Chapter ATCP 93

ATCP 93.240(11)(a)1. 1. Fails to meet the qualifications for the certification or registration.

ATCP 93.240(11)(a)2. 2. Has obtained the certification or registration through fraud or deceit.

ATCP 93.240(11)(a)3. 3. Has demonstrated negligence or incompetence in fulfilling the responsibilities or obligations of the certification or registration.

ATCP 93.240(11)(a)4. 4. Has a conflict of interest in fulfilling the responsibilities or obligations under the certification or registration.

ATCP 93.240(11)(a)5. 5. Has demonstrated misconduct in fulfilling the responsibilities or obligations under the certification or registration.

ATCP 93.240(11)(a)6. 6. Has been arrested or convicted for a crime substantially related to the certification or registration.

ATCP 93.240(11)(a)7. 7. Has a physical or mental impairment which prevents the applicant or holder from fulfilling the responsibilities or obligations under the certification or registration.

ATCP 93.240(11)(a)8. 8. Has violated state, federal or local laws or regulations relating to the conduct of the activities under the certification or registration.

ATCP 93.240(11)(a)9. 9. Has attempted to defraud, including but not limited to falsifying test reports.

ATCP 93.240(11)(a)10. 10. If registered or certified under this section, has performed any of the following:

ATCP 93.240(11)(a)10.a. a. Failed to maintain required records.

ATCP 93.240(11)(a)10.b. b. Denied the department access to requested records.

ATCP 93.240(11)(a)10.c. c. Failed to submit a required notice or report to the department within a required time period.

ATCP 93.240(11)(a)10.d. d. Submitted false reports to the department or other persons.

ATCP 93.240(11)(a)10.e. e. Exhibited a pattern of submitting substantially inadequate reports.

ATCP 93.240(11)(b) (b) Notice of denial, suspension, or revocation. A notice of denial, suspension, or revocation shall be sent to the applicant or the certification or registration holder. The notice shall include all of the following:

ATCP 93.240(11)(b)1. 1. The basis for the denial, suspension, or revocation, including the facts relied on by the department to make its decision and a citation of applicable statutes and administrative rules establishing the legal basis for the decision.

ATCP 93.240(11)(b)2. 2. A statement that the applicant or the certification or registration holder may file a request for a hearing with the department as specified in s. ATCP 1.06.

ATCP 93.240(11)(c) (c) Summary suspension. Under s. 227.51 (3), Stats., the department may summarily suspend any certification or registration if the department finds that immediate action is necessary for public health, safety or welfare. The summary suspension of a certification or registration shall remain in effect until after a final decision is issued following a hearing.

ATCP 93.240(11)(d) (d) Hearing. The request for an administrative hearing shall be received by the office of legal counsel of the department no later than 30 days following the date of mailing of the notice under par. (b). Otherwise, the request for hearing shall be denied by the department.

ATCP 93.240(11)(e) (e) Surrender of certification or registration. A person whose certification or registration has been suspended or revoked shall surrender the certification or registration to the department upon request.

ATCP 93.240(11)(f) (f) Reinstatement.

ATCP 93.240(11)(f)1. 1. ‘Suspension.’

ATCP 93.240(11)(f)1.a. a. A person whose certification or registration has been suspended may apply to have the certification or registration reissued only after the time set for suspension by the department or hearing examiner has passed and by complying with the conditions set forth in the suspension order.

ATCP 93.240(11)(f)1.b. b. The request to the department to have a suspended certification or registration reissued shall be made in writing.

ATCP 93.240(11)(f)1.c. c. The department may require a person whose certification or registration has been suspended to apply for the certification or registration by complying with all of the requirements for a new applicant, including paying the application fees and successfully passing an examination.

ATCP 93.240(11)(f)1.d. d. The department may impose conditions on the reissued certification or registration to assure compliance with this chapter.

ATCP 93.240(11)(f)2. 2. ‘Revocation.’ A person whose certification or registration has been revoked may not apply to ever receive such a certification or registration.

ATCP 93.240(12) (12) Responsibilities.

ATCP 93.240(12)(a) (a) A person who holds a certification under this chapter shall carry on person the certification issued by the department while performing or conducting the activity or activities permitted under the certification.

ATCP 93.240(12)(b) (b) A person who holds a certification under this chapter shall present the certification for identification upon request of the department or its representative.

ATCP 93.240(12)(c) (c) The requirements of this subsection apply to certifications or registrations issued to an individual and not to a business.

ATCP 93.240(13) (13) Tank system inspectors.

ATCP 93.240(13)(a) (a) General. No person may conduct a regulatory inspection of a tank system that is regulated under this chapter, to administer and enforce this chapter, unless the person holds a certification issued by the department as a certified tank system inspector.

ATCP 93.240(13)(b) (b) Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:

ATCP 93.240(13)(b)1. 1. An application in accordance with this section.

ATCP 93.240(13)(b)2. 2. An application fee and examination fee in accordance with Table 93.240.

ATCP 93.240(13)(c) (c) Qualifications for examination. A person applying to take a tank system inspector certification examination shall have completed an approved educational course and training program that included at least 3 days of field exercises within the 2 years immediately preceding the application.

ATCP 93.240(13)(d) (d) Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with sub. (9).

ATCP 93.240(13)(e) (e) Application for certification. Upon notification of successfully passing the examination for a tank system inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (9) (g) 3.

ATCP 93.240(13)(f) (f) Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:

ATCP 93.240(13)(f)1. 1. Perform regulatory enforcement of related code requirements in this chapter.

ATCP 93.240(13)(f)2. 2. Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.

ATCP 93.240 Note Note: Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority.

ATCP 93.240(13)(f)3. 3. Pursue failure to comply with correction orders through local or department enforcement referral procedures.

ATCP 93.240(13)(f)4. 4. Maintain a record of the inspections made including the dates and the findings of the inspections.

ATCP 93.240(13)(f)5. 5. Provide a copy of the inspection report to the owner of the tank system or the owner’s agent.

ATCP 93.240(13)(f)6. 6. Make available to the department tank system inspection records upon request.

ATCP 93.240 Note Note: Section 19.32 (2), Stats., considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.

ATCP 93.240(13)(g) (g) Renewal.

ATCP 93.240(13)(g)1. 1.

ATCP 93.240(13)(g)1.a. a. A person may renew a certification as a tank system inspector.

ATCP 93.240(13)(g)1.b. b. A tank system inspector certification shall be renewed in accordance with sub. (7).

ATCP 93.240(13)(g)2. 2.

ATCP 93.240(13)(g)2.a. a. The renewal of a certification as a certified tank system inspector shall be contingent upon the inspector obtaining at least 12 hours of acceptable continuing education prior to the 2-year expiration date of the certification, except as provided in subd. 2. b.

ATCP 93.240(13)(g)2.b. b. A person who holds a certification as a certified tank system inspector may apply to the department for waiver of the continuing education requirements under subd. 2. a. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.

ATCP 93.240(14) (14) Tank specialty firms.

ATCP 93.240(14)(a) (a) General. A corporation, partnership, sole proprietor, independent contractor, or person that provides or offers to provide installation, removal, testing, lining, cleaning or assessments for a tank system which is regulated under this chapter shall hold both of the following:

ATCP 93.240(14)(a)1. 1. A registration issued by the department as a registered tank specialty firm.

ATCP 93.240(14)(a)2. 2. Insurance liability coverage, including pollution impairment liability, of no less than $1,000,000 per claim and $1,000,000 annual aggregate and with a deductible of no more than $100,000 per claim.

ATCP 93.240(14)(b) (b) Application for registration. An entity applying for a tank specialty firm registration shall submit all of the following:

ATCP 93.240(14)(b)1. 1. An application in accordance with sub. (2).

ATCP 93.240(14)(b)2. 2. An application fee and a registration fee in accordance with Table 93.240.

ATCP 93.240(14)(b)3. 3. Proof of the liability coverage specified in par. (a) 2.

ATCP 93.240(14)(b)4. 4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.

ATCP 93.240(14)(c) (c) Qualifications for registration. The person applying for a tank specialty firm registration shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the corporation.

ATCP 93.240(14)(d) (d) Responsibilities. An entity that provides storage tank system installation, removal, testing, lining, cleaning or site assessments as a registered tank specialty firm shall utilize the appropriate credentialed persons to install, remove, test, line, or clean storage tanks; to design or install a cathodic protection system for a tank system; or to provide tank-system site assessments.

ATCP 93.240(14)(e) (e) Renewal.

ATCP 93.240(14)(e)1. 1. A person may renew a registration as a tank specialty firm.

ATCP 93.240(14)(e)2. 2. A tank specialty firm registration shall be renewed in accordance with sub. (7).

ATCP 93.240(14)(e)3. 3. An application for a renewal under this paragraph shall include proof of the liability coverage specified in par. (a) 2.

ATCP 93.240(14)(e)4. 4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.

ATCP 93.240(15) (15) Tank system site assessors.

ATCP 93.240(15)(a) (a) General.

ATCP 93.240(15)(a)1. 1. No person may conduct a tank-system site assessment required under this chapter unless the person holds a certification issued by the department as a certified tank-system site assessor.

ATCP 93.240(15)(a)2. 2. Each tank-system site assessment shall be performed by a person who has no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.

ATCP 93.240(15)(b) (b) Application for examination. A person applying to take a tank-system site assessor certification examination shall submit all of the following:

ATCP 93.240(15)(b)1. 1. An application in accordance with sub. (2).

ATCP 93.240(15)(b)2. 2. An application fee and examination fee in accordance with Table 93.240.

ATCP 93.240(15)(c) (c) Examination. A person seeking to obtain a tank-system site assessor certification shall take and pass an examination in accordance with sub. (9).

ATCP 93.240(15)(d) (d) Application for certification. Upon notification of successfully passing the examination for a tank-system site assessor certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (9) (g) 3.

ATCP 93.240(15)(e) (e) Renewal.

ATCP 93.240(15)(e)1. 1. A person may renew a certification as a tank-system site assessor.

ATCP 93.240(15)(e)2. 2. A tank-system site assessor certification shall be renewed in accordance with sub. (7).

ATCP 93.240(16) (16) Aboveground tank system installers.

ATCP 93.240(16)(a) (a) General. Except as provided in par. (g), no person may install an aboveground tank system that is regulated under this chapter unless the person complies with one of the following:

ATCP 93.240(16)(a)1. 1. The person holds a certification issued by the department as a certified aboveground tank system installer.

ATCP 93.240(16)(a)2. 2. The person holds a Wisconsin registration as a professional engineer and is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible or hazardous liquids.

ATCP 93.240(16)(a)3. 3. The person is under the direct supervision of another person who holds a certification or registration under subd. 1. or 2. and who is responsible for the installation.