Chapter ATCP 33

ATCP 33.10 Note Note: Subsection (1) does not apply to the routine repair or maintenance of an existing structure. See s. ATCP 33.01 (34). This chapter does not require an operator to take soil samples before the operator constructs or substantially alters a structure. However, an operator may wish to do so in order to maintain cost reimbursement eligibility under s. ATCP 35.04.

ATCP 33.10(2) (2) Discretionary review. The department may review and comment on the design specifications filed under sub. (1). The department is not required to review, approve or comment on the design specifications. A failure to comment does not signify approval. An operator is not required to obtain the department’s approval for a proposed construction or alteration, but is required to comply with this chapter.

ATCP 33.10(3) (3) Discretionary inspection. The department may inspect a construction or alteration under sub. (1).

ATCP 33.10(4) (4) Construction conforming to plan. An operator may not, without prior written notice to the department, deviate from design specifications filed under sub. (1).

ATCP 33.10 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.12 ATCP 33.12 Storage facility siting.

ATCP 33.12(1) (1) Requirements. Except as provided in sub. (2), the base of each mixing and loading pad, the base of each secondary containment structure, and the floor of each building used to store bulk fertilizer or bulk pesticide shall be all of the following:

ATCP 33.12(1)(a) (a) At least 5 feet above bedrock.

ATCP 33.12(1)(b) (b) At least 5 feet above the seasonal high groundwater level. A determination of seasonal high groundwater level, by an independent soils tester licensed by the Wisconsin department of safety and professional services, is presumptively valid for purposes of this paragraph.

ATCP 33.12(1)(c) (c) At least 1,000 feet from the ordinary high water mark of any navigable lake and 300 feet from the ordinary high water mark of any navigable stream.

ATCP 33.12(1)(d) (d) Located outside of any 100-year flood plain.

ATCP 33.12(2) (2) Exemption. Subsection (1) does not apply to the reconstruction, expansion or alteration of a mixing and loading pad, secondary containment structure or storage building that was in use prior to November 1, 2006.

ATCP 33.12 Note Note: The exemption under sub. (2) applies only to sub. (1). It does not exempt a storage facility from any other federal, state or local regulations that may apply.

ATCP 33.12 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.

ATCP 33.14 ATCP 33.14 Water supply protection.

ATCP 33.14(1) (1) General. Wells at a storage facility shall comply with applicable requirements in chs. NR 811 and 812.

ATCP 33.14 Note Note: Chapters NR 811 and 812 comprise the state well code.

ATCP 33.14(2) (2) Backflow prevention.

ATCP 33.14(2)(a) (a) All water supply outlets at the storage facility shall be protected against backflow caused by backpressure or backsiphonage. Protection may include any of the following:

ATCP 33.14(2)(a)1. 1. A vertical air gap between each water supply outlet and any container or equipment filled from that outlet. The air gap distance shall be at least one inch, or twice the effective opening of the supply outlet, whichever is greater.

ATCP 33.14(2)(a)2. 2. A backflow prevention device that complies with s. SPS 382.41.

ATCP 33.14 Note Note: SPS 382 is part of the state plumbing code.

ATCP 33.14(2)(b) (b) An operator shall notify the department at least 7 business days prior to installing or modifying a backflow protection device or system, unless the operator is merely re-installing backflow prevention devices that the operator has temporarily removed to protect them from frost damage.

ATCP 33.14 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; correction in (2) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.

subch. III of ch. ATCP 33 Subchapter III — Storage Containers and Related Structures

ATCP 33.20 ATCP 33.20 Liquid fertilizer and pesticide storage containers.

ATCP 33.20(1) (1) General requirements.

ATCP 33.20(1)(a) (a) Storage containers and appurtenances shall be designed, constructed, inspected and maintained to operate effectively and to prevent discharges under all reasonably foreseeable use conditions. Storage containers and appurtenances shall comply with this section, and shall be located within a secondary containment structure if required under s. ATCP 33.40.

ATCP 33.20(1)(b) (b) Storage containers and appurtenances shall be designed, constructed, inspected and maintained to resist corrosion, puncture and cracking.

ATCP 33.20(1)(c) (c) Materials used to construct or repair storage containers and appurtenances may not react chemically or electrolytically with stored fertilizer or pesticide in a way that may weaken the storage container or appurtenance, create a risk of discharge, or adulterate the fertilizer or pesticide.

ATCP 33.20(1)(d) (d) Metals used for storage container valves, fittings or repairs shall be compatible with other metals in the storage container, so that the combination of metals does not cause corrosion or electrolytic reactions that may weaken the storage container or its appurtenances, or create a risk of discharge.

