Current through August 26, 2024
(1) GENERAL
REQUIREMENTS.
(a) Storage containers and
appurtenances shall be designed, constructed, inspected and maintained to
operate effectively and to prevent discharges under all reasonably foreseeable
use conditions. Storage containers and appurtenances shall comply with this
section, and shall be located within a secondary containment structure if
required under s.
ATCP 33.40.
(b)
Storage containers and appurtenances shall be designed, constructed, inspected
and maintained to resist corrosion, puncture and cracking.
(c) Materials used to construct or repair
storage containers and appurtenances may not react chemically or
electrolytically with stored fertilizer or pesticide in a way that may weaken
the storage container or appurtenance, create a risk of discharge, or
adulterate the fertilizer or pesticide.
(d) Metals used for storage container valves,
fittings or repairs shall be compatible with other metals in the storage
container, so that the combination of metals does not cause corrosion or
electrolytic reactions that may weaken the storage container or its
appurtenances, or create a risk of discharge.
(e) Storage containers and appurtenances
shall be designed, constructed and maintained to hold fertilizer or pesticide
of the highest specific gravity that may be stored in the containers.
(f) Bladder tanks, tank-in-tanks and
field-erected storage containers shall be all of the following:
1. Designed and constructed according to API
650, and certified for compliance by the manufacturer, if the structure is
installed, constructed or substantially altered after November 1, 2006. API 650
calculations shall be based on the highest specific gravity of fertilizer or
pesticide that may be stored in the container.
2. Inspected before use, and at least once
every 5 years during use, by an API 653-certified inspector for compliance with
API 653. The storage container shall be inspected more frequently if
recommended by an API 653-certified inspector. API 653 calculations shall be
based on the highest specific gravity of fertilizer or pesticide that may be
stored in the container.
3.
Repaired, when necessary, according to API 653 and the recommendations of an
API 653-certified inspector.
Note: Copies of API 650 and 653 are on file
with the department and the legislative reference bureau. Copies may be
purchased from the American Petroleum Institute at 1220 L Street NW, Washington
DC 20005-4070, telephone (202) 682-8000, or the following web address:
www.api.org.
(2) APPURTENANCES.
(a) Every storage container connection,
except a safety relief connection, shall be equipped with a shutoff valve
located on the storage container or at a distance from the storage container
dictated by standard engineering practice.
(b) On pesticide storage containers other
than mini-bulk containers or containers used to store sodium hypochlorite, all
wetted parts inside shutoff valves and all connections between storage
containers and shutoff valves shall be made of stainless steel.
Note: The department may grant a variance
authorizing alternative materials that provide equivalent protection for waters
of the state. See s.
ATCP 33.02.
(c) Pipes, fittings and other
appurtenances shall be permanently supported to prevent sagging and breakage
that may be caused by gravity, vibration or other forces that may be
encountered in the ordinary course of operations. To prevent sagging and
breakage, piping and its supports shall be able to support 250
pounds.
(d) An operator shall do
all of the following at least annually:
1.
Inspect and pressure test appurtenances installed below ground, within or
beneath a mixing and loading pad, or within or beneath a secondary containment
structure. The operator shall maintain the appurtenances as necessary, to keep
them pressure-tight, and shall keep a written record of the pressure test
results.
2. Inspect and test, for
liquid-tightness, every joint through which a pipe extends through a secondary
containment structure.
(e) An appurtenance may not be installed
below ground, within or beneath a mixing and loading pad, within or beneath a
secondary containment structure, or through any wall or floor of a secondary
containment structure, on or after November 1, 2006.
(f) Piping connections shall be one of the
following:
1. Threaded, welded, fused or
permanently band-clamped.
2.
Located over a mixing and loading pad that complies with s.
ATCP 33.30.
3.
Located within a secondary containment structure that complies with s.
ATCP 33.42.
(3) LIQUID LEVEL GAUGING DEVICES.
(a) If a storage container is equipped with a
liquid level gauging device, the device shall be designed for safe and reliable
use.
(b) An external sight gauge
may not be used on a pesticide storage container, other than on a mobile
container mounted on pesticide application equipment.
(c) If an external sight gauge is used on a
fertilizer storage container, the sight gauge shall comply with the all of the
following:
1. The sight gauge shall be
equipped with a valve that can stop the flow of liquid fertilizer from the
storage container to the sight gauge. The valve shall be closed when the sight
gauge is not in use.
