ATCP 93.703(8) (8) “Occurrence” means an accident, or a continuous or repeated exposure to conditions, that results in a release from a storage tank system.

ATCP 93.703 Note Note: This definition is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of “occurrence” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of “occurrence.”

ATCP 93.703(9) (9) “Operation” or “in operation” means the underground storage tank was used to store a regulated substance at any time after December 22, 1988, regardless of the current status of the tank.

ATCP 93.703(10) (10) “Owner or operator,” when the owner or operator are separate parties, means the party that is obtaining or has obtained financial assurances.

ATCP 93.703(11) (11) “Petroleum marketing facilities” means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

ATCP 93.703(12) (12) “Petroleum marketing firms” means all firms owning petroleum marketing facilities. Firms owning other types of facilities with tanks covered in the scope of this subchapter as well as petroleum marketing facilities are considered to be petroleum marketing firms.

ATCP 93.703(13) (13) “Property damage” has the meaning given to this term by administrative rules of the office of commissioner of insurance. This term does not include those liabilities that, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage do not include corrective action associated with releases from tanks that are covered by the policy.

ATCP 93.703 Note Note: For further information about this term, see ch. Ins 6, which interprets this term as it is used in s. 292.63 (1) (ad), Stats. for petroleum storage environmental cleanup.

ATCP 93.703(14) (14) “Provider of financial assurance” means an entity that provides financial assurance to an owner or operator of a tank system covered in this subchapter through one of the mechanisms listed in ss. ATCP 93.710 to 93.735, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state-required mechanism, or a state.

ATCP 93.703(15) (15) “Substantial business relationship” means the extent of a business relationship necessary under Wisconsin law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued incident to that relationship if it arises from and depends on current economic transactions between the guarantor and the owner or operator.

ATCP 93.703(16) (16) “Tangible net worth” means the tangible assets that remain after deducting liabilities; the assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, “assets” means all current and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

ATCP 93.703 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (8) made under s. 35.17, Stats., Register October 2019 No. 766.

ATCP 93.705 ATCP 93.705 Amount and scope of required financial responsibility.

ATCP 93.705(1) (1) Owners or operators of petroleum storage tank systems within the scope of this subchapter shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum storage tank systems within the scope of this subchapter in at least the following per-occurrence amounts:

ATCP 93.705(1)(a) (a) For owners or operators of petroleum underground storage tank systems that are located at petroleum marketing facilities, or that throughput an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year; $1 million.

ATCP 93.705(1)(b) (b) For all other owners or operators of petroleum storage tank systems covered in s. ATCP 93.700 (1); $500,000.

ATCP 93.705(2) (2) 

ATCP 93.705(2)(a) (a) For the purposes of this subsection, “petroleum underground storage tank” means a single containment unit and does not mean combinations of single containment units.

ATCP 93.705(2)(b) (b) Owners or operators of petroleum underground storage tank systems shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tank systems in at least the following annual aggregate amounts:

ATCP 93.705(2)(b)1. 1. For owners or operators of one to 100 petroleum underground storage tanks; $1 million.

ATCP 93.705(2)(b)2. 2. For owners or operators of 101 or more petroleum underground storage tanks; $2 million.

ATCP 93.705(3) (3) Owners or operators of petroleum aboveground storage tanks covered in this subchapter shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from their operation in the amount of $1 million per occurrence.

ATCP 93.705(4) (4) If the owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility, the amount shall be in the full amount specified in subs. (1) to (3) for any of the following, except as provided in sub. (5):

ATCP 93.705(4)(a) (a) Taking corrective action.

ATCP 93.705(4)(b) (b) Compensating third parties for bodily injury and property damage caused by sudden accidental releases.

ATCP 93.705(4)(c) (c) Compensating third parties for bodily injury and property damage caused by non-sudden accidental releases.

ATCP 93.705(5) (5) If an owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum storage tank systems, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.

ATCP 93.705(6) (6) 

ATCP 93.705(6)(a) (a) Owners or operators shall review the amount of aggregate assurance provided whenever additional petroleum storage tank systems are acquired or installed.