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 93.743 - Reporting by owner or operator

Universal Citation: WI Admin Code ยง ATCP 93.743

Current through August 26, 2024

(1) GENERAL. The owner or operator of a petroleum storage tank subject to financial responsibility requirements under the scope of this subchapter shall submit a copy of the applicable forms listed in s. ATCP 93.745(2) documenting current evidence of financial responsibility to the department in accordance with this section.

(2) TIMING.

(a) Underground tanks. Copies of the applicable forms listed in s. ATCP 93.745(2) shall be submitted to the department upon annual permit renewal as required in s. ATCP 93.145, along with all of the following:
1. The specific location and designated regulated object number of tanks at each facility covered by the respective mechanism of financial responsibility.

2. If insurance and risk retention under s. ATCP 93.715 is used, the insurance underwriter certificate of insurance, and schedule of covered locations and storage tanks as provided by the insurer, reflecting pollution coverage in the amounts required under s. ATCP 93.705.

(b) Aboveground tanks. Copies of the applicable forms listed in s. ATCP 93.745(2) shall be submitted to the department within 30 days after the owner or operator identifies a release from an aboveground storage tank that is required to be reported under s. ATCP 93.585.

(c) All tanks. If the owner or operator of an underground or aboveground petroleum storage tank fails to obtain alternate coverage as required by this subchapter, copies of the applicable forms listed in s. ATCP 93.745(2) shall be submitted to the department within 30 days after the owner or operator receives notice of any of the following:
1. Commencement of a proceeding under Title 11, U.S. Code, naming a provider of financial assurance as a debtor.

2. Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism.

3. Failure of a guarantor to meet the requirements of the financial test.

4. Other incapacity of a provider of financial assurance.

(3) NEW TANKS. The owner or operator of an underground petroleum storage tank, or an aboveground petroleum storage tank used or intended for use over water, shall certify compliance with the financial responsibility requirements of this subchapter as specified in the new tank registration form when notifying the department of the installation of a new storage tank as required in s. ATCP 93.140.

(4) ADDITIONAL SUBMITTALS. The department may require an owner or operator to submit evidence of financial assurance as described in s. ATCP 93.745(2) or other information relevant to compliance with this subchapter at any time.

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