ATCP 33.20(1)(e) (e) Storage containers and appurtenances shall be designed, constructed and maintained to hold fertilizer or pesticide of the highest specific gravity that may be stored in the containers.

ATCP 33.20(1)(f) (f) Bladder tanks, tank-in-tanks and field-erected storage containers shall be all of the following:

ATCP 33.20(1)(f)1. 1. Designed and constructed according to API 650, and certified for compliance by the manufacturer, if the structure is installed, constructed or substantially altered after November 1, 2006. API 650 calculations shall be based on the highest specific gravity of fertilizer or pesticide that may be stored in the container.

ATCP 33.20(1)(f)2. 2. Inspected before use, and at least once every 5 years during use, by an API 653-certified inspector for compliance with API 653. The storage container shall be inspected more frequently if recommended by an API 653-certified inspector. API 653 calculations shall be based on the highest specific gravity of fertilizer or pesticide that may be stored in the container.

ATCP 33.20(1)(f)3. 3. Repaired, when necessary, according to API 653 and the recommendations of an API 653-certified inspector.

ATCP 33.20 Note Note: Copies of API 650 and 653 are on file with the department and the legislative reference bureau. Copies may be purchased from the American Petroleum Institute at 1220 L Street NW, Washington DC 20005-4070, telephone [phone], or the following web address: www.api.org.

ATCP 33.20(2) (2) Appurtenances.

ATCP 33.20(2)(a) (a) Every storage container connection, except a safety relief connection, shall be equipped with a shutoff valve located on the storage container or at a distance from the storage container dictated by standard engineering practice.

ATCP 33.20(2)(b) (b) On pesticide storage containers other than mini-bulk containers or containers used to store sodium hypochlorite, all wetted parts inside shutoff valves and all connections between storage containers and shutoff valves shall be made of stainless steel.

ATCP 33.20 Note Note: The department may grant a variance authorizing alternative materials that provide equivalent protection for waters of the state. See s. ATCP 33.02.

ATCP 33.20(2)(c) (c) Pipes, fittings and other appurtenances shall be permanently supported to prevent sagging and breakage that may be caused by gravity, vibration or other forces that may be encountered in the ordinary course of operations. To prevent sagging and breakage, piping and its supports shall be able to support 250 pounds.

ATCP 33.20(2)(d) (d) An operator shall do all of the following at least annually:

ATCP 33.20(2)(d)1. 1. Inspect and pressure test appurtenances installed below ground, within or beneath a mixing and loading pad, or within or beneath a secondary containment structure. The operator shall maintain the appurtenances as necessary, to keep them pressure-tight, and shall keep a written record of the pressure test results.

ATCP 33.20(2)(d)2. 2. Inspect and test, for liquid-tightness, every joint through which a pipe extends through a secondary containment structure.

ATCP 33.20(2)(e) (e) An appurtenance may not be installed below ground, within or beneath a mixing and loading pad, within or beneath a secondary containment structure, or through any wall or floor of a secondary containment structure, on or after November 1, 2006.

ATCP 33.20(2)(f) (f) Piping connections shall be one of the following:

ATCP 33.20(2)(f)1. 1. Threaded, welded, fused or permanently band-clamped.

ATCP 33.20(2)(f)2. 2. Located over a mixing and loading pad that complies with s. ATCP 33.30.

ATCP 33.20(2)(f)3. 3. Located within a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.20(3) (3) Liquid level gauging devices.

ATCP 33.20(3)(a) (a) If a storage container is equipped with a liquid level gauging device, the device shall be designed for safe and reliable use.

ATCP 33.20(3)(b) (b) An external sight gauge may not be used on a pesticide storage container, other than on a mobile container mounted on pesticide application equipment.

ATCP 33.20(3)(c) (c) If an external sight gauge is used on a fertilizer storage container, the sight gauge shall comply with the all of the following:

ATCP 33.20(3)(c)1. 1. The sight gauge shall be equipped with a valve that can stop the flow of liquid fertilizer from the storage container to the sight gauge. The valve shall be closed when the sight gauge is not in use.

ATCP 33.20(3)(c)2. 2. The sight gauge tube shall be secured to the storage container at intervals of no more than 10 feet.

ATCP 33.20(4) (4) Prohibited materials; fertilizer storage containers. Fertilizer storage containers shall comply with all of the following:

ATCP 33.20(4)(a) (a) Storage containers and appurtenances used to store nitrogen solutions may not be constructed of copper, brass, zinc, or copper base alloys.

ATCP 33.20(4)(b) (b) Storage containers and appurtenances used to store liquid fertilizers containing phosphates or chlorides may not be constructed of aluminum or aluminum alloys.

ATCP 33.20(4)(c) (c) Storage containers and appurtenances used to store low pH liquid fertilizers may not be constructed of ferrous materials other than stainless steel, unless the materials are coated or treated with protective substances that effectively inhibit corrosion.

ATCP 33.20(4)(d) (d) Storage containers and appurtenances used to store phosphoric acid may not be constructed of ferrous materials other than 316 or 317 stainless steel unless the container is lined with a substance to prevent corrosion.

ATCP 33.20(4)(e) (e) Storage containers and appurtenances used to store liquid fertilizers containing potassium chloride (potash) may not be constructed of ferrous materials other than stainless steel unless one of the following applies:

ATCP 33.20(4)(e)1. 1. The storage containers and appurtenances are lined, coated or treated with protective substances that effectively inhibit corrosion.

ATCP 33.20(4)(e)2. 2. The storage containers and appurtenances are used for storage periods of not more than 6 months each, and are completely emptied, cleaned and inspected for leaks and corrosion before being refilled for any subsequent storage period.

ATCP 33.20(5) (5) Prohibited materials; pesticide storage containers.

ATCP 33.20(5)(a) (a) Pesticide storage containers and appurtenances may not be made of polyvinyl chloride unless they are used only to store sodium hypochlorite.

ATCP 33.20(5)(b) (b) Pesticide storage containers and appurtenances may not be made of ferrous metals unless one of the following applies:

ATCP 33.20(5)(b)1. 1. The storage containers and appurtenances are made of stainless steel.

ATCP 33.20(5)(b)2. 2. The storage containers and appurtenances have a protective lining that prevents corrosion and does not react chemically with the stored pesticide.

ATCP 33.20(5)(b)3. 3. The storage containers and appurtenances are used only to store non-corrosive wood preservatives.

ATCP 33.20(6) (6) Anchoring storage containers.

ATCP 33.20(6)(a) (a) Except as provided in par. (b), storage containers shall be anchored to prevent flotation or instability that may result from liquid accumulation within a secondary containment structure. Anchors shall be independent of secondary containment structures and mixing and loading pads, except that anchor plates may be embedded in portland cement concrete floors of secondary containment structures if the anchor plates and the concrete floors are designed to withstand the flotation and wind stresses placed on them.

ATCP 33.20 Note Note: Anchors located in soil outside the secondary containment structure do not place any added stress on the structure or its construction. It is possible to design anchor plates for the floors of a portland cement concrete secondary containment structure to withstand anchor stresses, but similar designs for walls are usually inadequate or cost-prohibitive.

ATCP 33.20(6)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 33.20(6)(b)1. 1. A storage container located in a secondary containment structure that complies with s. ATCP 33.42, if it is the only storage container located in that secondary containment structure.

ATCP 33.20(6)(b)2. 2. A tank-in-tank that complies with s. ATCP 33.44 (9) or a bladder tank that complies with s. ATCP 33.44 (10), unless located in a secondary containment structure with other storage containers.

ATCP 33.20(7) (7) Security.

ATCP 33.20(7)(a) (a) Except as provided in par. (b), an operator shall secure each storage container and its appurtenances by doing at least one of the following:

ATCP 33.20(7)(a)1. 1. Keeping the storage container and appurtenances in a locked building.

ATCP 33.20(7)(a)2. 2. Locking all valves on the storage container and appurtenances.

ATCP 33.20(7)(a)3. 3. Keeping the storage container and appurtenances in a locked outdoor enclosure that complies with par. (c).

ATCP 33.20(7)(b) (b) Paragraph (a) does not apply if any of the following apply:

ATCP 33.20(7)(b)1. 1. The operator or employees are present at the storage facility.

ATCP 33.20(7)(b)2. 2. The storage container and its appurtenances are empty and thoroughly cleaned. Thorough cleaning, in the case of a pesticide storage container and its appurtenances, means removal of pesticide residues from exterior surfaces and triple rinsing of interior surfaces. Triple rinsing of interior surfaces is not required if a manufacturer-installed device prevents the container from being opened.

ATCP 33.20(7)(c) (c) An enclosure under par. (a) 3. shall consist of a secure wall or fence that is at least 5 feet tall at every point, and free of gaps that could allow unauthorized persons to enter. Security fencing installed on a concrete secondary containment structure wall shall comply with chapter 2 of the Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005), if the secondary containment structure is constructed after November 1, 2006.

ATCP 33.20 Note Note: The Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005), written by Professor David W. Kammel, department of biological systems engineering, University of Wisconsin-Extension, is on file with the department and the legislative reference bureau. Copies are available from the department, free of charge, at the following address:

ATCP 33.20 Note Department of Agriculture, Trade and Consumer Protection

ATCP 33.20 Note Agricultural Resource Management Division

ATCP 33.20 Note P.O. Box 8911