ATCP 93.560(3) (3)Tank-system site assessment. A tank-system site assessment shall be performed in accordance with ss. ATCP 93.575 to 93.585 after notifying the authorized agent or the department but before installing a new system or backfilling the tank basin and the piping trenches.
ATCP 93.560 Note Note: The Department and the Department of Natural Resources share jurisdiction over tank closures and tank-system site assessments. The DNR must be notified if a release is discovered.
ATCP 93.560(4) (4)Applicability to previously closed systems.
ATCP 93.560(4)(a)(a) General. When directed by the department, the owner or operator of any tank system closed in-place before December 22, 1988, shall have the system removed in accordance with this section and have the tank basin assessed in conformance with s. ATCP 93.580.
ATCP 93.560(4)(b) (b) Systems previously closed without solid, inert fill. The owner or operator of any tank system that was closed before October 1, 1971, without removing the tank from the site but by filling the tank with water, shall bring the closed system into compliance with sub. (2) within a time period established by the department on a case-by-case basis, except that the tank-system site assessment in s. ATCP 93.580 is not required unless there is a suspected or obvious release. Written documentation shall be provided to prove closure with water before September 1, 1971.
ATCP 93.560 Note Note: Before September 1, 1971, chapter Ind 8 — Flammable and Combustible Liquids Code allowed UST systems to be filled with water when closed or abandoned in-place.
ATCP 93.560(4)(c) (c) Other tanks. Empty or improperly closed or abandoned tanks that do not meet the requirements of sub. (2) or the exemption under par. (b) shall be permanently closed in accordance with all of the provisions of this section.
ATCP 93.560(5) (5)Abandoned tanks. Tanks that are abandoned with or without product shall be permanently closed within 60 days of being abandoned or discovered.
ATCP 93.560 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1), (2) (a), (b), (c), (3), (4) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1), (2) (a) to (c), (3), (4) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 16-012: am. (1), (2) (d) Register August 2016 No. 728, eff. 9-1-16.
ATCP 93.570 ATCP 93.570Conditions indicating a release. The owner or operator of a storage tank system shall follow the procedures in s. ATCP 93.575 when any of the following conditions exist or when ordered to do so by the department:
ATCP 93.570(1) (1)Operating conditions. Unusual operating conditions exist, such as erratic behavior of product dispensing equipment, loss of product from the tank system or an unexplained presence of water in the tank.
ATCP 93.570 Note Note: Significant damage to equipment would be considered to be an unusual operating condition that could result in needing to perform the assessments specified in section ATCP 93.575.
ATCP 93.570(2) (2)Monitoring results. Results from a leak detection method indicate that a release may have occurred.
ATCP 93.570(3) (3)Offsite impacts. Offsite impacts appear, such as the presence of contaminated soils or free product, dissolved phase product or vapors in soils, basements, sewer or utility lines or nearby waters of the state.
ATCP 93.570(4) (4)Inventory verification. Inventory verification results indicate that a required method of leak detection has failed.
ATCP 93.570 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.575 ATCP 93.575Tank-system integrity assessment.
ATCP 93.575(1)(1)General. The owner or operator shall assess all suspected or obvious releases in accordance with sub. (2) within 7 business days of discovery of any of the conditions described in s. ATCP 93.570, unless any of the following conditions occur:
ATCP 93.575(1)(a) (a) System equipment or the monitoring device is found to be defective and is immediately repaired, re-calibrated or replaced, and additional monitoring does not confirm the initial result.
ATCP 93.575(1)(b) (b) Inventory control is the method of leak detection, as allowed by s. ATCP 93.510 (3) (d), and the data is re-evaluated using an additional 7 days of data, and the re-evaluation does not show a loss.
ATCP 93.575(2) (2)Assessment. The owner or operator shall evaluate and confirm all suspected or obvious releases by taking one or all of the following actions and shall also do so in accordance with any corresponding directive of the department:
ATCP 93.575(2)(a) (a) Tank-system integrity assessment. The owner or operator shall have a precision tightness test conducted in accordance with s. ATCP 93.515 (4) to determine whether a leak exists.
ATCP 93.575(2)(b) (b) Tank-system site assessment. The owner or operator shall have the site assessed for the presence of a release in accordance with s. ATCP 93.580.
ATCP 93.575 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (2) (intro.) Register July 2009 No. 643, eff. 8-1-09; correction in (1) (intro.), (b), (2) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) (intro.), (b), (2) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.580 ATCP 93.580Tank-system site assessment.
ATCP 93.580(1)(1)General. When a tank-system site assessment is required by this chapter, or when directed by the department, the owner or operator shall have the site evaluated for the presence of a suspected or obvious release in accordance with sub. (3).
ATCP 93.580 Note Note: An “obvious release" means there is an indication of a release, and there is both environmental evidence, such as soil discoloration, observable free product, or odors — and a known source, such as a tank or piping with cracks, holes or rust plugs, or leaking joints.
ATCP 93.580 Note A “suspected release" means either of the following: (a) There is an indication that a tank system has leaked — such as inventory losses; observable free product or evidence of free product in secondary containment at dispensers, submersible pumps or spill buckets; petroleum odors; or leak detection alarm system activation — but there is no observable environmental evidence of a release; or (b) There is observable environmental evidence of a release, such as soil discoloration or free product, but the source is unknown.
ATCP 93.580(2) (2)Exemption from assessment. A tank-system site assessment is required for the following tank systems or components only if there is a suspected or obvious release:
ATCP 93.580(2)(a) (a) Tanks which have a capacity of less than 4,000 gallons and which stored heating oil for consumptive use on the premises where stored.
ATCP 93.580(2)(b) (b) Tanks located at a private residence or on a farm premises, which have a capacity of less than 1,100 gallons, and which stored fuel for dispensing into motorized vehicles.
ATCP 93.580(2)(c) (c) The closure of double-wall pipe when modification or upgrading is conducted on a system that will remain in operation, unless the piping is to be closed in-place.
ATCP 93.580(2)(d) (d) Where the entire tank system, including the connections at the tank and dispensers, has been placed in liquid-tight secondary containment for the entire life of the system.
ATCP 93.580(3) (3)Tank-system site assessment procedures.
ATCP 93.580(3)(a)(a) General. When a tank-system site assessment is required, the owner or operator shall have a certified tank-system site assessor document field observations and sample for the presence of a release wherever contamination is identified or is most likely to be present at the tank site. If the assessor discovers obvious contamination, he or she shall complete the appropriate assessment sampling, such as for the entire system; or for only the tank, or piping, or sumps, or dispensers, and complete the documentation and reporting in its entirety. All sampling, documentation and reporting under this paragraph shall be in a format prescribed by the department.
ATCP 93.580 Note Note: The sampling documentation and reporting prescribed by the Department is contained in Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases From Underground and Aboveground Storage Tank Systems and is available from the Department's Web site at http://165.189.64.111/Documents/Industry%20Services/ERS/BST/ER-BST-PL-TSSA_Guide.pdf.
ATCP 93.580 Note Note: The format for the reporting is available at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.580 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 93.580(3)(b) (b) Exception. A person who is not a certified tank-system site assessor may perform assessments if directly supervised by a certified tank-system site assessor who is on the site during the entire assessment.
ATCP 93.580(3)(c) (c) Filing.
ATCP 93.580(3)(c)1.1. The documentation required in par. (a) shall be filed with the owner or operator no later than 21 business days after discovery of the conditions that resulted in the assessment.
ATCP 93.580(3)(c)2. 2. For all tank or piping removals, and for all releases that must be reported to the department of natural resources under s. ATCP 93.585 (2), the documentation required in par. (a) shall also be filed with the department of natural resources no later than 21 business days after the tank removal or the discovery of the release.
ATCP 93.580 Note Note: Send the documentation that must be filed with the Department of Natural Resources under this section to the Environmental Program Associate in the applicable DNR regional office. A map of those regions and the contact information for the Environmental Program Associates is available through the following DNR Web site: http://dnr.wi.gov/topic/brownfields/contact.html.
ATCP 93.580 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (3) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 93.585 ATCP 93.585Responding to a leak, spill, overfill or release.
ATCP 93.585(1)(1)general.
ATCP 93.585(1)(a)(a) Leaks. Immediately upon discovery of any evidence of a leak from a tank system or dispensing system, the owner or operator or any contractor performing work under this chapter shall take all measures necessary to stop the leak and to prevent migration of any free product into the environment.
ATCP 93.585(1)(b) (b) Releases. Immediately upon confirming any suspected release or discovering any obvious release, the owner or operator shall investigate the extent of contamination, and undertake corrective and mitigation actions in accordance with s. 292.11 (3), Stats.
ATCP 93.585(2) (2)Reporting a release.
ATCP 93.585(2)(a)(a) Reporting to the department of natural resources. The owner or operator or a person who causes it shall immediately report any release of a regulated substance to the department of natural resources in accordance with s. 292.11 (2), Stats.
ATCP 93.585 Note Note: Releases that must be reported to the Department of Natural Resources under section 292.11 (2) of the Statutes include the discovery of contaminated soils or free product; dissolved phase product or vapors, in soils, in basements, in sewer or utility lines, or in surface water or groundwater either at the tank site or in the surrounding area; and spills or overfills.
ATCP 93.585 Note Note: Releases of substances defined in section 101 (14) of CERCLA that are not flammable or combustible liquids must also be reported to the Department of Natural Resources in accordance with chapter 292 of the Statutes.
ATCP 93.585 Note Note: For more information about reporting releases to the Department of Natural Resources, refer to the DNR Web site at http://dnr.wi.gov/topic/Spills/Report.html. That site includes a notice to use a 24-hour hotline number of 800-943-0003 for reporting spills.
