ATCP 33.52(3)(f) (f) An operator may discharge the collected precipitation to surface water, via a storm sewer or other conduit, if the operator has written permission from the Wisconsin department of natural resources.

ATCP 33.52(4) (4) Sample testing and follow-up. An operator who uses any of the management methods under sub. (3) (b) to (d) shall do all of the following:

ATCP 33.52(4)(a) (a) Obtain at least one sample of collected precipitation in each of the months of April, June, August and October.

ATCP 33.52(4)(b) (b) Have the samples under par. (a) analyzed, at a laboratory certified by the Wisconsin department of natural resources under ch. NR 149, for nitrate/nitrite-nitrogen and ammonia/ammonium-nitrogen.

ATCP 33.52(4)(c) (c) If any sample analyzed under par. (b) contains more than 200 milligrams of total nitrogen under par. (b) per liter, notify the department and implement a department-approved plan to manage collected precipitation containing more than 200 milligrams of total nitrogen per liter.

ATCP 33.52(4)(d) (d) Keep accurate records of all analytical results under par. (b).

ATCP 33.52 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 08-075: am. (4) (a) Register April 2009 No. 640, eff. 5-1-09; CR 14-047: am. (3) (d) 2. Register May 2015 No. 713, eff. 6-1-15.

ATCP 33.54 ATCP 33.54 Managing recovered discharges, rinsate and collected precipitation.

ATCP 33.54(1) (1) Liquid recovered under s. ATCP 33.52, if held by the operator pending use or disposal, shall be held in a storage container that complies with s. ATCP 33.20 and is located in a secondary containment structure that complies with s. ATCP 33.42.

ATCP 33.54(2) (2) Dry fertilizer or pesticide recovered under s. ATCP 33.52, if held by the operator pending use or disposal, shall be handled in a manner that complies with s. ATCP 33.22.

ATCP 33.54 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.56 ATCP 33.56 Use and disposal of recovered material.

ATCP 33.56(1) (1) Safe use or disposal. An operator shall safely use or dispose of material recovered under s. ATCP 33.52. Use and disposal shall comply with applicable federal, state and local regulations.

ATCP 33.56(2) (2) Pesticides. An operator may not sell, distribute or apply any material recovered under s. ATCP 33.52 as a pesticide unless that sale or distribution complies with ch. ATCP 29.

ATCP 33.56 Note Note: An operator must obtain a permit under s. ATCP 35.03 before landspreading material recovered from the environment as part of an environmental remediation under ch. ATCP 35.

ATCP 33.56(3) (3) Fertilizers.

ATCP 33.56(3)(a) (a) Except as provided in par. (b), an operator may not sell or distribute any material recovered under s. ATCP 33.52 as a fertilizer or soil or plant additive unless that sale or distribution complies with ch. ATCP 40.

ATCP 33.56(3)(b) (b) Notwithstanding ch. ATCP 40, an operator may apply to land free of charge, or distribute free of charge to a landowner for application to that person’s land, rinsate recovered under s. ATCP 33.52 if the operator discloses to the landowner the types of fertilizer or soil or plant additives contained in that rinsate.

ATCP 33.56 Note Note: If rinsate contains pesticide, an operator must also comply with sub. (2). An operator must obtain a permit under s. ATCP 35.03 before landspreading material recovered from the environment as part of an environmental remediation under ch. ATCP 35.

ATCP 33.56 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 33.58 ATCP 33.58 Discharge response preparedness.

ATCP 33.58(1) (1) Discharge response plan required.

ATCP 33.58(1)(a) (a) The operator of a storage facility shall have a written discharge response plan for all of the following:

ATCP 33.58(1)(a)1. 1. Discharges at the storage facility.

ATCP 33.58(1)(a)2. 2. Discharges, at locations outside the storage facility, from mobile containers shipped from the storage facility.

ATCP 33.58(1)(b) (b) An operator shall do all of the following, with respect to a discharge response plan under par. (a):

ATCP 33.58(1)(b)1. 1. Review and amend the plan, as necessary, at least once each year.

ATCP 33.58(1)(b)2. 2. Keep a copy of the plan readily available at the storage facility and at the nearest local office from which the operator administers the storage facility.

ATCP 33.58(1)(b)3. 3. Make the plan available to the department for inspection and copying upon request.