ATCP 93.565(2)(b)5. 5. A complete underground tank system functionality verification shall be conducted per s. ATCP 93.510 (2). Form TR-WM-139 documenting the verification shall be submitted to the department.

ATCP 93.565(2)(b)6. 6. The tank system shall fully comply with this chapter before being placed back into service, except double-wall construction is not newly required for tank systems installed before February 1, 2009.

ATCP 93.565(2)(b)7. 7. The tank system shall pass a department storage tank system inspection conducted in accordance with this chapter.

ATCP 93.565 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1) (title) created under s. 13.92 (4) (b) 2., Stats., and correction in (2) (intro.), (b) 1., 7. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.570 ATCP 93.570 Conditions 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, an unexplained presence of water in the tank, or water or product in the interstitial space of a secondarily contained system.

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 s. ATCP 93.575.

ATCP 93.570(2) (2) Monitoring results. Results from a leak detection method, including an alarm, indicate that a release may have occurred.

ATCP 93.570(3) (3) Off-site impacts. Off-site 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 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.575 ATCP 93.575 Tank-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, recalibrated 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 reevaluated using an additional 7 days of data, and the reevaluation 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.

ATCP 93.575(2)(a)1. 1. 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)(a)2. 2. For UST systems with secondary containment, the owner or operator shall have the integrity of the interstitial space tested in accordance with one of the following, to determine whether a breach of the interstitial space has occurred:

ATCP 93.575(2)(a)2.a. a. Requirements developed by the manufacturer, if the manufacturer has developed testing requirements.

ATCP 93.575(2)(a)2.b. b. An approved standard developed by a nationally recognized association or independent testing laboratory.

ATCP 93.575(2)(a)2.c. c. Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subdivision.

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 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.580 ATCP 93.580 Tank-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. 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.