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6 This distance may be reduced by 50 percent if all of the following features are provided and maintained in addition to the features in the tank-type column: either continuous non-discriminating electronic interstitial monitoring for double wall, or continuous non-discriminating electronic sensor for other secondary containment; audible and visual high-level alarm at 90 percent full, and either automatic shutoff at 95 percent or no latch-open device is used with any manual-shutoff nozzle; all dispensing by suction pump fuel transfer; all motor vehicle fueling limited to private or fleet use; all fueling area protected by canopy; and downspouts for drainage of rainwater do not discharge into a fueling area.
7 This reduced setback is only permitted for emergency or standby power systems that are operated by the same facility which operates the well, and only if all of the following features are provided and maintained in addition to the features in the tank-type column: audible and visual high-level alarm at 90 percent full, and either automatic shutoff at 95 percent or no latch-open device is used with any manual-shutoff nozzle. This setback may be reduced further where approved in writing by the department, upon submittal of an explanation of why reducing the setback is needed, along with demonstration that additional features will be included which will provide adequate protection for the well.
ATCP 93.260 Note Note: Aboveground storage tanks include tanks that are inside a building and have a liquid capacity of 110 gallons or more, are intended for fixed installation, and are not solely used for processing.
ATCP 93.260(2) (2)Tank systems and their dispensing systems shall be at least 50 feet from ground-level potable water reservoirs regulated under ch. NR 811, except as specified in sub. (1) (b) and (c).
ATCP 93.260(3) (3)Tank systems and their dispensing systems shall be at least 25 feet from potable water mains regulated under ch. NR 811, except as specified in sub. (1) (b) and (c).
ATCP 93.260 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
subch. III of ch. ATCP 93 Subchapter III — Specific Tank Storage
Applications
ATCP 93.300 ATCP 93.300 Tanks storing used oil.
ATCP 93.300(1)(1)General.
ATCP 93.300(1)(a)(a) Used oil shall be considered a Class IIIB liquid unless designated otherwise in this chapter or as shown by product flashpoint testing.
ATCP 93.300(1)(b) (b) Tanks used to store used oil to supply an oil burner shall comply with the heating-fuel storage requirements in s. ATCP 93.310 and NFPA 31 chapter 7.
ATCP 93.300 Note Note: Devices that burn used oil are regulated by the Commercial Building Code, chs. SPS 361 to 366, and the Fire Prevention Code, ch. SPS 314. The tank that stores the oil is regulated by this chapter.
ATCP 93.300 Note Note: NFPA 31 section 12.9.1 requires tanks that supply used oil to an oil burner to be listed.
ATCP 93.300(2) (2)Tank construction and installation.
ATCP 93.300(2)(a) (a) Tanks for the storage of used oil shall comply with the construction and marking requirements in s. ATCP 93.250 anytime a tank system is installed.
ATCP 93.300(2)(b) (b) Aboveground tanks for used-oil storage that have a capacity of less than 750 gallons are not required to be listed, or marked in accordance with s. ATCP 93.250 (3), except for tanks which supply oil to an oil burner.
ATCP 93.300 Note Note: See s. ATCP 93.250 for minimum marking requirements for newly manufactured or constructed tanks.
ATCP 93.300(2)(c) (c) Tanks shall be constructed of noncombustible materials, unless constructed and utilized in accordance with SU 2258 from Underwriters Laboratories Inc.
ATCP 93.300(2)(d) (d) The fill opening shall be screened to prevent the passage of solid objects into the tank.
ATCP 93.300(2)(e) (e) The fill opening may be located directly at the tank.
ATCP 93.300(2)(f) (f) The fill opening shall be closed except when a transfer is actually taking place.
ATCP 93.300(2)(g) (g) Tanks that store used oil shall be installed by or under the direct supervision of a certified installer.
ATCP 93.300(2)(h) (h) The building setback for tanks which have a capacity of less than 1,100 gallons and which store used oil may be less than the setbacks listed in NFPA 30 Table 22.4.1.6 if approved in writing by the authorized agent or the department; and that approval shall be based on consideration of the construction material for the building wall, the size of the tank, and the adjacent vehicular traffic.
ATCP 93.300 Note Note: See s. ATCP 93.260 for minimum separating distances between tanks and water supply wells.
