Chapter ATCP 33

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.

ATCP 33.32(3)(h) (h) It may not have any precipitation drain through which spilled fertilizer or pesticide could be discharged. Any precipitation drain that exists on November 1, 2006 shall be permanently sealed within 6 months after that date.

ATCP 33.32(3)(i) (i) It shall be inspected and maintained as provided in subs. (6) and (7).

ATCP 33.32(4) (4) Capacity. The capacity of a mixing and loading pad under this section, including the capacity of any sump to which the mixing and loading pad drains, shall be at least 1,000 gallons or 125 percent of the capacity of the largest storage container loaded or unloaded at the storage facility, whichever is less. This subsection does not apply to a mixing and loading pad that was in use prior to November 1, 2006 and complies with capacity requirements that were in effect at that time, unless the operator substantially alters the mixing and loading pad.

ATCP 33.32(5) (5) Construction materials. A mixing and loading pad shall be constructed of portland cement concrete. A portland cement concrete mixing and loading pad constructed on or after November 1, 2006 shall meet the standards specified in chapters 5 and 6 of the Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005).

ATCP 33.32 Note Note: The Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005) were written by Professor David W. Kammel of the department of biological systems engineering, University of Wisconsin-Extension. Copies are on file with the department and the legislative reference bureau. Copies are available from the department, at no charge, at the following address:

ATCP 33.32 Note Department of Agriculture, Trade and Consumer Protection

ATCP 33.32 Note Agricultural Resource Management Division

ATCP 33.32 Note P.O. Box 8911

ATCP 33.32 Note Madison, WI 53708-8911

ATCP 33.32 Note Phone: [phone]

ATCP 33.32 Note Web: http://https://datcp.wi.gov/Pages/Homepage.aspx

ATCP 33.32(6) (6) Construction inspection. If a concrete mixing and loading pad is constructed on or after November 1, 2006, the operator or a person chosen by the operator shall inspect the construction for conformity to the design specifications filed with the department under s. ATCP 33.10 (1). The person conducting the inspection shall inspect and approve the construction of the soil sub-base, the laying of structural steel, and the laying of waterstop materials and devices before concrete is poured. The operator shall provide a copy of the inspection report and approval to the department.

ATCP 33.32 Note Note: The department recommends that construction inspection be performed by a qualified person experienced in reading plans and inspecting construction.

ATCP 33.32(7) (7) Inspection and maintenance.

ATCP 33.32(7)(a) (a) An operator shall inspect a mixing and loading pad at least semi-annually, and shall maintain the mixing and loading pad as necessary, to ensure compliance with this section.

ATCP 33.32(7)(b) (b) Whenever an operator repairs a mixing and loading pad, the operator shall make the repair according to good engineering practice and manufacturer specifications, using materials approved by the department.

ATCP 33.32(7)(c) (c) An operator shall remove a mixing and loading pad if the operator cannot maintain it in compliance with this section, or if corrective action is needed to remove contamination from beneath the pad. An operator shall remove a leaking mixing and loading pad unless the pad is repaired and remains liquid-tight for at least 2 years after the date of repair.

ATCP 33.32(8) (8) Pumping liquid products from rail cars. Section ATCP 33.30 and subs. (1) through (7) do not apply to the pumping of liquid bulk fertilizer or liquid bulk pesticide from a rail car to a storage container, provided that all of the following apply:

ATCP 33.32(8)(a) (a) The hose or pipeline from the rail car outlet valve to the pump is equipped with a shut-off valve, unless the pump can draw from no other hose or pipeline.

ATCP 33.32(8)(b) (b) The hose or pipeline from the pump to the storage container is equipped with an automatic check valve to prevent back flow. The check valve shall be located as close to the pump effluent port as possible, consistent with good engineering practice.

ATCP 33.32(8)(c) (c) All of the following are located over one or more spill containment basins that comply with par. (d):

ATCP 33.32(8)(c)1. 1. The rail car outlet valve.

ATCP 33.32(8)(c)2. 2. The pump.

ATCP 33.32(8)(c)3. 3. Every valve or plumbing connection that is located between the rail car outlet valve and the storage container, unless the valve or plumbing connection is threaded, welded, fused or permanently band-clamped.

ATCP 33.32(8)(d) (d) Every containment basin under par. (c) is liquid-tight, and is constructed of durable rigid material that is chemically compatible with any liquid that may be discharged to it. The basin shall have a capacity of at least 75 gallons, or a capacity at least equal to the capacity of the appurtenances that may discharge to it, whichever is greater. A containment basin may be permanent or portable. The operator shall routinely inspect and maintain the basin to ensure compliance with this paragraph.

ATCP 33.32(8)(e) (e) If the operator pumps the fertilizer or pesticide from the rail car to another mobile container, the other mobile container is parked on a mixing and loading pad that complies with this section.

