Wisconsin Legislature: subch. VIII of ch. ATCP 93

(a) The department may draw on a standby trust fund when the conditions under either par. (b) or (c) apply.

(b) The department makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action in accordance with ss. ATCP 93.570 to 93.585.

1. Certification from the owner or operator and the third-party liability claimants and from attorneys representing the owner or operator and the third-party liability claimants that a third-party liability claim should be paid. The certification shall be worded exactly as specified in 40 CFR 280.112 (b) (2) (i), except for the following:

a. The instructions in brackets in the certification shall be replaced by the relevant information and the brackets deleted.

b. If financial responsibility for aboveground tanks within the scope of this subchapter is demonstrated using this method, reference in the certification to underground tanks shall be amended to refer to aboveground tanks, and any certification that wording is identical to the wording required in 40 CFR 280.112 (b) (2) (i) shall be deleted.

Note: A copy of the affidavit of financial responsibility required in 40 CFR 280.111 (b) (2) (i) is available from the department’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

2. A valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from a storage tank covered by financial assurance under this subchapter and the department determines that the owner or operator has not satisfied the judgment.

(3) If the department determines that the amount of corrective-action costs and third-party liability claims eligible for payment under sub. (2) may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The department shall pay third-party liability claims in the order in which the department receives certifications under sub. (2) (c) 1. and valid court orders under sub. (2) (c) 2.

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

ATCP 93.750 Release from the requirements. An owner or operator is no longer required to maintain financial responsibility under this subchapter for a storage tank after the tank has been permanently closed or, if corrective action is required, after corrective action has been completed and the tank has been permanently closed in accordance with ss. ATCP 93.560 to 93.585 for underground tanks and ss. ATCP 93.460 to 93.470 for aboveground tanks.

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

ATCP 93.753 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

(1) Within 10 days after commencement of a proceeding under Title 11, U.S. Code, naming an owner or operator as debtor, the owner or operator shall notify the department by certified mail of such commencement and submit the appropriate forms listed in s. ATCP 93.745 (2) documenting current financial responsibility.

(2) Within 10 days after commencement of a proceeding under Title 11, U.S. Code, naming a guarantor providing financial assurance as debtor, such guarantor shall notify the owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in s. ATCP 93.713.

(2g) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11, U. S. Code, naming a local government owner or operator as debtor, the local government owner or operator shall notify the department by certified mail of such commencement and submit the appropriate forms listed in s. ATCP 93.745 (2) documenting current financial responsibility.

(2r) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11, U.S. Code, naming a guarantor providing a local government financial assurance as debtor, such guarantor shall notify the local government owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in s. ATCP 93.733.

(3)

(a) An owner or operator who obtains financial assurance by a mechanism other than the financial test of self-insurance shall be deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, letter of credit, or state-required mechanism.

(b) The owner or operator shall obtain alternate financial assurance as specified in this subchapter within 30 days after receiving notice of such an event.

(c) If the owner or operator does not obtain alternate coverage within 30 days after such notification, he or she shall notify the department.

(4) Within 30 days after receipt of notification that the state fund or other state assurance has become incapable of paying for assured corrective action or third-party compensation costs, the owner or operator shall obtain alternate financial assurance.

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

ATCP 93.755 Replenishment of guarantees, letters of credit, or surety bonds.

(1) If at any time after a standby trust is funded upon the instruction of the department with funds drawn from a guarantee, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of coverage required, the owner or operator shall comply with one of the following by the anniversary date of the financial mechanism from which the funds were drawn:

(a) The owner or operator shall replenish the value of financial assurance to equal the full amount of coverage required.

(b) The owner or operator shall acquire another financial assurance mechanism for the amount by which funds in the standby trust have been reduced.

(4) For purposes of this section, the full amount of coverage required is the amount of coverage to be provided under s. ATCP 93.705. If a combination of mechanisms was used to provide the assurance funds that were drawn upon, replenishment shall occur by the earliest anniversary date among the mechanisms.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1), (2), (3) renum. to (1) (intro.), (a), (b) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (intro.) made under s. 35.17, Stats., Register October 2019 No. 766.

Subchapter VIII — Training for Operators of Underground Storage Tank Systems

ATCP 93.800 Purpose. The purpose of this subchapter is to implement the operator-training requirements issued by the U.S. environmental protection agency in response to the federal Energy Policy Act of 2005.

Note: The EPA operator-training requirements are available through the following Web site: https://www.epa.gov/ust/operator-training-minimum-training-requirements-and-training-options.

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

ATCP 93.805 Scope. This subchapter applies to all underground storage tank systems that are required by s. ATCP 93.145 to have a permit to operate from the department.

Note: This subchapter generally does not specify operation or maintenance requirements. For applicable operation or maintenance requirements, refer to previous sections of this chapter, such as s. ATCP 93.605 (1) (a), which requires fuel dispensing facilities to have periodic and annual inspections and maintenance in accordance with PEI RP500 and RP900.

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

ATCP 93.810 Definitions. In this subchapter:

(1) “Class A operator” means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements. The Class A operator typically manages resources and personnel, such as establishing work assignments to achieve and maintain compliance with regulatory requirements.

Note: In general, this individual focuses on the broader aspects of the statutory and regulatory requirements and standards necessary to properly operate and maintain an underground storage tank system, such as the requirements in 40 CFR 280 and this chapter.

(2) “Class B operator” means the individual who has day-to-day responsibility for implementing applicable regulatory requirements. The Class B operator typically implements in-field aspects of operation, maintenance, and record keeping for the UST system.

Note: This individual generally focuses on field implementation of applicable UST requirements and the day-to-day aspects of operating, maintaining, and record keeping for USTs at one or more facilities.

(3) “Class C operator” means the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.

Note: This individual typically is the first line of response to alarms and to events indicating emergency conditions. Not all employees of the facility are necessarily Class C operators.

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

ATCP 93.820 Designation of Class A, Class B, and Class C operators.

(1) Each new or existing underground storage tank system or group of underground storage tank systems at a facility shall have a Class A operator, a Class B operator, and a Class C operator, as designated by the owner or operator and as accredited in accordance with this subchapter.

Note: This subchapter does not preclude any individual from being designated to more than one of the operator classes, provided the individual complies with the requirements for each designated class.

Note: This subchapter does not preclude any individual from being a designated operator for more than one facility that includes an underground storage tank system.

Note: This subchapter does not preclude an owner or operator from contracting with another party to provide Class A, Class B, and Class C operators.

Note: There may be occasions when a Class A, Class B, or Class C operator will not be present at a facility. For example, operators are frequently not present at unmanned facilities, such as emergency generators at telecommunication towers and card lock/card access facilities. However, these operators are still responsible for operation and maintenance activities or responding to emergencies or alarms and are still subject to the requirements of this subchapter.

(3) If the owner and operator of the tank system are separate persons, either the owner or operator may designate the Class A, Class B, and Class C operators at the facility, but both the owner and the operator are under the same responsibility under this section to ensure that Class A, Class B, and Class C operators are designated.

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1) (title) repealed under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766.

ATCP 93.830 Responsibilities of Class A, Class B, and Class C operators.

(1) Class A operators. Responsibilities of a Class A operator include all of the following:

(a) Compliance with tank system registration and permit to operate requirements.

(b) Managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

1. Properly operate and maintain the underground storage tank system.

2. Maintain appropriate records.

3. Receive training to operate and maintain the underground storage tank system and keep records.

4. Properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.

5. Make financial responsibility documents available to the authorized agent or the department as required.

(2) Class B operators. Responsibilities of a Class B operator include ensuring that all of the following occur:

(a) Requirements for leak or release detection methods, record keeping, and reporting are met.

(b) Requirements for leak or release prevention equipment, record keeping, and reporting are met.

(cm) Monthly periodic inspections required under PEI RP 500 and RP 900 per ss. ATCP 93.500 (8) and ATCP 93.605 (1) are performed or reviewed monthly by a Class B operator.

(d) Appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.

(e) All Class C operators are provided with training and written instructions that include all of the following:

1. Emergency response procedures, including all of the following:

a. Procedures for overfill protection during delivery of regulated substances.

b. Operation of emergency shut-off systems.

c. Appropriate responses to all alarms.

d. Reporting of leaks, spills and releases.

e. Any site-specific emergency procedures.

2. The name and other information needed for contacting appropriate parties if a leak, spill, release, or alarm occurs.

(f)

1. A Class C operator is present during all operating hours of the underground storage tank system, except as provided in subd. 2.

a. For fueling facilities which are attended as specified in s. ATCP 93.605 (5) (a) and which include hours of operation when no attendant is on duty, a sign shall be posted in a conspicuous place, stating the emergency shutoff procedures and the name and telephone number of the Class B operator, along with the name and telephone number of the local emergency responders, including 911 personnel.

Note: Section ATCP 93.605 (5) (a) reads as follows: To be considered as being an attended fueling facility, there shall be at least one attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe, and control the actual dispensing of fuel.

b. For fueling facilities that are not attended as specified in s. ATCP 93.605 (5) (a), signage shall be posted in accordance with the location and information requirements in subd. 2. a.

c. For facilities which are not addressed in subd. 2. a. or b. and which typically are unmanned, such as emergency generators, signage shall be posted in accordance with the location and information requirements in subd. 2. a.

(3) Class C operators. Responsibilities of a Class C operator include all of the following:

(a) Initially responding to alarms, spills, leaks, or releases.

(b) Notifying the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary.

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

ATCP 93.840 Training elements for Class A operators. Each Class A operator shall attend department-approved training in all of the following: