SPS 305.84(7)(7) Exclusion. This section does not apply to field-constructed aboveground tanks. SPS 305.84 HistoryHistory: 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 305.85SPS 305.85 Underground tank system installers. SPS 305.85(1)(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: SPS 305.85(1)(a)(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. SPS 305.85(1)(b)(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. SPS 305.85(1)(c)(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. SPS 305.85(2)(2) Application for examination. A person applying to take an underground tank system installer certification examination shall submit all of the following: SPS 305.85(3)(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. SPS 305.85(4)(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). SPS 305.85(5)(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: SPS 305.85(5)(c)(c) Placing of bedding material and the setting and bedding of tanks. SPS 305.85(5)(d)(d) Backfilling operations and compacting of backfill around tanks and piping. SPS 305.85(5)(e)(e) Installation or activation of department of agriculture, trade and consumer protection-accepted, factory-supplied cathodic protection systems. SPS 305.85 NoteNote: 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.
SPS 305.85(5)(f)(f) Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes. SPS 305.85(5)(g)(g) Installation of leak detection devices and any monitoring wells. SPS 305.85(5)(h)(h) Testing of tanks and piping both prior to and after backfilling. SPS 305.85(6)(a)1.1. A person may renew his or her certification as an underground tank system installer. SPS 305.85(6)(b)1.1. 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. SPS 305.85(6)(b)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. SPS 305.85 HistoryHistory: 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 305.86SPS 305.86 Underground tank system liners. SPS 305.86(1)(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: SPS 305.86(1)(a)(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. SPS 305.86(1)(b)(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. SPS 305.86(2)(2) Application for examination. A person applying to take a tank system liner certification examination shall submit all of the following: SPS 305.86(3)(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. SPS 305.86(4)(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). SPS 305.86(5)(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: SPS 305.86(5)(a)(a) Removal of product from the tanks and making the atmosphere of the tanks inert or vapor-free. SPS 305.86 NoteNote: Chapter ATCP 93 requires plan submittal and approval prior to lining a tank. SPS 305.86(5)(f)(f) Notifying the owner if an internal tank assessment determines that a tank system assessment under ch. ATCP 93 is required. SPS 305.86(5)(h)(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. SPS 305.86(5)(m)(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. SPS 305.86(6)(a)(a) A person may renew his or her certification as a tank system liner. SPS 305.86 HistoryHistory: 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 305.87SPS 305.87 Tank system removers and cleaners. SPS 305.87(1)(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: SPS 305.87(1)(a)(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. SPS 305.87(1)(b)(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 remover-cleaner. SPS 305.87(2)(2) Application for examination. A person applying to take a tank system remover-cleaner certification examination shall submit all of the following: SPS 305.87(3)(3) Examination. A person seeking to obtain a tank system remover-cleaner certification shall take and pass an examination in accordance with s. SPS 305.09. SPS 305.87(4)(4) Application for certification. Upon notification of successfully passing the examination for a tank system remover-cleaner 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). SPS 305.87(5)(5) Responsibilities. A person who removes or cleans or supervises the removing or cleaning of tanks as a certified tank system remover-cleaner shall be present at the job site for at least all of the following activities: SPS 305.87(5)(e)(e) Removal of tank systems from the ground and loading them for transport or filling the tank systems with an inert material. SPS 305.87(5)(f)(f) Visual inspection of the soils around the excavation or tank system location. SPS 305.87(6)(a)(a) A person may renew his or her certification as a tank system remover-cleaner. SPS 305.87(7)(7) Exclusions. This section does not apply to any of the following: SPS 305.87(7)(b)(b) Heating fuel tanks located aboveground or in basements of 1- or 2-family dwellings. SPS 305.87 HistoryHistory: Cr. Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (b), (6) (a) 2., Register, March, 1998, No. 507, eff. 4-1-98; am. (1) (a), (b) and (4), Register, April, 2000, No. 532, eff. 5-1-00; CR 06-127: r. and recr. (1) (intro.), renum. (1) (a) and (b) to be (1) (b) and (c) and am. (b), cr. (1) (d), (2) (c), (6) (c) and (7), 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: renum. (1) (a) to (c) to be (1) (intro.), (a), (b) and am., r. (1) (d), Register December 2011 No. 672, eff. 1-1-12; correction in (1) (intro.), (2) (a), (b), (c), (3), (4), (6) (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (intro.), (a), (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694. SPS 305.88SPS 305.88 Tank system tightness testers.
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