ATCP 33.58 History
History: CR 05-108: cr.
Register October 2006 No. 610, eff. 11-1-06.
ATCP 33.60
ATCP 33.60
Transporting bulk fertilizer and bulk pesticide. ATCP 33.60(1)(1)
General. An operator shall transport bulk fertilizer and bulk pesticide in a manner that prevents reasonably foreseeable and preventable hazards to persons, property and the environment.
ATCP 33.60(2)
(2)
Transport vehicles. Containers and appurtenances used to transport bulk fertilizer or bulk pesticide shall be securely anchored to transport vehicles so that stresses from normal vehicle operation will not cause a discharge and will not cause the containers and appurtenances to move independently of the vehicle. Equipment, tools and other items carried on transport vehicles shall be secured against damaging contact with containers or appurtenances.
ATCP 33.60(3)
(3)
Protection against damage or access. Containers and appurtenances used to transport bulk fertilizer or bulk pesticide shall be protected from damage or destruction, and shall be secured against access by the general public and animals.
ATCP 33.60(4)
(4)
Defective containers. An operator may not transport bulk fertilizer or bulk pesticide in a visibly broken, defective or improperly sealed container unless that container is enclosed in another container that effectively prevents the discharge of fertilizer or pesticide.
ATCP 33.60 History
History: CR 05-108: cr.
Register October 2006 No. 610, eff. 11-1-06.
ATCP 33.62
ATCP 33.62
Dust control in dry product loading. An operator shall use a loading chute or other dust control device to unload dry bulk fertilizer or dry bulk pesticide from storage containers to transport vehicles or application equipment, so that the air gap between the load-out equipment and the top rim of the transport vehicle or application equipment being filled does not exceed 2 feet.
ATCP 33.62 History
History: CR 05-108: cr.
Register October 2006 No. 610, eff. 11-1-06.
ATCP 33.70(1)(1)
Assessment required. An operator shall conduct an assessment under sub.
(2) whenever any of the following structures used for liquid bulk fertilizer or liquid bulk pesticide leaks, is removed, or remains out of use for more than 5 years:
ATCP 33.70(2)(a)2.
2. The extent and severity of any environmental contamination caused by the discharges under subd.
1. ATCP 33.70(2)(b)
(b) The assessment under sub.
(1) shall include sampling and analysis of soils, groundwater and other media, as necessary.
ATCP 33.70(3)
(3)
Record and report. An operator shall file with the department a written report of each assessment under this section. The record and report shall indicate the nature, scope and findings of the assessment.
ATCP 33.70 History
History: CR 05-108: cr.
Register October 2006 No. 610, eff. 11-1-06.
ATCP 33.80(1)(1)
Records required. An operator shall make and keep all of the following records:
ATCP 33.80(2)
(2)
Record retention. An operator shall retain the records under sub.
(1) (a) for as long as the operator owns, operates or controls the storage facility. An operator shall retain the records under sub.
(1) (b) to
(d) for at least 3 years.
ATCP 33.80(3)
(3)
Record location; inspection and copying. An operator shall retain the records under sub.
(1) at the storage facility, or at the nearest local office from which the operator administers that storage facility. The operator shall make the records available to the department for inspection and copying upon request.
ATCP 33.80 History
History: CR 05-108: cr.
Register October 2006 No. 610, eff. 11-1-06.
ATCP 33.82
ATCP 33.82
Real estate sale or lease; disclosure. An operator shall do all of the following before the operator sells or leases, for another use, real estate that has been used for a storage facility:
ATCP 33.82(2)
(2) Disclose to the purchaser or lessee that the real estate has been used as a storage facility.
ATCP 33.82 Note
Note: Section
ATCP 33.82 does not relieve the operator of other disclosure requirements that may apply under other law.
ATCP 33.82 History
History: CR 05-108: cr.
Register October 2006 No. 610, eff. 11-1-06.
