ATCP 93.100 Note
Note: Various sections of this chapter address the responsibilities that contractors have, under s.
168.22 (1), Stats., in achieving compliance with the technical requirements of this chapter, after plans and specifications are approved. For example, s.
ATCP 93.115 (2) (b) 2. a. has requirements about completing a pre-construction installation form, and meeting then with an inspector; s.
ATCP 93.115 (2) (b) 3. has requirements about notifying an inspector before starting an installation; ss.
ATCP 93.400 (5) (b) and
93.500 (6) (a) have requirements about installing aboveground and underground tank systems according to the manufacturer's instructions, the applicable national standards in s.
ATCP 93.200, plans and specifications approved under s.
ATCP 93.100 and this chapter; ss.
ATCP 93.400 (5) (f) and
93.500 (6) (d) have requirements about completing a checklist during installation of aboveground and underground tanks or piping; and s.
ATCP 93.500 (9) (a) 2. has requirements about documenting the performance of newly installed leak detection equipment. Contractors also have compliance responsibilities under various other sections, such as notifying an inspector about installing small tanks at farms and construction sites, in s.
ATCP 93.630 (3) (c); notifying an inspector about converting a dispensing facility to a point-of-use dispenser, in s.
ATCP 93.100 (1) (a) 7.; performing tank linings for underground tanks, in s.
ATCP 93.530; applying for approval to convert an installed tank system to store alternative fuel, in s.
ATCP 93.680; not allowing releases to occur, in s.
ATCP 93.230 (a); stopping leaks and preventing migration of free product into the environment, in s.
ATCP 93.585 (1); reporting releases to the department of natural resources, in s.
ATCP 93.585 (2); and cleaning or removing tanks during closure, in ss.
ATCP 93.315 (2) and
93.560 (2).
ATCP 93.100 Note
Note: Section
ATCP 93.115 (2) (b) 4. addresses the responsibility of the authorized agent or the department to inspect installation of shop-built tanks and to record the results on the installation checklist.
ATCP 93.100(3)(d)1.1. A letter shall be sent to the designer and the owner of record with a statement relating to the examination of the plans and specifications and citing the conditions of approval or denial.
ATCP 93.100(3)(d)2.
2. The plans and specifications shall be dated and stamped either “Conditionally Approved” or “Not Approved.”
ATCP 93.100(3)(d)3.
3. For all projects reviewed by the department, the department shall retain 2 copies of the plans and specifications and shall forward one copy of the plans and specifications, the approval letter, and the installation application to the corresponding LPO if there is one.
ATCP 93.100(3)(d)4.
4. The remaining 2 sets of plans and specifications and the approval letter shall be returned to the person designated on the installation application.
ATCP 93.100 Note
Note: Under ss.
ATCP 93.400 (11) (b) and
93.500 (9) (b), the approved plans and specifications and approval letter must be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the plans and specifications and approval letter must be made available to the authorized agent or the department upon request.
ATCP 93.100(3)(e)
(e)
Plan denial. If the authorized agent or the department determines that the plans and specifications or application do not substantially conform to the provisions of this chapter, the application shall be denied in writing, specifying the reasons for denial.
ATCP 93.100(3)(f)
(f)
Appeals. In the event of a dispute as to whether the information submitted to an authorized agent shows compliance with the provisions of this chapter, the application may be submitted to the department for informal review, instead of filing a formal appeal under s.
ATCP 93.190, and the decision of the department shall then govern.
ATCP 93.100(4)(a)
(a)
Submittal as new installation. Additions or modifications to systems that occur or become known after the closing of the excavation or commencement of system operation shall be submitted for review as a new installation.
ATCP 93.100(4)(b)1.1. Additions or modifications which deviate from the original conditionally approved plans and specifications and which are made before closing the excavation or commencement of system operation shall be submitted for plan review and approval as a revision.
ATCP 93.100(4)(b)2.
2. The replacement of parts or components shall be submitted for plan review and approval as a revision, unless they will be identical in function to the previously approved parts or components, and they will be in the identical location of the previously approved parts or components.
ATCP 93.100 Note
Note: Examples of modifications that require plan review as a revision include changes in tank placement, size of tank, length or direction of piping run, additional system components, and changes in monitoring equipment. The department will determine if the number and importance of items submitted for revision would be addressed more appropriately through a new plan submittal.
ATCP 93.100 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (2) (i) made under s.
35.17, Stats., and (3) (a) 4. (title) created under s.
13.92 (4) (b) 2., Stats.,
Register October 2019 No. 766; correction in (3) (b) 5. d. made under s.
13.92 (4) (b) 6., Stats.,
Register February 2022 No. 794.
ATCP 93.110(1)(a)
(a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department or other agent approved by the department will exercise jurisdiction over the provisions of this chapter as the local program operator.
ATCP 93.110(1)(b)
(b) The review of plans and specifications and the installation inspection for administering and enforcing this chapter shall be performed by a certified tank system inspector.
ATCP 93.110 Note
Note: LPOs are under contract with the department. The contract specifies LPO qualifications and responsibilities, such as plan review, inspection and consultation.
ATCP 93.110(1)(c)
(c) The department may revoke its approval of a local program operator where the plan examiners or inspectors do not meet the standards specified by the department or where other requirements of the department are not met.
ATCP 93.110(2)
(2)
Plan review by LPO. All of the following types of plans shall be submitted to the LPO for review and approval, except as provided in sub.
(3) (b):
ATCP 93.110(2)(a)
(a) Plans in which all tanks for the storage, handling or use of flammable or combustible liquids have an individual capacity of less than 5,000 gallons.
ATCP 93.110(2)(b)
(b) Plans that consist solely of converting a full- or self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device, regardless of tank size.
ATCP 93.110 Note
Note: Conversion to a point-of-sale dispensing system or device does not require a certified installer.
ATCP 93.110(3)
(3)
Departmental plan review. Plan review and approval shall be obtained from the department in all of the following situations, except as provided in sub.
(4):
ATCP 93.110(3)(a)
(a) Where one or more tanks for storage of a regulated substance have an individual capacity of 5,000 gallons or more.
ATCP 93.110(3)(b)
(b) Where the tank system is located in an area where there is no LPO.
ATCP 93.110(3)(c)
(c) Where there is installation of, or an upgrade or addition to, the corrosion protection system, regardless of tank size.
ATCP 93.110(3)(d)
(d) Where there is initial installation of leak detection to a tank system, regardless of tank size.
ATCP 93.110(3)(e)
(e) Where there is an upgrade or addition to the leak detection system, regardless of tank size, including any of the following:
ATCP 93.110 Note
Note: Examples of changes in methodology include switching from a mechanical line leak detector to an electronic one, static tank leak detection to continuous statistical leak detection (CSLD) or changing from statistical inventory reconciliation to an automatic tank gauge (ATG) or vice versa.
ATCP 93.110(3)(f)
(f) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.
ATCP 93.110(3)(g)
(g) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.
ATCP 93.110(4)
(4)
Plan review by 1st class city. All plans for facilities within a 1st class city shall be submitted to that city for review and approval.
ATCP 93.110 Note
Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.
ATCP 93.110(5)
(5)
Sequence of jurisdiction. Where an authorized agent has jurisdiction under this chapter, and a provision of this chapter refers to the authorized agent or the department, the authorized agent's jurisdiction shall be exercised in advance of the department's jurisdiction.
ATCP 93.110 Note
Note: Under s.
ATCP 93.020 (10), the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.
ATCP 93.110 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (4) made under s.
35.17, Stats.,
Register October 2019 No. 766.
ATCP 93.115(1)(a)
(a)
Enforcing agents. This chapter shall be enforced by the authorized agent and the department having jurisdiction and authority under this chapter.
ATCP 93.115(1)(b)
(b)
Access. The authorized agent or the department is authorized to enter any building, facility or premises and examine any tank system or component and associated records for the purpose of enforcing this chapter.
ATCP 93.115(1)(c)
(c)
Reexposure. If any tank system or component that is subject to inspection is covered or concealed without the prior knowledge and authorization of the authorized agent or the department, the agent or department has the authority to require such work be exposed for inspection.
ATCP 93.115(1)(d)
(d)
Tampering. Signs, red-tags or seals posted or affixed by the authorized agent or the department may not be removed, mutilated, or tampered with, unless authorized by the agent or the department.
ATCP 93.115 Note
Note: Authorized agents and the department with ch.
ATCP 93 enforcement responsibility have the authority to shut down a system or to prohibit specific actions relating to the operation of a system, dispensing product from the system, or adding product to a tank, by securing a red-tag to a component of the system marking the respective component inoperable until compliance has been achieved. Only an authorized agent or the department is authorized to grant the removal of the red-tag.
ATCP 93.115(2)(a)1.1. Tank system inspections for administering and enforcing this chapter shall be conducted by certified tank system inspectors.
ATCP 93.115(2)(a)2.
2. Fire safety inspections involving flammable, combustible or hazardous liquids shall be conducted by either the authorized agent or the department or by an authorized member of the local fire department.
ATCP 93.115(2)(a)3.
3. This chapter is not intended to limit or deny the ability of department of safety and professional services deputies to conduct the activities under s.
101.14 (1) (a) and
(b), Stats., for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to fire hazards or to the prevention of fire.
ATCP 93.115 Note
Note: See ch.
SPS 314 for requirements for fire prevention not otherwise covered in this chapter.
ATCP 93.115(2)(b)1.1. Inspections shall be conducted during the installation of new or replacement storage tanks or piping systems within the plan review scope of s.
ATCP 93.100.
ATCP 93.115(2)(b)2.
2. There shall be a minimum of 3 inspections performed on underground storage tank systems or on any system that has underground piping, at the following installation points:
ATCP 93.115(2)(b)2.a.
a. At a pre-construction meeting. For installations involving underground tanks or piping, the department's pre-construction installation form, TR-WM-131, shall be filled out by the certified installer, and a copy shall be provided to the certified tank system inspector at the end of the meeting. Where an LPO has jurisdiction, the LPO shall send a copy of the form to the department.
ATCP 93.115(2)(b)3.a.a. The certified installer shall notify the authorized agent or the department, on form TR-WM-121, at least 5 business days before starting an installation, to arrange for inspections.
ATCP 93.115(2)(b)3.b.
b. Any date or time changes to the original submitted notification form, TR-WM-121, shall be requested at least one business day prior to the original date or time. The new date or time must be later than the original date or time.
ATCP 93.115(2)(b)4.a.a. Before a shop-built tank system is placed into operation, including back into operation after undergoing a modification or upgrade that is required to have plan approval or registration, the authorized agent or the department shall inspect the installation, and shall record the results by completing and signing the installation checklist, form TR-WM-120, or TR-WM-138 UST, as received from the installer, under s.
ATCP 93.400 (5) (f) or
93.500 (6) (e).
ATCP 93.115(2)(b)4.b.
b. The original of the installation checklist, form TR-WM-120, or TR-WM-138, shall be completed and submitted to the department. A copy of the checklist shall be furnished to the owner, and a copy shall be retained by the authorized agent if there is one.
ATCP 93.115(2)(b)5.
5. The owner or operator of a facility shall notify the authorized agent or the department before placing a tank into service.
ATCP 93.115 Note
Note: Section
ATCP 93.145 specifies where a permit to operate must also be applied for before placing a tank into service.
ATCP 93.115(2)(c)
(c)
Operating facilities. Inspections at operating facilities, as determined by the authorized agent or the department, shall be conducted periodically by the authorized agent or the department to determine if the installation remains in conformance with the provisions of this chapter.
ATCP 93.115(2)(d)
(d)
Written order. When the tank system is inspected by a certified tank system inspector, any violations of this chapter shall be specifically listed, along with an allotted time to correct the violation.
ATCP 93.115(3)
(3)
System shutdown. Persons with enforcement authority under this chapter may shut down any part of a tank system, using the department-issued red-tag procedure, under any of the following conditions:
ATCP 93.115(3)(a)
(a)
Immediate shutdown. The following tank systems shall be subject to immediate shutdown:
ATCP 93.115(3)(a)1.
1. Tank systems or their components that pose an immediate danger to life, safety or health. Conditions that cause immediate danger to life, safety, or health include visual evidence of leakage of a regulated substance, immediate human exposure to a regulated substance in the environment, defective equipment resulting in release of a regulated substance, overfill prevention that is not functioning properly or inadequate tank venting.
ATCP 93.115(3)(a)2.
2. Tank systems that do not have leak detection, corrosion protection or spill and overfill protection installed as required under this chapter.
ATCP 93.115 Note
Note: Immediate shutdown is not authorized under subd. 2. where equipment is installed properly but is operating improperly, such as a sacrificial anode system that fails to meet the negative 850-millivolt threshold in s.
ATCP 93.520 (2).
ATCP 93.115(3)(a)3.
3. Tank wagons and movable tanks that are located, used or moved in a manner which presents an immediate environmental or safety hazard.
ATCP 93.115(3)(a)4.
4. Tank systems undergoing installation that are not in compliance with this chapter, until the certified installer, professional engineer or owner obtains a petition for variance or code interpretation from the department showing that the action in question provides an equivalent degree of fire and environmental protection as the requirement in this chapter.
ATCP 93.115(3)(a)5.
5. Tank systems that have experienced a lapse in financial responsibility required under subch.
VII, until financial responsibility is obtained and the tank system is issued a permit to operate.
ATCP 93.115(3)(a)6.
6. Tank systems used to store liquids that have been shown to be corrosive, reactive or otherwise incompatible with materials used in the construction of the tank system.
ATCP 93.115(3)(a)7.
7. Tank systems with any breach that has the potential for liquid or vapor release, discovered as a result of an actual leak or a leak detection test, until the breach is repaired or otherwise corrected.
ATCP 93.115(3)(a)8.
8. Tank systems that undergo a change of ownership in violation of s.
ATCP 93.150, until all the requirements of that section are met.
ATCP 93.115(3)(b)
(b)
Shutdown after investigation or inspection. The following tank systems shall be subject to shutdown after investigation or inspection:
ATCP 93.115(3)(b)1.
1. Tank systems or their components for which there is clear evidence of a release to the environment.
ATCP 93.115 Note
Note: Data sources that can yield evidence of these releases include inventory records, precision tightness testing results, and leak detection system results.
