ATCP 93.140 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (b) made under s. 35.17, Stats., Register October 2019 No. 766. ATCP 93.145(1)(1) General. All in-use and temporarily out of service storage tanks, whether new or existing, that are used to store a regulated substance shall have a permit to operate from the department, except this requirement does not apply to any of the following tanks: ATCP 93.145(1)(b)(b) Farm and residential underground storage tanks which have a capacity of less than 1,100 gallons and which are used for storing motor fuel. ATCP 93.145(1)(c)(c) Underground storage tanks storing heating oil for consumptive use on the premises. ATCP 93.145 NoteNote: Tanks that are not exempt from permit requirements under this paragraph include tanks that store heating oil as a back-up fuel for natural gas-fired boilers.
ATCP 93.145(2)(2) Permit application timeline. The tank owner shall obtain a permit to operate, in accordance with sub. (3), after all requirements for plan approval under s. ATCP 93.100 and registration under s. ATCP 93.140 are completed and the tank is installed. ATCP 93.145(3)(a)(a) The owner shall complete one permit application, form TR-WM-160, as provided by the department, for each tank and submit it to the department along with the information required on the application, except as specified in par. (b), and with any fees due to the department as assessed under this chapter or ch. ATCP 94. ATCP 93.145(3)(b)(b) Where registration information in full compliance with s. ATCP 93.140 (3) is submitted for a newly installed tank, the department shall use that information as the permit application. ATCP 93.145(4)(a)(a) The department shall review and make a determination on the permit application within 30 business days of receipt of the completed forms and required information. ATCP 93.145(4)(b)(b) Upon review and acceptance of the required forms, information and fees specified in sub. (3), the department shall issue an underground storage tank operating permit for each storage tank. ATCP 93.145(4)(c)(c) The department may decide to not issue or to not renew an operating permit for a tank if the department finds that there has been significant noncompliance with either this chapter or orders issued pursuant to this chapter. Upon making this decision, the department shall inform the owner or operator in writing of the reasons for the decision. ATCP 93.145 NoteNote: See s. ATCP 93.190 for requirements relating to appealing a decision by the department. ATCP 93.145(5)(5) Permit posting. Each permit to operate shall be posted at the premises where the tank is located, and in a location where the permit is visible to the public. The posted permit shall be maintained in a legible state. ATCP 93.145(6)(a)1.1. The underground storage tank permit to operate shall annually expire on the 28th day of the month specified in the initially issued permit, except as provided in subd. 2. ATCP 93.145(6)(a)2.2. When a change of ownership occurs, the permit to operate shall expire upon completion of the real estate transaction. ATCP 93.145(6)(b)1.1. The department shall send the tank owner of record a permit renewal notice and online renewal instructions before the expiration of the current permit, except as provided in subd. 2. ATCP 93.145(6)(b)2.2. Where a change of ownership occurs, the department shall send the new tank owner a permit application, form TR-WM-160, within 15 business days of being notified of the change of ownership, as addressed in s. ATCP 93.150. ATCP 93.145(6)(c)(c) To renew a permit, the tank owner shall complete all of the information required in the online application including all of the following information: