ATCP 93.020(6)(v) (v)

ATCP 93.020(6)(v)1. 1. A pipeline facility, including gathering lines, that is regulated under USC 49 chapters 601 and 603.

ATCP 93.020(6)(v)2. 2. An intrastate pipeline facility, including gathering lines, that is regulated under state laws as provided in USC 49 chapters 601 and 603 and which is determined by the United States secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline.

ATCP 93.020 Note Note: Chapter SPS 314 has fire prevention requirements that may apply to tanks which are not regulated by ch. ATCP 93, such as service tanks, and to portable tanks or containers which have a capacity of less than 110 gallons and which are used for flammable or combustible liquids, or for other liquids that are hazardous. Also, in conjunction with addressing the quality and retail sales of petroleum products, ch. ATCP 94 regulates containers which have a capacity of less than 275 gallons and which are used for storing gasoline or any other petroleum product that has a flash point of less than 100°F. Chapter ATCP 94 requires these containers to be colored red and appropriately labeled and prohibits using red containers for storing petroleum products that have a flash point of 100°F or more.

ATCP 93.020(7) (7) Differing rules.

ATCP 93.020(7)(a) (a) Where any department-written rule in this chapter differs from a requirement within a standard referenced in this chapter, the department-written rule shall govern.

ATCP 93.020(7)(b) (b) Where a rule prescribes a general requirement and another rule prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).

ATCP 93.020(7)(c) (c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).

ATCP 93.020(8) (8) Local regulations.

ATCP 93.020(8)(a) (a) This chapter does not limit the power of municipalities to make or enforce additional or more stringent regulations, provided the regulations do not conflict with this chapter or with any other rule of the department, except as provided in par. (b).

ATCP 93.020(8)(b) (b) A 1st class city may apply different requirements for administering plan review and inspections by the city.

ATCP 93.020 Note Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.

ATCP 93.020(9) (9) Retroactivity. The provisions of this chapter are not retroactively applied to existing facilities unless specifically stated in this chapter.

ATCP 93.020(10) (10) Interpretations. Under s. 168.23, Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

ATCP 93.020 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (a), (6) (v) 2., (8) (b) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.050 ATCP 93.050 Definitions. In this chapter:

ATCP 93.050(1) (1) “Aboveground storage tank” or “AST” means any vessel that has a liquid capacity of 110 gallons or more, is intended for fixed installation, is not solely used for processing and does not meet the definition of an underground storage tank.

ATCP 93.050(2) (2) “Accessible to the public” means any whole or part of property that, due to its location and commercial or public purpose, the public or a section of the public has or may reasonably be expected to have access.

ATCP 93.050(3) (3) “Aircraft” has the meaning given in s. 114.002 (3), Stats.

ATCP 93.050 Note Note: Section 114.002 (3), Stats., reads as follows:

ATCP 93.050 Note “Aircraft” means any contrivance invented, used or designed for navigation of or flight in the air, but does not include spacecraft.

ATCP 93.050(4) (4) “Airport” means any area of land or water that is designed for the landing and takeoff of aircraft, regardless of whether buildings are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for aircraft, and all appurtenant rights of way, whether new or existing, which are either public, private, or federal.

ATCP 93.050(4m) (4m) “Airport hydrant system” means an underground storage tank system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

ATCP 93.050(5) (5) “Alteration” means any modification to an installed tank system that involves cutting, drilling or welding on the tank shell or associated piping.

ATCP 93.050(6) (6) “Ancillary equipment” means any device, including such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of regulated substances to and from a storage tank.

ATCP 93.050(7) (7) “Annual” means a period of time less than or equal to 365 calendar days.

ATCP 93.050(8) (8) “Approved” means acceptable to the department.

ATCP 93.050(9) (9) “ATV” or “all-terrain vehicle” means a self-propelled motor-driven vehicle with wheels or tracks, used to transport people on land, snow, ice or water for purposes of sport or recreation and which cannot be licensed through the department of transportation for highway use.

ATCP 93.050(9m) (9m) “Authority having jurisdiction” means the department or an authorized agent responsible for approving equipment, installations or procedures.