ATCP 93.680 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (6) (c) 2. made under s. 13.92 (4) (b) 14., Stats., Register October 2019 No. 766; correction in (4) (c), (7) (a), (b) made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794. ATCP 93.700(1)(1) This subchapter applies to owners and operators of any of the following storage tank systems, whether new or existing, that are in-use, seldom-used or temporarily out of service: ATCP 93.700(1)(b)(b) Petroleum aboveground storage tank systems located on piers that are not of solid-fill construction. ATCP 93.700(1)(c)(c) Petroleum aboveground storage tank systems, located on floating structures or watercraft, that are not used exclusively for the propulsion of that floating structure or watercraft. ATCP 93.700(1)(f)(f) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with single bottoms, that were upgraded with tank lining but not placed in impermeable dike systems. ATCP 93.700(1)(g)(g) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with double bottoms, that are not provided with interstitial monitoring and not placed in impermeable dike systems. ATCP 93.700(2)(2) This subchapter does not apply to any of the following: ATCP 93.700(2)(a)(a) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States. ATCP 93.700(2)(b)1.1. Farm and residential underground storage tank systems which have a capacity of less than 1,100 gallons and which are used for storing motor fuel for noncommercial purposes. ATCP 93.700(2)(b)2.2. Storage tank systems used for storing heating oil for consumptive use on the premises. ATCP 93.700(3)(3) If the owner and operator of a petroleum storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance. ATCP 93.700 HistoryHistory: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19. ATCP 93.703ATCP 93.703 Definitions. In this subchapter: ATCP 93.703(1)(1) “Accidental release” means any release of petroleum arising from operating a storage tank system that results in a need for corrective action or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator. ATCP 93.703(2)(2) “Affidavit of financial responsibility” means a form, supplied by the department on which the owner and operator attest to compliance with 40 CFR 280.111. ATCP 93.703 NoteNote: The affidavit of financial responsibility is required in addition to the certification showing the specific type of financial responsibility. See s. ATCP 93.745 (2) (j) for further information. ATCP 93.703(3)(3) “Aggregate” means an accident or a continuous or repeated exposure to conditions that result in a release from a storage tank system which might occur in one year. ATCP 93.703 NoteNote: This definition is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of “aggregate” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “aggregate.”
ATCP 93.703(4)(4) “Bodily injury” has the meaning given to this term by applicable Wisconsin statutes; however, this term does not include those liabilities that, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.