ATCP 93.400(12)(a)1.1. Recovery systems using oil water separators or recovery systems pumping free product at the rate of 60 gallons or more per week shall comply with this paragraph. ATCP 93.400(12)(b)(b) Tanks used in recovery systems that pump free product at the rate of less than 60 gallons per week shall be constructed and marked in accordance with ss. ATCP 93.250 and 93.400 (7). ATCP 93.400 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (b) 2. made under s. 13.92 (4) (b) 14., Stats., and correction in (8) (c) 1. made under s. 35.17, Stats., Register October 2019 No. 766. ATCP 93.410(1)(a)(a) All aboveground storage tanks, whether new or existing, shall have a means of overfill prevention which consists of either a visual gauge, an audible or visual alarm, or a pump shutdown that activates at 90 percent of the tank’s capacity, and which complies with any other applicable requirements in this section. ATCP 93.410(1)(b)(b) Prior to delivery, the operator of the product delivery equipment that is transferring the product shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank. ATCP 93.410(2)(2) The transfer operation shall be monitored constantly by the operator of the delivery equipment so as to prevent overfilling and spilling. ATCP 93.410(3)(3) Equipment shall be clearly marked so visual and audible warning signals are recognizable to the delivery person. ATCP 93.410(4)(4) Spill and overflow prevention equipment shall be maintained to work as originally designed and installed. ATCP 93.410(5)(5) The fill opening shall be separate from the vent opening. ATCP 93.410(6)(a)(a) All aboveground storage tanks, whether new or existing, with the fill point not located within a diked area shall be provided with a catch basin or similar containment, except for tanks exempted by par. (d) and tanks that are exempted from secondary containment by s. ATCP 93.420 (1) (a) to (c). ATCP 93.410(6)(b)(b) The catch basin or similar containment to contain spillage at the fill point shall have a minimum liquid capacity of 5 gallons, except where the catch basin or similar containment was installed before February 1, 2009. ATCP 93.410(6)(c)(c) The basin shall be equipped with a method to remove product or a drain system that directs spilled product into the tank. ATCP 93.410(6)(d)1.1. Tanks provided with controls before February 1, 2009, that comply with this subsection. ATCP 93.410 NoteNote: The “controls” referred to in this subdivision may be something other than a mechanical device. In other words, they are anything that will reliably prevent a loss of product at the fill point from reaching the environment.
ATCP 93.410(6)(d)3.3. Tanks filled with a tight-connect with either a dry break connection or a manual shutoff valve on the hose-end connection. ATCP 93.410(7)(7) Aboveground tanks that are filled via handheld nozzles shall be constantly attended during product delivery and shall be provided with overfill prevention equipment which 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 93.410(8)(8) Tanks located remote from the fill point, that are filled only with a manual shutoff nozzle without a latching mechanism shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity. ATCP 93.410(9)(a)(a) Any of the following new aboveground double-wall tanks storing Class IIIB products shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity: ATCP 93.410(9)(b)(b) Any of the following existing aboveground double-wall tanks storing Class IIIB products shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity: ATCP 93.410(9)(b)2.2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices. ATCP 93.410(10)(a)(a) Any of the following double-wall aboveground tanks that are installed on or after November 1, 2019, shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity, and which automatically shuts off flow when the quantity of liquid in the tank reaches 95 percent of the tank’s capacity, except this requirement does not apply to the tanks addressed in sub. (9) (a): ATCP 93.410(10)(a)2.2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices. ATCP 93.410(10)(b)(b) Any of the following existing aboveground double-wall tanks shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity, and which automatically shuts off flow when the quantity of liquid in the tank reaches 95 percent of the tank’s capacity, except this requirement does not apply to the tanks addressed in sub. (9) (b): ATCP 93.410(10)(b)2.2. Tanks located remote from the fill point that use delivery nozzles with latch-open devices. ATCP 93.410(11)(11) Any single-wall aboveground tank which is not addressed in subch. III and which either is existing by November 1, 2019, or is installed on or after that date shall be provided with overfill prevention equipment which notifies the person filling the tank, with both an audible and a visual signal, that the liquid level has reached 90 percent of the tank’s capacity. ATCP 93.410(12)(12) Overfill prevention equipment shall be tested before it is placed into service to ensure it is set to activate at the levels specified in this section and that it will activate when the contained liquid reaches those levels. This testing shall be performed in accordance with one of the following: ATCP 93.410(12)(a)(a) Requirements developed by the manufacturer, if the manufacturer has developed testing requirements. ATCP 93.410(12)(b)(b) An approved standard developed by a nationally recognized association or independent testing laboratory. ATCP 93.410(12)(c)(c) Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subsection. ATCP 93.410(13)(a)(a) Operators shall utilize the procedures and equipment as specified in PEI RP600 for preventing overfilling of new and existing shop-built aboveground tanks. ATCP 93.410(13)(b)(b) Fuel-delivery persons shall utilize the procedures in PEI RP600 for preventing overfilling of new and existing shop-built aboveground tanks, and may not interfere with equipment that is intended to prevent overfilling. ATCP 93.410 NoteNote: PEI RP600 does not mandate installation of equipment, but instead addresses how to effectively use the equipment that is provided, as required by other sections and referenced standards in this chapter.
