Chapter ATCP 33

ATCP 33.38(2)(b) (b) The sump does not receive runoff from any mixing and loading pad or secondary containment structure that is constructed or substantially altered on or after November 1, 2006.

ATCP 33.38(2)(c) (c) The sump meets construction standards that applied at the time of its construction.

ATCP 33.38(2)(d) (d) The operator pressure tests any underground piping or conduit connected to the sump to ensure that the piping or conduit is liquid-tight. The operator shall perform a pressure test at least annually and shall keep a written record of the pressure test results.

ATCP 33.38 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 14-047: am. (1) (a) Register May 2015 No. 713, eff. 6-1-15.

subch. VI of ch. ATCP 33 Subchapter VI — Secondary Containment Structures

ATCP 33.40 ATCP 33.40 Secondary containment required.

ATCP 33.40(1) (1) General. Except as provided in sub. (2), all of the following shall be located within a secondary containment structure that complies with s. ATCP 33.42:

ATCP 33.40(1)(a) (a) Storage containers.

ATCP 33.40(1)(b) (b) Storage container shut-off valves under s. ATCP 33.20 (2) (a).

ATCP 33.40(1)(c) (c) Liquid level gauging devices under s. ATCP 33.20 (3).

ATCP 33.40(2) (2) Exempt storage containers. No secondary containment is required under sub. (1) for any of the following:

ATCP 33.40(2)(a) (a) An empty storage container that has been thoroughly cleaned and rinsed. A pesticide container is thoroughly cleaned and rinsed if all exterior surfaces of the container are free of pesticide residues and all inside surfaces are triple rinsed.

ATCP 33.40(2)(b) (b) A mobile container kept at a storage facility for fewer than 7 days if all of the following apply:

ATCP 33.40(2)(b)1. 1. Loading and unloading of the mobile container complies with ss. ATCP 33.30 and 33.32.

ATCP 33.40(2)(b)2. 2. The storage facility has at least one storage container that has unused capacity greater than the total capacity of the mobile container.

ATCP 33.40(2)(c) (c) A mini-bulk container if the exterior surfaces of the mini-bulk container are clean and one of the following applies:

ATCP 33.40(2)(c)1. 1. The mini-bulk container is triple rinsed.

ATCP 33.40(2)(c)2. 2. The mini-bulk container is equipped with a device to prevent the container from being triple rinsed.

ATCP 33.40(2)(d) (d) An abandoned storage container if the operator complies with s. ATCP 33.20 (14).

ATCP 33.40 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.42 ATCP 33.42 Secondary containment structures; standards. A secondary containment structure required under s. ATCP 33.40 (1) shall comply with all of the following requirements:

ATCP 33.42(1) (1) Construction standards; general.

ATCP 33.42(1)(a) (a) A secondary containment structure shall take one of the forms authorized in s. ATCP 33.44.

ATCP 33.42(1)(b) (b) A secondary containment structure shall be designed, constructed and maintained to contain potential discharges of liquid fertilizer or pesticide from storage containers and appurtenances located within the structure.

ATCP 33.42(1)(c) (c) A secondary containment structure shall have the capacity required in sub. (2). An operator shall notify the department at least 7 business days before installing an additional storage container in a secondary containment structure, or replacing an existing storage container in a secondary containment structure with a larger storage container.

ATCP 33.42(1)(d) (d) A secondary containment structure shall comply with applicable wall height requirements in sub. (3).

ATCP 33.42(1)(e) (e) A secondary containment structure shall be designed, constructed and maintained to do all of the following:

ATCP 33.42(1)(e)1. 1. Withstand the full hydrostatic head of any liquid discharged within the structure.

ATCP 33.42(1)(e)2. 2. Prevent liquid in the structure from moving to groundwater or other waters of the state.

ATCP 33.42(1)(f) (f) A secondary containment structure shall have a coefficient of permeability of not more than 1x10-6 cm/sec.

