ATCP 93.1605(3)(c) (c) Failure to correct deficiencies by the date and time specified for inspection.

ATCP 93.1605 Note Note: Section ATCP 93.240 (16) covers aboveground tank system installation certification requirements. Section ATCP 93.240 (17) covers underground tank system installation certification requirements. Section ATCP 93.240 (18) covers tank system lining certification requirements. Section ATCP 93.240 (19) covers tank system removing and cleaning certification requirements.

ATCP 93.1605(4) (4) Special inspection fee. The owner or operator shall pay the miscellaneous inspection fee specified in sub. (5) to the authorized agent or the department for any of the following reasons:

ATCP 93.1605(4)(a) (a) Replacement of identical equipment where the department or local program operator has waived the plan submittal requirement.

ATCP 93.1605(4)(b) (b) Pre-operational inspection required by the department as a result of compliance orders where plan submittal is not required.

ATCP 93.1605(5) (5) Special inspection fee; amount. Any miscellaneous inspection fees assessed under this subsection or s. ATCP 93.115 (3) (c) 2. shall be assessed at the following rates:

ATCP 93.1605(5)(a) (a) $160 per inspection for a facility with only aboveground storage tanks.

ATCP 93.1605(5)(b) (b) $240 per inspection for a facility with at least one underground storage tank.

ATCP 93.1605(5)(c) (c) If applicable, any additional actual costs for special circumstances may be assessed.

Table 93.1605

Plan Examination and Inspection Fees for Liquid Storage Tanks

- See PDF for table

ATCP 93.1605 Note Note: For all tanks which have a capacity of less than 5,000 gallons and which are reviewed by a local program operator, no state fees are required. The local program operator shall charge a fee which must be at least equal to the fee in this table, but which does not include the groundwater fee in sub. (2).

* If the department is conducting plan review in the absence of an assigned local program operator, the appropriate Table 93.1605 fees must be submitted, along with the groundwater fee in sub. (2). Further information on where local program operators perform reviews is available at the following Web site: https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

** A point-of-sale system is any dispensing system that will authorize fuel dispensing by means of key, card or code activation. These conversions are reviewed by local program operators.

*** These reviews are performed only by the department.

ATCP 93.1605 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (intro.), (5) (intro.),made under s. 35.17, Stats., and correction in (5) (b) made under s. 13.92 (4) (b) 12., Stats., Register October 2019 No. 766.

ATCP 93.165 ATCP 93.165 Alternate forms. Although various sections of this chapter include a requirement to record certain information on a particularly specified department form, that requirement may be met by recording the same information in the same format on an alternate form if that form is approved by the department.

ATCP 93.165 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.170 ATCP 93.170 Petition for variance. The department shall consider and may grant a variance to a provision of this chapter. The petition for variance shall establish an equivalency which meets the intent of this chapter.

ATCP 93.170(1) (1) Applications for petition for variance. A petition for variance must include all of the following:

ATCP 93.170(1)(a) (a) A completed and notarized petition for variance form, TR-WM-129.

ATCP 93.170(1)(b) (b) A petition for variance fee of $300.00.

ATCP 93.170(1)(c) (c) If the petition is requesting a variance from building or property setback requirements, a position statement completed by the fire department having jurisdiction.

ATCP 93.170(2) (2) Department Action.

ATCP 93.170(2)(a) (a) Upon receipt of the petition for variance, including all required information, the department shall evaluate the petition for variance and determine if it provides for an equivalency which meets the intent of this chapter.

ATCP 93.170(2)(b) (b) If additional information is needed, the department shall notify the owner in writing of the specific information required.

ATCP 93.170(2)(c) (c) If the department determines that the petition for variance provides an equivalency, the department shall approve the variance.

ATCP 93.170(2)(e) (e) If the department determines that the petition for variance does not provide an equivalency, the department may: