ATCP 93.115(2)(b)4. 4.

ATCP 93.115(2)(b)4.a. a. Before a shop-built tank system is placed into operation, including back into operation after undergoing a modification or upgrade that is required to have plan approval or registration, the authorized agent or the department shall inspect the installation, and shall record the results by completing and signing the installation checklist, form TR-WM-120, or TR-WM-138 UST, as received from the installer, under s. ATCP 93.400 (5) (f) or 93.500 (6) (e).

ATCP 93.115(2)(b)4.b. b. The original of the installation checklist, form TR-WM-120, or TR-WM-138, shall be completed and submitted to the department. A copy of the checklist shall be furnished to the owner, and a copy shall be retained by the authorized agent if there is one.

ATCP 93.115(2)(b)5. 5. The owner or operator of a facility shall notify the authorized agent or the department before placing a tank into service.

ATCP 93.115 Note Note: Section ATCP 93.145 specifies where a permit to operate must also be applied for before placing a tank into service.

ATCP 93.115(2)(c) (c) Operating facilities. Inspections at operating facilities, as determined by the authorized agent or the department, shall be conducted periodically by the authorized agent or the department to determine if the installation remains in conformance with the provisions of this chapter.

ATCP 93.115(2)(d) (d) Written order. When the tank system is inspected by a certified tank system inspector, any violations of this chapter shall be specifically listed, along with an allotted time to correct the violation.

ATCP 93.115(3) (3) System shutdown. Persons with enforcement authority under this chapter may shut down any part of a tank system, using the department-issued red-tag procedure, under any of the following conditions:

ATCP 93.115(3)(a) (a) Immediate shutdown. The following tank systems shall be subject to immediate shutdown:

ATCP 93.115(3)(a)1. 1. Tank systems or their components that pose an immediate danger to life, safety or health. Conditions that cause immediate danger to life, safety, or health include visual evidence of leakage of a regulated substance, immediate human exposure to a regulated substance in the environment, defective equipment resulting in release of a regulated substance, overfill prevention that is not functioning properly or inadequate tank venting.

ATCP 93.115(3)(a)2. 2. Tank systems that do not have leak detection, corrosion protection or spill and overfill protection installed as required under this chapter.

ATCP 93.115 Note Note: Immediate shutdown is not authorized under subd. 2. where equipment is installed properly but is operating improperly, such as a sacrificial anode system that fails to meet the negative 850-millivolt threshold in s. ATCP 93.520 (2).

ATCP 93.115(3)(a)3. 3. Tank wagons and movable tanks that are located, used or moved in a manner which presents an immediate environmental or safety hazard.

ATCP 93.115(3)(a)4. 4. Tank systems undergoing installation that are not in compliance with this chapter, until the certified installer, professional engineer or owner obtains a petition for variance or code interpretation from the department showing that the action in question provides an equivalent degree of fire and environmental protection as the requirement in this chapter.

ATCP 93.115(3)(a)5. 5. Tank systems that have experienced a lapse in financial responsibility required under subch. VII, until financial responsibility is obtained and the tank system is issued a permit to operate.

ATCP 93.115(3)(a)6. 6. Tank systems used to store liquids that have been shown to be corrosive, reactive or otherwise incompatible with materials used in the construction of the tank system.

ATCP 93.115(3)(a)7. 7. Tank systems with any breach that has the potential for liquid or vapor release, discovered as a result of an actual leak or a leak detection test, until the breach is repaired or otherwise corrected.

ATCP 93.115(3)(a)8. 8. Tank systems that undergo a change of ownership in violation of s. ATCP 93.150, until all the requirements of that section are met.

ATCP 93.115(3)(b) (b) Shutdown after investigation or inspection. The following tank systems shall be subject to shutdown after investigation or inspection:

ATCP 93.115(3)(b)1. 1. Tank systems or their components for which there is clear evidence of a release to the environment.

ATCP 93.115 Note Note: Data sources that can yield evidence of these releases include inventory records, precision tightness testing results, and leak detection system results.

ATCP 93.115(3)(b)2. 2. Tank systems that show evidence of attempts to mislead the authorized agent or the department regarding code compliance.

ATCP 93.115 Note Note: Examples of this evidence include obviously falsified records, sensors that are altered or rendered inoperative, or spill and overfill prevention equipment that has been tampered with or altered.

ATCP 93.115(3)(c) (c) Shutdown after continued violation.

ATCP 93.115(3)(c)1. 1. Tank systems or components are subject to shutdown for a continuing code violation under this chapter, provided all of the following conditions are met:

ATCP 93.115(3)(c)1.a. a. An order, allowing a period for compliance of at least 15 days, is issued with a specific compliance date.

ATCP 93.115(3)(c)1.b. b. The reinspection made after the specified compliance date shows that compliance has not been achieved.

ATCP 93.115(3)(c)2. 2. If compliance is not achieved by the 15-day compliance date as in subd. 1. a., any additional inspections may result in a reinspection fee per the special inspection fees listed in s. ATCP 93.1605 (5).

ATCP 93.115(3)(d) (d) Required information. The owner or operator shall provide the authorized agent or the department with all of the following information when a system is shut down: