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) (14) Abandoning storage containers.

ATCP 33.20(14)(a) (a) An operator shall do all of the following to an abandoned storage container:

ATCP 33.20(14)(a)1. 1. Thoroughly clean and rinse the storage container.

ATCP 33.20(14)(a)2. 2. Remove any storage container appurtenances.

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.

ATCP 33.20(14)(c) (c) A storage container is abandoned, for purposes of this subsection, if any of the following apply:

ATCP 33.20(14)(c)1. 1. The operator removes the storage container from service, with the intent of doing so permanently.

ATCP 33.20(14)(c)2. 2. The storage container is out of service for more than 6 months because of a weakness or leak.

ATCP 33.20(14)(c)3. 3. The storage container is out of service for more than 2 years for any reason.

ATCP 33.20(14)(c)4. 4. The operator contracts to sell the storage container site to a person who is not an operator.

ATCP 33.20 History History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; CR 14-047: am. (7) (c) Register May 2015 No. 713, eff. 6-1-15.

ATCP 33.22 ATCP 33.22 Dry fertilizer or pesticide storage structures.

ATCP 33.22(1) (1) General. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be designed, constructed, inspected and maintained to withstand the pressure of stored product, to prevent discharges, and to prevent precipitation from contacting stored product.

ATCP 33.22(2) (2) Indoor storage required. An operator shall store dry bulk fertilizer and dry bulk pesticide on a portland cement concrete surface in a fully enclosed building, except that the operator may store the following products outdoors:

ATCP 33.22(2)(a) (a) Products that are fully enclosed in durable sealed weatherproof packages or containers.

ATCP 33.22(2)(b) (b) Potassium chloride, or another fertilizer product specifically authorized in writing by the department, if all of the following apply:

ATCP 33.22(2)(b)1. 1. The product is stored on an asphalt concrete or portland cement concrete surface that will contain any precipitation runoff that may come in contact with the stored product.

ATCP 33.22(2)(b)2. 2. The product is fully covered by a waterproof cover that prevents exposure to precipitation.

ATCP 33.22(3) (3) Removing product from storage structure. An operator shall remove all bulk fertilizer and bulk pesticide from a dry bulk fertilizer or dry bulk pesticide storage structure if any of the following apply:

ATCP 33.22(3)(a) (a) The structure is no longer used to store dry bulk fertilizer or dry bulk pesticide.

ATCP 33.22(3)(b) (b) The operator transfers ownership of the structure to a person who is not an operator.

ATCP 33.22(3)(c) (c) The department orders the removal or demolition of the storage structure, as part of a discharge cleanup under ch. ATCP 35.

ATCP 33.22(3)(d) (d) The operator fails to maintain the structure according to sub. (1).

ATCP 33.22(4) (4) Security. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be secured against access by unauthorized persons when the operator is not present at the storage facility.

ATCP 33.22(5) (5) Labeling storage bins and containers.