ATCP 93.300 NoteNote: This section does not exempt the tank itself from corrosion protection requirements.
ATCP 93.300(8)(8) Tank closure and general administrative requirements. ATCP 93.300 NoteNote: Sections ATCP 93.440 to 93.470 address: inspections; seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank closures; tank-system site assessments; and confirming and responding to leaks, spills, overfills and releases. ATCP 93.300 NoteNote: Sections ATCP 93.545 to 93.585 address: seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank system closures; conditions indicating releases; tank-system integrity assessments; tank-system site assessments; and responding to leaks, spills, overfills and releases. ATCP 93.300(9)(9) Scrap recycling and automobile recycling facilities. Subsections (1) (a), (2) (a), (2) (c) to (h), (3) to (5), (6) (a), and (8) do not apply to a new or existing aboveground tank which contains used oil and which is located at a scrap recycling or automobile recycling facility adequately participating in a cooperative compliance program approved by the department of natural resources, provided all of the following requirements are met: ATCP 93.300(9)(a)(a) The tank is constructed of a durable material acceptable to the department. ATCP 93.300(9)(b)(b) If located outside of a building, the tank has secondary containment acceptable to the department. ATCP 93.300(9)(c)(c) If located inside a building, the tank has venting and fire prevention features acceptable to the department. ATCP 93.300 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.305ATCP 93.305 Public used oil collection centers. ATCP 93.305 NoteNote: Also see ch. NR 679 for additional rules pertaining to used oil collection centers, such as operational criteria. ATCP 93.305(2)(2) Tank construction. The tank shall be constructed to one of the recognized design standards in NFPA 30 chapter 21 unless otherwise accepted by the department. ATCP 93.305 NoteNote: Design standards recognized by NFPA 30 chapter 21 include API 12B, API 12D, API 12F, API 650, UL 58, UL 80, UL 142, UL 1316, UL 1746, UL 2080 and UL 2085.
ATCP 93.305(3)(b)(b) Tanks located outdoors shall comply with the setback requirements of NFPA 30 Tables 22.4.1.1 (a) and (b) for a Class IIIA liquid. ATCP 93.305(3)(c)(c) Tanks located inside a building shall have venting that terminates outdoors. ATCP 93.305(4)(b)(b) A tank of double-wall construction, that is accessible to the public, shall be placed within secondary containment which meets all of the following requirements: ATCP 93.305(4)(b)2.2. The containment shall extend at least 2 feet beyond the greatest tank dimension in all directions. ATCP 93.305(4)(c)(c) The tank shall be set back from the curb or dike wall such that an overflow of the tank will be contained within the diked or curbed area. ATCP 93.305(4)(d)(d) The fill opening with spill containment shall be located within the diked or curbed area. ATCP 93.305 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.310(1)(1) Scope. This section applies to any new or existing aboveground or underground tank that is used to supply liquid fuel to a heating device, including a used oil burner, if the device and the fuel have the following characteristics: ATCP 93.310(1)(a)(a) The heating device is used for space heating, processing or manufacturing. ATCP 93.310 NoteNote: Number 5 and 6 fuel oil do not meet the criteria for a liquid and therefore are not regulated by this chapter.
ATCP 93.310(2)(a)(a) Tanks that supply oil-burning equipment shall be installed, used and maintained in accordance with NFPA 31 and this section. ATCP 93.310(2)(b)(b) Tanks used to store heating fuel shall be installed by or under the direct supervision of a certified installer. ATCP 93.310 NoteNote: Tanks installed at 1- or 2-family dwellings are not required to have plan review under s. ATCP 93.100, and aboveground tanks that have a capacity of less than 1,100 gallons are not required to have registration under s. ATCP 93.140. ATCP 93.310 NoteNote: Devices that burn used oil are regulated by the Commercial Building Code, chs. SPS 361 to 366, and the Fire Prevention Code, ch. SPS 314. The tank that stores the oil is regulated by this chapter. ATCP 93.310(3)(3) Underground tanks that have a capacity of less than 4,000 gallons. Underground heating oil storage tank systems that have a capacity of less than 4,000 gallons shall have all of the following: ATCP 93.310(3)(a)(a) Overfill prevention equipment that notifies the person filling the tank, with either an audible or a visual signal, that the liquid level has reached 90 percent of the tank’s capacity. ATCP 93.310(3)(b)(b) Corrosion protection that complies with s. ATCP 93.520, except this requirement does not apply to tanks that were installed before November 1, 1994. ATCP 93.310(3)(c)1.1. Precision tightness testing every 2 years or leak detection in accordance with s. ATCP 93.510, except this requirement does not apply to residential tanks which have a capacity of less than 1,100 gallons and which were installed before October 29, 1999, for consumptive use on the property where stored. ATCP 93.310(3)(c)2.2. The tightness testing or leak detection methods used to comply with subd. 1. shall be specifically approved for use with the specific type of heating oil in accordance with s. ATCP 93.130. ATCP 93.310(4)(4) Underground tanks that have a capacity of 4,000 gallons or more. Underground heating oil storage tank systems that have a capacity of 4,000 gallons or more shall have secondary containment which complies with s. ATCP 93.500 (1) if the system is either new or a replacement, leak detection which complies with s. ATCP 93.510 and corrosion protection which complies with s. ATCP 93.520. ATCP 93.310(5)(b)(b) Spill and overfill prevention for underground tanks shall be provided in accordance with s. ATCP 93.505, except this requirement does not apply to residential tanks that have a capacity of less than 1,100 gallons containing fuel oil for consumptive use on the property. ATCP 93.310(5)(c)(c) Fill pipes for used-oil tanks that are part of a heating system may be located inside a building. ATCP 93.310(6)(6) Tank closure and general administrative requirements. ATCP 93.310 NoteNote: Sections ATCP 93.440 to 93.470 address inspections; seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank closures; tank system site assessments; and confirming and responding to leaks, spills, overfills and releases. ATCP 93.310 NoteNote: Sections ATCP 93.545 to 93.585 address seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank system closures; conditions indicating releases; tank system integrity assessments; tank system site assessments; and responding to leaks, spills, overfills and releases. ATCP 93.310 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.315ATCP 93.315 Heating oil tanks that are removed from service. ATCP 93.315(1)(1) Application. This section applies to aboveground heating oil storage tanks which are connected to heating appliances and which store heating oil that is consumed on the premises. ATCP 93.315(2)(2) General. Placing a heating oil storage tank out of service for any reason other than immediate repair or replacement shall follow the procedure in either par. (a) or (b): ATCP 93.315(2)(a)(a) The tank and all connected piping, including the vent and fill piping, shall be emptied, cleaned and removed from the premises. ATCP 93.315(2)(b)1.1. The tank and all connected piping shall be emptied and purged of all vapors. ATCP 93.315(2)(b)3.3. If the fill pipe is not removed, it shall be filled to the top with concrete and capped. ATCP 93.315(2)(b)4.4. Any piping that is not removed, other than a tank vent, shall be capped or otherwise sealed. ATCP 93.315(3)(a)(a) Contractors. A person who is under contract, with the person who owns or controls a property, to remove a heating oil storage tank or to place a heating oil storage tank out of service shall comply with sub. (2). ATCP 93.315 NoteNote: A contractor must be certified in accordance with s. ATCP 93.240 to perform tank cleaning and tank removal at other than 1- and 2-family dwellings. Section ATCP 93.460 states that certification is not required for persons performing cleaning and removal of heating fuel tanks located aboveground or in basements at 1- and 2-family dwellings. ATCP 93.315(3)(b)(b) Owners. If there is no contractor, the person who owns or controls a property from which a heating oil storage tank is removed, or on which a heating oil storage tank is placed out of service, shall comply with sub. (2). ATCP 93.315(4)(4) Notification requirement. The person who owns or controls property from which a heating oil storage tank has been removed, or on which a heating oil storage tank has been placed out of service, shall provide written notice to the current heating oil vendor within 7 days after removing the tank or placing the tank out of service. If there is a scheduled delivery in less than 7 days, notification may be given verbally provided it is followed by written notification within 7 days after verbal notification. ATCP 93.315 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.320ATCP 93.320 Fuel storage for stationary combustion engines and gas turbines. ATCP 93.320(1)(a)(a) General. This section applies to the fuel storage tanks of stationary combustion engines and gas turbines, except when used at a farm premises or construction project. ATCP 93.320 NoteNote: Stationary combustion engines under this section are commonly used to power emergency generators and pumps that provide fire protection. For requirements for storage tanks that are used to fuel stationary combustion engines at a farm premises or construction project, see s. ATCP 93.630. ATCP 93.320(1)(b)(b) Certified installer. Tank installation shall be performed or supervised by a certified installer. ATCP 93.320 NoteNote: See s. ATCP 93.100 (1) (b) 11. for criteria that can be used to exempt these tanks from plan review. ATCP 93.320(1)(c)1.1. Aboveground tanks with the fill point remote from the tank and all new and existing underground storage tanks shall have the fill point labeled with the type of fuel. ATCP 93.320(1)(c)2.2. Aboveground storage tanks shall have the tank labeled with the type of fuel. ATCP 93.320(1)(d)(d) Aboveground storage tank systems located in buildings. Aboveground storage tank systems located in buildings and used to store fuel for stationary combustion engines and gas turbines shall comply with NFPA 20 and 37 chapter 6, and the fill connection shall be located outside the building. ATCP 93.320(1)(e)1.1. Aboveground storage tank systems not located in a building and used to store fuel for stationary combustion engines and gas turbines shall comply with subch. IV and NFPA 20 and 37 chapter 6. ATCP 93.320(1)(e)2.2. Storage tanks under this section that are within an enclosure which does not have enough non-mechanical, open-louver area in the lower portion of the walls or doors to prevent hazardous build-up of vapors shall have vents terminating outside of the enclosure. Any vent terminating through the roof of the enclosure shall extend high enough to prevent snow or ice build-up from impacting the operation of the vent. ATCP 93.320(1)(f)(f) Underground storage tank systems. Underground storage tank systems used to store fuel for stationary combustion engines and gas turbines shall comply with subch. V and NFPA 37 chapter 6. ATCP 93.320(2)(2) Spill and overfill prevention. Spill and overfill prevention shall be provided in accordance with s. ATCP 93.410. ATCP 93.320(3)(3) Tank closure and general administrative requirements. ATCP 93.320 NoteNote: Sections ATCP 93.440 to 93.470 address inspections; seldom-used and temporarily out of service tanks; change in service to store a non-regulated substance; tank closures; tank system site assessments; and confirming and responding to leaks, spills, overfills and releases.
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Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
administrativecode/ATCP 93.310
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