(1) NOTIFICATION.
(a) At least 5 business days before beginning
permanent closure of a tank system, the owner or operator or designee shall
notify the authorized agent or the department of the intended closure on form
TR-WM-121, except a shorter notification period is permitted where unexpected
closure is commenced upon finding adverse conditions during a corrective action
conducted under s.
ATCP 93.585.
(b) Any date or time changes to the original
submitted notification form, TR-WM-121, shall be requested at least one
business day prior to the original date or time. The new date or time must be
later than the original date or time.
Note: Form TR-WM-121 - ATCP 93 Notification
Record is available from the Bureau of Weights and Measures, PO Box 8911,
Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau's
Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
(2) CLOSURE PROCEDURES.
(a) To permanently close an underground tank
system, the owner or operator shall have the tank and piping emptied and
cleaned, by removing all liquids and accumulated sludge, and shall remove the
tank and piping from the site unless allowed otherwise under par. (e). Tanks
that are removed shall be scrapped unless reused in accordance with s.
ATCP 93.350(3)
(i) or 93.500(3) (c).
(am) Tank basin and piping trench excavation
shall be left open until inspector approves backfilling and tank and piping
must remain onsite until inspector approves removal.
(b) Tank cleaning processes shall comply with
the appropriate national standard referenced in s.
ATCP 93.200.
Note: For guidance in complying with the
tank-cleaning requirements in API standard 2015, as listed on line 17 of Table
93.200-2, API publishes RP 2016, Guidelines and Procedures for Entering
and Cleaning Petroleum Storage Tanks, which is available from API at
the address listed in the table.
(c) Individuals cleaning tanks or removing
tank systems or portions of tank systems shall be certified in accordance with
s.
ATCP 93.240(14) to
(21).
(d) When an underground tank system is
closed, or when a previously closed tank system is removed under sub. (4), the
owner shall have a revised tank registration, form TR-WM-137, and part A of the
department's tank-system service and closure assessment report, form TR-WM-140,
completed and submitted to the department within 21 business days of closure or
removal.
Note: Form TR-WM-137 - Underground
Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form
TR-WM-140 - Tank System Service and Closure Assessment Report are available
from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911,
or at telephone (608) 224-4942, or from the Bureau's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
(e) Underground tanks systems may be closed
in-place by filling with an inert, solid material, after emptying and cleaning,
if the department determines, upon written request from the owner or operator,
that one or more of the following conditions exist:
1. Excavation would impact the structural
integrity of an adjacent building or structure.
2. Overhead utilities at a commercial site
pose a safety hazard.
3. Excavation
would impact adjacent transformers or substations.
4. Unauthorized encroachment would occur onto
neighboring property under different ownership.
5. The tank location is inaccessible to
necessary equipment.
6. Excavation
would result in the destruction of mature trees.
7. Excavation would encroach upon a public
way.
8. Excavation would
necessitate the permanent disconnection or relocation of underground utilities.
Note: Closing a tank in-place does not exempt
the tank from tank-system site assessment requirements.
(f) The department's Tank System
Service and Closure Assessment Report form, TR-WM-140, shall be filled out by
the certified remover and provided to the certified tank system inspector at
the closure inspection.
(3) TANK-SYSTEM SITE ASSESSMENT. A
tank-system site assessment shall be performed in accordance with ss.
ATCP 93.575 to 93.585 after notifying the authorized agent
or the department but before closing a tank system in place, installing a new
system, or backfilling the tank basin and the piping trenches.
Note: The department and the department of
natural resources share jurisdiction over tank closures and tank-system site
assessments. The DNR must be notified if a release is
discovered.
(4)
APPLICABILITY TO PREVIOUSLY CLOSED SYSTEMS.
(a)
General. When directed
by the department, the owner or operator of any tank system closed in-place
before December 22, 1988, shall have the system removed in accordance with this
section and have the tank basin assessed in conformance with s.
ATCP 93.580.
(b)
Systems previously closed without
solid, inert fill. The owner or operator of any tank system that was
closed before October 1, 1971, without removing the tank from the site but by
filling the tank with water, shall bring the closed system into compliance with
sub. (2) within a time period established by the department on a case-by-case
basis, except that the tank-system site assessment in s.
ATCP 93.580 is not required unless there is a suspected or
obvious release. Written documentation shall be provided to prove closure with
water before September 1, 1971.
Note: Before September 1, 1971, ch. Ind 8 -
Flammable and Combustible Liquids Code allowed UST systems to be filled with
water when closed or abandoned in-place.
(c)
Other tank systems.
Empty or improperly closed or abandoned tank systems that do not meet the
requirements of sub. (2) or the exemption under par. (b) shall be permanently
closed in accordance with all of the provisions of this
section.
