Wisconsin Administrative Code

ATCP 93.723 Trust fund. (1) To use a trust fund to meet the financial responsibility requirements of s. ATCP 93.705, an owner or operator shall establish a trust fund that conforms to the requirements of this section. The trustee shall be an entity that has the authority to act a…

ATCP 93.725 Standby trust fund. (1) (a) An owner or operator using any one of the mechanisms authorized by s. ATCP 93.713, 93.717, or 93.720 shall establish a standby trust fund when the mechanism is acquired. (b) The trustee of the standby trust fund shall be an entity that has …

ATCP 93.727 Local government bond rating test. (1) (a) To use the bond rating test to meet the financial responsibility requirements of s. ATCP 93.705, a general purpose local government owner or operator or local government serving as a guarantor shall have a currently outstandi…

ATCP 93.730 Local government financial test. (1) To use a financial test to meet the financial responsibility require- ATCP 93.730 ments of s. ATCP 93.705, a local government owner or operator shall pass the financial test specified in this section. To be eligible to use the fina…

ATCP 93.733 Local government guarantee. (1) To use a guarantee to meet the financial responsibility requirements of s. ATCP 93.705, a local government owner or operator shall obtain a guarantee that conforms to the requirements of this section. The guarantor shall be either the s…

ATCP 93.735 Local government fund. (1) (a) To use a local government fund to meet the financial responsibility re- the chapter was last published. 85 AGRICULTURE, TRADE AND CONSUMER PROTECTION quirements of s. ATCP 93.705, a local government owner or operator shall establish a de…

ATCP 93.737 Substitution of financial assurance mechanisms by owner or operator. (1) An owner or operator may substitute any alternate financial assurance mechanisms as specified in this subchapter, provided that at all times an effective financial assurance mechanism or combinat…

ATCP 93.740 Cancellation or nonrenewal by a provider of financial assurance. (1) (a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. (…

ATCP 93.743 Reporting by owner or operator. (1) GENERAL. The owner or operator of a petroleum storage tank subject to financial responsibility requirements under the scope of this subchapter shall submit a copy of the applicable forms listed in s. ATCP 93.745 (2) documenting curr…

ATCP 93.745 Record keeping. (1) (a) Owners or operators shall maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this subchapter until released from the requirements of this subchapter under s. ATCP 93.750. (b) An owner or o…

ATCP 93.747 Drawing on financial assurance mechanisms. (1) (a) The department shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the department, up to the limit of funds provided by the financial assurance mec…

ATCP 93.750 Release from the requirements. An owner or operator is no longer required to maintain financial responsibility under this subchapter for a storage tank after the tank has been permanently closed or, if corrective action is required, after corrective action has been co…

ATCP 93.753 Bankruptcy or other incapacity of owner or operator or provider of financial assurance. (1) Within 10 days after commencement of a proceeding under Title 11, U.S. Code, naming an owner or operator as debtor, the owner or operator shall notify the department by certifi…

ATCP 93.755 Replenishment of guarantees, letters of credit, or surety bonds. (1) If at any time after a standby trust is funded upon the instruction of the department with funds drawn from a guarantee, letter of credit, or surety bond, and the amount in the standby trust is reduc…

ATCP 93.800 Purpose. The purpose of this subchapter is to implement the operator-training requirements issued by the U.S. environmental protection agency in response to the federal Energy Policy Act of 2005. Note: The EPA operator-training requirements are available through the f…

ATCP 93.805 Scope. This subchapter applies to all underground storage tank systems that are required by s. ATCP 93.145 to have a permit to operate from the department. Note: This subchapter generally does not specify operation or maintenance requirements. For applicable operation…

ATCP 93.810 Definitions. In this subchapter: (1) XClass A operatorY means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements. The Class A operator typically manages resources and personnel, such as estab…

ATCP 93.820 Designation of Class A, Class B, and Class C operators. (1) Each new or existing underground storage tank system or group of underground storage tank systems at a facility shall have a Class A operator, a Class B opera- Note: This subchapter does not preclude any indi…

ATCP 93.830 Responsibilities of Class A, Class B, and Class C operators. (1) CLASS A OPERATORS. Responsibilities of a Class A operator include all of the following: (a) Compliance with tank system registration and permit to operate requirements. (b) Managing resources and personn…

ATCP 93.840 Training elements for Class A operators. Each Class A operator shall attend department-approved training in all of the following: (1) Basic underground storage tank system requirements, so that the operator can make informed decisions regarding compliance and ensure a…

ATCP 93.841 Training elements for Class B operators. Each Class B operator shall attend department-approved training in all of the following: (1) Compared with training for a Class A operator, training for a Class B operator shall provide a more in-depth understand- ATCP 93.850 i…

ATCP 93.842 Training elements for Class C operators. Each Class C operator shall be trained by a Class A or Class B operator or complete department-approved training in all of the following: (1) Each Class C operator shall be trained to take appropriate action in response to both…

ATCP 93.850 Acceptable training and certification processes. (1) Operator training shall include evaluation and accreditation of the operator[s knowledge of the applicable requirements in ss. ATCP 93.840 to 93.842. Thirty days after November 1, 2019: (a) Training. 1. Training mus…

ATCP 93.860 Documentation deadlines. (1) CLASS A, CLASS B, AND CLASS C OPERATORS. All Class A, Class B, and Class C operators shall obtain the documentation specified in s. ATCP 93.850 (1) (c) before assuming their responsibilities under this subchapter, except as provided in sub…

ATCP 93.870 Record keeping. (1) The owner or operator shall maintain the documentation specified in s. ATCP 93.850 (1) (c) at the underground storage tank system site and have it immediately available for inspection by the authorized agent or the department, except as provided in…

ATCP 93.880 Retraining for non-compliance. (1) If the authorized agent or the department determines that an underground storage tank system is not in compliance with release prevention and release detection requirements or exhibits a continuing pattern of non-compliance with this…

ATCP 94.100 Scope, application, and authority.

ATCP 94.110 Penalties, fees, and petitions for variance.

ATCP 94.120 Definitions. Subchapter II — Petroleum and Other Liquid Fuel Product Specifications

ATCP 94.200 Adoption of standard specifications by reference.

ATCP 94.210 Gasoline specifications.

ATCP 94.215 E15 specifications.

ATCP 94.220 Kerosene specifications.

ATCP 94.230 Fuel oil specifications.

ATCP 94.240 Diesel fuel specifications.

ATCP 94.250 Aviation fuels. Note: 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., …

ATCP 94.260 Racing gasoline. This section only applies to racing gasoline. (1) OCTANE RATING. The octane rating of racing gasoline shall not be less than any of the following: (a) The octane rating posted on the product dispenser. (b) The certification on the invoice, bill of lad…

ATCP 94.270 E85 specifications. Any fuel product designated by name or reference or defined as “E85” shall meet the requirements specified in ASTM D5798. Any person who distributes E85 shall state on any invoice, bill of lading, shipping paper, or other documentation accompanying…

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. storage tank systems by the issuance of orders, the disabling with locks, or applying a red-tag, under the following conditions: (a) Immediate shutdown to protect life, safety, or health. Liquid fuel storage s…

ATCP 97.01 Definitions. As used in this chapter: (1) XDamage by waterY includes those water-related damages normally covered under a fire and extended coverage insurance policy. XDamage by waterY does not include flood damage. (2) XDepartmentY means the state of Wisconsin departm…

ATCP 97.02 Classification of public warehouses. For purposes of this chapter, a public warehouse is classified according to the amount of floor space in that warehouse as follows: ATCP 97.10 ATCP 97.12 ATCP 97.14 ATCP 97.16 Warehouse facilities and operations. Disclosure requirem…

ATCP 97.04 License requirement; application and fees. (1) LICENSE REQUIRED. Except as provided under sub. (2), no person may operate as a public warehouse keeper unless that person holds an annual license from the department under this section. A license expires on June 30 annual…

ATCP 97.06 License suspension or revocation. (1) GENERAL. The secretary may suspend, revoke or impose conditions on a public warehouse keeper[s license for cause pursuant to s. 93.06 (7) and (8), Stats. Cause may include any violation of this chapter. Note: See ch. ATCP 1 for pro…

ATCP 97.08 Security. (1) REQUIREMENT. Every public warehouse keeper shall maintain on file with the department security that complies with this section. (2) FORM OF SECURITY. Security filed with the department under this section is subject to approval by the department. Security …