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(1) General. Except as provided in sub. (7), no person may install an aboveground tank system that is regulated under ch. ATCP 93 unless the person complies with one of the following:
(a) The person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified aboveground tank system installer.
(b) The person holds a registration as a professional engineer and is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible or hazardous liquids.
(c) The person is under the direct supervision of another person who holds a certification or registration under par. (a) or (b) and who is responsible for the installation.
(2) Application for examination. A person applying to take an aboveground tank system installer certification examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) Examination. A person seeking to obtain an aboveground tank system installer certification shall take and pass an examination in accordance with s. SPS 305.09.
(4) Application for certification. Upon notification of successfully passing the examination for an aboveground tank system installer certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
(5) Responsibilities. A person who installs or supervises the installation of tank systems as a certified aboveground tank system installer shall be present at the job site for at least all of the following activities:
(a) Preinstallation tank system testing.
(b) Inspection and repair of coatings.
(c) Placement of tanks.
(d) Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes.
(e) Installation of monitoring or leak detection devices.
(f) Installation of pumps.
(g) Installation of any underground piping.
(6) Renewal.
(a)
1. A person may renew his or her certification as an aboveground tank system installer.
2. An aboveground tank system installer certification shall be renewed in accordance with s. SPS 305.07.
(b)
1. The renewal of a certification as an aboveground tank system installer shall be contingent upon the installer obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.
2. A person who holds a certification as an aboveground tank system installer may apply to the department of agriculture, trade and consumer protection for waiver of the continuing education requirements under subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department of agriculture, trade and consumer protection.
(7) Exclusion. This section does not apply to field-constructed aboveground tanks.
Note: Authority over ss. SPS 305.82 to 305.89 was transferred to Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f).
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a), (b) and (4), Register, April, 2000, No. 532, eff. 5-1-00; CR 06-127: am. (1) (intro.) and (5) (e) and (f), cr. (5) (g) and (7), Register September 2007 No. 621, eff. 10-1-07; CR 11-020: r. and recr. (1), am. (6) (b) 1., Register December 2011 No. 672, eff. 1-1-12; correction of numbering (5) (a), as renumbered, under s. 13.92 (4) (b) 1., correction in (1) (intro.), (2) (a), (b), (3), (4), (5), (6) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (intro.), (a), (6) (b) 2. made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694; CR 14-010: am. (6) (b) 1. Register August 2014 No. 704, eff. 9-1-14; CR 14-010: am. (6) (b) 1. Register August 2014 No. 704, eff. 9-1-14.
SPS 305.85 Underground tank system installers.
(1) General. No person may install an underground tank system that is regulated under ch. ATCP 93 unless the person complies with one of the following:
(a) The person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified underground tank system installer.
(b) The person holds a registration as a professional engineer and is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible or hazardous liquids.
(c) The person is under the direct supervision of another person who holds a certification or registration under par. (a) or (b) and who is responsible for the installation.
(2) Application for examination. A person applying to take an underground tank system installer certification examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) Examination. A person seeking to obtain an underground tank system installer certification shall take and pass an examination in accordance with s. SPS 305.09.
(4) Application for certification. Upon notification of successfully passing the examination for an underground tank system installer certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
(5) Responsibilities. A person who installs or supervises the installation of tanks as a certified underground tank system installer shall be present at the job site for at least all of the following activities:
(a) Preinstallation tank system testing.
(b) Inspection and repair of coatings.
(c) Placing of bedding material and the setting and bedding of tanks.
(d) Backfilling operations and compacting of backfill around tanks and piping.
(e) Installation or activation of department of agriculture, trade and consumer protection-accepted, factory-supplied cathodic protection systems.
Note: The Department of Agriculture, Trade and Consumer Protection has accepted factory-supplied cathodic protection systems that comply with the sti-P3® specifications from the Steel Tank Institute, and may accept other systems of this type without a rule change.
(f) Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes.
(g) Installation of leak detection devices and any monitoring wells.
(h) Testing of tanks and piping both prior to and after backfilling.
(i) Installation of pumps.
(6) Renewal.
(a)
1. A person may renew his or her certification as an underground tank system installer.
2. An underground tank system installer certification shall be renewed in accordance with s. SPS 305.07.
(b)
1. The renewal of a certification as an underground tank system installer shall be contingent upon the installer obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the certification as specified in s. SPS 305.08 and Table 305.06, except as provided in subd. 2.
2. A person who holds a certification as an underground tank system installer may apply to the department of agriculture, trade and consumer protection for waiver of the continuing education requirements under subd. 1. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department of agriculture, trade and consumer protection.
Note: Authority over ss. SPS 305.82 to 305.89 was transferred to Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f).
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a), (b) and (4), Register, April, 2000, No. 532, eff. 5-1-00; CR 06-127: am. (1) (intro.), (5) (e) and (i), Register September 2007 No. 621, eff. 10-1-07; CR 11-020: r. and recr. (1), am. (6) (b) 1., Register December 2011 No. 672, eff. 1-1-12; correction in (1) (intro.), (2) (a), (b), (3), (4), (6) (a) 2., (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (intro.), (a), (5) (e), (6) (b) 2. made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694; CR 14-010: am. (6) (b) 1. Register August 2014 No. 704, eff. 9-1-14.
SPS 305.86 Underground tank system liners.
(1) General. No person may line or reline an underground tank system that has held or will hold flammable or combustible liquids which are regulated under ch. ATCP 93 unless the person complies with one of the following:
(a) The person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified tank system liner.
(b) The person is under the direct supervision of another person who holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified tank system liner.
(2) Application for examination. A person applying to take a tank system liner certification examination shall submit all of the following:
(a) An application in accordance with s. SPS 305.01.
(b) An application fee and examination fee in accordance with s. SPS 305.02, Table 305.02.
(3) Examination. A person seeking to obtain a tank system liner certification shall take and pass an examination in accordance with s. SPS 305.09.
(4) Application for certification. Upon notification of successfully passing the examination for a tank system liner certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c).
(5) Responsibilities. A person who lines or supervises the lining of underground tanks as a certified tank system liner shall be present at the job site for at least all of the following activities:
(a) Removal of product from the tanks and making the atmosphere of the tanks inert or vapor-free.
Note: Chapter ATCP 93 requires plan submittal and approval prior to lining a tank.
(b) Cutting of openings in tanks.
(c) Removal and handling of sludge and other wastes from tanks.
(d) Sand blasting of the tank interior.
(e) Inspection for holes and wall thickness.
(f) Notifying the owner if an internal tank assessment determines that a tank system assessment under ch. ATCP 93 is required.
(g) Repair of holes.
(h) Notifying and arranging for a certified tank system inspector to visit the site and authorize the lining, prior to applying the lining to the tank.
(i) Coating of tanks.
(j) Testing for holidays.
(k) Testing for coating hardness.
(L) Resealing of tanks.
(m) Completing an API 1631 inspection form B, as required by ch. ATCP 93, and submitting it to the owner, inspector and department of agriculture, trade and consumer protection.
(6) Renewal.
(a) A person may renew his or her certification as a tank system liner.
(b) A tank system liner certification shall be renewed in accordance with s. SPS 305.07.
Note: Authority over ss. SPS 305.82 to 305.89 was transferred to Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20, s. 9138 (3) (fm) and (4) (f).
History: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a), (b) and (4), Register, April, 2000, No. 532, eff. 5-1-00; CR 06-127: am. (1) (intro.), and (5) (intro.), renum. (5) (f) and (g) to (j) to be (5) (g) and (i) to (L), cr. (5) (f), (h) and (m), renum. (6) (a) 1. and 2. to be (6) (a) and (b), r. (6) (b), Register September 2007 No. 621, eff. 10-1-07; CR 11-020: r. and recr. (1), Register December 2011 No. 672, eff. 1-1-12; correction in (1) (intro.), (2) (a), (b), (3), (4), (5) (f), (m), (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (intro.), (a), (b), (5) (f), (m) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694.
SPS 305.87 Tank system removers and cleaners.
(1) General. Except as provided in sub. (7), no person may remove or clean a tank system that is regulated under ch. ATCP 93 unless the person complies with one of the following:
(a) The person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified tank system remover-cleaner.
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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.