(1) DISCHARGE
RESPONSE; GENERAL. The operator of a storage facility shall do all of the
following whenever there is a discharge:
(a)
Take immediate and appropriate action to mitigate any risks that the discharge
may pose to public health and the environment.
Note: A release of rinsate is considered a
discharge. See s. ATCP and 33.01(10) (28).
(b) Report the discharge to the Wisconsin
department of natural resources if a report is required under ch. NR 706.
Note: If a discharge is fully contained in a
mixing and loading pad, sump or secondary containment structure, a discharge
report is not required under ch. NR 706 unless the discharge poses an immediate
threat to human health.
(2) CONTAINED DISCHARGE OR PRECIPITATION.
Except as provided in sub. (3), an operator shall recover any unfrozen
discharge or unfrozen precipitation that collects in a mixing and loading pad,
sump or secondary containment structure. The operator shall recover the
unfrozen discharge or precipitation by the end of the first business day in
which the collected discharge or precipitation is present in the mixing and
loading pad, sump or secondary containment structure. The operator shall take
earlier action to recover the collected discharge or precipitation if earlier
action is necessary to do any of the following:
(a) Maintain the effective discharge
containment capacity of a mixing and loading pad, sump or secondary containment
structure.
(b) Prevent instability
of storage containers.
(c) Minimize
the risk of a discharge to the environment.
(d) Prevent vehicles from driving through
discharges, rinsate or collected precipitation on the mixing and loading
pad.
(3) PRECIPITATION
CONTAINED IN FERTILIZER SECONDARY CONTAINMENT STRUCTURE. Subsection (2) does
not apply to precipitation that has collected in a fertilizer secondary
containment structure, provided that the operator uses at least one of the
following methods to manage that collected precipitation:
(a) The operator may recover all of the
collected precipitation, and transfer it to a storage container in the
secondary containment structure by the end of the first business day in which
the collected precipitation is present in the secondary containment
structure.
(b) The operator may
store the collected precipitation in the fertilizer secondary containment
structure until the precipitation can be properly used according to s.
ATCP 33.56 or until it evaporates, provided that the
operator complies with sub. (4).
(c) The operator may apply the collected
precipitation to a vegetative filter strip at or adjacent to the storage
facility, provided that all of the following apply:
1. The operator applies the collected
precipitation according to a written plan approved by the department. The plan
shall consider the volume of liquid to be applied, the nutrient content of the
liquid, the nutrient utilization capacity of the filter strip, and seasonal
conditions that may affect that utilization capacity.
2. The operator maintains living vegetation
on the entire filter strip.
3. The
operator complies with sub. (4).
(d) The operator may discharge the collected
precipitation to areas of the storage facility from which there is no potential
for direct runoff to waters of the state, provided that all of the following
apply:
1. The operator complies with sub.
(4).
2. None of the samples
analyzed under sub. (4) (b) contains more than 20 milligrams of the total
nitrogen per liter.
(e)
An operator may discharge the collected precipitation to a public wastewater
treatment system, provided the operator has written permission from the
authority that operates the system.
(f) An operator may discharge the collected
precipitation to surface water, via a storm sewer or other conduit, if the
operator has written permission from the Wisconsin department of natural
resources.
(4) SAMPLE
TESTING AND FOLLOW-UP. An operator who uses any of the management methods under
sub. (3) (b) to (d) shall do all of the following:
(a) Obtain at least one sample of collected
precipitation in each of the months of April, June, August and
October.
(b) Have the samples under
par. (a) analyzed, at a laboratory certified by the Wisconsin department of
natural resources under ch. NR 149, for nitrate/nitrite-nitrogen and
ammonia/ammonium-nitrogen.
(c) If
any sample analyzed under par. (b) contains more than 200 milligrams of total
nitrogen under par. (b) per liter, notify the department and implement a
department-approved plan to manage collected precipitation containing more than
200 milligrams of total nitrogen per liter.
(d) Keep accurate records of all analytical
results under par. (b).
