ATCP 33.20(9)(9) Filling storage containers. An operator may not fill a storage container to more than 95% of capacity unless the storage container is one of the following: ATCP 33.20(9)(b)(b) A mini–bulk container that is not filled beyond the maximum capacity shown on the container. ATCP 33.20(10)(a)(a) An operator shall label each fertilizer storage container, other than a mobile container, with the name or grade of fertilizer that it contains. Label contents shall be visible from outside the secondary containment structure in which the storage container is located. ATCP 33.20(10)(b)(b) An operator shall label each pesticide storage container in compliance with the federal insecticide, fungicide and rodenticide act as amended (7 USC 136 to 136y) and regulations issued under that act. Label contents shall be visible from outside the secondary containment structure in which the storage container is located. The label on each pesticide storage container shall include the federal pesticide producing establishment number of the establishment that produced the pesticide. The label on a pesticide bulk sale container shall show the net contents of the container. ATCP 33.20 NoteNote: A storage facility at which an operator repackages pesticide for sale or distribution from a storage container to mini–bulk or other containers is considered a “pesticide producing establishment” under the federal act. The operator of that storage facility must obtain a pesticide producing establishment number from the federal environmental protection agency, and must include that establishment number on every mini–bulk or other container filled at that storage facility. Mini-bulk containers must be properly labeled, regardless of whether they are mobile containers.
ATCP 33.20 NoteWhenever an operator sells pesticide from a storage container, the operator must supply the purchaser with the pesticide labeling required under ss. 94.676 and 94.70, Stats. ATCP 33.20(11)(11) Venting pesticide storage containers. Every pesticide storage container, other than a mobile container or a container used only to store wood preservative, shall have a conservation vent that opens and closes within the designed pressure limits of the container to relieve excess pressure, prevent evaporative losses, and keep precipitation out of the container. ATCP 33.20(12)(12) Underground storage prohibited. No person may store bulk liquid fertilizer, bulk liquid pesticide, or any material recovered under s. ATCP 33.52, below ground level, except in a storage container that is located in a secondary containment structure. ATCP 33.20(13)(13) Inspecting and maintaining storage containers. An operator shall, at least semi-annually, inspect and maintain each storage container and its appurtenances to minimize the risk of a discharge. Whenever an operator repairs a storage container, the operator shall make the repair according to good engineering practice and manufacturer specifications. An operator shall remove a storage container from service if it cannot be adequately maintained. ATCP 33.20(14)(a)(a) An operator shall do all of the following to an abandoned storage container: ATCP 33.20(14)(a)3.3. Remove the storage container if the storage container is an underground storage container. A sump that has a capacity of more than 50 gallons is considered an underground storage container for this purpose. The operator shall notify the department at least 3 business days before the operator removes an underground storage container, and shall permit the department to take soil samples upon request. ATCP 33.20(14)(b)(b) An operator shall comply with par. (a) within 2 years after a storage container is abandoned, except that: ATCP 33.20(14)(b)1.1. If the storage container was abandoned prior to November 1, 2006, the operator shall comply with par. (a) within 2 years of November 1, 2006. ATCP 33.20(14)(b)2.2. If the storage container is abandoned under par. (c) 4., the operator shall comply with par. (a) before the closing date for the sale of the storage container site unless the purchaser agrees to comply with par. (a) within 2 years after the abandonment date under par. (c) 4. ATCP 33.20(14)(c)(c) A storage container is abandoned, for purposes of this subsection, if any of the following apply: ATCP 33.20(14)(c)1.1. The operator removes the storage container from service, with the intent of doing so permanently. 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 HistoryHistory: 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 33.22ATCP 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(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)(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)(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 HistoryHistory: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06. ATCP 33.30ATCP 33.30 Mixing and loading pads required. 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 HistoryHistory: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06. ATCP 33.32ATCP 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. ATCP 33.32(2)(2) Appurtenance containment. A mixing and loading pad shall extend beneath any appurtenance or plumbing connection through which the operator transfers liquid fertilizer or pesticide, unless one of the following applies: ATCP 33.32(2)(a)(a) The appurtenance or connection is located within a secondary containment structure that complies with s. ATCP 33.42. ATCP 33.32(2)(b)(b) The appurtenance or connection is threaded, welded or permanently band-clamped. ATCP 33.32(3)(3) Design, construction and maintenance; general. A mixing and loading pad shall comply with all of the following requirements: ATCP 33.32(3)(f)(f) It shall be designed, constructed and maintained to withstand all foreseeable load conditions, including the filled weight of all vehicles, storage containers, appurtenances, pumps and equipment that may be used or located within it. ATCP 33.32(3)(g)(g) It shall be protected against precipitation runoff from surrounding surfaces. ATCP 33.32(3)(h)(h) It may not have any precipitation drain through which spilled fertilizer or pesticide could be discharged. Any precipitation drain that exists on November 1, 2006 shall be permanently sealed within 6 months after that date. ATCP 33.32(4)(4) Capacity. The capacity of a mixing and loading pad under this section, including the capacity of any sump to which the mixing and loading pad drains, shall be at least 1,000 gallons or 125 percent of the capacity of the largest storage container loaded or unloaded at the storage facility, whichever is less. This subsection does not apply to a mixing and loading pad that was in use prior to November 1, 2006 and complies with capacity requirements that were in effect at that time, unless the operator substantially alters the mixing and loading pad. ATCP 33.32(5)(5) Construction materials. A mixing and loading pad shall be constructed of portland cement concrete. A portland cement concrete mixing and loading pad constructed on or after November 1, 2006 shall meet the standards specified in chapters 5 and 6 of the Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005). ATCP 33.32 NoteNote: The Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005) were written by Professor David W. Kammel of the department of biological systems engineering, University of Wisconsin-Extension. Copies are on file with the department and the legislative reference bureau. Copies are available from the department, at no charge, at the following address:
ATCP 33.32 NoteDepartment of Agriculture, Trade and Consumer Protection
ATCP 33.32 NoteAgricultural Resource Management Division
ATCP 33.32 NoteP.O. Box 8911
ATCP 33.32 NoteMadison, WI 53708-8911
ATCP 33.32 NotePhone: (608) 224-4500
ATCP 33.32(6)(6) Construction inspection. If a concrete mixing and loading pad is constructed on or after November 1, 2006, the operator or a person chosen by the operator shall inspect the construction for conformity to the design specifications filed with the department under s. ATCP 33.10 (1). The person conducting the inspection shall inspect and approve the construction of the soil sub-base, the laying of structural steel, and the laying of waterstop materials and devices before concrete is poured. The operator shall provide a copy of the inspection report and approval to the department. ATCP 33.32 NoteNote: The department recommends that construction inspection be performed by a qualified person experienced in reading plans and inspecting construction.
ATCP 33.32(7)(a)(a) An operator shall inspect a mixing and loading pad at least semi-annually, and shall maintain the mixing and loading pad as necessary, to ensure compliance with this section. ATCP 33.32(7)(b)(b) Whenever an operator repairs a mixing and loading pad, the operator shall make the repair according to good engineering practice and manufacturer specifications, using materials approved by the department. ATCP 33.32(7)(c)(c) An operator shall remove a mixing and loading pad if the operator cannot maintain it in compliance with this section, or if corrective action is needed to remove contamination from beneath the pad. An operator shall remove a leaking mixing and loading pad unless the pad is repaired and remains liquid-tight for at least 2 years after the date of repair. ATCP 33.32(8)(8) Pumping liquid products from rail cars. Section ATCP 33.30 and subs. (1) through (7) do not apply to the pumping of liquid bulk fertilizer or liquid bulk pesticide from a rail car to a storage container, provided that all of the following apply: ATCP 33.32(8)(a)(a) The hose or pipeline from the rail car outlet valve to the pump is equipped with a shut-off valve, unless the pump can draw from no other hose or pipeline. ATCP 33.32(8)(b)(b) The hose or pipeline from the pump to the storage container is equipped with an automatic check valve to prevent back flow. The check valve shall be located as close to the pump effluent port as possible, consistent with good engineering practice. ATCP 33.32(8)(c)(c) All of the following are located over one or more spill containment basins that comply with par. (d): ATCP 33.32(8)(c)3.3. Every valve or plumbing connection that is located between the rail car outlet valve and the storage container, unless the valve or plumbing connection is threaded, welded, fused or permanently band-clamped. ATCP 33.32(8)(d)(d) Every containment basin under par. (c) is liquid-tight, and is constructed of durable rigid material that is chemically compatible with any liquid that may be discharged to it. The basin shall have a capacity of at least 75 gallons, or a capacity at least equal to the capacity of the appurtenances that may discharge to it, whichever is greater. A containment basin may be permanent or portable. The operator shall routinely inspect and maintain the basin to ensure compliance with this paragraph. ATCP 33.32(8)(e)(e) If the operator pumps the fertilizer or pesticide from the rail car to another mobile container, the other mobile container is parked on a mixing and loading pad that complies with this section. ATCP 33.32(9)(9) Loading liquid bulk pesticide into anhydrous ammonia nurse tank. Section ATCP 33.30 and subs. (1) through (7) do not apply to the loading of liquid bulk pesticide into an anhydrous ammonia nurse tank if all of the following apply: ATCP 33.32(9)(a)(a) The operator loads the bulk pesticide from a storage container that is located over a mixing and loading pad that complies with this section, or over a secondary containment structure that complies with s. ATCP 33.42.
