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ATCP 93.450   Change in service to store a non-regulated or a regulated substance.
ATCP 93.460   Closure of aboveground tanks.
ATCP 93.465   Tank-system site assessment.
ATCP 93.470   Responding to a leak, spill, overfill, or release.
Subchapter V — General UST Storage and Underground Piping
ATCP 93.500   General requirements.
ATCP 93.503   Product inventory verification at retail facilities.
ATCP 93.505   Spill and overfill prevention.
ATCP 93.510   Leak detection requirements.
ATCP 93.515   Leak detection methods.
ATCP 93.517   Airport hydrant system requirements.
ATCP 93.520   Corrosion protection.
ATCP 93.530   Tank lining of underground storage tanks.
ATCP 93.535   Periodic inspection and repair of lined tanks.
ATCP 93.545   Seldom-used and temporarily out of service tank systems.
ATCP 93.550   Change in service to store a non-regulated or a regulated substance.
ATCP 93.560   Tank system closure.
ATCP 93.565   Abandoned tank system closure.
ATCP 93.570   Conditions indicating a release.
ATCP 93.575   Tank-system integrity assessment.
ATCP 93.580   Tank-system site assessment.
ATCP 93.585   Responding to a leak, spill, overfill or release.
Subchapter VI — Dispensing of Motor Fuels
ATCP 93.600   Applicability.
ATCP 93.605   General fuel dispensing requirements.
ATCP 93.610   Fuel dispensing systems using aboveground mobile tanks.
ATCP 93.615   Fuel dispensing systems using aboveground fixed tanks.
ATCP 93.620   Public access motor vehicle fueling operations.
ATCP 93.630   Fuel storage and dispensing at farms and construction projects.
ATCP 93.640   Watercraft, snowmobile and ATV fueling.
ATCP 93.650   Aircraft fuel dispensing.
ATCP 93.660   Racetrack and amusement vehicle fueling operations.
ATCP 93.680   Alternative motor fuels.
Subchapter VII — Financial Responsibility
ATCP 93.700   Applicability.
ATCP 93.703   Definitions.
ATCP 93.705   Amount and scope of required financial responsibility.
ATCP 93.707   Allowable mechanisms and combinations of mechanisms.
ATCP 93.710   Financial test of self-insurance.
ATCP 93.713   Guarantee.
ATCP 93.715   Insurance and risk retention group coverage.
ATCP 93.717   Surety bond.
ATCP 93.720   Letter of credit.
ATCP 93.723   Trust fund.
ATCP 93.725   Standby trust fund.
ATCP 93.727   Local government bond rating test.
ATCP 93.730   Local government financial test.
ATCP 93.733   Local government guarantee.
ATCP 93.735   Local government fund.
ATCP 93.737   Substitution of financial assurance mechanisms by owner or operator.
ATCP 93.740   Cancellation or nonrenewal by a provider of financial assurance.
ATCP 93.743   Reporting by owner or operator.
ATCP 93.745   Record keeping.
ATCP 93.747   Drawing on financial assurance mechanisms.
ATCP 93.750   Release from the requirements.
ATCP 93.753   Bankruptcy or other incapacity of owner or operator or provider of financial assurance.
ATCP 93.755   Replenishment of guarantees, letters of credit, or surety bonds.
Subchapter VIII — Training for Operators of Underground Storage Tank Systems
ATCP 93.800   Purpose.
ATCP 93.805   Scope.
ATCP 93.810   Definitions.
ATCP 93.820   Designation of Class A, Class B, and Class C operators.
ATCP 93.830   Responsibilities of Class A, Class B, and Class C operators.
ATCP 93.840   Training elements for Class A operators.
ATCP 93.841   Training elements for Class B operators.
ATCP 93.842   Training elements for Class C operators.
ATCP 93.850   Acceptable training and certification processes.
ATCP 93.860   Documentation deadlines.
ATCP 93.870   Record keeping.
ATCP 93.880   Retraining for non-compliance.
Ch. ATCP 93 Note Note: Chapter Ind 8 as it existed on March 31, 1982 was repealed and a new chapter Ind 8 was created effective April 1, 1982; Chapter Ind 8 as it existed on April 30, 1991 was repealed and recreated as chapter Comm 10 effective May 1, 1991; corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490; chapter ILHR 10 was renumbered chapter Comm 10 under s. 13.93 (2m) (b) 1., Stats. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1999, No. 518. Chapter Comm 10 as it existed on January 31, 2009 was repealed and a new Chapter Comm 10 was created Register November 2008 No. 635, effective February 1, 2009. Chapter Comm 10 was renumbered chapter SPS 310 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672. Chapter SPS 310 was renumbered Chapter ATCP 93 under s. 13.92 (4) (b) 1., Stats., Register October 2013 No. 694, pursuant to 2013 Wis. Act 20, section 9138 (3) (fm) and (4) (f). Chapter ATCP 93 as it existed on October 31, 2019, was repealed and a new chapter ATCP 93 was created effective November 1, 2019, Register October 2019 No. 766.
ATCP 93.010 ATCP 93.010Purpose. The purpose of this chapter is as follows:
ATCP 93.010(1) (1) In accordance with ss. 101.02 (15) (a) and 101.14 (1) (a), Stats., to provide fire and life safety through the safe storage, display, installation, operation, use, maintenance and transportation of flammable, combustible and hazardous liquids and the equipment, facilities, buildings and premises that are used to store, transfer and dispense them.
ATCP 93.010(2) (2) To comply with s. 168.23 (1), Stats.
ATCP 93.010 Note Note: Section 168.23 (1), Stats., reads in part:
ATCP 93.010 Note The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or are federally regulated hazardous substances.
ATCP 93.010 Note Note: The definition of federally regulated hazardous substances in s. 168.21 (3), Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4, Table 302.4.
ATCP 93.010 Note Note: The definition of “waters of the state,” as used in s. 168.21, Stats., is found in s. 281.01 (18), Stats., and reads as follows:
ATCP 93.010 Note “Waters of the state” includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
ATCP 93.010(3) (3) To comply with the flammable and combustible liquid related provisions of subtitle I of the federal Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, which extended and strengthened the provisions of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act, also known as RCRA, of 1976 as contained in 42 USC 6912 and 6991.
ATCP 93.010(4) (4) In accordance with s. 168.16, Stats., to establish standards for storing and dispensing motor fuel in a manner that does not compromise any minimum product grade specifications achieved under ch. ATCP 94.
ATCP 93.010 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.020 ATCP 93.020Scope and application.
ATCP 93.020(1)(1)New facilities and structures. The provisions of this chapter apply to all new facilities and structures and to new additions to facilities and structures that involve storage, transfer or dispensing of flammable, combustible or hazardous liquids.
ATCP 93.020(2) (2)Alterations to facilities and structures. The provisions of this chapter apply to new remodeling and alterations — for any flammable, combustible or hazardous liquid facility or structure — that are integral to storage, transfer or dispensing of flammable, combustible or hazardous liquids, including remodeling and alterations which affect fire hazard, release mitigation or replacement of major equipment.
ATCP 93.020(3) (3)Existing facilities and structures. All elements, systems or components of an existing facility or structure that are integral to storage, transfer or dispensing of flammable, combustible or hazardous liquids shall be maintained to conform with the requirements of this chapter that applied when the facility, structure, element, system or component was constructed, unless specifically stated otherwise in this chapter.
ATCP 93.020(4) (4)Change in operation. If the operation of an existing facility or structure is changed to an operation regulated by this chapter, the facility or structure shall be made to comply with the requirements for the new operation as provided in this chapter.
ATCP 93.020(5) (5)Groundwater protection and fire safety provisions.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.