2. The sight
gauge tube shall be secured to the storage container at intervals of no more
than 10 feet.
(4) PROHIBITED MATERIALS; FERTILIZER STORAGE
CONTAINERS. Fertilizer storage containers shall comply with all of the
following:
(a) Storage containers and
appurtenances used to store nitrogen solutions may not be constructed of
copper, brass, zinc, or copper base alloys.
(b) Storage containers and appurtenances used
to store liquid fertilizers containing phosphates or chlorides may not be
constructed of aluminum or aluminum alloys.
(c) Storage containers and appurtenances used
to store low pH liquid fertilizers may not be constructed of ferrous materials
other than stainless steel, unless the materials are coated or treated with
protective substances that effectively inhibit corrosion.
(d) Storage containers and appurtenances used
to store phosphoric acid may not be constructed of ferrous materials other than
316 or 317 stainless steel unless the container is lined with a substance to
prevent corrosion.
(e) Storage
containers and appurtenances used to store liquid fertilizers containing
potassium chloride (potash) may not be constructed of ferrous materials other
than stainless steel unless one of the following applies:
1. The storage containers and appurtenances
are lined, coated or treated with protective substances that effectively
inhibit corrosion.
2. The storage
containers and appurtenances are used for storage periods of not more than 6
months each, and are completely emptied, cleaned and inspected for leaks and
corrosion before being refilled for any subsequent storage period.
(5) PROHIBITED
MATERIALS; PESTICIDE STORAGE CONTAINERS.
(a)
Pesticide storage containers and appurtenances may not be made of polyvinyl
chloride unless they are used only to store sodium hypochlorite.
(b) Pesticide storage containers and
appurtenances may not be made of ferrous metals unless one of the following
applies:
1. The storage containers and
appurtenances are made of stainless steel.
2. The storage containers and appurtenances
have a protective lining that prevents corrosion and does not react chemically
with the stored pesticide.
3. The
storage containers and appurtenances are used only to store non-corrosive wood
preservatives.
(6) ANCHORING STORAGE CONTAINERS.
(a) Except as provided in par. (b), storage
containers shall be anchored to prevent flotation or instability that may
result from liquid accumulation within a secondary containment structure.
Anchors shall be independent of secondary containment structures and mixing and
loading pads, except that anchor plates may be embedded in portland cement
concrete floors of secondary containment structures if the anchor plates and
the concrete floors are designed to withstand the flotation and wind stresses
placed on them.
Note: Anchors located in soil
outside the secondary containment structure do not place any
added stress on the structure or its construction. It is possible to design
anchor plates for the floors of a portland cement concrete secondary
containment structure to withstand anchor stresses, but similar designs for
walls are usually inadequate or cost-prohibitive.
(b) Paragraph (a) does not apply to any of
the following:
1. A storage container located
in a secondary containment structure that complies with s.
ATCP 33.42, if it is the only storage container located in
that secondary containment structure.
2. A tank-in-tank that complies with s.
ATCP 33.44(9) or a bladder tank that
complies with s.
ATCP 33.44(10), unless located in a
secondary containment structure with other storage containers.
(7) SECURITY.
(a) Except as provided in par. (b), an
operator shall secure each storage container and its appurtenances by doing at
least one of the following:
1. Keeping the
storage container and appurtenances in a locked building.
2. Locking all valves on the storage
container and appurtenances.
3.
Keeping the storage container and appurtenances in a locked outdoor enclosure
that complies with par. (c).
(b) Paragraph (a) does not apply if any of
the following apply:
1. The operator or
employees are present at the storage facility.
2. The storage container and its
appurtenances are empty and thoroughly cleaned. Thorough cleaning, in the case
of a pesticide storage container and its appurtenances, means removal of
pesticide residues from exterior surfaces and triple rinsing of interior
surfaces. Triple rinsing of interior surfaces is not required if a
manufacturer-installed device prevents the container from being
opened.
(c) An enclosure
under par. (a) 3. shall consist of a secure wall or fence that is at least 5
feet tall at every point, and free of gaps that could allow unauthorized
persons to enter. Security fencing installed on a concrete secondary
containment structure wall shall comply with chapter 2 of the
Wisconsin
Minimum Design and Construction Standards for Concrete Mixing and Loading Pads
and Secondary Containment Structures (February 2005), if the secondary
containment structure is constructed after November 1, 2006.
Note: The Wisconsin Minimum Design and
Construction Standards for Concrete Mixing and Loading Pads and Secondary
Containment Structures (February 2005), written by Professor David W.
Kammel, department of biological systems engineering, University of
Wisconsin-Extension, is on file with the department and the legislative
reference bureau. Copies are available from the department, free of charge, at
the following address:
Department of Agriculture, Trade and Consumer
Protection
Agricultural Resource Management Division
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4500
Web: https://datcp.wi.gov/Pages/Homepage.aspx
(8) STORAGE CONTAINERS PROTECTED
FROM MOVING VEHICLES. An operator shall protect storage containers and
appurtenances against damage that may be caused by moving vehicles.
(9) FILLING STORAGE CONTAINERS. An operator
may not fill a storage container to more than 95% of capacity unless the
storage container is one of the following:
(a)
Kept at a constant temperature.
(b)
A mini-bulk container that is not filled beyond the maximum capacity shown on
the container.
(10)
LABELING STORAGE CONTAINERS.
(a) An operator
shall label each fertilizer storage container, other than a mobile container,
with the name or grade of fertilizer that it contains. Label contents shall be
visible from outside the secondary containment structure in which the storage
container is located.
(b) An
operator shall label each pesticide storage container in compliance with the
federal insecticide, fungicide and rodenticide act as amended (7 USC
136 to
136y)
and regulations issued under that act. Label contents shall be visible from
outside the secondary containment structure in which the storage container is
located. The label on each pesticide storage container shall include the
federal pesticide producing establishment number of the establishment that
produced the pesticide. The label on a pesticide bulk sale container shall show
the net contents of the container.
Note: A storage facility at which an operator
repackages pesticide for sale or distribution from a storage container to
mini-bulk or other containers is considered a "pesticide producing
establishment" under the federal act. The operator of that storage facility
must obtain a pesticide producing establishment number from the federal
environmental protection agency, and must include that establishment number on
every mini-bulk or other container filled at that storage facility. Mini-bulk
containers must be properly labeled, regardless of whether they are mobile
containers.
Whenever an operator sells pesticide from a storage
container, the operator must supply the purchaser with the pesticide labeling
required under ss.
94.676 and
94.70,
Stats.
(11)
VENTING PESTICIDE STORAGE CONTAINERS. Every pesticide storage container, other
than a mobile container or a container used only to store wood preservative,
shall have a conservation vent that opens and closes within the designed
pressure limits of the container to relieve excess pressure, prevent
evaporative losses, and keep precipitation out of the container.
(12) UNDERGROUND STORAGE PROHIBITED. No
person may store bulk liquid fertilizer, bulk liquid pesticide, or any material
recovered under s.
ATCP 33.52, below ground level, except in a storage
container that is located in a secondary containment structure.
(13) INSPECTING AND MAINTAINING STORAGE
CONTAINERS. An operator shall, at least semi-annually, inspect and maintain
each storage container and its appurtenances to minimize the risk of a
discharge. Whenever an operator repairs a storage container, the operator shall
make the repair according to good engineering practice and manufacturer
specifications. An operator shall remove a storage container from service if it
cannot be adequately maintained.
(14) ABANDONING STORAGE CONTAINERS.
(a) An operator shall do all of the following
to an abandoned storage container:
1.
Thoroughly clean and rinse the storage container.
2. Remove any storage container
appurtenances.
3. Remove the
storage container if the storage container is an underground storage container.
A sump that has a capacity of more than 50 gallons is considered an underground
storage container for this purpose. The operator shall notify the department at
least 3 business days before the operator removes an underground storage
container, and shall permit the department to take soil samples upon
request.
(b) An operator
shall comply with par. (a) within 2 years after a storage container is
abandoned, except that:
1. If the storage
container was abandoned prior to November 1, 2006, the operator shall comply
with par. (a) within 2 years of November 1, 2006.
2. If the storage container is abandoned
under par. (c) 4., the operator shall comply with par. (a) before the closing
date for the sale of the storage container site unless the purchaser agrees to
comply with par. (a) within 2 years after the abandonment date under par. (c)
4.
(c) A storage
container is abandoned, for purposes of this subsection, if any of the
following apply:
1. The operator removes the
storage container from service, with the intent of doing so
permanently.
2. The storage
container is out of service for more than 6 months because of a weakness or
leak.
3. The storage container is
out of service for more than 2 years for any reason.
4. The operator contracts to sell the storage
container site to a person who is not an operator.
