ATCP 93.575ATCP 93.575 Tank-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)2.2. For UST systems with secondary containment, the owner or operator shall have the integrity of the interstitial space tested in accordance with one of the following, to determine whether a breach of the interstitial space has occurred: ATCP 93.575(2)(a)2.a.a. Requirements developed by the manufacturer, if the manufacturer has developed testing requirements. ATCP 93.575(2)(a)2.b.b. An approved standard developed by a nationally recognized association or independent testing laboratory. ATCP 93.575(2)(a)2.c.c. Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in this subdivision. ATCP 93.575(2)(b)(b) Tank-system site assessment. The owner or operator shall have the site assessed for the presence of a release in accordance with s. ATCP 93.580. ATCP 93.575 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.580(1)(1) General. When a tank-system site assessment is required by this chapter, or when directed by the department, the owner or operator shall have the site evaluated for the presence of a suspected or obvious release in accordance with sub. (3). ATCP 93.580 NoteNote: An “obvious release” means there is an indication of a release, and there is both environmental evidence, such as soil discoloration, observable free product, or odors — and a known source, such as a tank or piping with cracks, holes or rust plugs, or leaking joints. A “suspected release” means either of the following: (a) There is an indication that a tank system has leaked — such as inventory losses; observable free product or evidence of free product in secondary containment at dispensers, submersible pumps or spill buckets; petroleum odors; or leak detection alarm system activation — but there is no observable environmental evidence of a release; or (b) There is observable environmental evidence of a release, such as soil discoloration or free product, but the source is unknown.
ATCP 93.580(2)(2) Exemption from assessment. A tank system site assessment is required for the following tank systems or components only if there is a suspected or obvious release: ATCP 93.580(2)(a)(a) Tanks which have a capacity of less than 4,000 gallons and which stored heating oil for consumptive use on the premises where stored. ATCP 93.580(2)(b)(b) Tanks located at a private residence or on a farm premises, which have a capacity of less than 1,100 gallons, and which stored fuel for dispensing into motorized vehicles. ATCP 93.580(2)(c)(c) The closure of double-wall pipe when modification or upgrading is conducted on a system that will remain in operation, unless the piping is to be closed in-place. ATCP 93.580(2)(d)(d) Where the entire tank system, including the connections at the tank and dispensers, has been placed in liquid-tight secondary containment for the entire operational life of the system. ATCP 93.580(3)(a)(a) General. When a tank-system site assessment is required, the owner or operator shall have a certified tank-system site assessor document field observations and sample for the presence of a release wherever contamination is identified or is most likely to be present at the tank site. If the assessor discovers obvious contamination, he or she shall complete the appropriate assessment sampling, such as for the entire system; or for only the tank, or piping, or sumps, or dispensers, and complete the documentation and reporting in its entirety. All sampling, documentation, and reporting under this paragraph shall be in a format prescribed by the department. ATCP 93.580 NoteNote: The sampling documentation and reporting prescribed by the department is contained in Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases from Underground and Aboveground Storage Tank Systems available from the department’s Web site at https://datcp.wi.gov/Documents/TSSA.pdf. ATCP 93.580 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 $5,000 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 93.580(3)(b)(b) Exception. A person who is not a certified tank-system site assessor may perform assessments if directly supervised by a certified tank-system site assessor who is on the site during the entire assessment. ATCP 93.580(3)(c)1.1. The documentation required in par. (a) shall be filed with the owner or operator no later than 21 business days after discovery of the conditions that resulted in the assessment.