Current through August 26, 2024
(1) GENERAL. All in-use and temporarily out
of service storage tanks, whether new or existing, that are used to store a
regulated substance shall have a permit to operate from the department, except
this requirement does not apply to any of the following tanks:
(a) Aboveground tanks.
(b) Farm and residential underground storage
tanks which have a capacity of less than 1,100 gallons and which are used for
storing motor fuel.
(c) Underground
storage tanks storing heating oil for consumptive use on the premises.
Note: Tanks that are not exempt from permit
requirements under this paragraph include tanks that store heating oil as a
back-up fuel for natural gas-fired boilers.
(d) Tanks located at an EPA superfund site.
(2) PERMIT APPLICATION
TIMELINE. The tank owner shall obtain a permit to operate, in accordance with
sub. (3), after all requirements for plan approval under s.
ATCP 93.100 and
registration under s.
ATCP 93.140 are
completed and the tank is installed.
(3) PERMIT APPLICATION PROCEDURE.
(a) The owner shall complete one permit
application, form TR-WM-152, as provided by the department, for each tank and
submit it to the department along with the information required on the
application, except as specified in par. (b), and with any fees due to the
department as assessed under this chapter or ch. ATCP 94.
(b) Where registration information in full
compliance with s.
ATCP 93.140(3) is submitted for a newly
installed tank, the department shall use that information as the permit
application.
(4) PERMIT
PROCESSING.
(a) The department shall review
and make a determination on the permit application within 30 business days of
receipt of the completed forms and required information.
(b) Upon review and acceptance of the
required forms, information and fees specified in sub. (3), the department
shall issue an underground storage tank operating permit for each storage
tank.
(c) The department may decide
to not issue or to not renew an operating permit for a tank if the department
finds that there has been significant noncompliance with either this chapter or
orders issued pursuant to this chapter. Upon making this decision, the
department shall inform the owner or operator in writing of the reasons for the
decision.
Note: See s.
ATCP 93.190 for requirements relating to appealing a
decision by the department.
(5) PERMIT POSTING. Each permit to operate
shall be posted at the premises where the tank is located, and in a location
where the permit is visible to the public. The posted permit shall be
maintained in a legible state.
(6)
PERMIT EXPIRATION AND RENEWAL.
(a)
1. The underground storage tank permit to
operate shall annually expire on the 28th day of the month specified in the
initially issued permit, except as provided in subd. 2.
2. When a change of ownership occurs, the
permit to operate shall expire upon completion of the real estate
transaction.
(b)
1. The department shall send the tank owner
of record a permit renewal notice and online renewal instructions before the
expiration of the current permit, except as provided in subd. 2.
2. Where a change of ownership occurs, the
department shall send the new tank owner a permit application, form TR-WM-152,
within 15 business days of being notified of the change of ownership, as
addressed in s.
ATCP 93.150.
(c) To renew a permit, the tank owner shall
complete all of the information required in the online application including
all of the following information:
1. Proof of
financial responsibility in accordance with subch. VII.
2. An affidavit of financial responsibility
in accordance with s.
ATCP 93.745(2)
(j).
3. Any fees due to the department as assessed
under this chapter or ch. ATCP 94.
4. Test results specified in the online
application.
(7) PERMIT SUSPENSION.
(a)
1. The
department may suspend any permit issued under this section, upon determining
that operation of any involved tank constitutes an imminent hazard to human
health or the environment, or that financial responsibility required in subch.
VII has been discontinued.
2. When
suspending a permit, the department shall inform the owner or operator in
writing of the reasons for the suspension.
(b) Upon suspension of a permit, all
dispensing from any involved tank shall cease, and the department may order the
owner or operator to properly empty the tank.
(c) The department may reinstate a suspended
permit upon determining that the hazard or financial responsibility failure
which resulted in the suspension no longer exists.
See s.
ATCP 93.190 for requirements relating to appealing a
decision by the department.
