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 VII - Financial Responsibility
Section ATCP 93.700 - Applicability

Current through August 26, 2024

(1) This subchapter applies to owners and operators of any of the following storage tank systems, whether new or existing, that are in-use, seldom-used or temporarily out of service:

(a) Petroleum underground storage tank systems.

(b) Petroleum aboveground storage tank systems located on piers that are not of solid-fill construction.

(c) Petroleum aboveground storage tank systems, located on floating structures or watercraft, that are not used exclusively for the propulsion of that floating structure or watercraft.

(d) Tank wagons.

(e) Tank vehicles that perform fueling operations covered in s. ATCP 93.610(3).

(f) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with single bottoms, that were upgraded with tank lining but not placed in impermeable dike systems.

(g) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with double bottoms, that are not provided with interstitial monitoring and not placed in impermeable dike systems.

(2) This subchapter does not apply to any of the following:

(a) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States.

(b) Owners and operators of the following storage tank systems:
1. Farm and residential underground storage tank systems which have a capacity of less than 1,100 gallons and which are used for storing motor fuel for noncommercial purposes.

2. Storage tank systems used for storing heating oil for consumptive use on the premises.

3. Any tank system in sub. (1) (a) that is permanently closed in accordance with s. ATCP 93.560.

(3) If the owner and operator of a petroleum storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.

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.
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