In this chapter:
(1) "Aboveground storage tank" or "AST" means
any vessel that has a liquid capacity of 110 gallons or more, is intended for
fixed installation, is not solely used for processing and does not meet the
definition of an underground storage tank.
(2) "Accessible to the public" means any
whole or part of property that, due to its location and commercial or public
purpose, the public or a section of the public has or may reasonably be
expected to have access.
(3)
"Aircraft" has the meaning given in s.
114.002(3),
Stats.
Note: Section
114.002(3),
Stats., reads as follows:
"Aircraft" means any contrivance invented, used or designed
for navigation of or flight in the air, but does not include
spacecraft.
(4) "Airport"
means any area of land or water that is designed for the landing and takeoff of
aircraft, regardless of whether buildings are provided for the shelter,
servicing, or repair of aircraft or for receiving or discharging passengers or
cargo, and all appurtenant areas used or suitable for aircraft, and all
appurtenant rights of way, whether new or existing, which are either public,
private, or federal.
(4m) "Airport
hydrant system" means an underground storage tank system which fuels aircraft
and operates under high pressure with large diameter piping that typically
terminates into one or more hydrants (fill stands). The airport hydrant system
begins where fuel enters one or more tanks from an external source such as a
pipeline, barge, rail car, or other motor fuel carrier.
(5) "Alteration" means any modification to an
installed tank system that involves cutting, drilling or welding on the tank
shell or associated piping.
(6)
"Ancillary equipment" means any device, including such devices as piping,
fittings, flanges, valves, and pumps, that is used to distribute, meter, or
control the flow of regulated substances to and from a storage tank.
(7) "Annual" means a period of time less than
or equal to 365 calendar days.
(8)
" Approved" means acceptable to the department.
(9) "ATV" or "all-terrain vehicle" means a
self-propelled motor-driven vehicle with wheels or tracks, used to transport
people on land, snow, ice or water for purposes of sport or recreation and
which cannot be licensed through the department of transportation for highway
use.
(9m) "Authority having
jurisdiction" means the department or an authorized agent responsible for
approving equipment, installations or procedures.
(10) "Authorized agent" means either a local
program operator or a 1st class city or the authorized representatives of a 1st
class city.
Note: See sub. (66) for a definition of local
program operator. As of November 1, 2019, only the City of Milwaukee is a 1st
class city.
(11) "Automatic
leak detection" means a release or leak detection or monitoring system that
will provide continuous 24 hour monitoring for the detection of a release or
leak of vapor or product and immediately communicate the detection of the
release or leak to an electronic signaling device.
(12) "Automatic line leak detection" means a
method of leak detection which alerts the operator to the presence of a leak
without any manual effort on the part of the operator, including a device or
mechanism that signals the presence of a leak by restricting or shutting off
the flow of a hazardous substance through piping, or by triggering an audible
or visual alarm, and which detects leaks of 3 gallons per hour at 10 psi line
pressure within one hour.
(14) "
Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long
chain fatty acids derived from vegetable oils or animal fats.
Note: Under s.
168.14(2m) (b) 2, Stats., pure biodiesel fuel is generally
identified with the alphanumeric B100, and does not contain any petroleum
product, any additive, or other foreign material. A fuel that is a blend of
biodiesel and petroleum-based fuel generally has a volume percentage of the
biodiesel fuel to the petroleum-based fuel of at least 2 percent. B20 would
identify a blend as being 20 percent biodiesel and 80 percent petroleum-based
fuel, by volume.
(15) "Bulk
plant" means that portion of a facility where flammable, combustible or
hazardous liquids are stored or blended in bulk for the purpose of subsequently
distributing such liquids beyond that portion of the facility. This term does
not include a facility where such liquids are stored or blended only in
intermediate bulk containers.
(16)
"Business day" means any day Monday to Friday, excluding Wisconsin legal
holidays.
(17) "CERCLA" means the
federal Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended.
(18)
"Certified cathodic protection tester" means a person certified in accordance
with this chapter who demonstrates an understanding of the principles and
measurements of all common types of cathodic protection systems as applied to
buried or submerged metal piping systems and metal tanks.
(19) "Certified corrosion expert" means a
person certified in accordance with this chapter who is qualified to engage in
the practice of corrosion control on buried or submerged metal piping systems
and metal tanks by reason of thorough knowledge of the physical sciences and
the principles of engineering and mathematics acquired by a professional
education and related practical experience.
(21) "Certified installer" means either of
the following:
(a) For aboveground tank
systems, a person certified in accordance with this chapter to install and
repair aboveground storage tank systems - and for underground tank systems, a
person certified in accordance with this chapter to install and repair
underground storage tank systems.
(b) A registered professional engineer who
directly supervises an installation by being present during the activities
specified in s.
ATCP 93.240(16) and
(17), and who is competent in the engineering
methods and requirements in Wisconsin for designing and installing storage tank
systems for flammable, combustible or hazardous liquids.
(22) "Certified remover-cleaner" means a
person certified in accordance with this chapter to remove storage tank systems
and to remove accumulated sludge and remaining product from tanks that are to
be closed, undergo a change in service, or otherwise be completely emptied and
made inert.
(22m) "Certified tank
system inspector" means a person certified in accordance with this chapter to
inspect storage tank systems.
(23)
"Certified tank system liner" means a person certified in accordance with this
chapter to install interior linings for storage tanks.
(24) "Certified tank system site assessor"
means a person certified in accordance with this chapter to conduct tank system
site assessments and to collect samples necessary for those
assessments.
(25) "Certified tank
system tightness tester" means a person certified in accordance with this
chapter to perform precision tightness testing to determine the presence of
leaks in storage tank systems.
(26)
"Change in service" means continued use of a storage tank system in another
regulated status, or continued use of a tank that previously stored a regulated
substance, to store a non-regulated substance; or continued use of a tank that
previously stored a non-regulated substance, to store a regulated substance.
Note: An example of a "change in service" to
another regulated status is an in-use tank that moves to temporarily out of
service status. An example of "change in service" resulting from previously
storing a regulated substance, to storing a non-regulated substance is a tank
that is converted from storing heating oil to storing water.
(27) "Class I liquid" means a flammable
liquid.
Note: See sub. (30) and Note for Class II and
III liquids.
(28) "Cleaned
tank system" means a tank system that is free of all residue and
vapors.
(29) "Closure" means the
procedure by which a tank system is evaluated and permanently rendered safe
from contributing to human danger, fire, explosion, and environmental
contamination at the facility where it is installed.
(30) "Combustible liquid" means a liquid
having a flash point at or above 100°F.
Note: Under NFPA 30 section 4.3.2, combustible
liquids are further classified as being Class II, IIIA, or IIIB
liquids.
(31) "Connected
piping" means all underground piping including valves, elbows, joints, flanges,
and flexible connectors attached to a tank system through which regulated
substances flow. For the purpose of determining how much piping is connected to
any individual underground storage tank system, the piping that joins 2
underground storage tank systems should be allocated equally between
them.
(32) "Construction project"
means a site or project that is under development, renovation, or demolition
and is temporary in nature and has restricted public access.
Note: A construction project may involve a
transportation corridor, building or structure, excavation or landscaping, or
the replacement or upgrade of an existing storage tank system.
(33) "Consumptive use" means consumed on the
premises where the storage tank system is located.
(34) "Continuous monitoring" means a leak
detection method using equipment that routinely performs the required
monitoring on a periodic or cyclic basis throughout each day.
(35) "Contractor" means a person or firm
undertaking to do work or supply goods or a service.
(36) "Day" means any calendar day unless
specifically stated otherwise in this chapter.
(37) "Department" means the department of
agriculture, trade and consumer protection.
(37m) "Direct supervision" means to assume
the responsibility of an activity of others and its results by providing
oversight and guidance at the site where the activity is being
conducted.
(38) "Dispenser" means a
device or configuration of components consisting of a motor or fluid control,
and an area for storing a hose nozzle valve with or without a pump, that
dispenses and measures the amount of product dispensed by means of a mechanical
or electronic metering mechanism.
(39) "Dispensing" means the transfer of fuel
into a vehicle or portable container from a storage tank system.
(40) "Dispensing area" means a zone around
the dispenser that extends a distance of 20 feet horizontally from the
dispenser body, exclusive of the length of the hose and nozzle.
(41) "Dispensing system" or "product transfer
system" includes the dispensers, nozzles, dispensing hoses, suction fuel pump,
pipe and any necessary core components between the emergency shutoff valve and
dispensing nozzle that allow the dispensing system to function as intended and
in accordance with the installation requirements.
Note: In a typical fueling island, the
dispensing system begins immediately downstream of the emergency shutoff valve,
and all components upstream of that point, including the shut-off valve, are
part of the tank system, as defined in sub. (115).
(42) "Electronic monitoring" means an
electrical device installed to monitor tanks or piping for leaks.
Note: Typically, electronic monitoring uses an
audible or visual alarm and may incorporate an automatic shutdown of the
dispensing system. Examples include electronic line leak detectors and sump or
interstitial liquid sensors.
(43) "Empty tank system" means a tank system
from which all materials have been removed using commonly employed practices so
that no more than one inch of residue remains in the system.
(43g) "EPA" means United States environmental
protection agency.
(43r)
"Equivalency" means having the same degree of safety, health, or public welfare
as contained in the requirements specified in this chapter.
(44) "Excavation zone" means the volume
containing the tank system and backfill material bounded by the ground surface,
walls, and floor of the pit and trenches into which the underground storage
tank system is placed at the time of installation.
(45) "Existing" means installed or in place
since before November 1, 2019, unless context requires otherwise.
(46) "Existing tank system" means a tank
system used to contain an accumulation of regulated substances, or for which
installation commenced, prior to November 1, 2019. Installation is considered
to have commenced if the owner or operator has obtained all federal, state, and
local approvals or permits necessary to begin physical construction of the tank
system site or installation of the tank system, and a continuous on-site
physical construction or installation program has begun.
(47) "Facility" means a plot of land
developed or designated to serve a particular function.
(48) "Farm premises" and "farming" have the
meaning given in s.
102.04(3),
Stats.
Note: Section
102.04(3),
Stats., reads as follows:
As used in this chapter, `farming' means the operation of
farm premises owned or rented by the operator. `Farm premises' means areas used
for operations herein set forth, but does not include other areas, greenhouses
or other similar structures unless used principally for the production of food
and farm plants. `Farmer' means any person engaged in farming as defined.
Operation of farm premises shall be deemed to be the planting and cultivating
of the soil thereof; the raising and harvesting of agricultural, horticultural
or arboricultural crops thereon; the raising, breeding, tending, training and
management of livestock, bees, poultry, fur-bearing animals, wildlife or
aquatic life, or their products, thereon; the processing, drying, packing,
packaging, freezing, grading, storing, delivering to storage, to market or to a
carrier for transportation to market, distributing directly to consumers or
marketing any of the above-named commodities, substantially all of which have
been planted or produced thereon; the clearing of such premises and the
salvaging of timber and management and use of wood lots thereon, but not
including logging, lumbering or wood cutting operations unless conducted as an
accessory to other farming operations; the managing, conserving, improving and
maintaining of such premises or the tools, equipment and improvements thereon
and the exchange of labor, services or the exchange of use of equipment with
other farmers in pursuing such activities. The operation for not to exceed 30
days during any calendar year, by any person deriving the person's principal
income from farming, of farm machinery in performing farming services for other
farmers for a consideration other than exchange of labor shall be deemed
farming.
(49) "Flammable
liquid" means any liquid that has a flash point below 100°F.
Note: Under NFPA 30 section 4.3.1, flammable
liquids are classified as being Class I liquids and are subclassified as Class
IA, IB, or IC liquids.
(50)
"Flash point" means the minimum temperature at which a liquid will give off
sufficient vapor to form an ignitable mixture with air near the surface of the
liquid or within the test vessel.
Note: See NFPA 30 for the appropriate test
method for a specific liquid.
(51) " Free product" means any regulated
substance that exists outside of a tank system, a dispenser system or a
container for transporting the substance.
(51m) "Hazardous liquid" means any liquid
that is a federally regulated hazardous substance as defined in s.
168.21, Stats.
Note: The definition of federally regulated
hazardous substances in s.
168.21(3),
Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable
Quantities contained in
40 CFR
302.4, Table 302.4.
(52) "Hazardous substance storage tank
system" means a storage tank system which contains a hazardous substance
defined in section 101 (14) of CERCLA - but not including any substances
regulated as hazardous wastes under subtitle C, or any mixture of such
substances and petroleum products - and which is not a petroleum storage tank
system.
(53) "Heating device" means
equipment, fueled by liquids regulated by this chapter, intended to create or
generate heat for the purpose of providing direct heat or heating another media
for space heating, food processing, commercial and industrial manufacturing, or
energy generation.
(54) "Heating
fuel" or "heating oil" means petroleum that is No. 1, No. 2, No. 4-light, No.
4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil;
other residual fuel oils, including Navy Special Fuel Oil and Bunker C; and
other fuels when used as substitutes for one of these, including used oil or
used cooking oils when used in an oil burner to provide space heat or
processing heat for consumptive use on the property.
Note: Heating fuel used to produce steam for
power generation such as electricity or emergency power is not considered
"heating fuel" or "heating oil" for purposes of the
definition.
(55)
"Housekeeping" means a facility management activity of keeping flammable,
combustible and hazardous liquid storage organized and free of debris,
vegetation, combustible goods and merchandise and non-essential combustible
materials or products.
(57)
"Important building" or "important building or structure" means a building or
structure that is not considered by the owner, the authorized agent or the
department to be expendable in an exposure fire.
Note: Examples include buildings occupied by one
or more persons for other than incidental use, buildings that have a
high-hazard use where products from fire can harm the community or the
environment, control buildings that need the presence of personnel for orderly
shutdown of important or hazardous processes, buildings that contain high-value
contents or critical equipment or supplies, and buildings that are sited with
respect to a storage tank system such that they will have a detrimental effect
on release-response or fire-control activities.
(58) "Impressed current system" means a
method of corrosion protection that generates cathodic current from an
external, direct-current power source.
(59) "Intermediate bulk container" or "IBC"
means a container that is manufactured and marked in accordance with 49 CFR
178, is intended for the storage of regulated substances within warehouses and
other storage areas with automatic wet-pipe sprinkler systems, and has a liquid
capacity of 793 gallons or less.
(60) "Interstitial monitoring" means a leak
detection method that entails the surveillance of the space between a tank
system's walls and the secondary containment system for a change in
steady-state conditions.
(61) "
Inventory controls" means techniques used to identify a loss of product that
are based on volumetric measurements in the tank and reconciliation of those
measurements with product delivery and withdrawal records.
(62) "Leak" means any discharge of a
regulated substance from a point in a tank system or dispensing system, that is
not intended to be a discharge or dispensing point.
Note: See sub. (76) for a definition of "obvious
release," sub. (103) for a definition of "release" and sub. (113) for a
definition of "suspected release."
(63) " Leak detection" means determining
whether a discharge of a regulated substance has occurred from a point in a
storage tank system, that is not intended to be a discharge or dispensing
point, such as a discharge into the interstitial space between the primary tank
or piping and the secondary barrier or secondary containment around that tank
or piping.
(64)
(a) "Liquid" means any material that has both
a fluidity greater than that of 300 penetration asphalt when tested in
accordance with ASTM D5 at standard conditions of temperature and pressure, and
a vapor pressure of 40 pounds per square inch absolute (psia) or lower at
100°F as determined by ASTM D323 or ASTM D4953, except as excluded under
par. (c). For materials outside the scope of the ASTM D5 test, "liquid" means
any material that both starts to melt at temperatures less than 100°F and
has a vapor pressure of 40 psia or lower at 100°F, except as included under
par. (c). In this subsection, "standard conditions of temperature and pressure"
means a temperature of 60°F and a pressure of 14.7 psia.
Note: A pressure of 14.7 pounds per square inch
absolute is the typical atmospheric pressure at sea level, which varies with
changes in altitude and weather. Everyday pressure measurements, such as with a
tire-pressure gauge, typically begin with a zero reading at the atmospheric
pressure.
(b) "Liquid" also
means any material that is a viscous substance for which a specific melting
point cannot be determined but which is determined to be a liquid in accordance
with ASTM D4359, except as excluded under par. (c).
(c) "Liquid" does not include any asphalt
substance that must be heated to at least 60°F at a pressure of 14.7 pounds
per square inch absolute (psia) in order to make it fluid.
Note: For example, #5 and #6 fuel oil do not
meet the criteria for a liquid and therefore are not regulated by this
chapter.
(65)
"Listed and labeled" means equipment or materials to which has been attached a
label or identifying mark by, and which is included in a list published by, an
organization acceptable to the department that is concerned with product
evaluation, that maintains periodic inspections of listed and labeled equipment
or materials, and by whose labeling the manufacturer indicates compliance with
appropriate standards or performance for a specified purpose.
(66) "Local program operator" or "LPO" means
an entity, either public or private, under contract with the department to
enforce the provisions of this chapter and provide tank system plan review and
inspection services in a specific region of the state.
(67) "Lowest floor, story, cellar or
basement" means the lowest space in which heavier-than-air vapors can
accumulate.
(68) "Maintenance"
means the normal operational upkeep to prevent a storage tank system from
releasing product, or to maintain the structural and operational condition of
any portion of the system. Maintenance activity is preventative in
nature.
(69) "Marine-craft tank
vehicle" means any tank having a liquid capacity of 110 gallons or more, used
for carrying flammable or combustible liquids and mounted permanently or
otherwise upon a vessel or barge capable of water transportation. The tank is
not solely for the purpose of supplying fuel for the propulsion of, or support
of equipment on, the vessel upon which the tank is mounted.
Note: Section
ATCP 93.130 requires marine-craft tank vehicles to have a
material approval before being placed into service.
(70) "Mechanical monitoring" means a
mechanical device not dependent upon electricity, installed to monitor tanks
and piping for leaks.
Note: An example is a mechanical line leak
detector.
(71) "Monthly
monitoring" means an approved electronic or non-electronic method of testing a
tank or pipe for a leak at least monthly. The test shall detect a 0.2 gallon
per hour leak rate with a probability of detection of 0.95 and a probability of
false alarm of 0.05. For purposes of monitoring on a monthly cycle, the
department will accept tests no further than 30 days apart.
(72) "Motor fuel" means flammable or
combustible liquid that is used in the operation of an internal combustion or
turbine engine.
(73) "Motor
vehicle" means a self-propelled motor-driven vehicle that is used for moving
people or products on land, water or air, except this term does not include any
vehicle which is operated exclusively on a rail. "Motor vehicle" in this
definition is intended to apply to motorized equipment transporting people and
goods for pleasure, construction or commerce, rather than equipment dedicated
to warehousing and yard operations, such as forklifts; or for grounds and
facility maintenance, such as lawnmowers; or for amusement facilities, such as
go-carts.
Note: Based on this definition, fuel storage
tanks on a railroad train or other motorized equipment which operates
exclusively on a rail are regulated under this chapter and NFPA 30 as
non-vehicle fueling tanks, and NFPA 30A does not apply to
them.
(74) "New" means
installed or constructed on or after November 1, 2019.
(75) " Non-discriminating" means not
discriminating as to the type of liquid.
(76) "Obvious release" means there is an
indication of a release, and there is both environmental evidence, such as soil
discoloration, observable free product, or odors - and a known source, such as
a tank or piping with cracks, holes or rust plugs, or leaking joints.
Note: See sub. (62) for a definition of "leak,"
sub. (103) for a definition of "release" and sub. (113) for a definition of
"suspected release."
(77)
"Oil-burning equipment" means an oil burner of any type, together with its
tank, piping, wiring, controls and related devices, and including all oil
burners, oil-fired units and heating and cooking appliances.
(78) "Operational life" means the period
beginning when installation of the tank system has commenced and extending to
when the tank system either is closed in accordance with s.
ATCP 93.460 or
93.560, or undergoes a change in service to
store a non-regulated substance in accordance with s.
ATCP 93.450 or
93.550.
(79) "Operator" means any person in control
of, or having responsibility for, the daily operation of a storage tank
system.
(80) "Owner" means either
of the following:
(a) In the case of an
in-use storage tank system, any person who owns at least the tank storage
portion of a storage tank system used for storage or dispensing of regulated
substances, or the person owning the property on which the storage tank system
is located.
(b) In the case of a
storage tank system not in use, any person who owned at least the tank storage
portion of the storage tank system immediately before the discontinuation of
its use, or the person owning the property on which the storage tank system is
located.
(81) "Person"
means an individual, trust, firm, joint stock company, federal agency,
corporation, state, municipality, commission, political subdivision of a state,
or any interstate body, and includes a consortium, joint venture, commercial
entity, and the United States government.
(82) "Petroleum" means crude oil, crude oil
fractions, and refined petroleum fractions, including gasoline, kerosene,
heating oils, and diesel fuels.
(83) "Petroleum storage tank system" means a
storage tank system that primarily contains petroleum products, such as motor
fuels, jet fuels, fuel oils, lubricants, petroleum solvents, and used
oil.
(84) "Pier" means any
structure, such as a dock, which extends into navigable waters from the shore,
with water on both sides, and which is built or maintained for the purpose of
servicing watercraft, providing a berth for watercraft, or for loading or
unloading cargo or passengers onto or from watercraft. A pier may be an open
deck or solid-fill structure.
(85)
" Pipe" or "piping" means a pressure-tight cylinder used to convey, transfer or
move a fluid, and is ordinarily designated "pipe" in applicable material
specifications. Materials designated as tube or tubing in the specifications
are considered pipe when intended for pressure service. This term includes pipe
emanating from or feeding storage tanks, or transferring product to or from
storage tanks.
(85m) "Pipeline
facilities," including gathering lines, means new and existing pipe
rights-of-way and any equipment, facilities, or buildings.
(86) "Pipe system" or "piping system" means
the primary piping, secondary containment, leak detection devices, tubing,
including suction line drop tube, flanges, bolts, gaskets, valves, fittings,
flexible connectors, the pressure-containing parts of other components such as
expansion joints and strainers, and devices that serve such purposes as mixing,
separating, distributing, metering, or controlling flow, and any core
components which allow the piping system to function as intended and in
accordance with the installation requirements.
Note: For a typical underground system, the pipe
system would be from the point of connection at the tank to the connection to
the dispenser, immediately downstream of the emergency shutoff
valve.
(88) "Place of
employment" has the meaning given in s.
101.01(11),
Stats.
(89) "Point-of-sale" or
"POS" means a marketing or dispensing practice that accommodates a cash, credit
card, key, personal identification number or similar dispenser-authorized
transfer of fuel into a motor vehicle without the direct oversight, supervision
or intervention of an employee of the fueling facility.
(90) "Precision tightness testing" or
"precision tightness test" means a procedure for testing the ability of a tank
system to prevent a release of a regulated substance, that is capable of
detecting a 0.1 gallon per hour leak rate with a probability of detection of
0.95 and a probability of false alarm of 0.05.
(91) "Pressurized piping" means product
piping that experiences product pressure above normal atmospheric pressure.
Product pressure may be generated from a pump or static head of an aboveground
storage tank.
(92) "Pressurized
system" or "remote pumping system" means a dispensing system where the pump is
not located at, or is remote from, the dispenser.
(93) "Product" means any regulated substance
in a storage tank.
(94) "Public
access fueling" means the use of a facility by persons who are not employees of
the facility to dispense fuel into vehicles, or to transfer fuel for resale
into vehicles that are not owned or operated by the facility.
(95) "Public building" has the meaning given
in s.
101.01(12),
Stats.
(96) "Public used-oil
collection center" means any used-oil collection facility that allows an
individual who is not an employee of the facility to transfer used oil from a
portable container into a storage tank.
(97) "Public way" means any public
thoroughfare, sidewalk, dedicated alley, railroad, waterway or right-of-way.
The point of measurement is from the engineered or natural borders of the
vehicle or pedestrian traffic lanes.
(98) "Readily accessible" means capable of
being reached easily and quickly for operation, maintenance and
inspection.
(99) "Re-commission"
means the process of returning a system, component or process to a
code-complying, in-service condition.
(100) "Recreational vehicle" means any
self-propelled motor-driven vehicle that is used for moving people typically
off-road, on land, snow, ice or water for sport or recreation, such as
snowmobiles and all-terrain vehicles.
(101) "Red-tag" means a red tag secured to a
component of a storage or dispensing system, which gives notice that the system
or the product stored is under enforcement action for failure to comply with
the requirements of either this chapter or ch. ATCP 94, and which prohibits
operation of the system until the tag is removed by or under the direction of
the authority having jurisdiction.
(102) "Regulated substance" means any
flammable or combustible liquid and any liquid that is a federally regulated
hazardous substance as defined in s.
168.21, Stats.
Note: The definition of federally regulated
hazardous substances in s.
168.21(3),
Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable
Quantities contained in
40 CFR
302.4, Table 302.4.
(103) "Release" means any discharge,
including spilling, leaking, pumping, pouring, emitting, emptying, leaching,
dumping or disposal of a regulated substance into groundwater, surface water or
subsurface soils.
Note: See sub. (62) for a definition of "leak,"
sub. (76) for a definition of "obvious release" and sub. (113) for a definition
of "suspected release."
(104) "Release detection" means determining
whether a discharge of a regulated substance has occurred from a storage tank
system into the environment.
(105)
"Repair" means any work necessary to correct or restore a tank, pipe, spill
prevention equipment, overfill prevention equipment, corrosion protection
equipment, leak detection equipment, or other storage tank or dispensing system
component that either has caused a suspected or obvious release or has failed
to function properly.
(106)
"Residential watercraft fueling facility" means that portion of a 1- or
2-family residential property where liquid fuels are stored in or dispensed for
non-retail purposes from fixed equipment on land into the fuel tanks of
self-propelled watercraft, including all facilities used for the storage,
dispensing, and handling of flammable and combustible liquids.
(107) "Sacrificial anode system" means a
method of corrosion protection that generates cathodic current from the
galvanic corrosion of an expendable anode which is more electrochemically
active than the structure being protected.
(108) "Secondary containment" means an
approved barrier installed around a storage tank system that is designed to
prevent a leak from the primary tank or piping from contacting the surrounding
earth or the waters of the state before the leak can be detected and cleaned
up.
(109) "Significant
noncompliance" means the existence of one or more of the following:
(a) A violation that causes, or may cause, a
substantial, continuing risk to public health or the environment.
(b) A violation that substantially deviates
from a requirement of this chapter.
(c) A violation that includes failure to
install, maintain or operate equipment essential to preventing or detecting
leaks.
(d) A violation that is
observed to reoccur repeatedly as a result of intentional or unintentional
administrative or operational oversight.
(110) "Space heating" means heating of areas
intended for occupancy or storage.
(111) "Storm water or wastewater collection
system" means piping, pumps, conduits, and any other equipment necessary to
collect and transport the flow of surface water run-off resulting from
precipitation, or domestic, commercial, or industrial wastewater to and from
retention areas or any areas where treatment is designated to occur. The
collection of storm water and wastewater does not include treatment except
where incidental to conveyance.
(112) "Structure" means an assembly of
materials forming a construction for occupancy, storage, use, shelter or
weather protection meeting the definition of place of employment under sub.
(88) or public building under sub. (95).
Note: The department does not consider a tank to
be a structure although local or municipal regulations may classify a tank as a
structure.
(113) "Suspected
release" means either of the following:
(a)
There is indication that a tank system or dispensing system has leaked - such
as inventory losses; observable free product or evidence of free product in
secondary containment at dispensers, submersible pumps or spill buckets;
petroleum odors; unexplained presence of water in a tank; or activation of a
leak detection alarm system - but there is no observable environmental evidence
of a release.
(b) There is
observable environmental evidence of a release, such as soil discoloration or
free product, but the source is unknown.
Note: See sub. (62) for a definition of "leak,"
sub. (76) for a definition of "obvious release" and sub. (103) for a definition
of "release."
(114) "Tank" means a device designed to
contain an accumulation of regulated substance and constructed of non-earthen
materials such as concrete, steel, fiberglass or plastic, and including the
following types of tanks, which have the following meanings:
(a) "Abandoned tank" means an aboveground or
underground tank with or without product that is not recognized by this chapter
as in-use, temporarily out of service, or closed.
(b) "Accumulator tank" or "accumulator
reservoir" means a container that is integral to a closed-loop
mechanical-system operation of equipment, and that is used either to provide a
regulated substance on demand, such as a fluid that is used as a heating or
cooling media, or to store a regulated substance that is displaced from the
functioning equipment, such as from an elevator or hydraulic lift.
Note: Accumulator tanks are outside the scope of
this chapter.
(c) "Breakout
tank" means a tank that is used to relieve surges in an oil pipeline system or
to receive and store oil transported by a pipeline for reinjection and
continued transportation by a pipeline. Tanks considered by this chapter to be
breakout tanks do not have piping that transfers product directly to or from a
loading rack.
(d) "Day tank" means
an intermediate tank in a product transfer system between a storage tank and
the end use of the product, usually a generator. The purpose of a day tank is
to provide immediate product to the end source where the supply may otherwise
be influenced by product temperature, viscosity or inadequate supply
pressure.
(e) "Farm tank" means a
tank that is constructed in accordance with NFPA 30A section 13.2 and installed
on a farm premises.
(f)
"Field-erected tank" means an aboveground tank that is built on the site from
sections and components.
Note: See par. (p) for a definition of "fixed
tank."
(g) "Gravity tank"
means a supply tank from which the product is delivered directly by
gravity.
(h) "Integral tank" means
a vessel with a liquid capacity of less than 110 gallons, which supplies fuel
to an engine and which is assembled and used with the engine as a single unit
of equipment.
Note: Vessels with a capacity of 110 gallons or
more are included in the definition of storage tank in par.
(q).
(i) "Movable tank"
means an aboveground storage tank that meets all of the following:
1. Has a liquid capacity of 110 gallons or
more, and is used for storing and dispensing liquid motor vehicle
fuel.
2. Is supported on skids,
wheels without axles, or similar means and is not mounted upon a tank vehicle
or chassis capable of road travel.
3. Is designed and constructed in accordance
with s.
ATCP 93.250.
4.
Is not intended for permanent placement.
Note: Movable tanks are acceptable for use at
construction projects, farms, and other locations recognized in subch. VI,
where it is more practical to move the tank, typically by lifting equipment, to
off-road motorized equipment for dispensing, rather than drive the motorized
equipment to the tank.
(j) "Multi-compartment tank" or
"multi-chamber tank" means a vessel that contains 2 or more compartments
created by the presence of an interior wall so that 2 or more substances can be
stored at the same time within a single tank shell.
Note: In accordance with s.
ATCP 93.250, each compartment of a multi-compartment tank
is considered a separate tank, even if the same substance is stored in more
than one compartment.
(k)
"Portable tank" means an aboveground closed vessel that has a liquid capacity
of 110 gallons or more; is not otherwise defined in this chapter; is equipped
with skids, mountings or accessories to facilitate handling of the tank by
mechanical means; and is not intended for fixed installation or for highway
vehicle fueling. "Portable tank" includes intermediate bulk
containers.
(l)
1. "Process tank" or "flow-through process
tank" means a tank that forms an integral part of a production process through
which there is a steady, variable, recurring, or intermittent flow of materials
during the operation of the process and the tank is utilized to carry out or
control the heating, cooling, mixing, blending, separating, metering, or
chemical action of materials. The processing is done on a regular basis and it
is the primary function of the tank.
2. "Process tank" or "flow-through process
tank" does not include a tank that is used for the storage of materials before
their introduction into the production process or for the storage of finished
products or by-products from the production process, or a tank that is only
used to recirculate materials. A process tank would be considered a storage
tank if the vessel is used as storage for a period exceeding 96 hours after the
processing ends.
Note: Process tanks are outside the scope of
this chapter.
(m)
"Product recovery tank" means a tank that forms an integral part of a ch. ATCP
93 regulated substance spill control system for a storage, processing or
transfer area. The purpose of the tank is spill recovery and temporary
containment. A product recovery tank does not include a tank that is used for
the storage of materials or by-products from a flow-through reclamation
process. A product recovery tank will be considered a storage tank if the
vessel is used as storage for a period exceeding 96 hours after the control of
a release or spill.
Note: Product recovery tanks are outside the
scope of this chapter.
(n)
"Residential tank" means a tank located on the same property as a 1- or
2-family dwelling or a residential building that falls within the scope of chs.
SPS
361 to 366 and used only by the residents of the
property or for the maintenance of the property.
(o) "Service tank" means a tank that is used
for a limited period of time during the servicing of liquid-bearing equipment,
to hold liquids temporarily during the servicing, cleaning or relocation of the
equipment.
Note: Service tanks are outside the scope of
this chapter. Service tanks include the defueling and refueling tanks that are
used in commercial aviation environments. These tanks are used for removal of
fuel from an aircraft to facilitate other maintenance for the aircraft and for
return of that fuel to the aircraft immediately thereafter. They are typically
not moved from one site to another and are operated by employees of an aviation
service company under aviation service protocols and monitored
situations.
(p) "Stationary
tank" or "fixed tank" means a storage vessel intended for stationary
installation and not intended for relocation, loading, unloading, or attachment
to a transport vehicle, as part of its normal operation in the process of
use.
(q) "Storage tank" means a
liquid-tight vessel that is intended for fixed or stationary use or a tank that
is used for fuel dispensing under subch. VI but is not used for any of the
excepted purposes in s.
ATCP 93.020(6). This term includes a
vessel which has a liquid capacity of 110 gallons or more and which is
assembled and used with an engine as a single unit of equipment.
(r) "Work-top tank" means an aboveground
steel rectangular tank for combined use as a working surface and a storage tank
for Class IIIB liquids.
(115) "Tank system" includes the primary tank
and pipe, integral secondary containment, integral supports, leak detection,
overfill prevention, spill containment, anti-siphon devices, any vapor-recovery
system connected to the tank, and the necessary core components that allow the
tank system to function as intended and in accordance with the installation
requirements. Tank system configurations include onshore underground storage
tanks, onshore aboveground storage tanks, and storage tanks over water that are
integral with a stationary pier, floating vessel or floating structure for the
purpose of storage or vehicle fueling.
Note: In a typical fueling island, the
dispensing system, as defined in sub. (41), begins immediately downstream of
the emergency shutoff valve, and all components upstream of that point,
including the shutoff valve, are part of the tank system.
(116) "Tank-system integrity assessment" or
"TSIA" means the process by which the department seeks to determine if the
integrity of a tank system or any component thereof has been compromised. This
process includes precision tightness testing, inventory reconciliation, visual
inspection of system components, and calibration checks of dispensers and
automatic tank gauges.
Note: In general, TSIAs are to be performed if
there are indications that the integrity of a system has been
compromised.
(117)
"Tank-system site assessment" or "TSSA" means the process by which the
department expects tank-system owners or operators to determine if a tank
system or any component of that system has released petroleum products or other
hazardous substances into the soil, groundwater or surface waters. This process
includes all of the following:
(a)
Observation of field conditions, such as stained soils; odors; pitting, holes
or cracks in tank system components; observable leaks; and elevated in-field
soil-gas readings.
(b) Collection
of soil samples for laboratory analysis of petroleum products or other
hazardous substances, as prescribed in the department's Tank System
Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious
Releases From Underground and Aboveground Storage Tank
Systems.
(c) Reporting of
the field observations and sampling results in a format prescribed by the
department.
Note: In general, TSSAs are to be performed at
the time a storage tank system, or some component thereof, is to be permanently
closed, upgraded or repaired, or if a change in service is to take
place.
Note:
Tank System Site Assessment: A
Guide to the Assessment and Reporting of Suspected or Obvious Releases From
Underground and Aboveground Storage Tank Systems is available from the
department's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
(118) "Tank vehicle" means a tank
truck or trailer system designed and constructed to comply with NFPA 385.
Note: NFPA 385 recognizes 3 types of tank
vehicles:
(1) a tank truck in which
the cargo tank is supported entirely on the truck chassis,
(2) a tank semi-trailer in which the cargo
tank is supported by both the truck chassis and trailer chassis, and
(3) a tank full-trailer in which the cargo
tank is supported entirely on the trailer chassis.
(119) "Tank wagon" means a tank that is
affixed to a trailer system with at least one axle, is constructed in
accordance with s.
ATCP 93.610(1), has a liquid capacity of
1,100 gallons or less, and is used for storing and dispensing liquid motor
vehicle fuel for equipment used on the site, or is used for storing other
liquids regulated under this chapter. A tank wagon is not constructed to comply
with NFPA 385.
Note: Since a tank wagon is not designed and
constructed under NFPA 385 criteria, it shall be towed empty on the road for
transport and placement in accordance with s.
ATCP 93.610(1).
(120) "Temporarily out of service" or "TOS"
means a storage tank system that is not in use meets the requirements of s.
ATCP 93.445(1) or
93.545(1) and is
intended to be placed back into use within 24 months.
Note: Temporarily out of service does not apply
to stationary tanks that are of seasonal use, such as heating fuel storage
tanks.
(121) "Transfer area"
means the area where product is transferred, commonly referred to as loading or
unloading, between a storage tank and a transport vehicle. Transfer areas are
located at terminals, as well as at end-user and intermediate vendors in the
product distribution stream. The transfer area may involve loading racks, pipe
stands, or direct hose-to-valve connections, and accommodate top or bottom
transfer.
(121m) "Underground
storage tank" or "underground tank" has the meaning given in sub. (122) unless
the context requires otherwise.
(122)
(a)
"Underground storage tank system" or "UST system" means any one or combination
of tanks, including connected pipes, that is used to contain an accumulation of
regulated substances, and the volume of which, including the volume of
connected underground pipes, is 10 percent or more beneath the surface of the
ground.
(b) "Underground storage
tank system" or "UST system" does not include any of the following or pipes
connected to any of the following:
1. A
surface impoundment, pit, pond, or lagoon.
2. A storm water or wastewater collection
system.
3. A liquid trap or
associated gathering lines directly related to oil or gas production and
gathering operations.
4. A storage
tank situated in an underground area, such as a basement, cellar, mine shaft or
tunnel, if the storage tank is situated upon or above the surface of the floor
and not surrounded by earth.
(123) "Upgrade" means the addition to or
retrofit of some part of a storage tank system, such as cathodic protection,
leak detection, lining, or spill and overfill controls, to improve the ability
of a storage tank system to prevent the release of product.
(124) "Used oil" or "waste oil" means any oil
refined from crude oil, or any synthetic oil, that has been used and as a
result of such use is contaminated by physical or chemical impurities; and
means used cooking oils that are used as fuel for purposes such as space
heating or fueling motor vehicles.
Note: See ch. NR 679 and s.
287.15,
Stats., for other definitions of used oil and waste oil, and for requirements
relating to those definitions, such as criteria for transporting or recycling
these liquids.
(125)
"Vehicle collision protection" means a structure or mechanism to protect a tank
or system component from vehicle impact.
(126) "Vehicle fueling" means the process of
adding motor fuel to the engine fuel supply tank for motor driven vehicles,
including aircraft, watercraft, on- or off-road vehicles and vehicles on
rails.
(127) "Watercraft" or
"marine craft" means a vehicle designed to operate on rivers, streams or lakes
for the transport of people or goods for recreation, business or commerce
purposes.
(128) "Watercraft
fueling" means the storage and fueling system and activities associated with
shoreline fuel transfer into watercraft and aircraft while moored on the water
to be fueled.
