Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids
Subchapter VI - Dispensing of Motor Fuels
Section ATCP 93.630 - Fuel storage and dispensing at farms and construction projects

Universal Citation: WI Admin Code § ATCP 93.630

Current through August 26, 2024

(1) GENERAL.

(a) Aboveground tanks. This section applies to aboveground storage tank systems for fueling operations at a farm premises or construction project. Such tanks shall comply with NFPA 30A chapter 13 and this section.

(b) Limitations on location and type of use. The tanks may not be used for fueling vehicles unless the vehicles are dedicated to the operation of the farm premises or construction project.

1. The tanks shall be constructed in accordance with NFPA 30A chapter 13 and this section.

2. Nozzles on gravity systems may not have a latch-open device.

3. There is no minimum required setback between the tank and the dispenser.

(d) Operations involving tanks. Operations shall be in accordance with NFPA 30A chapter 13.

(e) Security. The tank system shall be equipped so the hose, hanger, or outlet valve can be locked to prevent tampering.

(2) MODIFICATIONS TO NFPA 30A AND EXEMPTIONS.

(a) Farming operations. For farming operations using a tank without secondary containment, the tank and the fueling operation shall be placed outside of a building and at least 40 feet from the near side of a public way and from a building or structure used for any of the following purposes:

1. Human occupancy.

2. Housing of any livestock.

3. Storage or repair of any motor-driven vehicle or machine.

4. Storage of chemicals, pesticides, or other fuels.

5. Storage of hay or similar crops susceptible to spontaneous combustion if stored in a combustible building or structure.

(b) Other operations. For all operations within the scope of this section using a tank without secondary containment, other than farming, the tank and the fueling operation shall be placed outside and at least 40 feet from the near side of a public way and from any important building or structure.

(c) Operations using secondary containment tanks. All operations within the scope of this section using a tank with secondary containment shall follow the setback requirements in Table 93.630.

(d) Irrigation operations.

1. A tank that supplies a combustion engine in an irrigation system shall be located on land or on a pier of the solid-fill type.

2. The tank shall be mounted to maintain stability against vibration, wind, water-saturated ground, and floodwater and shall be liquid-tight.

3. Where a tank is at an elevation that may produce a gravity head-pressure or siphon pressure, the tank outlet shall be equipped with a device, such as a normally closed solenoid valve, which will prevent gravity or siphon flow from the tank to the engine. This device shall be located adjacent to and downstream of the tank outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity or siphon from the tank to the engine if the fuel piping, tubing, or hose system fails when the engine is not in use.

4. The fuel piping, tubing, or hose system connecting the tank to the engine shall comply with all of the following:

a. Be compatible with the fuel.

b. Be constructed, supported, and protected against physical damage and stresses arising from impact, settlement, vibration, expansion, contraction, wave action, and wildlife.

c. Be of a type that is designed to withstand the forces and pressures exerted upon it, including from any motion of the engine or a pier.

d. Be liquid-tight.

e. Have a valve at the tank to shut off the liquid supply from the tank.

(3) TANKS OF LESS THAN 1,100 GALLONS.

(a) Aboveground tanks that have a capacity of less than 1,100 gallons shall comply with this subsection before use.

(b) Installation shall be by a certified installer.

(c) The certified installer shall fill out a tank installation notification, form TR-WM-124, and provide the form to the authorized agent or the department for inspection of the tank system.

Note: Form TR-WM-124 - Farm & Construction AST Installation Notification 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 http://datcp.wi.gov/Consumer/Hazardous_Materials_Storage_Tanks/Hazardous_Materials_Storage_Tank_Forms/index.aspx.

(d) Before a tank may be filled or used, the tank system shall be inspected or authorized for use by the authorized agent or the department, except as allowed otherwise by par. (g).

(e) The owner shall remit the inspection fee under Table 93.1605 to the authorized agent or the department before filling or using the tank.

(f) The tank shall be inspected within 5 business days after notification for a standard inspection and within 2 business days after notification for a priority inspection, except as provided in par. (g).

(g) The tank may be filled and used if the inspection has not been completed within the time limits after notification specified in par. (f).

(h) Tanks that are filled via hand-held nozzles shall be constantly attended during product delivery and shall be provided with overfill prevention equipment which notifies the person filling the tank, with either an audible or a visual signal, that the liquid level has reached 90 percent of the tank's capacity.

(i)

1. Tanks shall be mounted on noncombustible supports that are adequate to provide stability.

2. The base of the tank supports shall be at the same grade level as the vehicles when positioned for fueling.

3. The bottom of the tank, irrespective of any supports, shall be elevated at least 6 inches above the surrounding grade.

(4) TANKS OF 1,100 GALLONS OR MORE, OR LOCATED LESS THAN 40 FEET FROM BUILDINGS. Aboveground tanks which have a capacity of 1,100 gallons or more, or which are located less than 40 feet from either the buildings and structures listed in sub. (2) (a) or important buildings or structures, shall comply with all of the following:

(a) Tank listing. The tank shall be listed and labeled for aboveground use.

(b) System design and location. The tank system shall comply with the specifications for dispensing facilities in s. ATCP 93.615(5), with the following exceptions:

1. The tank system and the fueling operation shall be located in accordance with Table 93.630.

2. Vehicle collision protection may be omitted where a dike complying with this chapter is provided for secondary containment.

3. Tanks under this paragraph are exempt from the enclosure requirement in s. ATCP 93.615(5) (o).

Table 93.630

Tank System Setbacks for Tanks with Secondary Containment

Aggregate Capacity (gallons)	Distance to Nearest Building, Haystack or Combustible Structure or Nearest Side of Any Public Way	Distance to Property Line That Is or Can Be Built Upon, Including the Opposite Side of a Public Way
275 or less	5 feet	5 feet
276-750	5 feet	10 feet
751-12,000	5 feet	15 feet
12,001-30,000	5 feet	20 feet
Any size	The minimum setback between multiple tank fueling systems is 200 feet.

1. The tank system shall be installed in accordance with the manufacturer's instructions, the applicable national standards adopted in s. ATCP 93.200, plans and specifications approved under s. ATCP 93.100 and this chapter.

2. The tank system installation shall be performed or supervised by a certified installer.

3. The tank system shall be inspected in accordance with s. ATCP 93.115(2).

4. The tank shall be registered in accordance with s. ATCP 93.140.

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.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.