ATCP 33.32(9) (9) Loading liquid bulk pesticide into anhydrous ammonia nurse tank. Section ATCP 33.30 and subs. (1) through (7) do not apply to the loading of liquid bulk pesticide into an anhydrous ammonia nurse tank if all of the following apply:

ATCP 33.32(9)(a) (a) The operator loads the bulk pesticide from a storage container that is located over a mixing and loading pad that complies with this section, or over a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.32(9)(b) (b) The operator uses a positive displacement pump to transfer the pesticide to the anhydrous ammonia nurse tank. The pump shall be located over a mixing and loading pad that complies with this section, or over a secondary containment structure that complies with s. ATCP 33.42. The pump shall be rated to deliver no more than 3 gallons per minute at a pressure of no more than 250 psi. The pump shall be equipped for manual shutdown, in addition to automatic shutdown under par. (c) 2.

ATCP 33.32(9)(c) (c) The pump under par. (b) is equipped with electronic controls that do all of the following:

ATCP 33.32(9)(c)1. 1. Prevent pump operation until the operator manually pre-sets the pumping volume and engages a separate manual starter switch.

ATCP 33.32(9)(c)2. 2. Automatically stop the pump when the pre-set volume has been pumped.

ATCP 33.32(9)(d) (d) The hose from the pump to the anhydrous ammonia nurse tank meets all of the following requirements:

ATCP 33.32(9)(d)1. 1. It is no longer than 12 feet and has an inside diameter of not more than 1/2 inch.

ATCP 33.32(9)(d)2. 2. It has a rated operating pressure of at least 1,200 psi with a burst strength of at least 5,000 psi.

ATCP 33.32(9)(d)3. 3. It has a check valve near its nurse tank end, and a manually operated valve and coupling to connect it to the nurse tank.

ATCP 33.32(9)(e) (e) The operator tests the connection between the hose and nurse tank before loading pesticide into the nurse tank, to ensure that the connection does not leak.

ATCP 33.32 Note Note: The most common pesticide products loaded into anhydrous ammonia are nitrapyrin based products.

ATCP 33.32 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 14-047: am. (5) (a), r. (5) (b) Register May 2015 No. 713, eff. 6-1-15; renum. (5) (a) to (5) under s. 13.92 (4) (b) 1., Stats., Register May 2015 No. 6-1-15.

ATCP 33.34 ATCP 33.34 Mixing and loading pad for dry products. Except as provided in sub. (6), a mixing and loading pad used for dry fertilizer or pesticide shall comply with all of the following:

ATCP 33.34(1) (1) Conveyor containment. A mixing and loading pad shall extend beneath any conveyor used to load or unload dry bulk fertilizer or dry bulk pesticide, unless the conveyor is fully enclosed within a housing that contains all spillage from the conveyor.

ATCP 33.34 Note Note: Section ATCP 33.62 requires that the unloading chute or conveyor be equipped with a dust control system or device to further minimize the risk of discharge.

ATCP 33.34(2) (2) Portland cement or asphalt concrete construction. A mixing and loading pad shall be constructed of portland cement or asphalt concrete.

ATCP 33.34(3) (3) Structural capability. A mixing and loading pad shall be designed, constructed and maintained to withstand all foreseeable load conditions, including the filled weight of all vehicles, application equipment or other equipment that may be used or located on it.

ATCP 33.34(4) (4) Mixing and loading pad inspection and maintenance. An operator shall inspect a mixing and loading pad at least semi-annually, and shall maintain the mixing and loading pad as necessary, to ensure compliance with this section. Whenever an operator repairs a mixing and loading pad, the operator shall make the repair according to good engineering practice and manufacturer specifications.

ATCP 33.34(5) (5) Mixing and loading pad removal. An operator shall remove a mixing and loading pad if the operator cannot maintain it in compliance with this section, or if corrective action is needed to remove contamination from beneath the pad.

ATCP 33.34(6) (6) Unloading dry fertilizer from rail cars. Section ATCP 33.30 and subs. (1) through (5) do not apply to the unloading of dry bulk fertilizer from bottom-unloading rail cars, provided that the operator unloads the fertilizer over a fixed or portable containment basin or a portland cement or asphalt concrete pad. The containment basin shall be made of durable rigid material, and shall effectively contain any dry fertilizer that may be discharged during the unloading process. The operator shall routinely inspect and maintain the containment basin or pad to ensure compliance with this paragraph.

ATCP 33.34 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 14-047: consol. (6) (intro.) and (a) and renum. to (6) and am., r. (6) (b) Register May 2015 No. 713, eff. 6-1-15; correction in (3) under s. 35.17, Stats. Register May 2015 No. 713.