ATCP 93.110 NoteNote: 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 NoteNote: 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 HistoryHistory: 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(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 NoteNote: 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)(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. ATCP 93.115(2)(a)3.3. This chapter is not intended to limit or deny the ability of department of safety and professional services deputies to conduct the activities under s. 101.14 (1) (a) and (b), Stats., for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to fire hazards or to the prevention of fire. ATCP 93.115 NoteNote: See ch. SPS 314 for requirements for fire prevention not otherwise covered in this chapter. ATCP 93.115(2)(b)1.1. Inspections shall be conducted during the installation of new or replacement storage tanks or piping systems within the plan review scope of s. ATCP 93.100. ATCP 93.115(2)(b)2.2. There shall be a minimum of 3 inspections performed on underground storage tank systems or on any system that has underground piping, at the following installation points: ATCP 93.115(2)(b)2.a.a. At a pre-construction meeting. For installations involving underground tanks or piping, the department’s pre-construction installation form, TR-WM-131, shall be filled out by the certified installer, and a copy shall be provided to the certified tank system inspector at the end of the meeting. Where an LPO has jurisdiction, the LPO shall send a copy of the form to the department. ATCP 93.115(2)(b)3.a.a. The certified installer shall notify the authorized agent or the department, on form TR-WM-121, at least 5 business days before starting an installation, to arrange for inspections. ATCP 93.115(2)(b)3.b.b. Any date or time changes to the original submitted notification form, TR-WM-121, shall be requested at least one business day prior to the original date or time. The new date or time must be later than the original date or time.