Chapter 168

subch. II of ch. 168 SUBCHAPTER II

STORAGE OF DANGEROUS SUBSTANCES

Subch. II of ch. 168 Cross-reference Cross-reference: See also ch. ATCP 93, Wis. adm. code.

168.21 168.21 Definitions. In this subchapter:

168.21(1) (1) “Combustible liquid” means a liquid having a flash point at or above 100 degrees fahrenheit and below 200 degrees fahrenheit.

168.21(2) (2) “Department” means the department of agriculture, trade and consumer protection.

168.21(3) (3) “Federally regulated hazardous substance” means a hazardous substance, as defined in 42 USC 9601 (14).

168.21(4) (4) “Flammable liquid” means a liquid having a flash point below 100 degrees fahrenheit.

168.21(5) (5) “Flash point” means the minimum temperature at which a flammable or combustible liquid will give off sufficient flammable vapors to form an ignitable mixture with air near the surface of the liquid or within the vessel which contains the liquid.

168.21(6) (6) “Secondary containment” means a barrier, approved by the department, that is installed around a storage tank system and that is designed to prevent a leak from a primary tank or piping from contacting the surrounding earth or waters of the state.

168.21(7) (7) “Waters of the state” has the meaning specified under s. 281.01 (18).

168.21 History History: 2013 a. 20 ss. 1601 to 1607, 1970; Stats. 2013 s. 168.21.

168.22 168.22 Storage tanks.

168.22(1) (1) Except as provided under subs. (2) to (5), every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under s. 168.23.

168.22(2) (2) This subchapter does not apply to storage tanks which require a hazardous waste license under s. 291.25.

168.22(3) (3) This subchapter does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.

168.22(4) (4) Any rules promulgated under s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:

168.22(4)(a) (a) Are installed before October 29, 1999.

168.22(4)(b) (b) Have a capacity of less than 1,100 gallons.

168.22(4)(c) (c) Are used to store heating oil for residential, consumptive use on the premises where stored.

168.22(5) (5) This subchapter does not apply to a pressurized natural gas pipeline system regulated under 49 CFR 192 and 193.

168.22 History History: 2013 a. 20 ss. 1608 to 1614; Stats. 2013 s. 168.22.

168.23 168.23 Rules.

168.23(1) (1) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or are federally regulated hazardous substances. The rule shall comply with ch. 160. The rule may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks. The rule may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.

168.23(2) (2) The department may transfer any information which the department receives under sub. (1) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under sub. (1), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.

168.23(3) (3) The rule promulgated under sub. (1) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration. The department may not require an individual who is eligible for the veterans fee waiver program under s. 45.44 to pay any fee that may be charged pursuant to such a rule.

168.23(4) (4) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under sub. (3).

168.23(5) (5) 

168.23(5)(a) (a) Subject to par. (b), 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 a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 168.21 (3), the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for environmental management.

168.23(5)(b) (b) Notwithstanding par. (a), an installation for the storage, handling or use of a liquid that is flammable or combustible or a federally regulated hazardous substance, as defined in s. 168.21 (3), that has a capacity of less than 1,000 gallons is not subject to the groundwater fee under par. (a).

168.23(6) (6) The department may not promulgate or enforce a rule that requires the owner or operator of a motor vehicle fueling facility to have a telephone or other means for contacting emergency services available to the public.

168.23 History History: 2013 a. 20 ss. 1615 to 1619, 1629, 1630; Stats. 2013 s. 168.23; 2015 a. 247.

168.24 168.24 Secondary containment requirements.

168.24(1) (1) In this section, “hazardous substance” means a combustible liquid, a flammable liquid, or a federally regulated hazardous substance.

168.24(2) (2) The department may not impose any requirement that specifies that pipe connections at the top of a storage tank and beneath all freestanding pumps and dispensers that routinely contain a hazardous substance be placed within secondary containment sumps, if the pipe connections were installed or in place on or before February 1, 2009. This section does not apply after December 31, 2020.

168.24 History History: 2013 a. 20 ss. 1620 to 1622; Stats. 2013 s. 168.24.

168.25 168.25 Enforcement.

168.25(1) (1) The department shall enforce this subchapter.

168.25(2) (2) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this subchapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.

168.25(3) (3) The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.

168.25 History History: 2013 a. 20 ss. 1623 to 1626; Stats. 2013 s. 168.25.

168.26 168.26 Penalties. Any person who violates this subchapter or any rule or order adopted under this subchapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this subchapter or any rule or order under this subchapter constitutes a separate offense and each day of continued violation is a separate offense.

168.26 History History: 2013 a. 20 s. 1627; Stats. 2013 s. 168.26.

168.28 168.28 Inventory of petroleum product storage tanks.

168.28(1) (1) Definitions. In this section:

168.28(1)(a) (a) Notwithstanding s. 168.01 (3), “petroleum product” means materials derived from petroleum, natural gas, or asphalt deposits and includes gasoline, diesel and heating fuels, liquefied petroleum gases, lubricants, waxes, greases, and petrochemicals.

168.28(1)(b) (b) “Storage tank” means an enclosed container with a capacity in excess of 60 gallons which is used to hold a petroleum product, regardless of the duration of storage and which is intended for use as a fixed, rather than as a portable, installation.

168.28(2) (2) Inventory of storage tanks. The department shall undertake a program to inventory and determine the location of aboveground storage tanks and underground storage tanks. The department may require its deputies and any person engaged in the business of distributing petroleum products to provide information on the location of aboveground storage tanks and underground storage tanks. The department shall develop uniform procedures for reporting the location of aboveground storage tanks and underground storage tanks.

168.28 History History: 1983 a. 410; 1989 a. 254; 1991 a. 82; 2013 a. 20 ss. 1631 to 1633; Stats. 2013 s. 168.28.

168.28 Cross-reference Cross-reference: See also s. NR 747.11, Wis. adm. code.