ATCP 93.100(3)(c)3. 3. A conditional approval issued by the authorized agent or the department is not an assumption of any responsibility for the design, construction or maintenance of the facility.

ATCP 93.100 Note Note: Various sections of this chapter address the responsibilities that contractors have, under s. 168.22 (1), Stats., in achieving compliance with the technical requirements of this chapter, after plans and specifications are approved. For example, s. ATCP 93.115 (2) (b) 2. a. has requirements about completing a pre-construction installation form, and meeting then with an inspector; s. ATCP 93.115 (2) (b) 3. has requirements about notifying an inspector before starting an installation; ss. ATCP 93.400 (5) (b) and 93.500 (6) (a) have requirements about installing aboveground and underground tank systems according to the manufacturer’s instructions, the applicable national standards in s. ATCP 93.200, plans and specifications approved under s. ATCP 93.100 and this chapter; ss. ATCP 93.400 (5) (f) and 93.500 (6) (d) have requirements about completing a checklist during installation of aboveground and underground tanks or piping; and s. ATCP 93.500 (9) (a) 2. has requirements about documenting the performance of newly installed leak detection equipment. Contractors also have compliance responsibilities under various other sections, such as notifying an inspector about installing small tanks at farms and construction sites, in s. ATCP 93.630 (3) (c); notifying an inspector about converting a dispensing facility to a point-of-use dispenser, in s. ATCP 93.100 (1) (a) 7.; performing tank linings for underground tanks, in s. ATCP 93.530; applying for approval to convert an installed tank system to store alternative fuel, in s. ATCP 93.680; not allowing releases to occur, in s. ATCP 93.230 (a); stopping leaks and preventing migration of free product into the environment, in s. ATCP 93.585 (1); reporting releases to the department of natural resources, in s. ATCP 93.585 (2); and cleaning or removing tanks during closure, in ss. ATCP 93.315 (2) and 93.560 (2).

ATCP 93.100 Note Note: Section ATCP 93.115 (2) (b) 4. addresses the responsibility of the authorized agent or the department to inspect installation of shop-built tanks and to record the results on the installation checklist.

ATCP 93.100(3)(d) (d) Plan sets.

ATCP 93.100(3)(d)1. 1. A letter shall be sent to the designer and the owner of record with a statement relating to the examination of the plans and specifications and citing the conditions of approval or denial.

ATCP 93.100(3)(d)2. 2. The plans and specifications shall be dated and stamped either “Conditionally Approved” or “Not Approved.”

ATCP 93.100(3)(d)3. 3. For all projects reviewed by the department, the department shall retain 2 copies of the plans and specifications and shall forward one copy of the plans and specifications, the approval letter, and the installation application to the corresponding LPO if there is one.

ATCP 93.100(3)(d)4. 4. The remaining 2 sets of plans and specifications and the approval letter shall be returned to the person designated on the installation application.

ATCP 93.100 Note Note: Under ss. ATCP 93.400 (11) (b) and 93.500 (9) (b), the approved plans and specifications and approval letter must be kept on site and available to the authorized agent or the department during all phases of installation. After installation is completed, the plans and specifications and approval letter must be made available to the authorized agent or the department upon request.

ATCP 93.100(3)(e) (e) Plan denial. If the authorized agent or the department determines that the plans and specifications or application do not substantially conform to the provisions of this chapter, the application shall be denied in writing, specifying the reasons for denial.

ATCP 93.100(3)(f) (f) Appeals. In the event of a dispute as to whether the information submitted to an authorized agent shows compliance with the provisions of this chapter, the application may be submitted to the department for informal review, instead of filing a formal appeal under s. ATCP 93.190, and the decision of the department shall then govern.

ATCP 93.100(4) (4) Plan changes.

ATCP 93.100(4)(a) (a) Submittal as new installation. Additions or modifications to systems that occur or become known after the closing of the excavation or commencement of system operation shall be submitted for review as a new installation.

ATCP 93.100(4)(b) (b) Submittal as a revision.

ATCP 93.100(4)(b)1. 1. Additions or modifications which deviate from the original conditionally approved plans and specifications and which are made before closing the excavation or commencement of system operation shall be submitted for plan review and approval as a revision.

ATCP 93.100(4)(b)2. 2. The replacement of parts or components shall be submitted for plan review and approval as a revision, unless they will be identical in function to the previously approved parts or components, and they will be in the identical location of the previously approved parts or components.

ATCP 93.100 Note Note: Examples of modifications that require plan review as a revision include changes in tank placement, size of tank, length or direction of piping run, additional system components, and changes in monitoring equipment. The department will determine if the number and importance of items submitted for revision would be addressed more appropriately through a new plan submittal.

ATCP 93.100 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (i) made under s. 35.17, Stats., and (3) (a) 4. (title) created under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766; correction in (3) (b) 5. d. made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

ATCP 93.110 ATCP 93.110 Jurisdiction over enforcement.

ATCP 93.110(1) (1) Department approval of LPO.

ATCP 93.110(1)(a) (a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department or other agent approved by the department will exercise jurisdiction over the provisions of this chapter as the local program operator.

ATCP 93.110(1)(b) (b) The review of plans and specifications and the installation inspection for administering and enforcing this chapter shall be performed by a certified tank system inspector.

ATCP 93.110 Note Note: LPOs are under contract with the department. The contract specifies LPO qualifications and responsibilities, such as plan review, inspection and consultation.

ATCP 93.110(1)(c) (c) The department may revoke its approval of a local program operator where the plan examiners or inspectors do not meet the standards specified by the department or where other requirements of the department are not met.

ATCP 93.110(2) (2) Plan review by LPO. All of the following types of plans shall be submitted to the LPO for review and approval, except as provided in sub. (3) (b):

ATCP 93.110(2)(a) (a) Plans in which all tanks for the storage, handling or use of flammable or combustible liquids have an individual capacity of less than 5,000 gallons.

ATCP 93.110(2)(b) (b) Plans that consist solely of converting a full- or self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device, regardless of tank size.

ATCP 93.110 Note Note: Conversion to a point-of-sale dispensing system or device does not require a certified installer.

ATCP 93.110(3) (3) Departmental plan review. Plan review and approval shall be obtained from the department in all of the following situations, except as provided in sub. (4):