Wisconsin Legislature: ATCP 93.630(1)(d)

(f) Buildings or fenced enclosures may not be used for occupancy, storage, or any other use unless specifically allowed under chs. SPS 361 to 366.

(g) Fences surrounding tanks shall be of chain-link design or other open fencing approved by the department.

(h) Gates and doors shall be normally locked.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (b) 6. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.620 Public access motor vehicle fueling operations.

(1) General.

(a) Public access fueling operations shall follow the operational requirements of NFPA 30A and this section.

(b) When the product dispensed from a tank system is changed from a Class I liquid to a Class II or III liquid, the department’s corresponding district inspection office shall be notified, and the new product shall be tested and approved before being dispensed.

Note: Under ch. ATCP 94, similar notification and approval is required for changing from storing a Class II or III liquid to storing a Class I liquid.

Note: See the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx for inspector contact information.

(2) Dispensing area safety.

(a) Equipment or devices not required for, or not integral to, the fueling operation, such as vending machines or automated teller machines, may only be installed outside of the fuel dispensing area.

(d) A person shall be at least 14 years old to dispense fuel into the fuel tank of a motor vehicle.

(e) Combustible merchandise placed within 20 feet of a fuel dispenser shall meet all of the following requirements:

1. No combustible merchandise, including pallets and packaging material, may be within 3 feet horizontally of the dispenser cabinet.

2. The height of the merchandise display, including pallets and packaging material, may not exceed 3 feet above grade.

Note: Trash receptacles and window washing containers that are for public use are not considered merchandise under this section. Window washing solution in containers for sale to the public would be considered merchandise under this section.

(f) A means of two-way voice communication between the customer and attendant shall be maintained while the facility is open to the public and an attendant is on duty.

(g) No vehicle may be fueled from an aboveground storage tank while the storage tank is being filled.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (a) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.630 Fuel storage and dispensing at farms and construction projects.

(1) General.

(a) Aboveground tanks. This section applies to aboveground storage tank systems for fueling operations at a farm premises or construction project. Such tanks shall comply with NFPA 30A chapter 13 and this section.

(b) Limitations on location and type of use. The tanks may not be used for fueling vehicles unless the vehicles are dedicated to the operation of the farm premises or construction project.

1. The tanks shall be constructed in accordance with NFPA 30A chapter 13 and this section.

2. Nozzles on gravity systems may not have a latch-open device.

3. There is no minimum required setback between the tank and the dispenser.

(d) Operations involving tanks. Operations shall be in accordance with NFPA 30A chapter 13.

(e) Security. The tank system shall be equipped so the hose, hanger, or outlet valve can be locked to prevent tampering.

(2) Modifications to NFPA 30a and exemptions.

(a) Farming operations. For farming operations using a tank without secondary containment, the tank and the fueling operation shall be placed outside of a building and at least 40 feet from the near side of a public way and from a building or structure used for any of the following purposes:

1. Human occupancy.

2. Housing of any livestock.

3. Storage or repair of any motor-driven vehicle or machine.

4. Storage of chemicals, pesticides, or other fuels.

5. Storage of hay or similar crops susceptible to spontaneous combustion if stored in a combustible building or structure.

(b) Other operations. For all operations within the scope of this section using a tank without secondary containment, other than farming, the tank and the fueling operation shall be placed outside and at least 40 feet from the near side of a public way and from any important building or structure.

(c) Operations using secondary containment tanks. All operations within the scope of this section using a tank with secondary containment shall follow the setback requirements in Table 93.630.

(d) Irrigation operations.

1. A tank that supplies a combustion engine in an irrigation system shall be located on land or on a pier of the solid-fill type.

2. The tank shall be mounted to maintain stability against vibration, wind, water-saturated ground, and floodwater and shall be liquid-tight.

3. Where a tank is at an elevation that may produce a gravity head-pressure or siphon pressure, the tank outlet shall be equipped with a device, such as a normally closed solenoid valve, which will prevent gravity or siphon flow from the tank to the engine. This device shall be located adjacent to and downstream of the tank outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity or siphon from the tank to the engine if the fuel piping, tubing, or hose system fails when the engine is not in use.

4. The fuel piping, tubing, or hose system connecting the tank to the engine shall comply with all of the following:

a. Be compatible with the fuel.

b. Be constructed, supported, and protected against physical damage and stresses arising from impact, settlement, vibration, expansion, contraction, wave action, and wildlife.

c. Be of a type that is designed to withstand the forces and pressures exerted upon it, including from any motion of the engine or a pier.

d. Be liquid-tight.

e. Have a valve at the tank to shut off the liquid supply from the tank.

(3) Tanks of less than 1,100 gallons.

(a) Aboveground tanks that have a capacity of less than 1,100 gallons shall comply with this subsection before use.

(b) Installation shall be by a certified installer.

(c) The certified installer shall fill out a tank installation notification, form TR-WM-124, and provide the form to the authorized agent or the department for inspection of the tank system.

Note: Form TR-WM-124 — Farm & Construction AST Installation Notification is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau’s Web site at http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

(d) Before a tank may be filled or used, the tank system shall be inspected or authorized for use by the authorized agent or the department, except as allowed otherwise by par. (g).

(e) The owner shall remit the inspection fee under Table 93.1605 to the authorized agent or the department before filling or using the tank.

(f) The tank shall be inspected within 5 business days after notification for a standard inspection and within 2 business days after notification for a priority inspection, except as provided in par. (g).

(g) The tank may be filled and used if the inspection has not been completed within the time limits after notification specified in par. (f).

(h) Tanks that are filled via hand-held nozzles shall be constantly attended during product delivery and shall be provided with overfill prevention equipment which notifies the person filling the tank, with either an audible or a visual signal, that the liquid level has reached 90 percent of the tank’s capacity.

(i)

1. Tanks shall be mounted on noncombustible supports that are adequate to provide stability.

2. The base of the tank supports shall be at the same grade level as the vehicles when positioned for fueling.

3. The bottom of the tank, irrespective of any supports, shall be elevated at least 6 inches above the surrounding grade.

(4) Tanks of 1,100 gallons or more, or located less than 40 feet from buildings. Aboveground tanks which have a capacity of 1,100 gallons or more, or which are located less than 40 feet from either the buildings and structures listed in sub. (2) (a) or important buildings or structures, shall comply with all of the following:

(a) Tank listing. The tank shall be listed and labeled for aboveground use.

(b) System design and location. The tank system shall comply with the specifications for dispensing facilities in s. ATCP 93.615 (5), with the following exceptions:

1. The tank system and the fueling operation shall be located in accordance with Table 93.630.

2. Vehicle collision protection may be omitted where a dike complying with this chapter is provided for secondary containment.

3. Tanks under this paragraph are exempt from the enclosure requirement in s. ATCP 93.615 (5) (o).

Table 93.630

Tank System Setbacks for Tanks with Secondary Containment

- See PDF for table

1. The tank system shall be installed in accordance with the manufacturer’s instructions, the applicable national standards adopted in s. ATCP 93.200, plans and specifications approved under s. ATCP 93.100 and this chapter.

2. The tank system installation shall be performed or supervised by a certified installer.

3. The tank system shall be inspected in accordance with s. ATCP 93.115 (2).

4. The tank shall be registered in accordance with s. ATCP 93.140.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (h) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.640 Watercraft, snowmobile and ATV fueling.

(1) General requirements.

(a) General. Use of aboveground storage tank systems and fueling operations for watercraft, snowmobiles, and ATVs shall comply with NFPA 30A chapter 11, the requirements for dispensing systems in s. ATCP 93.615, and the requirements of this section, except as otherwise approved under this chapter.

(b) Tank location.

1. Aboveground tanks located on land shall be set back at least 10 feet from the ordinary high water mark of a navigable body of water.

Note: The ordinary high water mark is determined by the county zoning department or the department of natural resources.

Note: The municipality in which the tank is located may have additional requirements for the siting of the tank.

2. Tanks shall follow the setback requirements of Table 93.615-A, except that there is no required separation between the tank and the dispenser if the tank is used exclusively for watercraft, snowmobile, or ATV fueling.

1. Any dispenser used for a fueling operation above or within 100 feet of navigable water shall use a dry-break connection or a listed no-drip nozzle with automatic shutoff.