ATCP 33.20(14)(c)2. 2. The storage container is out of service for more than 6 months because of a weakness or leak.

ATCP 33.20(14)(c)3. 3. The storage container is out of service for more than 2 years for any reason.

ATCP 33.20(14)(c)4. 4. The operator contracts to sell the storage container site to a person who is not an operator.

ATCP 33.20 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 14-047: am. (7) (c) Register May 2015 No. 713, eff. 6-1-15.

ATCP 33.22 ATCP 33.22 Dry fertilizer or pesticide storage structures.

ATCP 33.22(1) (1) General. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be designed, constructed, inspected and maintained to withstand the pressure of stored product, to prevent discharges, and to prevent precipitation from contacting stored product.

ATCP 33.22(2) (2) Indoor storage required. An operator shall store dry bulk fertilizer and dry bulk pesticide on a portland cement concrete surface in a fully enclosed building, except that the operator may store the following products outdoors:

ATCP 33.22(2)(a) (a) Products that are fully enclosed in durable sealed weatherproof packages or containers.

ATCP 33.22(2)(b) (b) Potassium chloride, or another fertilizer product specifically authorized in writing by the department, if all of the following apply:

ATCP 33.22(2)(b)1. 1. The product is stored on an asphalt concrete or portland cement concrete surface that will contain any precipitation runoff that may come in contact with the stored product.

ATCP 33.22(2)(b)2. 2. The product is fully covered by a waterproof cover that prevents exposure to precipitation.

ATCP 33.22(3) (3) Removing product from storage structure. An operator shall remove all bulk fertilizer and bulk pesticide from a dry bulk fertilizer or dry bulk pesticide storage structure if any of the following apply:

ATCP 33.22(3)(a) (a) The structure is no longer used to store dry bulk fertilizer or dry bulk pesticide.

ATCP 33.22(3)(b) (b) The operator transfers ownership of the structure to a person who is not an operator.

ATCP 33.22(3)(c) (c) The department orders the removal or demolition of the storage structure, as part of a discharge cleanup under ch. ATCP 35.

ATCP 33.22(3)(d) (d) The operator fails to maintain the structure according to sub. (1).

ATCP 33.22(4) (4) Security. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be secured against access by unauthorized persons when the operator is not present at the storage facility.

ATCP 33.22(5) (5) Labeling storage bins and containers.

ATCP 33.22(5)(a) (a) An operator shall label every storage bin and container used to store dry bulk fertilizer or dry bulk pesticide.

ATCP 33.22(5)(b) (b) A fertilizer label under par. (a) shall include the name or grade of the fertilizer, as required by s. 94.64 (2) (d), Stats.

ATCP 33.22(5)(c) (c) A pesticide label under par. (a) shall comply with the federal insecticide, fungicide and rodenticide act as amended (7 USC 136 to 136y) and regulations issued under that act. The label shall include the identification number of the pesticide producing establishment from which the pesticide originated.

ATCP 33.22 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

subch. IV of ch. ATCP 33 Subchapter IV — Mixing and Loading Pads

ATCP 33.30 ATCP 33.30 Mixing and loading pads required.

ATCP 33.30(1) (1) Except as provided in s. ATCP 33.32 (8) or (9) or s. ATCP 33.34 (6), all handling of bulk fertilizer or bulk pesticide at a storage facility shall be conducted over a mixing and loading pad.

ATCP 33.30(2) (2) A mixing and loading pad shall be constructed and maintained to catch, contain and allow recovery of reasonably foreseeable discharges that may result from the handling of the bulk fertilizer or pesticide.

ATCP 33.30 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.32 ATCP 33.32 Mixing and loading pad for liquid products. Except as provided in sub. (8) or (9), a mixing and loading pad used for liquid fertilizer or pesticide shall comply with all of the following:

ATCP 33.32(1) (1) Pump containment. A mixing and loading pad shall extend beneath any pump that the operator uses to transfer liquid fertilizer or pesticide, unless the pump is located within a secondary containment structure that complies with s. ATCP 33.42.