ATCP 93.050(109)(a)(a) A violation that causes, or may cause, a substantial, continuing risk to public health or the environment. ATCP 93.050(109)(b)(b) A violation that substantially deviates from a requirement of this chapter. ATCP 93.050(109)(c)(c) A violation that includes failure to install, maintain or operate equipment essential to preventing or detecting leaks. ATCP 93.050(109)(d)(d) A violation that is observed to reoccur repeatedly as a result of intentional or unintentional administrative or operational oversight. ATCP 93.050(110)(110) “Space heating” means heating of areas intended for occupancy or storage. ATCP 93.050(111)(111) “Storm water or wastewater collection system” means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance. ATCP 93.050(112)(112) “Structure” means an assembly of materials forming a construction for occupancy, storage, use, shelter or weather protection meeting the definition of place of employment under sub. (88) or public building under sub. (95). ATCP 93.050 NoteNote: The department does not consider a tank to be a structure although local or municipal regulations may classify a tank as a structure.
ATCP 93.050(113)(a)(a) There is indication that a tank system or dispensing 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; unexplained presence of water in a tank; or activation of a leak detection alarm system — but there is no observable environmental evidence of a release. ATCP 93.050(113)(b)(b) There is observable environmental evidence of a release, such as soil discoloration or free product, but the source is unknown. ATCP 93.050 NoteNote: See sub. (62) for a definition of “leak,” sub. (76) for a definition of “obvious release” and sub. (103) for a definition of “release.”
ATCP 93.050(114)(114) “Tank” means a device designed to contain an accumulation of regulated substance and constructed of non-earthen materials such as concrete, steel, fiberglass or plastic, and including the following types of tanks, which have the following meanings: ATCP 93.050(114)(a)(a) “Abandoned tank” means an aboveground or underground tank with or without product that is not recognized by this chapter as in-use, temporarily out of service, or closed. ATCP 93.050(114)(b)(b) “Accumulator tank” or “accumulator reservoir” means a container that is integral to a closed-loop mechanical-system operation of equipment, and that is used either to provide a regulated substance on demand, such as a fluid that is used as a heating or cooling media, or to store a regulated substance that is displaced from the functioning equipment, such as from an elevator or hydraulic lift. ATCP 93.050 NoteNote: Accumulator tanks are outside the scope of this chapter.
ATCP 93.050(114)(c)(c) “Breakout tank” means a tank that is used to relieve surges in an oil pipeline system or to receive and store oil transported by a pipeline for reinjection and continued transportation by a pipeline. Tanks considered by this chapter to be breakout tanks do not have piping that transfers product directly to or from a loading rack. ATCP 93.050(114)(d)(d) “Day tank” means an intermediate tank in a product transfer system between a storage tank and the end use of the product, usually a generator. The purpose of a day tank is to provide immediate product to the end source where the supply may otherwise be influenced by product temperature, viscosity or inadequate supply pressure. ATCP 93.050(114)(e)(e) “Farm tank” means a tank that is constructed in accordance with NFPA 30A section 13.2 and installed on a farm premises. ATCP 93.050(114)(f)(f) “Field-erected tank” means an aboveground tank that is built on the site from sections and components. ATCP 93.050 NoteNote: See par. (p) for a definition of “fixed tank.”
ATCP 93.050(114)(g)(g) “Gravity tank” means a supply tank from which the product is delivered directly by gravity. ATCP 93.050(114)(h)(h) “Integral tank” means a vessel with a liquid capacity of less than 110 gallons, which supplies fuel to an engine and which is assembled and used with the engine as a single unit of equipment. ATCP 93.050 NoteNote: Vessels with a capacity of 110 gallons or more are included in the definition of storage tank in par. (q).
ATCP 93.050(114)(i)(i) “Movable tank” means an aboveground storage tank that meets all of the following: ATCP 93.050(114)(i)1.1. Has a liquid capacity of 110 gallons or more, and is used for storing and dispensing liquid motor vehicle fuel. ATCP 93.050(114)(i)2.2. Is supported on skids, wheels without axles, or similar means and is not mounted upon a tank vehicle or chassis capable of road travel.