ATCP 93.440(5)(a)(a) If a suspected or obvious release is encountered during the inspections under this section, a tank-system site assessment shall be conducted in accordance with s. ATCP 93.465 before the tank is returned to service.
ATCP 93.440(5)(b) (b) All corrective actions, including repairs, that are indicated by the inspections under this section shall be completed before the tank system is returned to service.
ATCP 93.440(6) (6)Submittal of inspection records.
ATCP 93.440(6)(a)(a) For all tanks within a new or existing dike system that has walls or floor made of earth or masonry, all inspections required by API 653 or STI SP001 section 1.6 shall be documented as required or recommended by those standards. Each of these inspection records shall be submitted to the department no later than 1 month after the inspection, except as specified in par. (b).
ATCP 93.440(6)(b) (b) For all tanks within an existing dike system that has walls or floor made of earth or masonry, a record of the most recent inspection shall be submitted to the department no later than 6 months after February 1, 2009, and records of subsequent inspections shall be submitted to the department no later than 1 month after each inspection.
ATCP 93.440 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (2) (b), (e), (3) (c) 2., (5) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (b), (e), (3) (c) 2., (5) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.445 ATCP 93.445Seldom-used and temporarily-out-of-service tanks.
ATCP 93.445(1)(1)Operational requirements. Owners or operators of aboveground seldom-used and temporarily-out-of-service tanks shall comply with the applicable requirements of s. ATCP 93.545 (1).
ATCP 93.445(2) (2)Placing a tank back into service.
ATCP 93.445(2)(a)(a) The respective API 653 or STI SP001 inspection cycle shall be current for a tank before it is placed back into service.
ATCP 93.445(2)(b) (b) All leak detection, overfill, vent and fire valve devices shall be verified as functional before being placed back into service.
ATCP 93.445(2)(c) (c) Tank systems out of service for more than 365 days shall have a pressure test of the ullage portion to assure that tank connections are tight before the tanks are placed back into service.
ATCP 93.445(3) (3)Non-complying tanks. Tanks that are placed out of service which do not comply with this section shall be permanently closed in accordance with s. ATCP 93.460 within 60 calendar days.
ATCP 93.445 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: r. and recr. Register July 2009 No. 643, eff. 8-1-09; correction in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1), (3) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.450 ATCP 93.450Change in service to store a non-regulated substance. Owners or operators of aboveground tanks shall comply with the change-in-service requirements of s. ATCP 93.550, except a revised registration for aboveground tanks, form ERS-8731, shall be completed and submitted.
ATCP 93.450 Note Note: Form ERS-8731 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration is available from the Division of Trade and Consumer Protection, PO Box 8911, Madison WI, 53708-8911, or at telephone (608) 224-4942, or from the Division's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.450 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 December 2011 No. 672; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.460 ATCP 93.460Closure of aboveground tanks.
ATCP 93.460(1)(1)General. Owners or operators of aboveground tanks shall comply with the closure requirements of s. ATCP 93.560, except as provided in this section.
ATCP 93.460(2) (2)Certifications. Certified persons are not required to perform the following closure functions:
ATCP 93.460(2)(a) (a) Cleaning and removal of heating fuel tanks, at 1- and 2-family dwellings, that are located aboveground or in the basement.
ATCP 93.460(2)(b) (b) Cleaning and removal of field-erected tanks.
ATCP 93.460(2)(c) (c) Cleaning and removal of tanks storing a Class III liquid that is neither petroleum nor CERCLA-listed.
ATCP 93.460(3) (3)Markings.
ATCP 93.460(3)(a)(a) All aboveground tanks closed before, on or after February 1, 2009, and not immediately removed from the site shall have the word “CLOSED" and the date of permanent closure permanently marked on the exterior tank wall, at least 3 feet above grade, with lettering at least 3 inches in height.
ATCP 93.460(3)(b) (b) A certified tank system inspector may perform the marking specified in par. (a).
ATCP 93.460(4) (4)Forms. When an aboveground tank is closed, a revised tank registration, form ERS-8731, and part A of a tank -system service and closure assessment report, form ERS-8951, shall be completed and submitted to the department within 21 business days of closure.
ATCP 93.460 Note Note: Form ERS-8731, Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-8951, Tank System Service and Closure Assessment Report are 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 93.460 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; renumbering in (2) made under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635; 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 93.465 ATCP 93.465Tank-system site assessment.
ATCP 93.465(1)(1)General.
ATCP 93.465(1)(a)(a) Tank-system site assessments for aboveground tanks shall comply with this section and the assessment requirements in s. ATCP 93.580, except as provided in sub. (2).
ATCP 93.465(1)(b) (b) Tank-system site assessments for aboveground storage tank systems shall include assessment of any underground piping, the loading rack or transfer area, and the area under each tank; and shall be performed after notifying the authorized agent or the department but before completing any permanent closure.
ATCP 93.465 Note Note: For further information on sampling and reporting for these assessments, see the Department's Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases from Underground and Aboveground Storage Tank Systems or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.465(2) (2)Exceptions.
ATCP 93.465(2)(a)(a) Aboveground storage tanks or underground piping that have been placed in secondary containment complying with s. ATCP 93.420 (2) (d), (e) or (g) for their entire operational life, and loading rack or transfer areas that have been placed in secondary containment complying with s. ATCP 93.420 (5) for their entire operational life are exempt from tank-system site assessment requirements, unless there is a suspected or obvious release outside the secondary containment.
ATCP 93.465(2)(b) (b) Aboveground storage tanks that have a capacity of less than 5,000 gallons are exempt from tank-system site assessment requirements unless a suspected or obvious release is present.
ATCP 93.465(2)(c) (c) A tank-system site assessment is not required for closure of double-wall pipe when modification or upgrading is conducted on an existing system that will remain in operation, unless a suspected or obvious release is present.
ATCP 93.465 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (a), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a), (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.470 ATCP 93.470Responding to a leak, spill, overfill or release. Owners or operators, contractors and fuel-delivery persons for aboveground tanks shall comply with the requirements relating to the presence of a leak, spill, overfill or release, and the assessment of, and response to a leak or release, in ss. ATCP 93.570 to 93.585.
ATCP 93.470 Note Note: In section ATCP 93.585, releases are required to be reported to the Department of Natural Resources. Failure to notify the DNR of a release may have serious consequences — such as forfeitures under section 168.26 of the Statutes of $10 to $5000 for each violation. Each day of continued violation is a separate offense, and under section ATCP 93.180, each tank that is in violation is a separate offense.
ATCP 93.470 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 December 2011 No. 672; correction made under s. 13.92 4. (b) 7., Stats., Register October 2013 No. 694.
subch. V of ch. ATCP 93 Subchapter V — General UST Storage and Underground Piping
ATCP 93.500 ATCP 93.500General requirements.
ATCP 93.500(1) (1)Secondary containment.
ATCP 93.500(1)(a)(a) General. All new and replacement underground storage tanks and piping systems shall be provided with secondary containment and continuous electronic interstitial monitoring, except as provided in par. (b).
ATCP 93.500 Note Note: This section is coordinated with the federal Energy Policy Act of 2005, which addresses secondary containment for federally regulated tanks or piping installed within 1,000 feet of any community water system or any potable drinking water well, and which requires interstitial monitoring for any associated double-wall tanks or piping.
ATCP 93.500(1)(b) (b) Exceptions. This section does not apply to any of the following:
ATCP 93.500(1)(b)1. 1. Any farm or residential underground storage tank system which has a capacity of less than 1,100 gallons and which is used for storing motor fuel for noncommercial purposes.
ATCP 93.500(1)(b)2. 2. Any underground storage tank system which has a capacity of less than 4,000 gallons and which is used for storing heating oil for consumptive use on the premises where stored.
ATCP 93.500(1)(b)3. 3. Piping of safe suction systems, that is installed before August 1, 2009.
ATCP 93.500(1)(b)4. 4. A pipe manifold connecting 2 or more tanks, that is installed before August 1, 2009.
ATCP 93.500(1)(b)5. 5. Airport fuel hydrant systems.
ATCP 93.500(1)(c) (c) Motor fuel dispenser containment. All new motor fuel dispensing systems and all new dispensers added to an existing island or to an extension of existing pipe shall have under-dispenser containment.
ATCP 93.500(2) (2)Flexible connections. Flexible piping approved under s. ATCP 93.130 or listed metallic flex connectors shall be used in all of the following locations:
ATCP 93.500(2)(a) (a) At the top of the tank.
ATCP 93.500(2)(b) (b) Between the tank and the vent pipe.
ATCP 93.500(2)(c) (c) Below the dispenser.
ATCP 93.500(2)(d) (d) In fiberglass pipe, where there are sections less than 4 feet long between turns.
ATCP 93.500(3) (3)Underground tank design.
ATCP 93.500(3)(a)(a) General. Tanks designed and built for underground use may not be used aboveground.
ATCP 93.500(3)(b) (b) Tanks for Class I, II, IIIA or IIIB liquids. Tanks used for underground storage of Class I, II, IIIA or IIIB liquids shall be listed and shall comply with the construction and marking requirements in s. ATCP 93.250.
ATCP 93.500 Note Note: See section ATCP 93.130 (5) for listing and labeling requirements for underground tanks.
ATCP 93.500(3)(c) (c) Reuse of tanks. Tanks that are moved from one underground location to another shall meet all of the following requirements:
ATCP 93.500(3)(c)1. 1. The integrity of the tank shall be assessed and certified by the manufacturer, or a registered professional engineer, stating that the tank still meets the construction requirements in s. ATCP 93.250. The certification and a report of the assessment shall be included in the plan review documentation for the new installation.
ATCP 93.500(3)(c)2. 2. The integrity assessment required in subd. 1. shall occur after the tank has been removed.
ATCP 93.500(3)(c)3. 3. The tank shall meet all the installation requirements in this chapter.
ATCP 93.500(4) (4)System access.
ATCP 93.500(4)(a)(a) Underground storage tank systems shall be designed and constructed to allow access to all connections between the tank and piping, venting, and appurtenances that require maintenance, inspection or replacement.
ATCP 93.500 Note Note: Piping elbows are an example of connections that do not need access because typically they do not need maintenance or inspection. Valves, extractor fittings, flex connectors, corrosion-protection test connections and overfill prevention devices are examples of connections that need this access.
ATCP 93.500(4)(b) (b) The means of access shall be sufficient in size to allow for installation, maintenance and inspection of all system appurtenances.
ATCP 93.500(4)(c) (c) The means of access shall allow sufficient clearance for proper drainage from surface water incursion.
ATCP 93.500(5) (5)Secondary containment for piping.
ATCP 93.500(5)(a)1.1. When any underground product piping is installed as part of a new tank system or when 50 percent or more of a run is replaced, the piping shall be provided with approved secondary containment with non-discriminating electronic interstitial monitoring, except as specified in subd. 2.
ATCP 93.500 Note Note: Underground fill piping is included in the piping that is addressed by this paragraph.
ATCP 93.500(5)(a)2.a.a. Sumps for new or replacement underground fill piping that does not drop vertically into a tank may be monitored visually on a monthly basis, instead of monitored with an electronic sensor.
ATCP 93.500(5)(a)2.b. b. Secondary containment is not required for underground fill piping that drops vertically into a tank.
ATCP 93.500(5)(b) (b) The material used for fabricating both the primary and secondary containment shall be listed in accordance with a standard that assures liquid- and vapor-tightness.
ATCP 93.500 Note Note: The UL 971 standard meets this requirement.
ATCP 93.500(5)(c) (c) All pipe connections provided at the dispenser and at the top of the tank, that routinely contain product and are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump.
ATCP 93.500(5)(d) (d) All existing pipe connections at the top of the tank and beneath all freestanding pumps and dispensers, that routinely contain product shall be placed within secondary containment sumps by December 31 of the fifth year following February 1, 2009.
ATCP 93.500(5)(e) (e) All pipe connections at a transition between aboveground and underground piping that are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump at the time of installation or replacement.
ATCP 93.500(5)(f)1.1. Secondary containment sumps provided under this subsection shall have non-discriminating electronic sensors that will detect liquids in the sump, unless approved otherwise by the department.
ATCP 93.500(5)(f)2. 2. Piping that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection may not pass through the bottom of the sump.
ATCP 93.500(5)(f)3. 3. All electrical conduit and wiring that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection for dispensers shall pass over the top of the sump wall rather than through the wall or bottom of the sump.
ATCP 93.500 Note Note: This subsection recognizes dispenser pans, spray-on liners, brushed-on liners, formed-in-place containment products, and other effective secondary containment practices that are currently in use.
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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.