ATCP 93.410 NoteNote: Under ss. ATCP 93.470 and ATCP 93.585 (2) (b), fuel-delivery persons must immediately inform the owner or operator of any spilling or overfilling which occurs during the delivery procedure and which may result in or be a release. Requirements for the owner or operator to report, investigate, and clean up any spills and overfills are contained in ss. ATCP 93.575 to 93.585. ATCP 93.410 NoteNote: Overfill-prevention requirements for bulk plant tanks are in PEI RP800, and corresponding requirements for hazardous liquid tanks containing substances that are not flammable or combustible are in s. ATCP 93.350. ATCP 93.410 NoteNote: API RP 1007, Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles, is a guideline for use by truck drivers and other personnel that includes specific steps for unloading tank trucks into aboveground and underground tanks in a safe and efficient manner which protects the environment. It is available at http://publications.api.org. ATCP 93.410 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (6) (a) made under s. 35.17, Stats., and correction in (10) (a), (11) made under s. 13.92 (4) (b) 14., Stats., Register October 2019. ATCP 93.420(1)(1) Application. Aboveground storage tanks using secondary containment as a method of spill control shall comply with the secondary containment requirements in NFPA 30 section 22.11 and this section, except this requirement does not apply to any of the following tanks: ATCP 93.420 NoteNote: Sections ATCP 93.610 (1) to (3) and 93.630 cover tank wagons, movable tanks, tank vehicles, and aboveground farm tanks. ATCP 93.420 NoteNote: Federal regulations, such as the Spill Prevention Control and Countermeasure requirements in 40 CFR part 112, may also apply to these tanks and be more restrictive but are not enforced by the department. ATCP 93.420(1)(c)(c) Tanks storing Class IIIB liquids that are not in the same diked area as a tank containing Class I, II, or IIIA liquids. ATCP 93.420(2)(a)(a) Weather exposure. Where a dike system is used to provide secondary containment for a tank system that is exposed to the weather, the dike system shall be constructed in accordance with NFPA 30 section 22.11; ACI 350.2R, if concrete is used; and this subsection. ATCP 93.420(2)(b)(b) Capacity. The capacity of a dike system open to the weather shall be 25 percent larger than required under NFPA 30 section 22.11.1.2 or 22.11.2.2. ATCP 93.420(2)(c)(c) Construction. The walls and floor of the dike system shall be constructed of earth, solid masonry, steel, precast concrete, engineered poured concrete, or other materials approved by the department. ATCP 93.420(2)(d)(d) Sealing. Dike systems with the walls and floor made of steel or poured or precast concrete shall have all cracks, seams, and joints sealed to be liquid-tight. ATCP 93.420(2)(e)1.1. New dike systems that have walls or floor made of earth or masonry shall be lined with a synthetic material having a permeability of no faster than 10-6 centimeters per second for the substance stored, except as provided in subd. 2. ATCP 93.420(2)(e)2.a.a. Tanks included in either subd. 2. b. or c. may have dike systems designed by an engineer, with the walls and floor made of clay material having a permeability of no faster than 10-6 centimeters per second for the substance stored. The dike system shall be designed to maintain the permeability for a minimum of 35 years. ATCP 93.420(2)(e)2.c.c. Single-bottom tanks that are constructed to ensure that any leaks from the bottom will drain to a conspicuous location and be contained there. ATCP 93.420 NoteNote: A method to achieve compliance with subd. 2. c. could include placing a tank over coarse aggregate that rests on a concrete base which is configured to provide the specified drainage and containment.
ATCP 93.420 NoteNote: As applied under s. ATCP 93.440 (2) and (3), API 653 requires routine inspection of field-erected tanks, and STI SP001 requires periodic inspection of shop-built tanks for evidence of leaks. ATCP 93.420(2)(f)1.1. Tanks may be installed within an existing dike system that has walls or floor made of earth or masonry only if all of the following conditions are met: ATCP 93.420(2)(f)1.c.c. All other tanks within the dike system have overfill protection as specified in NFPA 30 section 21.7.1. ATCP 93.420(2)(f)2.2. An existing dike system that has walls or floor made of earth or masonry may be expanded with materials which are similar to the materials in the existing walls and floor. After that expansion, tanks may be installed within the dike system only if all of the conditions in subd. 1. a. to c. are met. ATCP 93.420(2)(f)3.3. Tanks within an existing dike system that has walls or floor made of earth or masonry may be converted from storing an unregulated substance to storing a regulated substance only if all of the following conditions are met: ATCP 93.420(2)(f)3.c.c. All other tanks within the dike system have overfill protection as specified in NFPA 30 section 21.7.1. ATCP 93.420(2)(f)4.4. All new or replacement piping shall be routed over the top of the dike wall. ATCP 93.420(2)(g)(g) Approval and installation of synthetic liners. Synthetic liners shall be approved in accordance with s. ATCP 93.130 and installed under the direct supervision of a qualified representative of the manufacturer ATCP 93.420(2)(h)(h) Testing and maintenance. All new and existing synthetic liners and their seams shall be tested and maintained in accordance with the manufacturer’s recommendations.
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Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
administrativecode/ATCP 93.410(9)(a)
administrativecode/ATCP 93.410(9)(a)
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