Chapter ATCP 93

ATCP 93.145(7)(b) (b) Upon suspension of a permit, all dispensing from any involved tank shall cease, and the department may order the owner or operator to properly empty the tank.

ATCP 93.145(7)(c) (c) The department may reinstate a suspended permit upon determining that the hazard or financial responsibility failure which resulted in the suspension no longer exists.

ATCP 93.145 Note Note: See s. ATCP 93.190 for requirements relating to appealing a decision by the department.

ATCP 93.145 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) (intro.) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.150 ATCP 93.150 Change of ownership.

ATCP 93.150(1) (1) Any person taking ownership of a storage tank registered under s. ATCP 93.140 shall notify the department of the change of ownership within 15 business days.

ATCP 93.150(2) (2) The ownership-change notification shall be on form TR-WM-118, TR-WM-137, or TR-WM-153, as provided by the department and shall include all of the following:

ATCP 93.150(2)(a) (a) The name and address of the new owner and of a local contact person.

ATCP 93.150(2)(b) (b) The date the documents evidencing the ownership transfer are executed.

ATCP 93.150(2)(c) (c) The name of the previous owner.

ATCP 93.150(2)(d) (d) The address of all locations included in the change of ownership that have tanks which are subject to the registration requirements in s. ATCP 93.140.

ATCP 93.150(2)(e) (e) A copy of the newly recorded deed showing the new owner or other official documentation of ownership as approved by the department.

ATCP 93.150 Note Note: A land contract does not meet the requirement for documentation of ownership change.

ATCP 93.150(2)(f) (f) Proof of financial responsibility in accordance with subch. VII and an affidavit of financial responsibility in accordance with s. ATCP 93.745 (2) (j).

ATCP 93.150 Note Note: Form TR-WM-118– Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-153 — Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone]. Forms TR-WM-118 and 137 are also available from the Division’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

ATCP 93.150(3) (3) A permit application, form TR-WM-160, if required under s. ATCP 93.145 (1), shall be completed and submitted to the department within 15 business days of its receipt and shall include all of the following:

ATCP 93.150(3)(a) (a) Proof of financial responsibility in accordance with subch. VII.

ATCP 93.150(3)(b) (b) An affidavit of financial responsibility in accordance with s. ATCP 93.745 (2) (j)

ATCP 93.150 Note Note: If proof of financial responsibility and the affidavit are submitted under sub. (2) (f), it is not required to re-submit under sub. (3).

ATCP 93.150(3)(c) (c) Any fees due to the department as assessed under this chapter or ch. ATCP 94.

ATCP 93.150(3)(d) (d) Test results as specified in the permit application.

ATCP 93.150(4) (4) All records that are required to be retained under either s. ATCP 93.400 (11) or 93.500 (9) shall be transferred to the new owner or operator.

ATCP 93.150 Note Note: Marketer facilities should refer to: https://datcp.wi.gov/Pages/Programs_Services/StorageTankContacts.aspx. Non-marketer facilities should refer to: https://datcp.wi.gov/Pages/Programs_Services/StorageTankContacts.aspx.

ATCP 93.150 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

ATCP 93.1605 ATCP 93.1605 Fees relating to storage tanks for liquids that are flammable, combustible or federally regulated hazardous substances.

ATCP 93.1605(1) (1) Plan examination and inspection fees. Fees for the examination of plans, site inspections and reinspections for tanks used for the storage of liquids that are flammable, combustible or federally regulated hazardous substances shall be determined in accordance with Table 93.1605.

ATCP 93.1605(1m) (1m) Projects initiated without plan approval. The plan examination fees specified in Table 93.1605 shall be doubled for projects where the installation, erection, or construction was initiated without the required departmental approval.

ATCP 93.1605(2) (2) Groundwater fee. Pursuant to s. 168.23 (5), Stats., in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable, combustible or hazardous liquids, the department shall collect a groundwater fee of $100 for each plan review submittal that includes at least one storage tank with a 1,000 gallon or greater capacity. The fees collected under this subsection shall be credited to the environmental fund for environmental management.

ATCP 93.1605(3) (3) Reinspection fee. The contractor, when performing activities covered under s. ATCP 93.240 (16) to (19), shall pay the reinspection fee to the authorized agent or the department if a return trip is required due to any of the following or is required to reschedule a trip on less than 24 hours of notice for any of the following:

ATCP 93.1605(3)(a) (a) Failure to have the tank system accessible for inspection on the date and time specified for inspection.

ATCP 93.1605(3)(b) (b) Installation inspection points that are incomplete on the date and time specified for inspection.

ATCP 93.1605(3)(c) (c) Failure to correct deficiencies by the date and time specified for inspection.

ATCP 93.1605 Note Note: Section ATCP 93.240 (16) covers aboveground tank system installation certification requirements. Section ATCP 93.240 (17) covers underground tank system installation certification requirements. Section ATCP 93.240 (18) covers tank system lining certification requirements. Section ATCP 93.240 (19) covers tank system removing and cleaning certification requirements.

ATCP 93.1605(4) (4) Special inspection fee. The owner or operator shall pay the miscellaneous inspection fee specified in sub. (5) to the authorized agent or the department for any of the following reasons:

ATCP 93.1605(4)(a) (a) Replacement of identical equipment where the department or local program operator has waived the plan submittal requirement.

ATCP 93.1605(4)(b) (b) Pre-operational inspection required by the department as a result of compliance orders where plan submittal is not required.

ATCP 93.1605(5) (5) Special inspection fee; amount. Any miscellaneous inspection fees assessed under this subsection or s. ATCP 93.115 (3) (c) 2. shall be assessed at the following rates:

ATCP 93.1605(5)(a) (a) $160 per inspection for a facility with only aboveground storage tanks.

ATCP 93.1605(5)(b) (b) $240 per inspection for a facility with at least one underground storage tank.

ATCP 93.1605(5)(c) (c) If applicable, any additional actual costs for special circumstances may be assessed.

Table 93.1605

Plan Examination and Inspection Fees for Liquid Storage Tanks

ATCP 93.1605 Note Note: For all tanks which have a capacity of less than 5,000 gallons and which are reviewed by a local program operator, no state fees are required. The local program operator shall charge a fee which must be at least equal to the fee in this table, but which does not include the groundwater fee in sub. (2).

* If the department is conducting plan review in the absence of an assigned local program operator, the appropriate Table 93.1605 fees must be submitted, along with the groundwater fee in sub. (2). Further information on where local program operators perform reviews is available at the following Web site: https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

** A point-of-sale system is any dispensing system that will authorize fuel dispensing by means of key, card or code activation. These conversions are reviewed by local program operators.

*** These reviews are performed only by the department.

ATCP 93.1605 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (intro.), (5) (intro.),made under s. 35.17, Stats., and correction in (5) (b) made under s. 13.92 (4) (b) 12., Stats., Register October 2019 No. 766.

ATCP 93.165 ATCP 93.165 Alternate forms. Although various sections of this chapter include a requirement to record certain information on a particularly specified department form, that requirement may be met by recording the same information in the same format on an alternate form if that form is approved by the department.

ATCP 93.165 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.170 ATCP 93.170 Petition for variance. The department shall consider and may grant a variance to a provision of this chapter. The petition for variance shall establish an equivalency which meets the intent of this chapter.

ATCP 93.170(1) (1) Applications for petition for variance. A petition for variance must include all of the following:

ATCP 93.170(1)(a) (a) A completed and notarized petition for variance form, TR-WM-129.

ATCP 93.170(1)(b) (b) A petition for variance fee of $300.00.

ATCP 93.170(1)(c) (c) If the petition is requesting a variance from building or property setback requirements, a position statement completed by the fire department having jurisdiction.

ATCP 93.170(2) (2) Department Action.

ATCP 93.170(2)(a) (a) Upon receipt of the petition for variance, including all required information, the department shall evaluate the petition for variance and determine if it provides for an equivalency which meets the intent of this chapter.

ATCP 93.170(2)(b) (b) If additional information is needed, the department shall notify the owner in writing of the specific information required.

ATCP 93.170(2)(c) (c) If the department determines that the petition for variance provides an equivalency, the department shall approve the variance.

