Chapter ATCP 33

Register May 2022 No. 797

Chapter ATCP 33

FERTILIZER AND PESTICIDE BULK STORAGE

Subchapter I — Definitions and General Provisions

ATCP 33.01   Definitions.

ATCP 33.02   Variances.

Subchapter II — Construction Plans and Siting

ATCP 33.10   Construction plans.

ATCP 33.12   Storage facility siting.

ATCP 33.14   Water supply protection.

Subchapter III — Storage Containers and Related Structures

ATCP 33.20   Liquid fertilizer and pesticide storage containers.

ATCP 33.22   Dry fertilizer or pesticide storage structures.

Subchapter IV — Mixing and Loading Pads

ATCP 33.30   Mixing and loading pads required.

ATCP 33.32   Mixing and loading pad for liquid products.

ATCP 33.34   Mixing and loading pad for dry products.

Subchapter V — Sumps

ATCP 33.36   Sumps; general.

ATCP 33.38   Sump construction.

Subchapter VI — Secondary Containment Structures

ATCP 33.40   Secondary containment required.

ATCP 33.42   Secondary containment structures; standards.

ATCP 33.44   Secondary containment structures; forms of construction.

Subchapter VII — Discharges and Precipitation

ATCP 33.50   Available pump and storage container.

ATCP 33.52   Discharges and precipitation.

ATCP 33.54   Managing recovered discharges, rinsate and collected precipitation.

ATCP 33.56   Use and disposal of recovered material.

ATCP 33.58   Discharge response preparedness.

Subchapter VIII — Transportation and Handling Practices

ATCP 33.60   Transporting bulk fertilizer and bulk pesticide.

ATCP 33.62   Dust control in dry product loading.

Subchapter IX — Environmental Assessments

ATCP 33.70   Environmental assessments.

Subchapter X — Records and Reports

ATCP 33.80   Records.

ATCP 33.82   Real estate sale or lease; disclosure.

Ch. ATCP 33 Note Note: Chapter 33 as it existed on October 31, 2006, was repealed and a new chapter 33 was created effective November 1, 2006.

Ch. ATCP 33 Note Note: Chapter ATCP 29 contains general rules related to the manufacture, storage, labeling, distribution and use of pesticides. Persons who manufacture, label, distribute or commercially apply pesticides must be licensed by the department.

Ch. ATCP 33 Note Chapter ATCP 40 contains general rules related to the manufacture, labeling and distribution of fertilizer. Persons who manufacture, label or distribute fertilizer must be licensed by the department.

Ch. ATCP 33 Note The department of agriculture, trade and consumer protection may investigate violations of this chapter, and may take enforcement action as necessary. See, for example, ss. 93.06 (7) to (10), 93.08, 93.14 to 93.16, 94.645 (4) and (5), and 94.77, Stats. See also s. 94.64, Stats. (fertilizer) and ss. 94.67 to 94.71, Stats. (pesticides).

Ch. ATCP 33 Note Under ch. ATCP 35, the department may reimburse certain agricultural chemical contamination cleanup costs. Failure to comply with this chapter may affect an operator's eligibility for reimbursement under ch. ATCP 35.

Ch. ATCP 33 Note Under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136 et. seq.), pesticide sellers who repackage pesticides by delivering them from bulk storage to customers must do the following things, among others:

Ch. ATCP 33 Note • Register the seller's facility as a pesticide producing establishment.

Ch. ATCP 33 Note • File annual pesticide production reports.

Ch. ATCP 33 Note • Maintain books and records.

Ch. ATCP 33 Note • Provide labeling to purchasers of bulk pesticides.

Ch. ATCP 33 Note • Deliver pesticides from bulk storage only to customers.

Ch. ATCP 33 Note • Maintain a formal repackaging agreement with the pesticide product registrant.

subch. I of ch. ATCP 33 Subchapter I — Definitions and General Provisions

ATCP 33.01 ATCP 33.01  Definitions. In this chapter:

ATCP 33.01(1) (1) “API 650" means the American Petroleum Institute standard 650, Welded Steel Tanks for Oil Storage, 10 th edition.

ATCP 33.01 Note Note: Copies of API 650 are on file with the department and the legislative reference bureau. Copies may be purchased from the American Petroleum Institute at 1220 L Street NW, Washington DC 20005-4070, telephone [phone].

ATCP 33.01(2) (2) “API 653" means the American Petroleum Institute standard 653, Tank Inspection, Repair, Alteration, and Reconstruction, 3rd edition.

ATCP 33.01 Note Note: Copies of API 653 are on file with the department and the legislative reference bureau. Copies may be purchased from the American Petroleum Institute at 1220 L Street NW, Washington DC 20005-4070, telephone [phone].

ATCP 33.01(3) (3) “API 653-certified inspector" means an inspector certified by the American Petroleum Institute, according to API 653, to inspect facilities for compliance with API 653.

ATCP 33.01(4) (4) “Appurtenances" means all valves, pumps, fittings, pipes, hoses, gauges, metering devices, mixing containers, and dispensing devices that are connected to a storage container, or through which liquid bulk fertilizer or liquid bulk pesticide is transferred into or out of a storage container.

ATCP 33.01(5) (5) “Bedrock" means the solid rock underlying any loose surficial material such as soil, alluvium or glacial drift. Bedrock includes but is not limited to limestone, dolomite, sandstone, shale and igneous and metamorphic rock.

ATCP 33.01(6) (6) “Bladder tank" means a covered liquid-tight steel tank containing a flexible liquid-tight bladder that holds the contents of the tank.

ATCP 33.01 Note Note: A “bladder tank" is both a “secondary containment structure" as defined in sub. (29) and a “storage container" as defined in sub. (31).

ATCP 33.01(7) (7) “Bulk fertilizer" means fertilizer in a container larger than 55 gallons (208 liters), or dry fertilizer in undivided quantities greater than 100 pounds (45 kilograms).

ATCP 33.01(8) (8) “Bulk pesticide" means liquid pesticide in a container larger than 55 gallons (208 liters), or dry pesticide in undivided quantities greater than 100 pounds (45 kilograms).

ATCP 33.01(9) (9) “Department" means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 33.01(10) (10) “Discharge" means a spill, leak or other release of bulk fertilizer, bulk pesticide or rinsate. “Discharge" includes a spill, leak or other release that is contained within a mixing and loading pad, sump or secondary containment structure. “Discharge" does not include the legal use or disposal, according to this chapter, of material recovered from a mixing and loading pad, sump or secondary containment structure.

ATCP 33.01(11) (11) “Distribute" means to import, consign, sell, offer for sale, solicit orders for sale, or otherwise supply fertilizer or pesticide for sale or use in this state.

ATCP 33.01(12) (12) “Dry fertilizer" means fertilizer in solid form.

ATCP 33.01(13) (13) “Dry pesticide" means pesticide in solid form, pesticide-impregnated fertilizer, and includes pesticides formulated as dusts, wettable powders, dry flowable powders or granules.

ATCP 33.01(14) (14) “Fertilizer" has the meaning given in s. 94.64 (1) (e), Stats., except that it does not include manipulated manure or anhydrous ammonia.

ATCP 33.01 Note Note: Under s. 94.64 (1) (e), Stats., “fertilizer" means any substance, containing one or more plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal or vegetable manures, marl, liming material, sewage sludge other than finished sewage sludge products, and wood ashes. “Fertilizer" includes fertilizer materials, mixed fertilizers, custom mixed fertilizers, nonagricultural fertilizers and all other fertilizers or mixtures of fertilizers, regardless of type or form.

ATCP 33.01(15) (15) “Groundwater" means any waters of the state occurring in a saturated subsurface geological formation of rock or soil.

ATCP 33.01(16) (16) “Handling" means the transfer, loading, unloading, mixing or repackaging of bulk fertilizer or bulk pesticide, or the cleaning of containers or equipment to remove fertilizer or pesticide residues. “Handling" includes transferring water into a container that contains pesticide or fertilizer residues.

ATCP 33.01(17) (17) “Inorganic soil" means a soil composed of less than 30% organic matter, measured as less than 15% organic carbon by weight.

ATCP 33.01(18) (18) “Liquid fertilizer" means fertilizer in liquid form. “Liquid fertilizer" includes fertilizer solutions, fertilizer suspensions, fertilizer slurries and dilute fertilizers intended for distribution as fertilizer.

ATCP 33.01(19) (19) “Liquid pesticide" means pesticide in liquid form. “Liquid pesticide" includes pesticide solutions, pesticide emulsions, pesticide suspensions, pesticide slurries and dilute pesticides intended for distribution as pesticides.