ATCP 94.300 Labeling of dispensers and containers. ATCP 94.310 Inspection procedures. ATCP 94.320 Water in tanks. ATCP 94.330 Department records. ATCP 94.340 Documentation and records. Subchapter IV — Violations
ATCP 94.400 Prohibited acts. ATCP 94.410 Reimbursement of product-analysis and investigation costs. Ch. ATCP 94 NoteNote: Chapter Ind 10 was renumbered to be chapter ILHR 48, Register, May, 1984, eff. June 1, 1984. Chapter ILHR 48 was renumbered to be chapter Comm 48 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490. Chapter Comm 48 was renumbered chapter SPS 348 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672. Chapter SPS 348 was renumbered chapter ATCP 94 under s. 13.92 (4) (b) 1., Stats., Register October 2013 No. 694, pursuant to 2013 Wis. Act 20, Section 9138 (3) (fm) and (4) (f). ATCP 94.100ATCP 94.100 Scope, application, and authority. ATCP 94.100(1)(1) Scope. This chapter primarily establishes quality standards for petroleum and other liquid fuel products that are used as liquid fuels for engines and heating equipment. It also establishes labeling requirements for used lubricating oils. ATCP 94.100(2)(2) Rule-making authority. Under ch. 168, Stats., the department has authority to promulgate rules relating to grade specifications for petroleum and other liquid fuel products, and to administer and enforce the rules. ATCP 94.100(3)(3) Authority to enter. The department has authority to enter any premises of any manufacturer, vendor, dealer, or user of petroleum or other liquid fuel products during the regular business hours to determine whether the fuel product has been inspected in accordance with this chapter. ATCP 94.100(4)(4) Authority to sample and test. The department has authority to obtain samples of petroleum and other liquid fuel products at any point within or without this state for the purpose of testing these products in accordance with this chapter. ATCP 94.100(5)(5) Authority for access to records. The department has authority to inspect the records of every person having custody of books or records showing the shipment, receipt, and inventory of petroleum or other liquid fuel products for the purpose of determining the amount of products shipped or received. ATCP 94.100(6)(6) Authority to perform investigations. Any accident or explosion involving petroleum or other liquid fuel products which comes to the knowledge of the department may be investigated by the department to determine whether there has been a violation of this chapter. ATCP 94.100(7)(7) Authority to provide assistance to local authorities. The department has authority, upon request of other state agencies or local authorities, to assist in the investigation of hazardous situations involving suspected or known liquid fuel products. ATCP 94.100(8)(8) Authority to stop sale. Persons with enforcement authority under this chapter have authority to shut down liquid fuel storage tank systems by the issuance of orders, the disabling with locks, or applying a red-tag, under the following conditions: ATCP 94.100(8)(a)(a) Immediate shutdown to protect life, safety, or health. Liquid fuel storage systems that contain products which pose an immediate danger to life, safety, or health shall be subject to immediate shutdown. Products that pose an immediate danger to life, safety, or health include all of the following: ATCP 94.100(8)(b)(b) Immediate shutdown to blend or remove liquid fuel products or wastes. Liquid fuel storage systems that contain wastes or products which fail to meet the operational and technical standards of this chapter shall be immediately shut down until a pump out or blend is completed under the supervision of a person with enforcement authority under this chapter. The system may be reopened as soon as the product contained in the tank is verified by a person with enforcement authority under this chapter as meeting this chapter’s operational and technical standards. ATCP 94.100(8)(c)(c) Immediate shutdown after a prohibited act. Liquid fuel storage systems are subject to immediate shutdown after any corresponding violation of s. ATCP 94.400 occurs. ATCP 94.100(8)(d)(d) Immediate shutdown after failure to maintain records. Liquid fuel storage tank systems are subject to immediate shutdown if corresponding inventory, delivery, or manifest records are inaccurate, incomplete, have been falsified, or are not available for inspection within 24 hours after being requested by a person with enforcement authority under this chapter. ATCP 94.100 NoteNote: Under ss. ATCP 93.500 (9) and 94.340 (4), all product inventory records, including delivery receipts, must be kept at the site of a retail storage tank system for a duration of at least 10 years. Under ss. ATCP 94.100 (5) and 94.340 (4), these records must be made available for inspection by the department. Section ATCP 93.500 (9) also requires maintaining several other types of records for retail storage tank systems.