Chapter ATCP 33

ATCP 33.50 ATCP 33.50 Available pump and storage container. An operator shall have, readily available at a storage facility, one or more functional pumps that the operator can use to remove liquid from every mixing and loading pad, sump or secondary containment structure at the storage facility. Each pump shall be plumbed or have a readily available hose connection to a storage container that complies with s. ATCP 33.20, so that recovered liquid can be pumped to the storage container. The pump shall self-activate, or shall be susceptible to immediate activation by the operator, whenever needed. The storage container shall have, at all times, an unused capacity of at least 200 gallons.

ATCP 33.50 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.52 ATCP 33.52 Discharges and precipitation.

ATCP 33.52(1) (1) Discharge response; general. The operator of a storage facility shall do all of the following whenever there is a discharge:

ATCP 33.52(1)(a) (a) Take immediate and appropriate action to mitigate any risks that the discharge may pose to public health and the environment.

ATCP 33.52 Note Note: A release of rinsate is considered a discharge. See s. ATCP 33.01 (10) and (28).

ATCP 33.52(1)(b) (b) Report the discharge to the Wisconsin department of natural resources if a report is required under ch. NR 706.

ATCP 33.52 Note Note: If a discharge is fully contained in a mixing and loading pad, sump or secondary containment structure, a discharge report is not required under ch. NR 706 unless the discharge poses an immediate threat to human health.

ATCP 33.52(2) (2) Contained discharge or precipitation. Except as provided in sub. (3), an operator shall recover any unfrozen discharge or unfrozen precipitation that collects in a mixing and loading pad, sump or secondary containment structure. The operator shall recover the unfrozen discharge or precipitation by the end of the first business day in which the collected discharge or precipitation is present in the mixing and loading pad, sump or secondary containment structure. The operator shall take earlier action to recover the collected discharge or precipitation if earlier action is necessary to do any of the following:

ATCP 33.52(2)(a) (a) Maintain the effective discharge containment capacity of a mixing and loading pad, sump or secondary containment structure.

ATCP 33.52(2)(b) (b) Prevent instability of storage containers.

ATCP 33.52(2)(c) (c) Minimize the risk of a discharge to the environment.

ATCP 33.52(2)(d) (d) Prevent vehicles from driving through discharges, rinsate or collected precipitation on the mixing and loading pad.

ATCP 33.52(3) (3) Precipitation contained in fertilizer secondary containment structure. Subsection (2) does not apply to precipitation that has collected in a fertilizer secondary containment structure, provided that the operator uses at least one of the following methods to manage that collected precipitation:

ATCP 33.52(3)(a) (a) The operator may recover all of the collected precipitation, and transfer it to a storage container in the secondary containment structure by the end of the first business day in which the collected precipitation is present in the secondary containment structure.

ATCP 33.52(3)(b) (b) The operator may store the collected precipitation in the fertilizer secondary containment structure until the precipitation can be properly used according to s. ATCP 33.56 or until it evaporates, provided that the operator complies with sub. (4).

ATCP 33.52(3)(c) (c) The operator may apply the collected precipitation to a vegetative filter strip at or adjacent to the storage facility, provided that all of the following apply:

ATCP 33.52(3)(c)1. 1. The operator applies the collected precipitation according to a written plan approved by the department. The plan shall consider the volume of liquid to be applied, the nutrient content of the liquid, the nutrient utilization capacity of the filter strip, and seasonal conditions that may affect that utilization capacity.

ATCP 33.52(3)(c)2. 2. The operator maintains living vegetation on the entire filter strip.

ATCP 33.52(3)(c)3. 3. The operator complies with sub. (4).

ATCP 33.52(3)(d) (d) The operator may discharge the collected precipitation to areas of the storage facility from which there is no potential for direct runoff to waters of the state, provided that all of the following apply:

ATCP 33.52(3)(d)1. 1. The operator complies with sub. (4).

ATCP 33.52(3)(d)2. 2. None of the samples analyzed under sub. (4) (b) contains more than 20 milligrams of the total nitrogen per liter.

ATCP 33.52(3)(e) (e) An operator may discharge the collected precipitation to a public wastewater treatment system, provided the operator has written permission from the authority that operates the system.

ATCP 33.52(3)(f) (f) An operator may discharge the collected precipitation to surface water, via a storm sewer or other conduit, if the operator has written permission from the Wisconsin department of natural resources.

ATCP 33.52(4) (4) Sample testing and follow-up. An operator who uses any of the management methods under sub. (3) (b) to (d) shall do all of the following:

ATCP 33.52(4)(a) (a) Obtain at least one sample of collected precipitation in each of the months of April, June, August and October.

ATCP 33.52(4)(b) (b) Have the samples under par. (a) analyzed, at a laboratory certified by the Wisconsin department of natural resources under ch. NR 149, for nitrate/nitrite-nitrogen and ammonia/ammonium-nitrogen.

ATCP 33.52(4)(c) (c) If any sample analyzed under par. (b) contains more than 200 milligrams of total nitrogen under par. (b) per liter, notify the department and implement a department-approved plan to manage collected precipitation containing more than 200 milligrams of total nitrogen per liter.

ATCP 33.52(4)(d) (d) Keep accurate records of all analytical results under par. (b).

ATCP 33.52 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 08-075: am. (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 14-047: am. (3) (d) 2. Register May 2015 No. 713, eff. 6-1-15.

ATCP 33.54 ATCP 33.54 Managing recovered discharges, rinsate and collected precipitation.

ATCP 33.54(1) (1) Liquid recovered under s. ATCP 33.52, if held by the operator pending use or disposal, shall be held in a storage container that complies with s. ATCP 33.20 and is located in a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.54(2) (2) Dry fertilizer or pesticide recovered under s. ATCP 33.52, if held by the operator pending use or disposal, shall be handled in a manner that complies with s. ATCP 33.22.

ATCP 33.54 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.56 ATCP 33.56 Use and disposal of recovered material.

ATCP 33.56(1) (1) Safe use or disposal. An operator shall safely use or dispose of material recovered under s. ATCP 33.52. Use and disposal shall comply with applicable federal, state and local regulations.

ATCP 33.56(2) (2) Pesticides. An operator may not sell, distribute or apply any material recovered under s. ATCP 33.52 as a pesticide unless that sale or distribution complies with ch. ATCP 29.

ATCP 33.56 Note Note: An operator must obtain a permit under s. ATCP 35.03 before landspreading material recovered from the environment as part of an environmental remediation under ch. ATCP 35.

ATCP 33.56(3) (3) Fertilizers.

ATCP 33.56(3)(a) (a) Except as provided in par. (b), an operator may not sell or distribute any material recovered under s. ATCP 33.52 as a fertilizer or soil or plant additive unless that sale or distribution complies with ch. ATCP 40.

ATCP 33.56(3)(b) (b) Notwithstanding ch. ATCP 40, an operator may apply to land free of charge, or distribute free of charge to a landowner for application to that person’s land, rinsate recovered under s. ATCP 33.52 if the operator discloses to the landowner the types of fertilizer or soil or plant additives contained in that rinsate.

ATCP 33.56 Note Note: If rinsate contains pesticide, an operator must also comply with sub. (2). An operator must obtain a permit under s. ATCP 35.03 before landspreading material recovered from the environment as part of an environmental remediation under ch. ATCP 35.

ATCP 33.56 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.58 ATCP 33.58 Discharge response preparedness.

ATCP 33.58(1) (1) Discharge response plan required.

ATCP 33.58(1)(a) (a) The operator of a storage facility shall have a written discharge response plan for all of the following:

ATCP 33.58(1)(a)1. 1. Discharges at the storage facility.

ATCP 33.58(1)(a)2. 2. Discharges, at locations outside the storage facility, from mobile containers shipped from the storage facility.

ATCP 33.58(1)(b) (b) An operator shall do all of the following, with respect to a discharge response plan under par. (a):

ATCP 33.58(1)(b)1. 1. Review and amend the plan, as necessary, at least once each year.

ATCP 33.58(1)(b)2. 2. Keep a copy of the plan readily available at the storage facility and at the nearest local office from which the operator administers the storage facility.

ATCP 33.58(1)(b)3. 3. Make the plan available to the department for inspection and copying upon request.

ATCP 33.58(1)(b)4. 4. Notify the local fire department, police department and emergency planning committee of the plan and any plan revisions, and provide them with copies upon request.

ATCP 33.58 Note Note: Federal law under 42 USC 11002 and 11003 requires response plans for certain chemicals. A single response plan may satisfy requirements under sub. (1) and federal law.

ATCP 33.58(2) (2) Plan contents. A discharge response plan under sub. (1) shall include all of the following:

ATCP 33.58(2)(a) (a) The identity, address and telephone number of the individual who is responsible for managing the storage facility.

