Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage
Subchapter I - Definitions and General Provisions
Section ATCP 33.02 - Variances

Universal Citation: WI Admin Code ยง ATCP 33.02

Current through August 26, 2024

(1) VARIANCE REQUEST. An operator may request a variance from a standard or requirement under this chapter. The operator shall make the request in writing, and may include the request as part of a filing under s. ATCP 33.10(1). A request shall include all of the following:

(a) A clear description of the proposed nonconforming feature for which the operator seeks the variance.

(b) A statement describing how the proposed nonconforming feature will provide equivalent protection for waters of the state.

(c) A statement by a professional engineer, certifying that the proposed nonconforming feature will provide equivalent protection for waters of the state, if the proposed feature affects any of the following:
1. The containment of bulk fertilizer or bulk pesticide.

2. The containment or recovery of discharges.

(2) ACTION ON VARIANCE REQUEST. The department may grant a variance request under sub. (1) if the department finds that the proposed nonconforming feature will provide equivalent protection for waters of the state. The department shall grant or deny a request within 30 days after the department receives a complete request, except that the department may for good cause extend the action deadline if the department gives written notice of the extension within the initial 30-day period. The extension notice shall include the extended deadline.

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