Wisconsin Legislature: ATCP 94.400(3)

1. A person who changes the fuel product dispensed from a tank system from a Class II or III liquid to a Class I liquid shall notify the inspector, and the new product shall be tested and approved before being dispensed.

2. In this paragraph, “Class I liquid” means a liquid that will give off sufficient vapor, below 100°F, to form an ignitable mixture with air near the surface of the liquid or within a test vessel; and “Class II or III liquid” means a liquid that will give off such vapor at or above 100°F.

Note: Under chapter ATCP 93, the inspector must likewise be notified, and the new product must likewise be tested and approved before being dispensed, when the product dispensed from a tank system is changed from a Class I liquid to a Class II or III liquid.

Note: See the Department website at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx for the contact information for inspectors.

(3) Sampling procedures.

(a) General. A representative sample may be taken from any shipment of liquid fuel products, including commingled products that are imported into and received in this state.

(b) Department procedures.

1. The department shall inspect and test samples collected under this section, at locations and frequencies that are designed to prevent sale of fuel products in this state which do not comply with this chapter.

2. If the fuel product does not meet the standards specified in this chapter, the department will notify the person for whom the inspection was made that the product may not be sold, used, removed from storage, or transferred to any place for retail sale until compliance with the standards is established.

History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (a) 3., am. (3) (b) (intro.) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.09, renum. (1) (intro.) and (a) to be (1) (a) and (b), cr. (1) (b) 3., am. (2) (c), (d), (3) (intro.), (a) (intro.)., 1. and (b) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.600 and am. (1) (title), (a), (b) (intro.), 1., 3., (2) (a), (b), (3) (a), (b), (c) 1., 3., cr. (2) (e) Register December 2010 No. 660, eff. 1-1-11; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: am. (1) (b) 1., (2) (a), (b), r. (2) (c), am. (2) (e) 1., am. (3) (a), r. (3) (c) Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.320 Water in tanks. Water may not exceed the depths specified in s. ATCP 93.605 in any tank utilized for storing fuels for retail sale, except as otherwise approved by the department.

History: CR 10-006: cr. Register December 2010 No. 660, eff. 1-1-11; CR 21-096: r. and recr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.330 Department records. The department shall keep records of each inspection made, showing all of the following:

(1) The date and place of each inspection.

(2) The product name of the liquid inspected.

(3) The name and address of the person for whom the inspection is made.

Note: Chapter 98, Stats., has detailed requirements that apply to delivery of certain liquid fuels.

History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (b) to (d), am. (3) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.11 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.700 and am. Register December 2010 No. 660, eff. 1-1-11; CR 21-096: r. and recr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.340 Documentation and records.

(1) General. Any person receiving, unloading, using, offering for sale, or selling any liquid fuel product shall accurately identify the product as to name or grade. Delivery of automotive fuel to a retail outlet shall include a certification of the automotive fuel rating, either by letter, or on the delivery ticket or other paper, as required by 16 CFR 306.12.

(2) Oxygenate disclosure. Any person who distributes fuel products which contain one percent or more by volume of an oxygenate, shall accurately state on any invoice, bill of lading, shipping paper, or other documentation accompanying the shipment used in normal and customary business practices, the type of oxygenate and maximum percent by volume contained in the fuel.

(3) Transportation records. Every person transporting liquid fuel products shall maintain accurate and complete records showing the shipment or receipt of the fuel products. The department shall have free access to the records for the purpose of determining the amount of liquid fuel products shipped or received.

(4) Receipt records. Every person receiving fuel products shall maintain an accurate and complete record of the delivery of the product, together with bills of lading, waybills, and any other documents pertinent to verifying the inventory of the product, for at least 10 years, unless approval to the contrary is obtained from the department in writing. The department shall have free access to the records for the purpose of determining the amount of fuel products shipped or received.

Note: See s. 98.225, Stats., for additional detailed requirements for deliveries of certain liquid fuels.

History: CR 21-096: cr. Register February 2024 No. 818, eff. 3-1-24; correction in (1) made under s. 35.17, Stats., Register February 2024 No. 818.

Subchapter IV — Violations

ATCP 94.400 Prohibited acts.

(1) No person other than an operator of a refinery or terminal may deliver, unload, direct, or transfer a fuel product into a storage tank system labeled as containing dissimilar fuel product unless specifically approved in writing by an inspector.

(2) Except as authorized under sub. (1), no person may deliver, unload, direct, or transfer dissimilar fuel products into a storage tank unless specifically approved in writing by an inspector.

(3) No person may hinder, divert, or obstruct inspectors in the performance of their duties under the authority of this chapter.

(4) No person may represent a motor fuel or fuel product in any manner that is contrary to the provisions and the adopted standards of this chapter, and the provisions of ch. 168, Stats.

(5) Except as authorized under sub. (1), no person may transfer a fuel product to any place for retail sale or offer to sell that fuel product if it has been contaminated with a dissimilar product or altered after being tested under this chapter, unless either approved otherwise by the department or further testing shows the product complies with this chapter.

(8) No person may fail to maintain accurate and complete records and reports required under this chapter.

(9) No person may remove or tamper with any red-tag without written authorization from the department.

(10) No person may fail to comply with an administrative order issued by the department.

(11) Except as authorized under sub. (1), no person may blend a fuel product in an underground storage tank.

(12) No person may remove contaminated product from a retail storage tank system without first notifying the department.

History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.590, am. (1), (2), (4), renum. (5), (6) to be (6), (7) and am., cr. (5) Register December 2010 No. 660, eff. 1-1-11; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: am. (1), (2), (5), r. (6), (7), cr. (8) to (12) Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.410 Reimbursement of product-analysis and investigation costs.

(1) Investigations and testing. An owner or seller of a product shall reimburse the department for all of the following, as specified in sub. (2):

(a) Investigation and testing of fuel specification failures, misdeliveries, and contaminated fuel.

(b) Investigation and testing of mislabeled products.

(d) Investigation and testing requested by the owner or seller of the product.

(2) Costs. An owner or seller of a product shall reimburse the department the cost of shipping plus:

(a) $80 per hour for investigations and testing by the department conducted between 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.

(b) $120 per hour for investigations and testing performed by the department on Saturdays, Sundays, holidays, and at times other than scheduled from 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.

(3) Outside testing. An owner or seller of products which are subjected to an analysis that cannot be performed by department equipment and which are therefore sent to an outside testing source shall reimburse the department for the actual cost of the analysis, the cost of shipping, the fee specified in sub. (2), and pay any fee assessed under this chapter.

(4) Due date. All reimbursements and fees that are due under this section shall be paid within 15 calendar days of billing.

(5) Continuation of shutdown. Failure to pay any reimbursements or fees required under this section, for a liquid fuel storage tank system that has been shut down under s. ATCP 94.100 (8), shall result in a continuation of that shutdown.

(6) Waiver. All reimbursements and fees under this section shall be waived if the analysis or investigation determines that the corresponding product complies with this chapter.

History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.650 and am. (2) (c), (5) Register December 2010 No. 650, eff. 1-1-11; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; correction in (1), (2) (intro.), (c), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (c), (5) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: renum. (1) to (3) and am., r. (2), cr. (1) and (2), renum. (3) to (6), am. (5) Register February 2024 No. 818, eff. 3-1-24; correction in (2) (b) made under s. 35.17, Stats., Register February 2024 No. 818.