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):

ATCP 93.110(3)(a) (a) Where one or more tanks for storage of a regulated substance have an individual capacity of 5,000 gallons or more.

ATCP 93.110(3)(b) (b) Where the tank system is located in an area where there is no LPO.

ATCP 93.110(3)(c) (c) Where there is installation of, or an upgrade or addition to, the corrosion protection system, regardless of tank size.

ATCP 93.110(3)(d) (d) Where there is initial installation of leak detection to a tank system, regardless of tank size.

ATCP 93.110(3)(e) (e) Where there is an upgrade or addition to the leak detection system, regardless of tank size, including any of the following:

ATCP 93.110(3)(e)1. 1. A change in manufacturer.

ATCP 93.110(3)(e)2. 2. A change in model number.

ATCP 93.110(3)(e)3. 3. A change in methodology.

ATCP 93.110 Note Note: Examples of changes in methodology include switching from a mechanical line leak detector to an electronic one, static tank leak detection to continuous statistical leak detection (CSLD) or changing from statistical inventory reconciliation to an automatic tank gauge (ATG) or vice versa.

ATCP 93.110(3)(f) (f) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.

ATCP 93.110(3)(g) (g) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.

ATCP 93.110(4) (4) Plan review by 1st class city. All plans for facilities within a 1st class city shall be submitted to that city for review and approval.

ATCP 93.110 Note Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.

ATCP 93.110(5) (5) Sequence of jurisdiction. Where an authorized agent has jurisdiction under this chapter, and a provision of this chapter refers to the authorized agent or the department, the authorized agent’s jurisdiction shall be exercised in advance of the department’s jurisdiction.

ATCP 93.110 Note Note: Under s. ATCP 93.020 (10), the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

ATCP 93.110 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (4) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.115 ATCP 93.115 Enforcement and inspections.

ATCP 93.115(1) (1) General enforcement.

ATCP 93.115(1)(a) (a) Enforcing agents. This chapter shall be enforced by the authorized agent and the department having jurisdiction and authority under this chapter.

ATCP 93.115(1)(b) (b) Access. The authorized agent or the department is authorized to enter any building, facility or premises and examine any tank system or component and associated records for the purpose of enforcing this chapter.

ATCP 93.115(1)(c) (c) Reexposure. If any tank system or component that is subject to inspection is covered or concealed without the prior knowledge and authorization of the authorized agent or the department, the agent or department has the authority to require such work be exposed for inspection.

ATCP 93.115(1)(d) (d) Tampering. Signs, red-tags or seals posted or affixed by the authorized agent or the department may not be removed, mutilated, or tampered with, unless authorized by the agent or the department.

ATCP 93.115 Note Note: Authorized agents and the department with ch. ATCP 93 enforcement responsibility have the authority to shut down a system or to prohibit specific actions relating to the operation of a system, dispensing product from the system, or adding product to a tank, by securing a red-tag to a component of the system marking the respective component inoperable until compliance has been achieved. Only an authorized agent or the department is authorized to grant the removal of the red-tag.

ATCP 93.115(2) (2) Inspections.

ATCP 93.115(2)(a) (a) General.

ATCP 93.115(2)(a)1. 1. Tank system inspections for administering and enforcing this chapter shall be conducted by certified tank system inspectors.

ATCP 93.115(2)(a)2. 2. Fire safety inspections involving flammable, combustible or hazardous liquids shall be conducted by either the authorized agent or the department or by an authorized member of the local fire department.