ATCP 33.20(8)(8) Storage containers protected from moving vehicles. An operator shall protect storage containers and appurtenances against damage that may be caused by moving vehicles.

ATCP 33.20(9)(9) Filling storage containers. An operator may not fill a storage container to more than 95% of capacity unless the storage container is one of the following:

ATCP 33.20(10)(a)(a) An operator shall label each fertilizer storage container, other than a mobile container, with the name or grade of fertilizer that it contains. Label contents shall be visible from outside the secondary containment structure in which the storage container is located.

ATCP 33.20(10)(b)(b) An operator shall label each pesticide storage container in compliance with the federal insecticide, fungicide and rodenticide act as amended (7 USC 136 to 136y) and regulations issued under that act. Label contents shall be visible from outside the secondary containment structure in which the storage container is located. The label on each pesticide storage container shall include the federal pesticide producing establishment number of the establishment that produced the pesticide. The label on a pesticide bulk sale container shall show the net contents of the container.

ATCP 33.20 NoteNote: A storage facility at which an operator repackages pesticide for sale or distribution from a storage container to mini–bulk or other containers is considered a “pesticide producing establishment” under the federal act. The operator of that storage facility must obtain a pesticide producing establishment number from the federal environmental protection agency, and must include that establishment number on every mini–bulk or other container filled at that storage facility. Mini-bulk containers must be properly labeled, regardless of whether they are mobile containers.

ATCP 33.20 NoteWhenever an operator sells pesticide from a storage container, the operator must supply the purchaser with the pesticide labeling required under ss. 94.676 and 94.70, Stats.

ATCP 33.20(11)(11) Venting pesticide storage containers. Every pesticide storage container, other than a mobile container or a container used only to store wood preservative, shall have a conservation vent that opens and closes within the designed pressure limits of the container to relieve excess pressure, prevent evaporative losses, and keep precipitation out of the container.

ATCP 33.20(12)(12) Underground storage prohibited. No person may store bulk liquid fertilizer, bulk liquid pesticide, or any material recovered under s. ATCP 33.52, below ground level, except in a storage container that is located in a secondary containment structure.

ATCP 33.20(13)(13) Inspecting and maintaining storage containers. An operator shall, at least semi-annually, inspect and maintain each storage container and its appurtenances to minimize the risk of a discharge. Whenever an operator repairs a storage container, the operator shall make the repair according to good engineering practice and manufacturer specifications. An operator shall remove a storage container from service if it cannot be adequately maintained.

ATCP 33.20(14)(a)3.3. Remove the storage container if the storage container is an underground storage container. A sump that has a capacity of more than 50 gallons is considered an underground storage container for this purpose. The operator shall notify the department at least 3 business days before the operator removes an underground storage container, and shall permit the department to take soil samples upon request.

ATCP 33.20(14)(b)(b) An operator shall comply with par. (a) within 2 years after a storage container is abandoned, except that:

ATCP 33.20(14)(b)1.1. If the storage container was abandoned prior to November 1, 2006, the operator shall comply with par. (a) within 2 years of November 1, 2006.

ATCP 33.20(14)(b)2.2. If the storage container is abandoned under par. (c) 4., the operator shall comply with par. (a) before the closing date for the sale of the storage container site unless the purchaser agrees to comply with par. (a) within 2 years after the abandonment date under par. (c) 4.