ATCP 33.22(3)(a)(a) The structure is no longer used to store dry bulk fertilizer or dry bulk pesticide.

ATCP 33.22(3)(b)(b) The operator transfers ownership of the structure to a person who is not an operator.

ATCP 33.22(3)(c)(c) The department orders the removal or demolition of the storage structure, as part of a discharge cleanup under ch. ATCP 35.

ATCP 33.22(3)(d)(d) The operator fails to maintain the structure according to sub. (1).

ATCP 33.22(4)(4) Security. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be secured against access by unauthorized persons when the operator is not present at the storage facility.

ATCP 33.22(5)(a)(a) An operator shall label every storage bin and container used to store dry bulk fertilizer or dry bulk pesticide.

ATCP 33.22(5)(b)(b) A fertilizer label under par. (a) shall include the name or grade of the fertilizer, as required by s. 94.64 (2) (d), Stats.

ATCP 33.22(5)(c)(c) A pesticide label under par. (a) shall comply with the federal insecticide, fungicide and rodenticide act as amended (7 USC 136 to 136y) and regulations issued under that act. The label shall include the identification number of the pesticide producing establishment from which the pesticide originated.

ATCP 33.22 HistoryHistory: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

subch. IV of ch. ATCP 33Subchapter IV — Mixing and Loading Pads

ATCP 33.30(1)(1) Except as provided in s. ATCP 33.32 (8) or (9) or s. ATCP 33.34 (6), all handling of bulk fertilizer or bulk pesticide at a storage facility shall be conducted over a mixing and loading pad.

ATCP 33.30(2)(2) A mixing and loading pad shall be constructed and maintained to catch, contain and allow recovery of reasonably foreseeable discharges that may result from the handling of the bulk fertilizer or pesticide.

ATCP 33.30 HistoryHistory: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.32ATCP 33.32 Mixing and loading pad for liquid products. Except as provided in sub. (8) or (9), a mixing and loading pad used for liquid fertilizer or pesticide shall comply with all of the following:

ATCP 33.32(1)(1) Pump containment. A mixing and loading pad shall extend beneath any pump that the operator uses to transfer liquid fertilizer or pesticide, unless the pump is located within a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.32(2)(2) Appurtenance containment. A mixing and loading pad shall extend beneath any appurtenance or plumbing connection through which the operator transfers liquid fertilizer or pesticide, unless one of the following applies:

ATCP 33.32(2)(a)(a) The appurtenance or connection is located within a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.32(2)(b)(b) The appurtenance or connection is threaded, welded or permanently band-clamped.

ATCP 33.32(3)(3) Design, construction and maintenance; general. A mixing and loading pad shall comply with all of the following requirements:

ATCP 33.32(3)(a)(a) It shall be liquid-tight.

ATCP 33.32(3)(b)(b) It shall have the capacity required in sub. (4).

ATCP 33.32(3)(c)(c) It shall be constructed of materials specified in sub. (5).

ATCP 33.32(3)(d)(d) It shall be served by a pump and storage container that comply with s. ATCP 33.50.

ATCP 33.32(3)(e)(e) If it drains to a sump, the sump shall comply with s. ATCP 33.36.

ATCP 33.32(3)(f)(f) It shall be designed, constructed and maintained to withstand all foreseeable load conditions, including the filled weight of all vehicles, storage containers, appurtenances, pumps and equipment that may be used or located within it.

ATCP 33.32(3)(g)(g) It shall be protected against precipitation runoff from surrounding surfaces.

ATCP 33.32(3)(h)(h) It may not have any precipitation drain through which spilled fertilizer or pesticide could be discharged. Any precipitation drain that exists on November 1, 2006 shall be permanently sealed within 6 months after that date.