Chapter ATCP 94

ATCP 94.330 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (b) to (d), am. (3) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.11 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.700 and am. Register December 2010 No. 660, eff. 1-1-11; CR 21-096: r. and recr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.340 ATCP 94.340 Documentation and records.

ATCP 94.340(1) (1) General. Any person receiving, unloading, using, offering for sale, or selling any liquid fuel product shall accurately identify the product as to name or grade. Delivery of automotive fuel to a retail outlet shall include a certification of the automotive fuel rating, either by letter, or on the delivery ticket or other paper, as required by 16 CFR 306.12.

ATCP 94.340(2) (2) Oxygenate disclosure. Any person who distributes fuel products which contain one percent or more by volume of an oxygenate, shall accurately state on any invoice, bill of lading, shipping paper, or other documentation accompanying the shipment used in normal and customary business practices, the type of oxygenate and maximum percent by volume contained in the fuel.

ATCP 94.340(3) (3) Transportation records. Every person transporting liquid fuel products shall maintain accurate and complete records showing the shipment or receipt of the fuel products. The department shall have free access to the records for the purpose of determining the amount of liquid fuel products shipped or received.

ATCP 94.340(4) (4) Receipt records. Every person receiving fuel products shall maintain an accurate and complete record of the delivery of the product, together with bills of lading, waybills, and any other documents pertinent to verifying the inventory of the product, for at least 10 years, unless approval to the contrary is obtained from the department in writing. The department shall have free access to the records for the purpose of determining the amount of fuel products shipped or received.

ATCP 94.340 Note Note: See s. 98.225, Stats., for additional detailed requirements for deliveries of certain liquid fuels.

ATCP 94.340 History History: CR 21-096: cr. Register February 2024 No. 818, eff. 3-1-24; correction in (1) made under s. 35.17, Stats., Register February 2024 No. 818.

subch. IV of ch. ATCP 94 Subchapter IV — Violations

ATCP 94.400 ATCP 94.400 Prohibited acts.

ATCP 94.400(1) (1) No person other than an operator of a refinery or terminal may deliver, unload, direct, or transfer a fuel product into a storage tank system labeled as containing dissimilar fuel product unless specifically approved in writing by an inspector.

ATCP 94.400(2) (2) Except as authorized under sub. (1), no person may deliver, unload, direct, or transfer dissimilar fuel products into a storage tank unless specifically approved in writing by an inspector.

ATCP 94.400(3) (3) No person may hinder, divert, or obstruct inspectors in the performance of their duties under the authority of this chapter.

ATCP 94.400(4) (4) No person may represent a motor fuel or fuel product in any manner that is contrary to the provisions and the adopted standards of this chapter, and the provisions of ch. 168, Stats.

ATCP 94.400(5) (5) Except as authorized under sub. (1), no person may transfer a fuel product to any place for retail sale or offer to sell that fuel product if it has been contaminated with a dissimilar product or altered after being tested under this chapter, unless either approved otherwise by the department or further testing shows the product complies with this chapter.

ATCP 94.400(8) (8) No person may fail to maintain accurate and complete records and reports required under this chapter.

ATCP 94.400(9) (9) No person may remove or tamper with any red-tag without written authorization from the department.

ATCP 94.400(10) (10) No person may fail to comply with an administrative order issued by the department.

ATCP 94.400(11) (11) Except as authorized under sub. (1), no person may blend a fuel product in an underground storage tank.

ATCP 94.400(12) (12) No person may remove contaminated product from a retail storage tank system without first notifying the department.

ATCP 94.400 History History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.590, am. (1), (2), (4), renum. (5), (6) to be (6), (7) and am., cr. (5) Register December 2010 No. 660, eff. 1-1-11; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: am. (1), (2), (5), r. (6), (7), cr. (8) to (12) Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.410 ATCP 94.410 Reimbursement of product-analysis and investigation costs.

ATCP 94.410(1) (1) Investigations and testing. An owner or seller of a product shall reimburse the department for all of the following, as specified in sub. (2):

ATCP 94.410(1)(a) (a) Investigation and testing of fuel specification failures, misdeliveries, and contaminated fuel.

ATCP 94.410(1)(b) (b) Investigation and testing of mislabeled products.

ATCP 94.410(1)(c) (c) Investigation and testing related to accidents or explosions under s. ATCP 94.100 (6).

ATCP 94.410(1)(d) (d) Investigation and testing requested by the owner or seller of the product.

ATCP 94.410(2) (2) Costs. An owner or seller of a product shall reimburse the department the cost of shipping plus:

ATCP 94.410(2)(a) (a) $80 per hour for investigations and testing by the department conducted between 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.

ATCP 94.410(2)(b) (b) $120 per hour for investigations and testing performed by the department on Saturdays, Sundays, holidays, and at times other than scheduled from 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.

ATCP 94.410(3) (3) Outside testing. An owner or seller of products which are subjected to an analysis that cannot be performed by department equipment and which are therefore sent to an outside testing source shall reimburse the department for the actual cost of the analysis, the cost of shipping, the fee specified in sub. (2), and pay any fee assessed under this chapter.

ATCP 94.410(4) (4) Due date. All reimbursements and fees that are due under this section shall be paid within 15 calendar days of billing.

ATCP 94.410(5) (5) Continuation of shutdown. Failure to pay any reimbursements or fees required under this section, for a liquid fuel storage tank system that has been shut down under s. ATCP 94.100 (8), shall result in a continuation of that shutdown.

ATCP 94.410(6) (6) Waiver. All reimbursements and fees under this section shall be waived if the analysis or investigation determines that the corresponding product complies with this chapter.

ATCP 94.410 History History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.650 and am. (2) (c), (5) Register December 2010 No. 650, eff. 1-1-11; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; correction in (1), (2) (intro.), (c), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (2) (c), (5) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: renum. (1) to (3) and am., r. (2), cr. (1) and (2), renum. (3) to (6), am. (5) Register February 2024 No. 818, eff. 3-1-24; correction in (2) (b) made under s. 35.17, Stats., Register February 2024 No. 818.