ATCP 93.100(4)(b)1. 1. Additions or modifications which deviate from the original conditionally approved plans and specifications and which are made before closing the excavation or commencement of system operation shall be submitted for plan review and approval as a revision.

ATCP 93.100(4)(b)2. 2. The replacement of parts or components shall be submitted for plan review and approval as a revision, unless they will be identical in function to the previously approved parts or components, and they will be in the identical location of the previously approved parts or components.

ATCP 93.100 Note Note: Examples of modifications that require plan review as a revision include changes in tank placement, size of tank, length or direction of piping run, additional system components, and changes in monitoring equipment. The department will determine if the number and importance of items submitted for revision would be addressed more appropriately through a new plan submittal.

ATCP 93.100 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (i) made under s. 35.17, Stats., and (3) (a) 4. (title) created under s. 13.92 (4) (b) 2., Stats., Register October 2019 No. 766; correction in (3) (b) 5. d. made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

ATCP 93.110 ATCP 93.110 Jurisdiction over enforcement.

ATCP 93.110(1) (1) Department approval of LPO.

ATCP 93.110(1)(a) (a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department or other agent approved by the department will exercise jurisdiction over the provisions of this chapter as the local program operator.

ATCP 93.110(1)(b) (b) The review of plans and specifications and the installation inspection for administering and enforcing this chapter shall be performed by a certified tank system inspector.

ATCP 93.110 Note Note: LPOs are under contract with the department. The contract specifies LPO qualifications and responsibilities, such as plan review, inspection and consultation.

ATCP 93.110(1)(c) (c) The department may revoke its approval of a local program operator where the plan examiners or inspectors do not meet the standards specified by the department or where other requirements of the department are not met.

ATCP 93.110(2) (2) Plan review by LPO. All of the following types of plans shall be submitted to the LPO for review and approval, except as provided in sub. (3) (b):

ATCP 93.110(2)(a) (a) Plans in which all tanks for the storage, handling or use of flammable or combustible liquids have an individual capacity of less than 5,000 gallons.

ATCP 93.110(2)(b) (b) Plans that consist solely of converting a full- or self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device, regardless of tank size.

ATCP 93.110 Note Note: Conversion to a point-of-sale dispensing system or device does not require a certified installer.

ATCP 93.110(3) (3) Departmental plan review. Plan review and approval shall be obtained from the department in all of the following situations, except as provided in sub. (4):

ATCP 93.110(3)(a) (a) Where one or more tanks for storage of a regulated substance have an individual capacity of 5,000 gallons or more.

ATCP 93.110(3)(b) (b) Where the tank system is located in an area where there is no LPO.

ATCP 93.110(3)(c) (c) Where there is installation of, or an upgrade or addition to, the corrosion protection system, regardless of tank size.

ATCP 93.110(3)(d) (d) Where there is initial installation of leak detection to a tank system, regardless of tank size.

ATCP 93.110(3)(e) (e) Where there is an upgrade or addition to the leak detection system, regardless of tank size, including any of the following:

ATCP 93.110(3)(e)1. 1. A change in manufacturer.

ATCP 93.110(3)(e)2. 2. A change in model number.

ATCP 93.110(3)(e)3. 3. A change in methodology.

ATCP 93.110 Note Note: Examples of changes in methodology include switching from a mechanical line leak detector to an electronic one, static tank leak detection to continuous statistical leak detection (CSLD) or changing from statistical inventory reconciliation to an automatic tank gauge (ATG) or vice versa.

ATCP 93.110(3)(f) (f) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.

ATCP 93.110(3)(g) (g) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.

ATCP 93.110(4) (4) Plan review by 1st class city. All plans for facilities within a 1st class city shall be submitted to that city for review and approval.

ATCP 93.110 Note Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.

ATCP 93.110(5) (5) Sequence of jurisdiction. Where an authorized agent has jurisdiction under this chapter, and a provision of this chapter refers to the authorized agent or the department, the authorized agent’s jurisdiction shall be exercised in advance of the department’s jurisdiction.