ATCP 93.585 Note Note: 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 93.585 Note Note: Department of Agriculture, Trade and Consumer Protection staff and authorized agents of the Department, such as Local Program Operators, periodically inspect storage facilities for petroleum products and other hazardous substances. These inspectors have authority to report any release encountered during these inspections that has not been reported to the DNR by the owner or operator — and these releases may become the subject of formal enforcement actions.
ATCP 93.585(2)(b) (b) Reporting to the owner or operator. Fuel-delivery persons shall immediately inform the owner or operator of any overfilling or spilling which occurs during the delivery procedure and which may result in or be a release.
ATCP 93.585(2)(c) (c) Reporting under CERCLA. The release of a regulated substance to the environment, that equals or exceeds its reportable quantity under CERCLA shall be reported immediately to the U.S. environmental protection agency.
ATCP 93.585 Note Note: The CERCLA List of Hazardous Substances and Reportable Quantities is contained in 40 CFR 302.4, Table 302.4.
ATCP 93.585(3) (3)Fire hazard response. The owner or operator shall identify, mitigate and monitor fire and explosion hazards, such as the presence of free product or vapors in structures.
ATCP 93.585(4) (4)Prevention of further release. The owner or operator shall take action to prevent further release of the regulated substance to the environment, including all of the following:
ATCP 93.585(4)(a) (a) Removing and safely storing as much of the regulated substance from the tank system as necessary to prevent further release to the environment.
ATCP 93.585(4)(b) (b) Taking steps to prevent migration of the substance, including managing any contaminated soils or water in accordance with ch. 292, Stats.
ATCP 93.585(5) (5)Demonstration of adequate corrective action.
ATCP 93.585(5)(a)(a) No later than 21 business days after reporting a release under this section, the owner or operator shall submit documentation to the department of natural resources demonstrating compliance with subs. (1) (b) and (4), and demonstrating that the corrective and mitigation actions which were taken have accomplished or will accomplish all of the following:
ATCP 93.585(5)(a)1. 1. Restoration of the environment to the extent practical.
ATCP 93.585(5)(a)2. 2. Minimization of the harmful effects from the release to the air, lands or waters of Wisconsin.
ATCP 93.585(5)(b) (b) Any repairs or changes to a tank system that are made because of a release reported under this section shall be reported to the department within 21 business days of completing the repair or change.
ATCP 93.585 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09.
subch. VI of ch. ATCP 93 Subchapter VI — Dispensing of Motor Fuels
ATCP 93.600 ATCP 93.600Applicability. This subchapter applies to all new and existing motor fuel dispensing facilities, except where specified otherwise.
ATCP 93.600 History History: CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09.
ATCP 93.605 ATCP 93.605General fuel dispensing requirements.
ATCP 93.605(1)(1)Standards and inspections.
ATCP 93.605(1)(a)(a) General. Periodic and annual inspections and maintenance shall be conducted in accordance with PEI RP500 and RP900.
ATCP 93.605(1)(b) (b) Electrical continuity. At least once each calendar year, dispensers for motor fuel that is a Class I liquid shall be tested for electrical continuity in accordance with PEI RP400.
ATCP 93.605(1)(c) (c) Records. Records shall be maintained for underground tanks in accordance with s. ATCP 93.500 (9), and for aboveground tanks in accordance with s. ATCP 93.400 (11).
ATCP 93.605(1)(d) (d) Nozzles.
ATCP 93.605(1)(d)1.1. Nozzles used for dispensing motor fuel shall be listed and shall be automatic closing.
ATCP 93.605 Note Note: Latch-open nozzles may be prohibited in some of the circumstances addressed by this chapter.
ATCP 93.605(1)(d)2. 2. New and replacement nozzle spouts shall comply with one of the following:
ATCP 93.605(1)(d)2.a. a. Nozzle spouts used for spark-ignition fuels shall have an outside diameter of 0.807 to 0.840 inches.
ATCP 93.605(1)(d)2.b. b. Nozzle spouts used for compression-ignition fuels for passenger cars and light-duty trucks shall have an outside diameter of 0.929 to 0.9375 inches.
ATCP 93.605(1)(d)2.c. c. Nozzle spouts used for compression-ignition fuels for heavy-duty trucks and off-road heavy equipment shall have an outside diameter of either 1.122 to 1.250 inches or 0.929 to 0.9375 inches.
ATCP 93.605(1)(e)1.1. Hose used for dispensing motor fuels shall be listed and labeled.
ATCP 93.605 Note Note: Per section ATCP 93.650, hose used for fueling aircraft must also meet the requirements of API 1529.
ATCP 93.605(1)(e)2. 2. Where fueling hose is allowed to be longer than 18 feet, the hose shall be reeled or racked unless approved otherwise by the authorized agent or the department.
ATCP 93.605(1)(e)3. 3. All fueling hose shall be protected from damage.
ATCP 93.605(1)(e)4. 4. Hose and fittings used for dispensing motor fuels shall be maintained in a manner where they are not subject to being driven over by vehicle traffic.
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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.