ATCP 93.170(2)(e) (e) If the department determines that the petition for variance does not provide an equivalency, the department may:

ATCP 93.170(2)(e)1. 1. Approve the petition for variance subject to specific conditions determined by the department which shall establish an equivalency which meets the intent of the rule;

ATCP 93.170(2)(e)2. 2. Grant a temporary variance to delay enforcement of a rule to a specified date, not to exceed one year. In requesting the variance, the petitioner shall demonstrate that all available steps are being taken to safeguard the public and environment and shall possess and describe a program for coming into compliance with the rule as quickly as possible. A temporary variance may be renewed no more than twice, not to exceed one year each, and only if the petitioner files an application for renewal at least 90 calendar days before expiration of the temporary variance;

ATCP 93.170(2)(e)3. 3. Grant an experimental variance to allow the petitioner to participate in an experiment approved by the department to demonstrate or validate new or improved techniques to safeguard the public and the environment; or

ATCP 93.170(2)(e)4. 4. Deny the petition for variance.

ATCP 93.170(3) (3) Notification of petition for variance determination. The department shall notify the petitioner in writing of the petition for variance determination, including any conditions of approval. Any denial shall include the reason for denial and information on the appeals procedure.

ATCP 93.170(4) (4) Time limit for processing. The department shall review and make a determination on an application for a petition for variance within 30 business days.

ATCP 93.170(5) (5) Modifications and revisions.

ATCP 93.170(5)(a) (a) If a petition for variance is initially denied by the department, the petitioner may, in writing, modify the request for variance by submitting additional or other alternatives in order to provide an equivalency and resubmit the application for the petition for variance.

ATCP 93.170(5)(b) (b) The petitioner may, in writing, request that the petitioner’s original statements or the conditions of approval be modified and resubmit the application for the petition for variance.

ATCP 93.170(6) (6) Revocation. The department may revoke any petition for variance where it is determined that the variance was obtained through fraud or deceit or where the petitioner has violated the specific conditions on which the variance was approved.

ATCP 93.170 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (e) 2. made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.175 ATCP 93.175 Prohibited practices. Persons subject to this chapter are prohibited from the following:

ATCP 93.175(1) (1) Falsifying any records and reports required under this chapter.

ATCP 93.175(2) (2) Removal of or tampering with any red-tag without written authorization from the department or an authorized agent.

ATCP 93.175(3) (3) Installation or removal of any storage tank system without department or authorized agent approval.

ATCP 93.175(4) (4) Unauthorized altering or disabling of any system covered in this chapter.

ATCP 93.175(5) (5) Failing to maintain permits and financial responsibility for underground storage tank systems.

ATCP 93.175(6) (6) Failure to comply with an administrative order issued by the department or an authorized agent.

ATCP 93.175 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.180 ATCP 93.180 Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 168.26, Stats., and shall apply separately to each tank that is in violation of this chapter.

ATCP 93.180 Note Note: Section 168.26, Stats., in coordination with 40 CFR 281.41, states, “Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense.”

ATCP 93.180 Note Note: Under 42 USC 6991e (a) (3) and (d) (2), the EPA may assess fines of up to $10,000 for each tank for each day of violation and may seek judicial penalties of up to $25,000 for each day of continued noncompliance.

ATCP 93.180 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.190 ATCP 93.190 Appeals and hearings on enforcement decisions.

ATCP 93.190(1) (1) Hearings.

ATCP 93.190(1)(a) (a) General. The owner or operator of a tank system may request a hearing with the department, as specified in s. ATCP 1.06, on any decision affecting that person’s legal rights, including enforcement orders and any petition for variance, material-approval, or permit decision issued under the scope of this chapter.

ATCP 93.190(1)(b) (b) Appeal requirements.

ATCP 93.190(1)(b)1. 1. All appeals of enforcement orders issued under this chapter shall be in writing and shall be received by the department no later than 15 calendar days after the date of the enforcement order or decision being appealed, except as provided in subd. 2.

ATCP 93.190(1)(b)2. 2. All appeals of petitions for variance or material-approval or permit decisions issued under this chapter shall be in writing and shall be received by the department no later than 30 calendar days after the date of the decision being appealed.

ATCP 93.190(1)(b)3. 3. The department may make a determination not to proceed with a request for a hearing depending on the nature of the issue being appealed.