ATCP 93.805   Scope.

ATCP 93.810   Definitions.

ATCP 93.820   Designation of Class A, Class B, and Class C operators.

ATCP 93.830   Responsibilities of Class A, Class B, and Class C operators.

ATCP 93.840   Training elements for Class A operators.

ATCP 93.841   Training elements for Class B operators.

ATCP 93.842   Training elements for Class C operators.

ATCP 93.850   Acceptable training and certification processes.

ATCP 93.860   Documentation deadlines.

ATCP 93.870   Record keeping.

ATCP 93.880   Retraining for non-compliance.

Ch. ATCP 93 Note Note: Chapter Ind 8 as it existed on March 31, 1982 was repealed and a new chapter Ind 8 was created effective April 1, 1982; Chapter Ind 8 as it existed on April 30, 1991 was repealed and recreated as chapter Comm 10 effective May 1, 1991; corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490; chapter ILHR 10 was renumbered chapter Comm 10 under s. 13.93 (2m) (b) 1., Stats. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, February, 1999, No. 518. Chapter Comm 10 as it existed on January 31, 2009 was repealed and a new Chapter Comm 10 was created Register November 2008 No. 635, effective February 1, 2009. Chapter Comm 10 was renumbered chapter SPS 310 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672. Chapter SPS 310 was renumbered Chapter ATCP 93 under s. 13.92 (4) (b) 1., Stats., Register October 2013 No. 694, pursuant to 2013 Wis. Act 20, section 9138 (3) (fm) and (4) (f). Chapter ATCP 93 as it existed on October 31, 2019, was repealed and a new chapter ATCP 93 was created effective November 1, 2019, Register October 2019 No. 766.

ATCP 93.010 ATCP 93.010 Purpose. The purpose of this chapter is as follows:

ATCP 93.010(1) (1) In accordance with ss. 101.02 (15) (a) and 101.14 (1) (a), Stats., to provide fire and life safety through the safe storage, display, installation, operation, use, maintenance and transportation of flammable, combustible and hazardous liquids and the equipment, facilities, buildings and premises that are used to store, transfer and dispense them.

ATCP 93.010(2) (2) To comply with s. 168.23 (1), Stats.

ATCP 93.010 Note Note: Section 168.23 (1), Stats., reads in part:

ATCP 93.010 Note The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or are federally regulated hazardous substances.

ATCP 93.010 Note Note: The definition of federally regulated hazardous substances in s. 168.21 (3), Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4, Table 302.4.

ATCP 93.010 Note Note: The definition of “waters of the state,” as used in s. 168.21, Stats., is found in s. 281.01 (18), Stats., and reads as follows:

ATCP 93.010 Note “Waters of the state” includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.

ATCP 93.010(3) (3) To comply with the flammable and combustible liquid related provisions of subtitle I of the federal Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, which extended and strengthened the provisions of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act, also known as RCRA, of 1976 as contained in 42 USC 6912 and 6991.

ATCP 93.010(4) (4) In accordance with s. 168.16, Stats., to establish standards for storing and dispensing motor fuel in a manner that does not compromise any minimum product grade specifications achieved under ch. ATCP 94.

ATCP 93.010 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.020 ATCP 93.020 Scope and application.

ATCP 93.020(1) (1) New facilities and structures. The provisions of this chapter apply to all new facilities and structures and to new additions to facilities and structures that involve storage, transfer or dispensing of flammable, combustible or hazardous liquids.

ATCP 93.020(2) (2) Alterations to facilities and structures. The provisions of this chapter apply to new remodeling and alterations — for any flammable, combustible or hazardous liquid facility or structure — that are integral to storage, transfer or dispensing of flammable, combustible or hazardous liquids, including remodeling and alterations which affect fire hazard, release mitigation or replacement of major equipment.

ATCP 93.020(3) (3) Existing facilities and structures. All elements, systems or components of an existing facility or structure that are integral to storage, transfer or dispensing of flammable, combustible or hazardous liquids shall be maintained to conform with the requirements of this chapter that applied when the facility, structure, element, system or component was constructed, unless specifically stated otherwise in this chapter.

ATCP 93.020(4) (4) Change in operation. If the operation of an existing facility or structure is changed to an operation regulated by this chapter, the facility or structure shall be made to comply with the requirements for the new operation as provided in this chapter.