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 II - Construction Plans and Siting
Section ATCP 33.12 - Storage facility siting
Universal Citation: WI Admin Code ยง ATCP 33.12
Current through August 26, 2024
(1) REQUIREMENTS. Except as provided in sub. (2), the base of each mixing and loading pad, the base of each secondary containment structure, and the floor of each building used to store bulk fertilizer or bulk pesticide shall be all of the following:
(a) At least 5 feet above bedrock.
(b) At least 5 feet above the seasonal high
groundwater level. A determination of seasonal high groundwater level, by an
independent soils tester licensed by the Wisconsin department of safety and
professional services, is presumptively valid for purposes of this
paragraph.
(c) At least 1,000 feet
from the ordinary high water mark of any navigable lake and 300 feet from the
ordinary high water mark of any navigable stream.
(d) Located outside of any 100-year flood
plain.
(2) EXEMPTION. Subsection (1) does not apply to the reconstruction, expansion or alteration of a mixing and loading pad, secondary containment structure or storage building that was in use prior to November 1, 2006.
The exemption under sub. (2) applies only to sub. (1). It does not exempt a storage facility from any other federal, state or local regulations that may apply.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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