ATCP 93.300(3) (3)Spill and overfill prevention. All tanks, whether new or existing, shall comply with all of the following:
ATCP 93.300(3)(a) (a) The fill opening shall be provided with spill containment.
ATCP 93.300(3)(b) (b) If the fill opening is located outdoors, the opening shall be located in a watertight enclosure of noncombustible construction.
ATCP 93.300(3)(c)1.1. Each tank shall have a means of overfill prevention that consists of either a visual gauge, an audible or visual alarm, or a pump shutdown which activates at 90 percent of the tank's capacity, except as provided in subd. 2.
ATCP 93.300(3)(c)2.a.a. If the fill point is remote from the tank or if the delivery person cannot readily observe the tank gauge, an overfill alarm shall be provided at the fill point unless a pump shutdown is provided that activates at 90 percent of the tank's capacity.
ATCP 93.300(3)(c)2.b. b. All overfill alarms shall be readily audible or visible at the fill point and shall alert the delivery person when the tank is 90 percent full.
ATCP 93.300(3)(c)3. 3. All overfill alarms shall be labeled as such.
ATCP 93.300(4) (4)Signage. All tanks, whether new or existing, shall be provided with a permanent and durable sign installed at the used oil handler site or facility that includes all of the following:
ATCP 93.300(4)(a) (a) “NO SMOKING.”
ATCP 93.300(4)(b) (b) “USED OIL COLLECTION ONLY.”
ATCP 93.300(4)(c) (c) “DEPOSITING OTHER MATERIAL IS PROHIBITED.”
ATCP 93.300(5) (5)Vehicle collision protection. Vehicle collision protection shall be provided for aboveground tanks in accordance with s. ATCP 93.430 unless the authorized agent or the department determines the tank system is not subject to vehicle collision.
ATCP 93.300(6) (6)Secondary containment.
ATCP 93.300(6)(a) (a) Aboveground tanks located outdoors shall have secondary containment that complies with s. ATCP 93.420 (1) to (4).
ATCP 93.300(6)(b) (b) Tanks located inside a building shall have secondary containment for 100 percent of the tank capacity if a leak from the storage tank could reach a floor drain, the exterior of the building, or areas that pose an ignition hazard.
ATCP 93.300 Note Note: An oil-water separator connected to a floor drain may be used for all or a portion of the required secondary containment, depending on the system capacity.
ATCP 93.300(7) (7)Underground tanks.
ATCP 93.300(7)(a) (a) General. Underground tanks for used-oil storage shall comply with the applicable portions of NFPA 30 and this section.
ATCP 93.300(7)(b) (b) Spill protection. For underground tanks that store used oil, spill protection is not required at any point other than the fill point, if the tank meets all of the following conditions:
ATCP 93.300(7)(b)1. 1. The tank receives used oil in batches of 25 gallons or less by manual transfer.
ATCP 93.300(7)(b)2. 2. The tank is emptied only by suction transfer.
ATCP 93.300(7)(c) (c) Corrosion protection. Corrosion protection shall be provided in accordance with s. ATCP 93.520 except this protection is not required for piping that is associated with an underground tank which stores used oil, provided the tank and piping meet all of the following conditions:
ATCP 93.300(7)(c)1. 1. The tank receives used oil in batches of 25 gallons or less by manual transfer.
ATCP 93.300(7)(c)2. 2. All piping that is underground is sloped at an angle of at least 30 degrees from horizontal between the point at which it enters the ground and the tank, to allow for the free flow of oil.
ATCP 93.300 Note Note: This section does not exempt the tank itself from corrosion protection requirements.
ATCP 93.300(7)(d) (d) Leak detection. Leak detection shall be provided in accordance with ss. ATCP 93.510 and 93.515.
ATCP 93.300(8) (8)Tank closure and general administrative requirements.
ATCP 93.300(8)(a)(a) Aboveground tanks. Aboveground tanks that store used oil shall comply with ss. ATCP 93.440 to 93.470.
ATCP 93.300 Note Note: Sections ATCP 93.440 to 93.470 address: inspections; seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank closures; tank-system site assessments; and confirming and responding to leaks, spills, overfills and releases.
ATCP 93.300(8)(b) (b) Underground tanks. Underground tanks that store used oil shall comply with ss. ATCP 93.545 to 93.585.
ATCP 93.300 Note Note: Sections ATCP 93.545 to 93.585 address: seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank system closures; conditions indicating releases; tank-system integrity assessments; tank-system site assessments; and responding to leaks, spills, overfills and releases.
ATCP 93.300(9) (9)Scrap recycling and automobile recycling facilities. Subsections (1) (a), (2) (a), (2) (c) to (h), (3) to (5), (6) (a), and (8) do not apply to a new or existing aboveground tank which contains used oil and which is located at a scrap recycling or automobile recycling facility adequately participating in a cooperative compliance program approved by the department of natural resources, provided all of the following requirements are met:
ATCP 93.300(9)(a) (a) The tank is constructed of a durable material acceptable to the department.
ATCP 93.300(9)(b) (b) If located outside of a building, the tank has secondary containment acceptable to the department.
ATCP 93.300(9)(c) (c) If located inside a building, the tank has venting and fire prevention features acceptable to the department.
ATCP 93.300 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.305 ATCP 93.305 Public used oil collection centers.
ATCP 93.305(1)(1)General. Public used oil collection centers shall comply with s. ATCP 93.300 and this section.
ATCP 93.305 Note Note: Also see ch. NR 679 for additional rules pertaining to used oil collection centers, such as operational criteria.
ATCP 93.305(2) (2)Tank construction. The tank shall be constructed to one of the recognized design standards in NFPA 30 chapter 21 unless otherwise accepted by the department.
ATCP 93.305 Note Note: Design standards recognized by NFPA 30 chapter 21 include API 12B, API 12D, API 12F, API 650, UL 58, UL 80, UL 142, UL 1316, UL 1746, UL 2080 and UL 2085.
ATCP 93.305(3) (3)Tank size and installation requirements.
ATCP 93.305(3)(a) (a) The tank may be of any size.
ATCP 93.305(3)(b) (b) Tanks located outdoors shall comply with the setback requirements of NFPA 30 Tables 22.4.1.1 (a) and (b) for a Class IIIA liquid.
ATCP 93.305(3)(c) (c) Tanks located inside a building shall have venting that terminates outdoors.
ATCP 93.305(4) (4)Diking.
ATCP 93.305(4)(a)(a) A single-wall tank shall be placed within a diked area that complies with s. ATCP 93.420.
ATCP 93.305(4)(b) (b) A tank of double-wall construction, that is accessible to the public, shall be placed within secondary containment which meets all of the following requirements:
ATCP 93.305(4)(b)1. 1. Any curb shall have a height of at least 4 inches.
ATCP 93.305(4)(b)2. 2. The containment shall extend at least 2 feet beyond the greatest tank dimension in all directions.
ATCP 93.305(4)(c) (c) The tank shall be set back from the curb or dike wall such that an overflow of the tank will be contained within the diked or curbed area.
ATCP 93.305(4)(d) (d) The fill opening with spill containment shall be located within the diked or curbed area.
ATCP 93.305 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.310 ATCP 93.310 Heating fuel storage.
ATCP 93.310(1)(1)Scope. This section applies to any new or existing aboveground or underground tank that is used to supply liquid fuel to a heating device, including a used oil burner, if the device and the fuel have the following characteristics:
ATCP 93.310(1)(a) (a) The heating device is used for space heating, processing or manufacturing.
ATCP 93.310(1)(b) (b) The fuel is consumed on the premises where stored.
ATCP 93.310 Note Note: Number 5 and 6 fuel oil do not meet the criteria for a liquid and therefore are not regulated by this chapter.
ATCP 93.310(2) (2)Installation, use and maintenance.
ATCP 93.310(2)(a) (a) Tanks that supply oil-burning equipment shall be installed, used and maintained in accordance with NFPA 31 and this section.
ATCP 93.310(2)(b) (b) Tanks used to store heating fuel shall be installed by or under the direct supervision of a certified installer.
ATCP 93.310 Note Note: Tanks installed at 1- or 2-family dwellings are not required to have plan review under s. ATCP 93.100, and aboveground tanks that have a capacity of less than 1,100 gallons are not required to have registration under s. ATCP 93.140.
ATCP 93.310 Note Note: Devices that burn used oil are regulated by the Commercial Building Code, chs. SPS 361 to 366, and the Fire Prevention Code, ch. SPS 314. The tank that stores the oil is regulated by this chapter.
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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.