Chapter ATCP 93

ATCP 93.850(2) (2) Acceptable methods for meeting the requirements in sub. (1) and ss. ATCP 93.840 to 93.842 include all of the following:

ATCP 93.850(2)(a) (a) Class A and Class B operators. Class A and Class B operators shall obtain a certificate from a department-approved training program.

ATCP 93.850(2)(b) (b) Class C operators. Class C operators shall obtain a certificate issued by an accredited Class A or Class B operator or a department-approved training program showing that the Class C operator has successfully completed training conducted or authorized by an accredited Class A or Class B operator for the facility where the Class C operator is employed.

ATCP 93.850(4) (4) 

ATCP 93.850(4)(a) (a) To address Class A and Class B operators who are responsible for underground storage tank systems in multiple states, the department may accept operator training verification from other states if equivalency can be established.

ATCP 93.850(4)(b) (b) Class A and Class B operators who choose to proceed under this subsection shall obtain written proof of their training verification and the state’s equivalent operator training requirements and submit for department approval.

ATCP 93.850(4)(c) (c) Class A and Class B operators who choose to proceed under this subsection shall retain a copy of the department’s letter of approval at the facility.

ATCP 93.850 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (a) 6. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (c) made under s. 35.17, Stats., Register October 2019 No. 766; correction in (1) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

ATCP 93.860 ATCP 93.860 Documentation deadlines.

ATCP 93.860(1) (1) Class A, class B, and class C operators. All Class A, Class B, and Class C operators shall obtain the documentation specified in s. ATCP 93.850 (1) (c) before assuming their responsibilities under this subchapter, except as provided in sub. (2).

ATCP 93.860(2) (2) Existing, compliant facilities.

ATCP 93.860(2)(a) (a) An incoming Class A or Class B operator for a facility that was complying with s. ATCP 93.820 immediately before that personnel change may obtain the documentation specified in s. ATCP 93.850 (1) (c) no later than 30 days after assuming the responsibilities under this subchapter.

ATCP 93.860(2)(b) (b) An incoming Class A or Class B operator for a facility that was complying with s. ATCP 93.820 immediately before that personnel change shall notify the department of the Class A or Class B operator change within 15 days of completion of the training program.

ATCP 93.860 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.870 ATCP 93.870 Record keeping.

ATCP 93.870(1) (1) The owner or operator shall maintain the documentation specified in s. ATCP 93.850 (1) (c) at the underground storage tank system site and have it immediately available for inspection by the authorized agent or the department, except as provided in sub. (2).

ATCP 93.870(1m) (1m) Owners and operators of underground storage tank systems must maintain and have available onsite for inspection documentation of designated Class A, Class B, and Class C operators and maintain records verifying that the training and retraining, as applicable, have been completed. Records must:

ATCP 93.870(1m)(a) (a) Identify all Class A, Class B, and Class C operators currently designated for the facility.

ATCP 93.870(1m)(b) (b) Include names, class of operator trained, date of assumed duties, date of each completed initial training, and any retraining.

ATCP 93.870(1m)(c) (c) Include certificates specified in s. ATCP 93.850 (1) (c) verifying completion of training or retraining.

ATCP 93.870(1m)(d) (d) Be maintained in paper or electronic form by the owner or operator for as long as Class A, Class B, and Class C operators are designated.

ATCP 93.870(2) (2) For fueling facilities that are not attended as specified in s. ATCP 93.605 (5) (a) and facilities that typically are unmanned, such as emergency generators, the owner or operator shall maintain the documentation specified in s. ATCP 93.850 (1) (c) at a readily available site and provide it for inspection to the authorized agent or the department upon request.

ATCP 93.870 Note 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.

ATCP 93.870(3) (3) The documentation referenced in sub. (1), (1m), or (2) shall be accompanied with contact information for each designated operator, including a telephone number and mailing address.

ATCP 93.870 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (a) made under s. 35.17, Stats., Register October 2019.

ATCP 93.880 ATCP 93.880 Retraining for non-compliance.

ATCP 93.880(1) (1) If the authorized agent or the department determines that an underground storage tank system is not in compliance with release prevention and release detection requirements or exhibits a continuing pattern of non-compliance with this chapter, the department or authorized agent may order that the Class A, Class B, or Class C operators shall be retrained within 30 days.

ATCP 93.880(2) (2) Retraining under this section shall be in accordance with a directive by the department.

ATCP 93.880 Note Note: Significant operational compliance performance measures for release prevention and release detection, as developed by the U.S. environmental protection agency, are available at the following Web site: https://www.epa.gov/ust/significant-operational-compliance-soc-performance-measures.

ATCP 93.880 Note Note: Section ATCP 93.115 (3) (c) allows shutdown of any underground storage tank system for which there is a continuing violation of this chapter.

ATCP 93.880 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.