ATCP 33.58(2)(b) (b) The spill reporting telephone number (1-800-943-0003) maintained by the department of natural resources and department of military affairs emergency management division.

ATCP 33.58(2)(c) (c) The telephone number of the department’s agricultural resource management division (608-224-4500), or the identity and telephone number of the division’s local environmental enforcement specialist.

ATCP 33.58(2)(d) (d) The names and telephone numbers of 2 local excavation contractors and 2 local earth hauling contractors.

ATCP 33.58(2)(e) (e) A map or diagram of the storage facility. The map or diagram shall include all of the following:

ATCP 33.58(2)(e)1. 1. The location of each fertilizer storage container or bin, and the name or grade of fertilizer stored in that container or bin.

ATCP 33.58(2)(e)2. 2. The location of each pesticide storage container or bin, other than a mini-bulk container, and the name of the pesticide product stored in that container or bin.

ATCP 33.58(2)(e)3. 3. The location of each mini-bulk container storage area.

ATCP 33.58(2)(f) (f) Procedures for responding to discharges at the storage facility.

ATCP 33.58(2)(g) (g) Procedures for responding to discharges from mobile storage containers shipped from the storage facility.

ATCP 33.58(2)(h) (h) Procedures for using or disposing of recovered discharges.

ATCP 33.58(3) (3) Equipment, supplies and trained personnel.

ATCP 33.58(3)(a) (a) Pumps, recovery containers, personal protective equipment, and other necessary equipment and supplies shall be readily available for any discharge response that may reasonably be needed.

ATCP 33.58(3)(b) (b) Persons employed at a storage facility shall be trained in discharge response procedures. Trained personnel shall be readily available to implement a discharge response.

ATCP 33.58(3)(c) (c) An operator may arrange with a local fire department or other persons to provide equipment, supplies and personnel required under pars. (a) and (b) if the operator makes those arrangements in advance as part of the operator’s discharge response plan.

ATCP 33.58(3)(d) (d) An operator shall have available, at the storage facility, absorbent materials that may be used to control and clean up small liquid discharges.

ATCP 33.58(3)(e) (e) An operator shall decontaminate equipment and supplies, as necessary, after using them to control and recover a discharge.

ATCP 33.58 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

subch. VIII of ch. ATCP 33 Subchapter VIII — Transportation and Handling Practices

ATCP 33.60 ATCP 33.60 Transporting bulk fertilizer and bulk pesticide.

ATCP 33.60(1) (1) General. An operator shall transport bulk fertilizer and bulk pesticide in a manner that prevents reasonably foreseeable and preventable hazards to persons, property and the environment.

ATCP 33.60(2) (2) Transport vehicles. Containers and appurtenances used to transport bulk fertilizer or bulk pesticide shall be securely anchored to transport vehicles so that stresses from normal vehicle operation will not cause a discharge and will not cause the containers and appurtenances to move independently of the vehicle. Equipment, tools and other items carried on transport vehicles shall be secured against damaging contact with containers or appurtenances.

ATCP 33.60(3) (3) Protection against damage or access. Containers and appurtenances used to transport bulk fertilizer or bulk pesticide shall be protected from damage or destruction, and shall be secured against access by the general public and animals.

ATCP 33.60(4) (4) Defective containers. An operator may not transport bulk fertilizer or bulk pesticide in a visibly broken, defective or improperly sealed container unless that container is enclosed in another container that effectively prevents the discharge of fertilizer or pesticide.

ATCP 33.60 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.62 ATCP 33.62 Dust control in dry product loading. An operator shall use a loading chute or other dust control device to unload dry bulk fertilizer or dry bulk pesticide from storage containers to transport vehicles or application equipment, so that the air gap between the load-out equipment and the top rim of the transport vehicle or application equipment being filled does not exceed 2 feet.

ATCP 33.62 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

subch. IX of ch. ATCP 33 Subchapter IX — Environmental Assessments

ATCP 33.70 ATCP 33.70 Environmental assessments.

ATCP 33.70(1) (1) Assessment required. An operator shall conduct an assessment under sub. (2) whenever any of the following structures used for liquid bulk fertilizer or liquid bulk pesticide leaks, is removed, or remains out of use for more than 5 years:

ATCP 33.70(1)(a) (a) A mixing and loading pad.

ATCP 33.70(1)(b) (b) A sump.

ATCP 33.70(1)(c) (c) A secondary containment structure.