ATCP 33.40(2) (2) Exempt storage containers. No secondary containment is required under sub. (1) for any of the following:

ATCP 33.40(2)(a) (a) An empty storage container that has been thoroughly cleaned and rinsed. A pesticide container is thoroughly cleaned and rinsed if all exterior surfaces of the container are free of pesticide residues and all inside surfaces are triple rinsed.

ATCP 33.40(2)(b) (b) A mobile container kept at a storage facility for fewer than 7 days if all of the following apply:

ATCP 33.40(2)(b)1. 1. Loading and unloading of the mobile container complies with ss. ATCP 33.30 and 33.32.

ATCP 33.40(2)(b)2. 2. The storage facility has at least one storage container that has unused capacity greater than the total capacity of the mobile container.

ATCP 33.40(2)(c) (c) A mini-bulk container if the exterior surfaces of the mini-bulk container are clean and one of the following applies:

ATCP 33.40(2)(c)1. 1. The mini-bulk container is triple rinsed.

ATCP 33.40(2)(c)2. 2. The mini-bulk container is equipped with a device to prevent the container from being triple rinsed.

ATCP 33.40(2)(d) (d) An abandoned storage container if the operator complies with s. ATCP 33.20 (14).

ATCP 33.40 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.42 ATCP 33.42 Secondary containment structures; standards. A secondary containment structure required under s. ATCP 33.40 (1) shall comply with all of the following requirements:

ATCP 33.42(1) (1) Construction standards; general.

ATCP 33.42(1)(a) (a) A secondary containment structure shall take one of the forms authorized in s. ATCP 33.44.

ATCP 33.42(1)(b) (b) A secondary containment structure shall be designed, constructed and maintained to contain potential discharges of liquid fertilizer or pesticide from storage containers and appurtenances located within the structure.

ATCP 33.42(1)(c) (c) A secondary containment structure shall have the capacity required in sub. (2). An operator shall notify the department at least 7 business days before installing an additional storage container in a secondary containment structure, or replacing an existing storage container in a secondary containment structure with a larger storage container.

ATCP 33.42(1)(d) (d) A secondary containment structure shall comply with applicable wall height requirements in sub. (3).

ATCP 33.42(1)(e) (e) A secondary containment structure shall be designed, constructed and maintained to do all of the following:

ATCP 33.42(1)(e)1. 1. Withstand the full hydrostatic head of any liquid discharged within the structure.

ATCP 33.42(1)(e)2. 2. Prevent liquid in the structure from moving to groundwater or other waters of the state.

ATCP 33.42(1)(f) (f) A secondary containment structure shall have a coefficient of permeability of not more than 1x10-6 cm/sec.

ATCP 33.42(1)(g) (g) A secondary containment structure shall be designed to withstand the filled weight of all storage containers, appurtenances, pumps and equipment that may be used or located within it.

ATCP 33.42(1)(h) (h) A secondary containment structure may not have any opening through which precipitation or other liquids may drain from the structure. This paragraph does not apply to any of the following:

ATCP 33.42(1)(h)1. 1. A tank-in-tank that complies with s. ATCP 33.44 (9).

ATCP 33.42(1)(h)2. 2. A bladder tank that complies with s. ATCP 33.44 (10).

ATCP 33.42(1)(h)3. 3. An opening for a pipe that extends through the wall of a secondary containment structure constructed prior to November 1, 2006, provided that the operator complies with s. ATCP 33.20 (2) (d) 2. or the secondary containment structure has adequate containment capacity as required under sub. (2) below the level of the opening.

ATCP 33.42(2) (2) Capacity.

ATCP 33.42(2)(a) (a) The capacity of a secondary containment structure, including all portions of the structure to which a liquid may freely flow, shall be at least equal to the sum of all the following:

ATCP 33.42(2)(a)1. 1. One hundred and twenty five percent of the capacity of the largest storage container in the secondary containment structure if the secondary containment structure is not fully enclosed in a building, or 110% of the capacity of the largest storage container in the secondary containment structure if the secondary containment structure is enclosed in a building.

ATCP 33.42(2)(a)2. 2. The total volume of discharged liquid that would be displaced by the submerged portions of all other storage containers, fixtures and materials located within the secondary containment structure, if the structure were filled to capacity with discharged liquid.