ATCP 93.145(1)(1)
General. All in-use and temporarily out of service storage tanks, whether new or existing, that are used to store a regulated substance shall have a permit to operate from the department, except this requirement does not apply to any of the following tanks:
ATCP 93.145(1)(b)
(b) Farm and residential underground storage tanks which have a capacity of less than 1,100 gallons and which are used for storing motor fuel.
ATCP 93.145(1)(c)
(c) Underground storage tanks storing heating oil for consumptive use on the premises.
ATCP 93.145 Note
Note: Tanks that are not exempt from permit requirements under this paragraph include tanks that store heating oil as a back-up fuel for natural gas-fired boilers.
ATCP 93.145(2)
(2)
Permit application timeline. The tank owner shall obtain a permit to operate, in accordance with sub.
(3), after all requirements for plan approval under s.
ATCP 93.100 and registration under s.
ATCP 93.140 are completed and the tank is installed.
ATCP 93.145(3)(a)
(a) The owner shall complete one permit application, form TR-WM-160, as provided by the department, for each tank and submit it to the department along with the information required on the application, except as specified in par.
(b), and with any fees due to the department as assessed under this chapter or ch.
ATCP 94.
ATCP 93.145(3)(b)
(b) Where registration information in full compliance with s.
ATCP 93.140 (3) is submitted for a newly installed tank, the department shall use that information as the permit application.
ATCP 93.145(4)(a)(a) The department shall review and make a determination on the permit application within 30 business days of receipt of the completed forms and required information.
ATCP 93.145(4)(b)
(b) Upon review and acceptance of the required forms, information and fees specified in sub.
(3), the department shall issue an underground storage tank operating permit for each storage tank.
ATCP 93.145(4)(c)
(c) The department may decide to not issue or to not renew an operating permit for a tank if the department finds that there has been significant noncompliance with either this chapter or orders issued pursuant to this chapter. Upon making this decision, the department shall inform the owner or operator in writing of the reasons for the decision.
ATCP 93.145 Note
Note: See s.
ATCP 93.190 for requirements relating to appealing a decision by the department.
ATCP 93.145(5)
(5)
Permit posting. Each permit to operate shall be posted at the premises where the tank is located, and in a location where the permit is visible to the public. The posted permit shall be maintained in a legible state.
ATCP 93.145(6)(a)1.1. The underground storage tank permit to operate shall annually expire on the 28th day of the month specified in the initially issued permit, except as provided in subd.
2. ATCP 93.145(6)(a)2.
2. When a change of ownership occurs, the permit to operate shall expire upon completion of the real estate transaction.
ATCP 93.145(6)(b)1.1. The department shall send the tank owner of record a permit renewal notice and online renewal instructions before the expiration of the current permit, except as provided in subd.
2. ATCP 93.145(6)(b)2.
2. Where a change of ownership occurs, the department shall send the new tank owner a permit application, form TR-WM-160, within 15 business days of being notified of the change of ownership, as addressed in s.
ATCP 93.150.
ATCP 93.145(6)(c)
(c) To renew a permit, the tank owner shall complete all of the information required in the online application including all of the following information:
ATCP 93.145(7)(a)1.1. The department may suspend any permit issued under this section, upon determining that operation of any involved tank constitutes an imminent hazard to human health or the environment, or that financial responsibility required in subch.
VII has been discontinued.
ATCP 93.145(7)(a)2.
2. When suspending a permit, the department shall inform the owner or operator in writing of the reasons for the suspension.
ATCP 93.145(7)(b)
(b) Upon suspension of a permit, all dispensing from any involved tank shall cease, and the department may order the owner or operator to properly empty the tank.
ATCP 93.145(7)(c)
(c) The department may reinstate a suspended permit upon determining that the hazard or financial responsibility failure which resulted in the suspension no longer exists.
ATCP 93.145 Note
Note: See s.
ATCP 93.190 for requirements relating to appealing a decision by the department.
ATCP 93.145 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) (intro.) made under s.
35.17, Stats.,
Register October 2019 No. 766.
ATCP 93.150(1)(1)
Any person taking ownership of a storage tank registered under s.
ATCP 93.140 shall notify the department of the change of ownership within 15 business days.
ATCP 93.150(2)
(2) The ownership-change notification shall be on form TR-WM-118, TR-WM-137, or TR-WM-153, as provided by the department and shall include all of the following:
ATCP 93.150(2)(a)
(a) The name and address of the new owner and of a local contact person.
ATCP 93.150(2)(b)
(b) The date the documents evidencing the ownership transfer are executed.
ATCP 93.150(2)(d)
(d) The address of all locations included in the change of ownership that have tanks which are subject to the registration requirements in s.
ATCP 93.140.
ATCP 93.150(2)(e)
(e) A copy of the newly recorded deed showing the new owner or other official documentation of ownership as approved by the department.
ATCP 93.150 Note
Note: A land contract does not meet the requirement for documentation of ownership change.
ATCP 93.150 Note
Note: Form TR-WM-118– Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-153 — Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942. Forms TR-WM-118 and 137 are also available from the Division's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 93.150(3)
(3) A permit application, form TR-WM-160, if required under s.
ATCP 93.145 (1), shall be completed and submitted to the department within 15 business days of its receipt and shall include all of the following:
ATCP 93.150 Note
Note: If proof of financial responsibility and the affidavit are submitted under sub. (2) (f), it is not required to re-submit under sub. (3).
ATCP 93.150 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (3) (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register February 2022 No. 794.
ATCP 93.1605
ATCP 93.1605 Fees relating to storage tanks for liquids that are flammable, combustible or federally regulated hazardous substances. ATCP 93.1605(1)(1)
Plan examination and inspection fees. Fees for the examination of plans, site inspections and reinspections for tanks used for the storage of liquids that are flammable, combustible or federally regulated hazardous substances shall be determined in accordance with Table 93.1605.
ATCP 93.1605(1m)
(1m)
Projects initiated without plan approval. The plan examination fees specified in Table 93.1605 shall be doubled for projects where the installation, erection, or construction was initiated without the required departmental approval.
ATCP 93.1605(2)
(2)
Groundwater fee. Pursuant to s.
168.23 (5), Stats., in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable, combustible or hazardous liquids, the department shall collect a groundwater fee of $100 for each plan review submittal that includes at least one storage tank with a 1,000 gallon or greater capacity. The fees collected under this subsection shall be credited to the environmental fund for environmental management.
ATCP 93.1605(3)
(3)
Reinspection fee. The contractor, when performing activities covered under s.
ATCP 93.240 (16) to
(19), shall pay the reinspection fee to the authorized agent or the department if a return trip is required due to any of the following or is required to reschedule a trip on less than 24 hours of notice for any of the following:
ATCP 93.1605(3)(a)
(a) Failure to have the tank system accessible for inspection on the date and time specified for inspection.
ATCP 93.1605(3)(b)
(b) Installation inspection points that are incomplete on the date and time specified for inspection.
ATCP 93.1605(3)(c)
(c) Failure to correct deficiencies by the date and time specified for inspection.
ATCP 93.1605 Note
Note: Section
ATCP 93.240 (16) covers aboveground tank system installation certification requirements. Section
ATCP 93.240 (17) covers underground tank system installation certification requirements. Section
ATCP 93.240 (18) covers tank system lining certification requirements. Section
ATCP 93.240 (19) covers tank system removing and cleaning certification requirements.
ATCP 93.1605(4)
(4)
Special inspection fee. The owner or operator shall pay the miscellaneous inspection fee specified in sub.
(5) to the authorized agent or the department for any of the following reasons:
ATCP 93.1605(4)(a)
(a) Replacement of identical equipment where the department or local program operator has waived the plan submittal requirement.
ATCP 93.1605(4)(b)
(b) Pre-operational inspection required by the department as a result of compliance orders where plan submittal is not required.
ATCP 93.1605(5)
(5)
Special inspection fee; amount. Any miscellaneous inspection fees assessed under this subsection or s.
ATCP 93.115 (3) (c) 2. shall be assessed at the following rates:
ATCP 93.1605(5)(a)
(a) $160 per inspection for a facility with only aboveground storage tanks.
ATCP 93.1605(5)(b)
(b) $240 per inspection for a facility with at least one underground storage tank.
ATCP 93.1605(5)(c)
(c) If applicable, any additional actual costs for special circumstances may be assessed.
Table 93.1605
ATCP 93.1605 Note
Note: For all tanks which have a capacity of less than 5,000 gallons and which are reviewed by a local program operator, no state fees are required. The local program operator shall charge a fee which must be at least equal to the fee in this table, but which does not include the groundwater fee in sub. (2).
* If the department is conducting plan review in the absence of an assigned local program operator, the appropriate Table 93.1605 fees must be submitted, along with the groundwater fee in sub. (2). Further information on where local program operators perform reviews is available at the following Web site:
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
** A point-of-sale system is any dispensing system that will authorize fuel dispensing by means of key, card or code activation. These conversions are reviewed by local program operators.
*** These reviews are performed only by the department.
ATCP 93.1605 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19; correction in (3) (intro.), (5) (intro.),made under s.
35.17, Stats., and correction in (5) (b) made under s.
13.92 (4) (b) 12., Stats.,
Register October 2019 No. 766.
ATCP 93.165
ATCP 93.165 Alternate forms. Although various sections of this chapter include a requirement to record certain information on a particularly specified department form, that requirement may be met by recording the same information in the same format on an alternate form if that form is approved by the department.
ATCP 93.165 History
History: CR 17-092: cr.
Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.170
ATCP 93.170 Petition for variance. The department shall consider and may grant a variance to a provision of this chapter. The petition for variance shall establish an equivalency which meets the intent of this chapter.
ATCP 93.170(1)
(1)
Applications for petition for variance. A petition for variance must include all of the following:
ATCP 93.170(1)(a)
(a) A completed and notarized petition for variance form, TR-WM-129.
ATCP 93.170(1)(c)
(c) If the petition is requesting a variance from building or property setback requirements, a position statement completed by the fire department having jurisdiction.
ATCP 93.170(2)(a)(a) Upon receipt of the petition for variance, including all required information, the department shall evaluate the petition for variance and determine if it provides for an equivalency which meets the intent of this chapter.
ATCP 93.170(2)(b)
(b) If additional information is needed, the department shall notify the owner in writing of the specific information required.
