5. Specifies that upon request of DATCP, the Department of Justice or proper district attorney shall prosecute actions to enforce the storage tank statutes and rules.

6. Specifies that DATCP may promulgate fire safety rules for the storage and handling of flammable, combustible, or hazardous liquids.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB877,1 Section 1 . 20.115 (1) (c) of the statutes is amended to read:

SB877,2,4 20.115 (1) (c) Petroleum products; storage Storage tank inventory. The amounts in the schedule to conduct an inventory of aboveground petroleum product storage tanks and unused underground petroleum product storage tanks under s. 168.28.

SB877,2 Section 2. 168.06 (4) of the statutes is created to read:

SB877,3,3 168.06 (4) The department may by rule set fees for department costs incurred in performing miscellaneous fuel quality inspections or investigations authorized under this subchapter.

SB877,3 Section 3. 168.125 of the statutes is amended to read:

SB877,3,9 168.125 Reports; payment. Persons who are liable for the fee under this subchapter s. 168.12 shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this subchapter s. 168.12.

SB877,4 Section 4. 168.21 (1) of the statutes is amended to read:

SB877,3,12 168.21 (1) “Combustible liquid" means a liquid having a flash point at or above 100 degrees fahrenheit and below 200 degrees fahrenheit Fahrenheit.

SB877,5 Section 5. 168.21 (4) of the statutes is amended to read:

SB877,3,15 168.21 (4) “Flammable liquid" means a liquid having a flash point below 100 degrees fahrenheit Fahrenheit.

SB877,6 Section 6 . 168.21 (5) of the statutes is amended to read:

SB877,3,20 168.21 (5) “Flash point" means the minimum temperature at which a flammable liquid or combustible liquid will give off sufficient flammable vapors to form an ignitable mixture with air near the surface of the liquid or within the vessel which contains the liquid.

SB877,7 Section 7. 168.21 (6m) of the statutes is created to read:

SB877,3,23 168.21 (6m) “Tank system” means a tank and its associated piping and equipment.

SB877,8 Section 8. 168.22 (title) of the statutes is amended to read:

SB877,3,25 168.22 (title) Storage tanks tank systems.

SB877,9 Section 9. 168.22 (1) of the statutes is amended to read:

SB877,4,6 168.22 (1) Except as provided under subs. (2) to (5), every person who constructs, owns or controls a tank system for the storage, handling, or use of liquid that is a flammable or liquid, combustible liquid, or liquid that is a federally regulated hazardous substance shall comply with the standards adopted under s. 168.23.

SB877,10 Section 10. 168.22 (2) of the statutes is amended to read:

SB877,4,9 168.22 (2) This subchapter does not apply to storage tanks tank systems which require a hazardous waste license under s. 291.25.

SB877,11 Section 11. 168.22 (3) of the statutes is amended to read:

SB877,4,13 168.22 (3) This subchapter does not apply to storage tanks tank systems which are installed above ground level and which are less than 5,000 110 gallons in capacity.

SB877,12 Section 12. 168.22 (4) (intro.) of the statutes is amended to read:

SB877,4,18 168.22 (4) (intro.) Any rules promulgated under s. 168.23 requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment system to prevent an inadvertent release of a stored substance liquid do not apply to storage tanks tank systems that satisfy all of the following: