SB877,12
14Section
12. 168.22 (4) (intro.) of the statutes is amended to read:
SB877,4,1815
168.22
(4) (intro.) Any rules promulgated under s. 168.23 requiring an owner
16to test the ability of a storage tank
, connected piping or ancillary equipment system 17to prevent an inadvertent release of a stored
substance liquid do not apply to storage
18tanks tank systems that satisfy all of the following:
SB877,13
19Section
13. 168.23 (1) of the statutes is amended to read:
SB877,5,520
168.23
(1) The department shall promulgate by rule construction,
21maintenance and abandonment standards applicable to
tanks tank systems for the
22storage, handling
, or use of
liquids that are flammable
or liquids, combustible
23liquids, or
liquids that are federally regulated hazardous substances, and to the
24property and facilities where the
tanks tank systems are located, for the purpose of
25protecting the waters of the state from harm due to contamination by
liquids that are
1flammable
or liquids, combustible
liquids, or
liquids that are federally regulated
2hazardous substances. The rule shall comply with ch. 160. The rule may include
3different standards for new and existing
tanks
tank systems, but all standards shall
4provide substantially similar protection for the waters of the state. The rule shall
5include maintenance requirements related to the detection and prevention of leaks.
SB877,5,9
6(1r) The rule
promulgated under sub. (1) may require any person supplying
7heating oil to any noncommercial storage tank for consumptive use on the premises
8to submit to the department, within 30 days after the department requests, the
9location, contents
, and size of any such tank.
SB877,14
10Section
14. 168.23 (1g) of the statutes is created to read:
SB877,5,1611
168.23
(1g) The department may promulgate rules to provide fire and life
12safety by ensuring the safe storage, display, installation, operation, use,
13maintenance, and transportation of flammable liquids, combustible liquids, or
14liquids that are federally regulated hazardous substances and the equipment,
15facilities, buildings, and premises that are used to store, transfer, and dispense those
16liquids.
SB877,15
17Section
15. 168.23 (2) of the statutes is amended to read:
SB877,5,2418
168.23
(2) The department may transfer any information which the
19department receives under sub.
(1) (1r) to any other agency or governmental unit.
20The department and any such agency shall treat the name of the owner and the
21location of any noncommercial storage tank which stores heating oil for consumptive
22use on the premises, required to be submitted to the department under sub.
(1) (1r),
23as confidential and shall not permit inspection or copying under s. 19.35 of any record
24containing the information.
SB877,16
25Section
16. 168.23 (3) of the statutes is amended to read:
SB877,6,8
1168.23
(3) The rule promulgated under sub. (1) may require the certification
2or registration of persons who install, remove, clean, line, perform tightness testing
3on and inspect
tanks tank systems; persons who design, install, test, and maintain
4cathodic protection systems for tank systems; and persons who perform site
5assessments. Any rule requiring certification or registration shall also authorize the
6revocation or suspension of the certification or registration. The department may not
7require an individual who is eligible for the veterans fee waiver program under s.
845.44 to pay any fee that may be charged pursuant to such a rule.
SB877,17
9Section
17. 168.23 (4) of the statutes is amended to read:
SB877,6,1410
168.23
(4) The department shall promulgate a rule specifying fees for plan
11review and inspection of
tanks tank systems for the storage, handling, or use of
12flammable
or liquids, combustible liquids
, or liquids that are federally regulated
13hazardous substances and for any certification or registration required under sub.
14(3).
SB877,18
15Section 18
. 168.23 (5) (a) of the statutes is amended to read:
SB877,6,2316
168.23
(5) (a) Subject to par. (b), in addition to any fee charged by the
17department by rule for plan review and approval for the construction of a new or
18additional installation or change in operation of a previously approved installation
19for the storage, handling or use of a
liquid that is flammable
or liquid, combustible
20liquid, or
liquid that is a federally regulated hazardous substance, as defined in s.
21168.21 (3), the department shall collect a groundwater fee of $100 for each plan
22review submittal. The moneys collected under this subsection shall be credited to the
23environmental fund for environmental management.
SB877,19
24Section 19
. 168.23 (5) (b) of the statutes is amended to read:
SB877,7,5
1168.23
(5) (b) Notwithstanding par. (a), an installation for the storage,
2handling or use of a
liquid that is flammable
or liquid, combustible
liquid, or
liquid
3that is a federally regulated hazardous substance, as defined in s. 168.21 (3), that has
4a capacity of less than 1,000 gallons is not subject to the groundwater fee under par.
5(a).
SB877,20
6Section
20. 168.255 of the statutes is created to read:
SB877,7,9
7168.255 Attorney general and district attorney to prosecute. Upon
8request of the department, the attorney general or proper district attorney shall
9prosecute any action to enforce this subchapter.
SB877,21
10Section
21. 168.28 (title) of the statutes is amended to read:
SB877,7,12
11168.28 (title)
Inventory of petroleum product storage tanks for certain
12regulated products.
SB877,22
13Section
22. 168.28 (1) (a) of the statutes is renumbered 168.28 (1) (a) (intro.)
14and amended to read:
SB877,7,1615
168.28
(1) (a) (intro.)
Notwithstanding s. 168.01 (3), “petroleum “Regulated 16product" means
materials a liquid that is any of the following:
SB877,7,19
171. A substance derived from petroleum, natural gas, or asphalt deposits
and
18includes, including gasoline, diesel and heating fuels,
liquefied petroleum gases, 19lubricants, waxes, greases, and petrochemicals.
SB877,23
20Section 23
. 168.28 (1) (a) 2. of the statutes is created to read:
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168.28
(1) (a) 2. A federally regulated hazardous substance.
SB877,24
22Section
24. 168.28 (1) (a) 3. of the statutes is created to read:
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168.28
(1) (a) 3. Any other substance regulated under
40 CFR part 280.
SB877,25
24Section
25. 168.28 (1) (b) of the statutes is amended to read:
SB877,8,4
1168.28
(1) (b) “Storage tank" means an enclosed container
with a capacity in
2excess of 60 gallons which is used to hold a
petroleum regulated product, regardless
3of the duration of storage and which is intended for use as a fixed, rather than as a
4portable, installation.
SB877,26
5Section
26. 168.28 (2) of the statutes is amended to read:
SB877,8,136
168.28
(2) Inventory of storage tanks. The department shall undertake a
7program to inventory and determine the location of
every aboveground storage
tanks 8tank with a capacity of 110 gallons or more and
every underground storage
tanks 9tank with a capacity of 60 gallons or more. The department may require its deputies
10and any person engaged in the business of distributing
petroleum regulated products
11to provide information on the location of aboveground storage tanks and
12underground storage tanks. The department shall develop uniform procedures for
13reporting the location of aboveground storage tanks and underground storage tanks.