ATCP 93.565(1)(1)General. Tank systems that are abandoned with or without product shall be closed within 60 days of non-compliance with s. ATCP 93.545 or in-use tank system requirements.
ATCP 93.565(2)(2)Exceptions. Abandoned tank systems that are less than 30 years old or of double-wall construction may be returned to service if they all of the following conditions:
ATCP 93.565(2)(a)(a) Apply for permits to operate in accordance with s. ATCP 93.145.
ATCP 93.565(2)(b)(b)
ATCP 93.565(2)(b)1.1. The integrity of a fiberglass tank shall be assessed and certified by the manufacturer or a qualified professional engineer. The assessment shall include an internal inspection and certification that the tank is suitable for continued service.
ATCP 93.565(2)(b)2.2. The integrity assessment of a steel tank shall be performed in accordance with API 1631.
ATCP 93.565(2)(b)2.a.a. Tanks that have an overall average tank metal thickness or an average tank thickness of a designated thin wall area of less than 75 percent or any through-wall perforations shall be immediately closed per s. ATCP 93.560.
ATCP 93.565(2)(b)2.b.b. Tanks that have an overall average tank metal thickness or an average tank thickness of a designated thin wall area of 75 percent to 85 percent shall have an impressed current system installed per s. ATCP 93.520 or be immediately closed per s. ATCP 93.560.
ATCP 93.565(2)(b)2.c.c. The certification and report of the assessment shall be submitted to the department for approval prior to adding product to the tank.
ATCP 93.565(2)(b)3.3. Cathodically protected tanks shall meet the requirements of s. ATCP 93.520.
ATCP 93.565(2)(b)4.4. Precision testing of the entire tank system without product shall be performed per s. ATCP 93.515 (4) by a certified tank system tightness tester.
ATCP 93.565(2)(b)5.5. A complete underground tank system functionality verification shall be conducted per s. ATCP 93.510 (2). Form TR-WM-139 documenting the verification shall be submitted to the department.
ATCP 93.565(2)(b)6.6. The tank system shall fully comply with this chapter before being placed back into service, except double-wall construction is not newly required for tank systems installed before February 1, 2009.
ATCP 93.565(2)(b)7.7. The tank system shall pass a department storage tank system inspection conducted in accordance with this chapter.
ATCP 93.565 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; (1) (title) created under s. 13.92 (4) (b) 2., Stats., and correction in (2) (intro.), (b) 1., 7. made under s. 35.17, Stats., Register October 2019 No. 766.
ATCP 93.570ATCP 93.570Conditions indicating a release. The owner or operator of a storage tank system shall follow the procedures in s. ATCP 93.575 when any of the following conditions exist or when ordered to do so by the department:
ATCP 93.570(1)(1)Operating conditions. Unusual operating conditions exist, such as erratic behavior of product dispensing equipment, loss of product from the tank system, an unexplained presence of water in the tank, or water or product in the interstitial space of a secondarily contained system.
ATCP 93.570 NoteNote: Significant damage to equipment would be considered to be an unusual operating condition that could result in needing to perform the assessments specified in s. ATCP 93.575.
ATCP 93.570(2)(2)Monitoring results. Results from a leak detection method, including an alarm, indicate that a release may have occurred.
ATCP 93.570(3)(3)Off-site impacts. Off-site impacts appear, such as the presence of contaminated soils or free product, dissolved phase product or vapors in soils, basements, sewer or utility lines, or nearby waters of the state.
ATCP 93.570(4)(4)Inventory verification. Inventory verification results indicate that a required method of leak detection has failed.
ATCP 93.570 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.
ATCP 93.575ATCP 93.575Tank-system integrity assessment.
ATCP 93.575(1)(1)General. The owner or operator shall assess all suspected or obvious releases in accordance with sub. (2) within 7 business days of discovery of any of the conditions described in s. ATCP 93.570, unless any of the following conditions occur:
ATCP 93.575(1)(a)(a) System equipment or the monitoring device is found to be defective and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result.
ATCP 93.575(1)(b)(b) Inventory control is the method of leak detection, as allowed by s. ATCP 93.510 (3) (d), and the data is reevaluated using an additional 7 days of data, and the reevaluation does not show a loss.
ATCP 93.575(2)(2)Assessment. The owner or operator shall evaluate and confirm all suspected or obvious releases by taking one or all of the following actions and shall also do so in accordance with any corresponding directive of the department:
ATCP 93.575(2)(a)(a) Tank-system integrity assessment.
ATCP 93.575(2)(a)1.1. The owner or operator shall have a precision tightness test conducted in accordance with s. ATCP 93.515 (4) to determine whether a leak exists.