ATCP 93.440 NoteNote: Under s. ATCP 93.400 (11) (a) 1., (b) 1., and (c) 9., records of the inspections that are required under this section must be maintained at the storage-tank site for at least either three years or the interval between inspections, whichever is longer. ATCP 93.440 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.445ATCP 93.445 Seldom-used and temporarily out of service tank systems. ATCP 93.445(1)(1) Operational requirements. Owners or operators of aboveground seldom-used and temporarily out of service tanks shall comply with the applicable requirements of s. ATCP 93.545 (1). ATCP 93.445(2)(a)(a) The respective API 653 or STI SP001 inspection cycle shall be current for a tank before it is placed back into service. ATCP 93.445(2)(b)(b) All leak detection, overfill, vent and fire valve devices shall be verified as functional before being placed back into service. ATCP 93.445(2)(c)1.1. Tank systems out of service for more than 365 days shall pass a tightness test of the tank ullage portion in accordance with s. ATCP 93.515 (10), to assure that tank connections are liquid- and vapor-tight before the tanks are placed back into service. ATCP 93.445(2)(c)2.2. Field-erected tank systems out of service for more than 365 days shall be evaluated for suitability for service in accordance with API 653, to assure that the tank and tank connections are liquid- and vapor-tight before the tanks are placed back into service. ATCP 93.445(3)(3) Non-complying tank systems. Tank systems that do not comply with this section or in-use tank system requirements are abandoned tanks and shall be closed in accordance with s. ATCP 93.460 within 60 calendar days of non-compliance. ATCP 93.445 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.450ATCP 93.450 Change in service to store a non-regulated or a regulated substance. Owners or operators of aboveground tanks shall comply with the change-in-service requirements of s. ATCP 93.550, except a revised registration for aboveground tanks, form TR-WM-118, shall be completed and submitted. ATCP 93.450 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.460(1)(1) General. Owners or operators of aboveground tanks shall comply with the closure requirements of s. ATCP 93.560, except as provided in this section. ATCP 93.460(1m)(1m) Tank removal. Tanks shall be removed from the site within one year of closure. ATCP 93.460(2)(2) Certifications. Certified persons are not required to perform the following closure functions: ATCP 93.460(2)(a)(a) Cleaning and removal of heating fuel tanks, at 1- and 2-family dwellings, that are located aboveground or in the basement. ATCP 93.460(2)(c)(c) Cleaning and removal of tanks storing a Class III liquid that is neither petroleum nor CERCLA-listed. ATCP 93.460(3)(a)(a) All aboveground tanks closed and not immediately removed from the site shall have the word “CLOSED” and the date of permanent closure permanently marked on the exterior tank wall, at least 3 feet above grade, with lettering at least 3 inches in height. ATCP 93.460(3)(b)(b) A certified tank system inspector may perform the marking specified in par. (a). ATCP 93.460(4)(4) Forms. When an aboveground tank is closed, a revised tank registration, form TR-WM-118, and part A of the tank-system service and closure assessment report, form TR-WM-140, shall be completed and submitted to the department within 21 business days of closure. ATCP 93.460 NoteNote: Form TR-WM-118, Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140, Tank System Service and Closure Assessment Report are available from the Bureau of Weights and Measures, P. O. Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx. ATCP 93.460 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.465(1)(a)(a) Tank-system site assessments for aboveground tanks shall comply with this section and the assessment requirements in s. ATCP 93.580, except as provided in sub. (2). ATCP 93.465(1)(b)(b) Tank-system site assessments for aboveground storage tank systems shall include assessment of any underground piping, the loading rack or transfer area, and the area under each tank; and shall be performed after notifying the authorized agent or the department but before completing any permanent closure. ATCP 93.465(2)(a)(a) Aboveground storage tanks or underground piping that have been placed in secondary containment complying with s. ATCP 93.420 (2) (d), (e) or (g) for their entire operational life, and loading rack or transfer areas that have been placed in secondary containment complying with s. ATCP 93.420 (5) for their entire operational life are exempt from tank-system site assessment requirements, unless there is a suspected or obvious release outside the secondary containment. ATCP 93.465(2)(b)(b) Aboveground storage tanks that have a capacity of less than 5,000 gallons are exempt from tank-system site assessment requirements unless a suspected or obvious release is present. ATCP 93.465(2)(c)(c) A tank-system site assessment is not required for closure of double-wall pipe when modification or upgrading is conducted on an existing system that will remain in operation, unless a suspected or obvious release is present. ATCP 93.465 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.470ATCP 93.470 Responding to a leak, spill, overfill, or release. Owners or operators, contractors, and fuel-delivery persons for aboveground tanks shall comply with the requirements relating to the presence of a leak, spill, overfill or release, and the assessment of, and response to a leak or release, in ss. ATCP 93.570 to 93.585. ATCP 93.470 NoteNote: In s. ATCP 93.585, releases are required to be reported to the department of natural resources. Failure to notify the DNR of a release may have serious consequences — such as forfeitures under s. 168.26, Stats., of $10 to $5000 for each violation. Each day of continued violation is a separate offense, and under s. ATCP 93.180, each tank that is in violation is a separate offense. ATCP 93.470 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.500(1)(a)(a) General. All new and replacement underground storage tanks and piping systems shall be provided with secondary containment and continuous electronic interstitial monitoring, except as provided in par. (b). ATCP 93.500 NoteNote: This section is coordinated with the federal Energy Policy Act of 2005, which addresses secondary containment for federally regulated tanks or piping installed within 1,000 feet of any community water system or any potable drinking water well, and which requires interstitial monitoring for any associated double-wall tanks or piping.
ATCP 93.500(1)(b)1.1. Any farm or residential underground storage tank system which has a capacity of less than 1,100 gallons and which is used for storing motor fuel for noncommercial purposes. ATCP 93.500(1)(b)2.2. Any underground storage tank system which has a capacity of less than 4,000 gallons and which is used for storing heating oil for consumptive use on the premises where stored. ATCP 93.500(1)(c)1.1. Electronic interstitial monitoring installed in new tank or pipe systems after November 1, 2019, shall have the ability to generate a printed status report and alarm history report, except as provided in subd. 2. ATCP 93.500(1)(c)2.2. Subdivision 1. does not apply to any interstitial monitoring device for piping that automatically shuts down product flow when liquid is detected inside the secondary-containment space. ATCP 93.500(1)(d)(d) Motor fuel dispenser containment. All new motor fuel dispensing systems and all new dispensers added to an existing island or to an extension of existing pipe shall have under-dispenser containment. ATCP 93.500(2)(2) Flexible connections. Flexible piping approved under s. ATCP 93.130 or listed metallic flex connectors shall be used in all of the following locations: ATCP 93.500(3)(a)(a) General. Tanks designed and built for underground use may not be used aboveground. ATCP 93.500(3)(b)(b) Tanks for Class I, II, IIIA, or IIIB liquids. Tanks used for underground storage of Class I, II, IIIA, or IIIB liquids shall be listed and shall comply with the construction and marking requirements in s. ATCP 93.250. ATCP 93.500 NoteNote: See s. ATCP 93.130 (5) for listing and labeling requirements for underground tanks. ATCP 93.500(3)(c)(c) Reuse of tanks. Tanks that are moved from one underground location to another shall meet all of the following requirements: ATCP 93.500(3)(c)1.1. The integrity of the tank shall be assessed and certified by the manufacturer, or a registered professional engineer, stating that the tank still meets the construction requirements in s. ATCP 93.250. The certification and a report of the assessment shall be included in the plan review documentation for the new installation. ATCP 93.500(3)(c)2.2. The integrity assessment required in subd. 1 shall occur after the tank has been removed. ATCP 93.500(4)(a)(a) Underground storage tank systems shall be designed and constructed to allow access to all connections between the tank and piping, venting, and appurtenances that require maintenance, inspection or replacement. ATCP 93.500 NoteNote: Piping elbows are an example of connections that do not need access because typically they do not need maintenance or inspection. Valves, extractor fittings, flex connectors, corrosion-protection test connections, and overfill prevention devices are examples of connections that need this access.
ATCP 93.500(4)(b)(b) The means of access shall be sufficient in size to allow for installation, maintenance, and inspection of all system appurtenances. ATCP 93.500(4)(c)(c) The means of access shall allow sufficient clearance for proper drainage from surface water incursion. ATCP 93.500(5)(a)1.1. When any underground product piping is installed as part of a new tank system or when 50 percent or more of a run is replaced, the piping shall be provided with approved secondary containment with non-discriminating electronic interstitial monitoring, except as specified in subd. 2., sub. (1) (b), and s. ATCP 93.300 (7). ATCP 93.500 NoteNote: Underground fill piping is included in the piping that is addressed by this subdivision.
ATCP 93.500(5)(a)2.a.a. Sumps for new or replacement underground fill piping that does not drop vertically into a tank may be monitored visually on a monthly basis, instead of monitored with an electronic sensor. ATCP 93.500(5)(a)2.b.b. Secondary containment is not required for underground fill piping that drops vertically into a tank. ATCP 93.500(5)(a)2.c.c. Secondary containment is not required for pedestal-type suction pumps with a vertical riser that is readily visible and is located directly above the riser connection to the tank. ATCP 93.500(5)(b)(b) The material used for fabricating both the primary and secondary containment shall be listed in accordance with a standard that assures liquid- and vapor-tightness. ATCP 93.500 NoteNote: The UL 971 standard meets this requirement.
ATCP 93.500(5)(c)(c) All pipe connections provided at the dispenser and at the top of the tank that routinely contain product and are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump. ATCP 93.500(5)(d)(d) All existing pipe connections at the top of the tank and beneath all freestanding pumps and dispensers that routinely contain product shall be placed within secondary containment sumps by January 1, 2021. ATCP 93.500(5)(e)(e) All pipe connections at a transition between aboveground and underground piping that are installed or replaced on or after February 1, 2009, shall be placed within a secondary containment sump at the time of installation or replacement. ATCP 93.500(5)(f)1.1. Secondary containment sumps provided under this subsection shall have non-discriminating electronic sensors to detect liquids located in the lowest collection point of the sump, unless approved otherwise by the department. ATCP 93.500(5)(f)2.2. Piping that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection may not pass through the bottom of the sump. ATCP 93.500(5)(f)3.3. All electrical conduit and wiring that is installed or replaced on or after August 1, 2009, at secondary containment sumps provided under this subsection for dispensers shall pass over the top of the sump wall rather than through the wall or bottom of the sump.
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