Wisconsin Legislature: ATCP 93.240(3)(c)

(13) Disconnecting and discontinuing vapor recovery. Disconnecting or discontinuing use of a stage II vapor-recovery system or a portion thereof shall comply with PEI RP300 chapter 14, be completed within five days after it begins, and be reported to the department on form TR-WM-122 within 15 business days after the completion.

Note: Each connection of a tank to deactivated, unremoved vapor-recovery pipe should be capped or plugged at the tank, if readily accessible, to minimize the potential for water intrusion from the pipe.

Note: Form TR-WM-122 is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942. The form is also available from the Bureau’s Web site at http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

(14) Removing water and other contaminants from storage tanks. Water and other contaminants shall be removed from storage tanks in accordance with STI R111.

Note: See s. ATCP 93.605 (1) (g) for related requirements for water in storage tanks at motor fuel dispensing facilities.

(15) Preparing tanks for changes in fuel type. Converting a tank from storing a different type of liquid that is regulated by this chapter shall include complying with STI R111.

Note: See ss. ATCP 93.450, 93.550, and 93.680 for related requirements for changing the type of liquid stored in a tank.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.240 Certifications and enforcement.

(1) Certifications. Persons and firms providing or supervising any of the following services shall be credentialed by the department in accordance with this chapter:

(a) Tank-system site assessment as referenced in s. ATCP 93.465 for aboveground tanks and s. ATCP 93.580 for underground tanks.

(b) Underground tank system lining under ss. ATCP 93.530 and 93.535.

(c) The cleaning and removal of underground storage tank systems and stationary shop-built aboveground storage tank systems.

(d) Storage tank system precision tightness testing using equipment that is not permanently installed on the tank system.

Note: All methods of precision tightness testing are required to be approved by the department in accordance with s. ATCP 93.130.

(e) Corrosion protection services as required in s. ATCP 93.520.

(f) Installation of underground storage tank systems, underground piping, and shop-built aboveground storage tank systems, except this requirement does not apply to any of the following tank systems:

1. Aboveground heating oil tanks at 1- or 2-family dwellings.

2. Tanks or piping that are installed or constructed under the direct supervision of a registered professional engineer.

Note: “Under the direct supervision of a registered professional engineer” means the registered professional engineer must be on the site during, and responsible for, the key installation and test activities described in sub. (16) (e) or (17) (e).

(2) Application.

(a) Application for a certification or registration, or a certification or registration examination covered under this section shall be submitted on a form prescribed by the department.

Note: Applications and related forms for certifications or registrations are available online at https://mydatcp.wi.gov, from the Department of Agriculture, Trade and Consumer Protection Bureau of Weights and Measures at PO Box 8911, Madison, WI 53708-8911; or at the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

(b) An application for a certification or registration which either requires or recognizes the attendance at or completion of educational courses as a qualification for the certification or registration shall be accompanied by such evidence, including but not limited to transcripts, that verifies fulfillment of the prerequisite.

(c) Applicants for any certification or registration under this chapter shall include the applicant’s social security number, or in the case of a certification or registration for a business, the applicant shall include the federal employer identification number. The department shall consider the failure by the applicant to provide a social security number or a federal employer identification number as an incomplete application and may not process the application further until the appropriate number is provided.

(d) A business having multiple locations covered under one federal employer identification number applying for a tank specialty firm registration need not obtain a separate registration for each location.

(3) Fees.

(a) Fees required for the various certifications or registrations and their processing under this section shall be determined in accordance with Table 93.240.

(b) Fees required under this section are not refundable.

Table 93.240 - Fees

- See PDF for table

Note: No application fee if application is submitted through the online application system on https://myDATCP.wi.gov.

(4) Processing times. An application for a certification or registration covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the certification or registration. If the certification or registration application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application. If an applicant does not respond to a request by the department for additional information within 3 months after the date of the request, the department shall make a determination on the application based upon the information on hand.

(5) Mailing.

(a) Unless otherwise provided by law, all orders, notices and other papers may be served by the department by 1st class mail at the address on file with the department.

(b) A certification or registration holder shall be responsible for notifying the department of any change in mailing address.

(6) Terms.

(a) All certifications or registrations issued under this subsection shall be valid for a period of 2 years.

(b) All certifications or registrations issued under this subsection shall expire at 11:59 p.m. on the date of expiration. Certifications and registrations expire on the two-year anniversary of the original date of issuance.

(7) Renewal.

(a)

1. A notice of renewal shall be mailed by the department to a certification or registration holder at least 30 calendar days prior to the expiration of the certification or registration.

2. Failure to receive a notice for renewal of a certification or registration may not be considered as an excuse or good cause for failure to renew a certification or registration prior to the expiration of the certification or registration.

(b)

1. Except as provided in subd. 2. b., upon receipt of the renewal notice from the department, a person may apply to renew a certification or registration provided an application, a certification or registration fee and evidence of all renewal obligations, if any, are submitted to the department prior to the expiration date of the certification or registration.

Note: Qualification obligations for renewal are specified under the appropriate certification or registration category sections.

ag. A person may apply to renew a certification or registration in accordance with subd. 2. ar. no later than one two-year term after expiration of the certification or registration. An application fee as specified in Table 93.240 shall accompany the renewal application.

ar. A person who files for renewal after the expiration date of a certification or registration issued under subs. (13) to (20), shall comply with this chapter’s requirements for initially receiving that certification or registration.

b. A person who files for renewal of a certification or registration issued under sub. (13), (16), or (17), and who has not obtained all continuing education credit required for renewal shall comply with this chapter’s requirements for initially receiving that certification or registration.

c. For a certification or registration issued under sub. (13), (16), or (17), the time period for obtaining continuing education credits shall extend from the beginning date to the expiration date of that certification or registration.

(8) Continuing education.

(a) Program specifications.

1. Only courses, programs, and seminars approved in writing by the department shall be used for credit to fulfill continuing education requirements.

a. Requests for a course, program or seminar to be recognized for approval shall be submitted in writing to the department.

b. Requests for approval shall include sufficient information to determine if the course, program or seminar complies with this subsection.

c. The department shall review and make a determination on a request for approval within 21 calendar days of receipt of the request and information necessary to complete the review.

a. Thirty minutes of attendance in an approved course, program or seminar shall be deemed equal to 0.5 hours of acceptable continuing education.

b. Continuing education credit for attendance in approved continuing education courses, programs or seminars in other than 30 minute increments shall be rounded down to the next half hour.

c. Courses, programs and seminars to be considered for approval towards continuing education credit shall relate to the skills and knowledge of one or more certification categories.

a. The department may limit credit approval to specific certification categories when approving a course, program, or seminar for continuing education credit.

b. Approval of courses, programs or seminars for continuing education credit may be renewed. Renewal shall be in accordance with subd. 2.

c. An approval of a course, program or seminar for continuing education credit under subs. (13) to (21) shall expire either 3 years after the date of approval, or as otherwise specified in the approval.

5. The department may revoke the approval of a course, program or seminar for continuing education credit for any false statements, misrepresentation of facts or violation of the conditions on which the approval was based. The department may not revoke the approval of a course, program or seminar less than 30 calendar days prior to the course, program or seminar being held.

a. The individual or organization which had obtained the course, program or seminar approval shall maintain an attendance record of those individuals who have attended and completed the course, program or seminar for at least 3 years from the date of the course, program or seminar.

b. The attendance record shall include all of the following: the course name, the course identification number assigned by the department, the date or dates the course was held or completed, the name of each attendee, the name of each certification held by the attendee for which the course applies, and the certification number assigned by the department of each attendee.

c. A copy of the attendance record shall be forwarded by the person or organization which had obtained the course, program or seminar approval to the department within 14 calendar days after completion of the course or program.

7. Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under subs. (13) to (21) shall notify the department of any material changes to the information submitted for that approval.

8. Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under subs. (13) to (21) shall notify the department if the course, program, or seminar is discontinued before the end of its approval period.

(b) Evidence of compliance. Each certification holder shall retain evidence of compliance with continuing education requirements throughout the certification period for which continuing education credit was required for renewal of the certification.

1. The department shall accept as evidence of compliance original or copies of documents, certified by the individual or organization providing the course, program or seminar, indicating attendance and completion of the continuing education credit.

2. The department may require a certification holder to submit evidence of compliance for the continuing education credit which was required to renew the certification.

(c) Continuing education cycle. For those certification categories which require continuing educational credit for renewal, the certification holder shall obtain the necessary amount of continuing educational credit prior to the expiration date of the certification as specified in Table 93.240.

(9) Examinations administered by the department.

(a) For those certification categories which require examination, the department shall conduct at least four certification examinations annually for each certification category with the exception of sub. (13) at times and locations specified by the department.

(b) An application and fee for a certification that requires an examination shall be received by the department at least 30 calendar days prior to the day of the examination. The department may postpone the applicant’s appearance to another examination date if any of the following occur:

1. The applicant fails to have the application on file with the department within the required time.

2. The application information or required qualifications are incomplete.

3. The examination center is filled to capacity.

(c) Upon verification of the application and the required qualifications, the department shall notify an applicant in writing of the date, time and place of the examination.

(d)

1. An applicant for certification examination shall provide a photo identification or other appropriate evidence to gain admittance to an examination.

2. An applicant shall bring to a certification examination all necessary materials as specified by the department.