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.