Chapter ATCP 33

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

ATCP 33.20 Note Madison, WI 53708-8911

ATCP 33.20 Note Phone: [phone]

ATCP 33.20 Note Web: https://datcp.wi.gov/Pages/Homepage.aspx

ATCP 33.20(8) (8) Storage containers protected from moving vehicles. An operator shall protect storage containers and appurtenances against damage that may be caused by moving vehicles.

ATCP 33.20(9) (9) Filling storage containers. An operator may not fill a storage container to more than 95% of capacity unless the storage container is one of the following:

ATCP 33.20(9)(a) (a) Kept at a constant temperature.

ATCP 33.20(9)(b) (b) A mini–bulk container that is not filled beyond the maximum capacity shown on the container.

ATCP 33.20(10) (10) Labeling storage containers.

ATCP 33.20(10)(a) (a) An operator shall label each fertilizer storage container, other than a mobile container, with the name or grade of fertilizer that it contains. Label contents shall be visible from outside the secondary containment structure in which the storage container is located.

ATCP 33.20(10)(b) (b) An operator shall label each pesticide storage container in compliance with the federal insecticide, fungicide and rodenticide act as amended (7 USC 136 to 136y) and regulations issued under that act. Label contents shall be visible from outside the secondary containment structure in which the storage container is located. The label on each pesticide storage container shall include the federal pesticide producing establishment number of the establishment that produced the pesticide. The label on a pesticide bulk sale container shall show the net contents of the container.

ATCP 33.20 Note Note: A storage facility at which an operator repackages pesticide for sale or distribution from a storage container to mini–bulk or other containers is considered a “pesticide producing establishment” under the federal act. The operator of that storage facility must obtain a pesticide producing establishment number from the federal environmental protection agency, and must include that establishment number on every mini–bulk or other container filled at that storage facility. Mini-bulk containers must be properly labeled, regardless of whether they are mobile containers.

ATCP 33.20 Note Whenever an operator sells pesticide from a storage container, the operator must supply the purchaser with the pesticide labeling required under ss. 94.676 and 94.70, Stats.

ATCP 33.20(11) (11) Venting pesticide storage containers. Every pesticide storage container, other than a mobile container or a container used only to store wood preservative, shall have a conservation vent that opens and closes within the designed pressure limits of the container to relieve excess pressure, prevent evaporative losses, and keep precipitation out of the container.

ATCP 33.20(12) (12) Underground storage prohibited. No person may store bulk liquid fertilizer, bulk liquid pesticide, or any material recovered under s. ATCP 33.52, below ground level, except in a storage container that is located in a secondary containment structure.

ATCP 33.20(13) (13) Inspecting and maintaining storage containers. An operator shall, at least semi-annually, inspect and maintain each storage container and its appurtenances to minimize the risk of a discharge. Whenever an operator repairs a storage container, the operator shall make the repair according to good engineering practice and manufacturer specifications. An operator shall remove a storage container from service if it cannot be adequately maintained.

ATCP 33.20(14) (14) Abandoning storage containers.

ATCP 33.20(14)(a) (a) An operator shall do all of the following to an abandoned storage container:

ATCP 33.20(14)(a)1. 1. Thoroughly clean and rinse the storage container.

ATCP 33.20(14)(a)2. 2. Remove any storage container appurtenances.

ATCP 33.20(14)(a)3. 3. Remove the storage container if the storage container is an underground storage container. A sump that has a capacity of more than 50 gallons is considered an underground storage container for this purpose. The operator shall notify the department at least 3 business days before the operator removes an underground storage container, and shall permit the department to take soil samples upon request.

ATCP 33.20(14)(b) (b) An operator shall comply with par. (a) within 2 years after a storage container is abandoned, except that:

ATCP 33.20(14)(b)1. 1. If the storage container was abandoned prior to November 1, 2006, the operator shall comply with par. (a) within 2 years of November 1, 2006.

ATCP 33.20(14)(b)2. 2. If the storage container is abandoned under par. (c) 4., the operator shall comply with par. (a) before the closing date for the sale of the storage container site unless the purchaser agrees to comply with par. (a) within 2 years after the abandonment date under par. (c) 4.

ATCP 33.20(14)(c) (c) A storage container is abandoned, for purposes of this subsection, if any of the following apply:

ATCP 33.20(14)(c)1. 1. The operator removes the storage container from service, with the intent of doing so permanently.

ATCP 33.20(14)(c)2. 2. The storage container is out of service for more than 6 months because of a weakness or leak.

ATCP 33.20(14)(c)3. 3. The storage container is out of service for more than 2 years for any reason.

ATCP 33.20(14)(c)4. 4. The operator contracts to sell the storage container site to a person who is not an operator.

ATCP 33.20 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 14-047: am. (7) (c) Register May 2015 No. 713, eff. 6-1-15.

ATCP 33.22 ATCP 33.22 Dry fertilizer or pesticide storage structures.

ATCP 33.22(1) (1) General. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be designed, constructed, inspected and maintained to withstand the pressure of stored product, to prevent discharges, and to prevent precipitation from contacting stored product.

ATCP 33.22(2) (2) Indoor storage required. An operator shall store dry bulk fertilizer and dry bulk pesticide on a portland cement concrete surface in a fully enclosed building, except that the operator may store the following products outdoors:

ATCP 33.22(2)(a) (a) Products that are fully enclosed in durable sealed weatherproof packages or containers.

ATCP 33.22(2)(b) (b) Potassium chloride, or another fertilizer product specifically authorized in writing by the department, if all of the following apply:

ATCP 33.22(2)(b)1. 1. The product is stored on an asphalt concrete or portland cement concrete surface that will contain any precipitation runoff that may come in contact with the stored product.

ATCP 33.22(2)(b)2. 2. The product is fully covered by a waterproof cover that prevents exposure to precipitation.

ATCP 33.22(3) (3) Removing product from storage structure. An operator shall remove all bulk fertilizer and bulk pesticide from a dry bulk fertilizer or dry bulk pesticide storage structure if any of the following apply:

ATCP 33.22(3)(a) (a) The structure is no longer used to store dry bulk fertilizer or dry bulk pesticide.

ATCP 33.22(3)(b) (b) The operator transfers ownership of the structure to a person who is not an operator.

ATCP 33.22(3)(c) (c) The department orders the removal or demolition of the storage structure, as part of a discharge cleanup under ch. ATCP 35.

ATCP 33.22(3)(d) (d) The operator fails to maintain the structure according to sub. (1).

ATCP 33.22(4) (4) Security. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be secured against access by unauthorized persons when the operator is not present at the storage facility.

ATCP 33.22(5) (5) Labeling storage bins and containers.

ATCP 33.22(5)(a) (a) An operator shall label every storage bin and container used to store dry bulk fertilizer or dry bulk pesticide.

ATCP 33.22(5)(b) (b) A fertilizer label under par. (a) shall include the name or grade of the fertilizer, as required by s. 94.64 (2) (d), Stats.

ATCP 33.22(5)(c) (c) A pesticide label under par. (a) shall comply with the federal insecticide, fungicide and rodenticide act as amended (7 USC 136 to 136y) and regulations issued under that act. The label shall include the identification number of the pesticide producing establishment from which the pesticide originated.

ATCP 33.22 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

subch. IV of ch. ATCP 33 Subchapter IV — Mixing and Loading Pads

ATCP 33.30 ATCP 33.30 Mixing and loading pads required.

ATCP 33.30(1) (1) Except as provided in s. ATCP 33.32 (8) or (9) or s. ATCP 33.34 (6), all handling of bulk fertilizer or bulk pesticide at a storage facility shall be conducted over a mixing and loading pad.

ATCP 33.30(2) (2) A mixing and loading pad shall be constructed and maintained to catch, contain and allow recovery of reasonably foreseeable discharges that may result from the handling of the bulk fertilizer or pesticide.

ATCP 33.30 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.32 ATCP 33.32 Mixing and loading pad for liquid products. Except as provided in sub. (8) or (9), a mixing and loading pad used for liquid fertilizer or pesticide shall comply with all of the following:

ATCP 33.32(1) (1) Pump containment. A mixing and loading pad shall extend beneath any pump that the operator uses to transfer liquid fertilizer or pesticide, unless the pump is located within a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.32(2) (2) Appurtenance containment. A mixing and loading pad shall extend beneath any appurtenance or plumbing connection through which the operator transfers liquid fertilizer or pesticide, unless one of the following applies:

ATCP 33.32(2)(a) (a) The appurtenance or connection is located within a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.32(2)(b) (b) The appurtenance or connection is threaded, welded or permanently band-clamped.

ATCP 33.32(3) (3) Design, construction and maintenance; general. A mixing and loading pad shall comply with all of the following requirements:

ATCP 33.32(3)(a) (a) It shall be liquid-tight.

ATCP 33.32(3)(b) (b) It shall have the capacity required in sub. (4).

ATCP 33.32(3)(c) (c) It shall be constructed of materials specified in sub. (5).

ATCP 33.32(3)(d) (d) It shall be served by a pump and storage container that comply with s. ATCP 33.50.

ATCP 33.32(3)(e) (e) If it drains to a sump, the sump shall comply with s. ATCP 33.36.

ATCP 33.32(3)(f) (f) It shall be designed, constructed and maintained to withstand all foreseeable load conditions, including the filled weight of all vehicles, storage containers, appurtenances, pumps and equipment that may be used or located within it.

ATCP 33.32(3)(g) (g) It shall be protected against precipitation runoff from surrounding surfaces.