ATCP 33.42(1)(g) (g) A secondary containment structure shall be designed to withstand the filled weight of all storage containers, appurtenances, pumps and equipment that may be used or located within it.

ATCP 33.42(1)(h) (h) A secondary containment structure may not have any opening through which precipitation or other liquids may drain from the structure. This paragraph does not apply to any of the following:

ATCP 33.42(1)(h)1. 1. A tank-in-tank that complies with s. ATCP 33.44 (9).

ATCP 33.42(1)(h)2. 2. A bladder tank that complies with s. ATCP 33.44 (10).

ATCP 33.42(1)(h)3. 3. An opening for a pipe that extends through the wall of a secondary containment structure constructed prior to November 1, 2006, provided that the operator complies with s. ATCP 33.20 (2) (d) 2. or the secondary containment structure has adequate containment capacity as required under sub. (2) below the level of the opening.

ATCP 33.42(2) (2) Capacity.

ATCP 33.42(2)(a) (a) The capacity of a secondary containment structure, including all portions of the structure to which a liquid may freely flow, shall be at least equal to the sum of all the following:

ATCP 33.42(2)(a)1. 1. One hundred and twenty five percent of the capacity of the largest storage container in the secondary containment structure if the secondary containment structure is not fully enclosed in a building, or 110% of the capacity of the largest storage container in the secondary containment structure if the secondary containment structure is enclosed in a building.

ATCP 33.42(2)(a)2. 2. The total volume of discharged liquid that would be displaced by the submerged portions of all other storage containers, fixtures and materials located within the secondary containment structure, if the structure were filled to capacity with discharged liquid.

ATCP 33.42(2)(b) (b) Paragraph (a) does not apply to a bladder tank that complies with s. ATCP 33.44 (10).

ATCP 33.42(3) (3) Wall height.

ATCP 33.42(3)(a) (a) Except as provided in pars. (b) to (d), a secondary containment structure shall have walls at least 4 inches high but not more than 4 feet high, measured from the interior floor of the secondary containment structure.

ATCP 33.42(3)(b) (b) Paragraph (a) does not apply to an earthen-lined structure that complies with s. ATCP 33.44 (6), a tank-in-tank that complies with s. ATCP 33.44 (9), or a bladder tank that complies with s. ATCP 33.44 (10).

ATCP 33.42(3)(c) (c) A secondary containment structure that was in use prior to November 1, 2006 may have walls more than 4 feet high if the structure provides safe access to storage containers and appurtenances, and a safe exit in the event of a discharge.

ATCP 33.42(3)(d) (d) A secondary containment structure that was in use prior to November 1, 2006 may have walls less than 4 inches high, provided that the structure meets the capacity requirements in sub. (2).

ATCP 33.42(4) (4) Storage container location.

ATCP 33.42(4)(a) (a) Except as provided in par. (b), all storage containers in a secondary containment structure shall be located at least 24 inches from the walls of the structure and at least 24 inches from each other.

ATCP 33.42(4)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 33.42(4)(b)1. 1. Storage containers installed in a secondary containment structure constructed prior to November 1, 2006.

ATCP 33.42(4)(b)2. 2. Bladder tanks.

ATCP 33.42(4)(b)3. 3. Mini-bulk containers.

ATCP 33.42(5) (5) Inspection and maintenance. An operator shall do all of the following:

ATCP 33.42(5)(a) (a) Routinely inspect and maintain a secondary containment structure to ensure compliance with this subchapter.

ATCP 33.42(5)(b) (b) Repair a secondary containment structure, when necessary, according to good engineering practice and manufacturer specifications.

ATCP 33.42(5)(c) (c) Remove a secondary containment structure if the operator cannot maintain it in compliance with this subchapter, or if corrective action is needed to remove contamination from beneath the structure. An operator shall remove a leaking secondary containment structure unless the structure is repaired and remains liquid-tight for at least 2 years after the date of repair.

ATCP 33.42(6) (6) Liquid pesticide stored with other materials.

ATCP 33.42(6)(a) (a) Except as provided in par. (b), only the following materials may be stored in the same secondary containment structure with liquid bulk pesticide:

ATCP 33.42(6)(a)1. 1. Other liquid pesticides.

ATCP 33.42(6)(a)2. 2. Pesticide diluting agents.

ATCP 33.42(6)(a)3. 3. Pesticide rinsate.

ATCP 33.42(6)(a)4. 4. Empty pesticide containers.

ATCP 33.42(6)(a)5. 5. Recovered pesticide discharges.

ATCP 33.42(6)(b) (b) Liquid bulk pesticide may be stored in the same secondary containment structure with bulk fertilizer or dry bulk pesticide if either of the following applies:

ATCP 33.42(6)(b)1. 1. The secondary containment structure contains only mini-bulk or mobile storage containers, or both.

ATCP 33.42(6)(b)2. 2. The secondary containment structure is located within a fully enclosed building.

ATCP 33.42 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.44 ATCP 33.44 Secondary containment structures; forms of construction. A secondary containment structure shall take one of the forms authorized in this section.

ATCP 33.44(1) (1) Concrete structures.

ATCP 33.44(1)(a) (a) A secondary containment structure may be constructed of concrete.

ATCP 33.44(1)(b) (b) A concrete secondary containment structure constructed on or after November 1, 2006 shall be constructed of portland cement concrete and shall comply with 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 33.44 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 free of charge from the department at the following address:

ATCP 33.44 Note Department of Agriculture, Trade and Consumer Protection

ATCP 33.44 Note Agricultural Resource Management Division

ATCP 33.44 Note P.O. Box 8911

ATCP 33.44 Note Madison, WI 53708-8911

ATCP 33.44 Note Phone: [phone]

ATCP 33.44 Note Web: https://datcp.wi.gov/Pages/Homepage.aspx

ATCP 33.44(1)(c) (c) If a concrete secondary containment structure 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 33.44 Note Note: The department recommends that construction inspection be performed by a qualified person experienced in reading plans and inspection construction.

ATCP 33.44(3) (3) Structures with synthetic liners. A secondary containment structure may be constructed of earth or other materials if the structure is fully lined with a synthetic liner and all of the following apply:

ATCP 33.44(3)(a) (a) The operator installs the liner and tests liner seams according to manufacturer specifications. A qualified representative of the liner manufacturer shall perform or supervise the installation and testing.

ATCP 33.44(3)(b) (b) The liner is at least 30 mils (0.8 millimeter) thick.

ATCP 33.44(3)(c) (c) The manufacturer certifies in writing that the liner is chemically compatible with all fertilizers or pesticides that the operator may store within the secondary containment structure. The operator may not store, within the liner, any fertilizer, pesticide or chemical for which the liner is not certified.

ATCP 33.44(3)(d) (d) The liner manufacturer guarantees liner effectiveness until a date specified by the manufacturer. The operator may not use the liner beyond that date unless the operator conducts an inspection of the liner within the first year after that date, and at least once every 5 years thereafter. Each inspection shall comply with all of the following requirements:

ATCP 33.44(3)(d)1. 1. The operator shall remove all gravel and geotextile from those portions of the liner that are not covered by storage containers, and shall inspect those portions of the liner.

ATCP 33.44(3)(d)2. 2. The operator shall remove a storage container, and inspect those portions of the liner that were covered by the storage container, if an inspection under subd. 1. discloses a problem that extends under the storage container.

ATCP 33.44(3)(d)3. 3. A department inspector shall attend the inspection.

ATCP 33.44(3)(e) (e) The operator repairs and maintains the liner and seams, as necessary, to ensure that the liner complies with this subsection and remains effective. The operator shall perform repairs according to manufacturer specifications. A qualified representative of the liner manufacturer shall perform or personally supervise each repair.

ATCP 33.44(3)(f) (f) The liner rests on one of the following bases, installed according to good engineering practice to provide stable support for the liner: