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.
ATCP 94.100 NoteNote: For further requirements about the inventory verification that is required for any tank system from which fuel products are offered for sale to the public, see section ATCP 93.503. For further information about inventory control or statistical inventory reconciliation, which are prescribed methods of leak detection, see section ATCP 93.515 (2) or (6), respectively.
ATCP 94.100(8)(e)(e) Immediate shutdown for labeling discrepancies. Liquid fuel storage tank systems are subject to immediate shutdown if the product identification at the tank fill is labeled differently than the product identification at the device dispensing fuel from the tank.
ATCP 94.100(8)(f)(f) Shutdown after continued violation.
ATCP 94.100(8)(f)1.1. Tank systems or components are subject to shutdown for a continuing code violation under this chapter, provided all of the following conditions are met:
ATCP 94.100(8)(f)1.a.a. An order, allowing a period for compliance of at least 15 days, is issued with a specific compliance date.
ATCP 94.100(8)(f)1.b.b. The reinspection made after the specified compliance date shows that compliance has not been achieved.
ATCP 94.100(8)(f)2.2. If compliance is not achieved by the 15-day compliance date as in subd. 1. a., any additional inspections may result in a reinspection fee per the special inspection fees listed in s. ATCP 93.1605 (5).
ATCP 94.100(8)(g)(g) Appeals. Any appeal to a shutdown order must be filed pursuant to s. ATCP 93.190.
ATCP 94.100 HistoryHistory: Cr. Register, July, 1980, No. 295, eff. 8-1-80; emerg. cr. (7), eff. 9-13-95; cr. (7), Register, May, 1996, No. 485, eff. 6-1-96; CR 05-081: renum. from Comm 48.01, renum. (7) (c) to be (7) (d), am. (4), (5) and (7), cr. (7) (c) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: am. (title), renum. (1) to (7) (c) and (d) to be (2) to (8) (c) and (e) and am., cr. (1), (8) (d) Register December 2010 No. 660, eff. 1-1-11; correction in (8) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (8) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: am. (8) (b) to (d), r. and recr. (8) (e), cr. (8) (f), (g) Register February 2024 No. 818, eff. 3-1-24.
ATCP 94.110ATCP 94.110Penalties, fees, and petitions for variance.
ATCP 94.110(1)(1)Penalties. Pursuant to s. 168.15, Stats., any person who violates any provision of this chapter shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter is a separate violation.
ATCP 94.110(2)(2)Fees. Fees for requested inspections, including complaint-driven inspections, shall be assessed in accordance with s. ATCP 94.410.
ATCP 94.110(3)(3)Petitions for variance.
ATCP 94.110(3)(a)(a) The department may grant a variance to a provision of this chapter. A separate petition for variance must be submitted to the department for each fuel type and shall include all of the following:
ATCP 94.110(3)(a)1.1. Requester’s name and address.
ATCP 94.110(3)(a)2.2. Type of business.
ATCP 94.110(3)(a)3.3. Product description, intended use and specification sheet.
ATCP 94.110(3)(a)4.4. Evidence that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned.
ATCP 94.110(3)(a)5.5. Reason for the request.
ATCP 94.110(3)(a)6.6. Signature and title of the requester.
ATCP 94.110(3)(a)7.7. Date of the request.
ATCP 94.110(3)(a)8.8. The fee of $300.
ATCP 94.110(3)(b)(b) The department will respond within 30 days of receipt of complete petitions.
ATCP 94.110 NoteNote: Form TR-WM-129 is available from the Bureau of Weights and Measures, at P.O. Box 8911, Madison, WI 53708-8911, or (608) 224-4942 or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 94.110 HistoryHistory: Cr. Register, July, 1980, No. 295, eff. 8-1-80; am. Register, October, 1984, No. 346, eff. 11-1-84; renum. (5) to be (5) (a) and cr. (5) (b), Register, April, 1985, No. 352, eff. 5-1-85; r. and recr. (1), Register, February, 1986, No. 362, eff. 3-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1995, No. 479; CR 03-011: r. and recr. (5) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.02 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.200, am. (1), (2), r. (3), (4) Register December 2010 No. 660, eff. 1-1-11; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 21-096: am. (title), (2), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 8., (b) Register February 2024 No. 818, eff. 3-1-24.
ATCP 94.120ATCP 94.120Definitions. In this chapter:
ATCP 94.120(1)(1)“Alternative liquid automotive fuel” includes all of the following: