21.7.1.
ATCP 93.420(2)(f)2. 2. An existing dike system that has walls or floor made of earth or masonry may be expanded with materials which are similar to the materials in the existing walls and floor. After that expansion, tanks may be installed within the dike system only if all of the conditions in subd. 1. a. to c. are met.
ATCP 93.420(2)(f)3. 3. Tanks within an existing dike system that has walls or floor made of earth or masonry may be converted from storing an unregulated substance to storing a regulated substance only if all of the following conditions are met:
ATCP 93.420(2)(f)3.a. a. The dike system complies with par. (b).
ATCP 93.420(2)(f)3.b. b. The converted tanks comply with par. (e) 2. b. or c.
ATCP 93.420(2)(f)3.c. c. All other tanks within the dike system have overfill protection as specified in NFPA 30 section 21.7.1.
ATCP 93.420(2)(g) (g) Installation of synthetic liners. Synthetic liners shall be installed under the direct supervision of a qualified representative of the manufacturer.
ATCP 93.420(2)(h) (h) Testing and maintenance. All new and existing synthetic liners and their seams shall be tested and maintained in accordance with the manufacturer's recommendations.
ATCP 93.420(2)(i) (i) Inspection of seams. Dike systems shall be constructed and maintained such that the liquid-tight seams can be visually inspected, except as provided in pars. (j) and (k).
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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.