Current through August 26, 2024
Used oil burners are subject to all applicable spill
prevention, control and countermeasures ( 40 CFR part 112) in addition to this
subchapter. Used oil burners are also subject to the underground storage tank
(ch. ATCPS 93) requirements for used oil stored in underground tanks whether or
not the used oil exhibits any hazardous waste characteristics, in addition to
this subchapter.
(1) STORAGE UNITS.
Used oil burners may not store used oil in units other than tanks, containers
or units regulated under ch. NR 664 or 665.
(2) CONDITION OF UNITS. Containers and above
ground tanks used to store used oil at burner facilities shall be all of the
following:
(a) In good condition (no severe
rusting, apparent structural defects or deterioration).
(b) Not leaking (no visible leaks).
(3) SECONDARY CONTAINMENT FOR
CONTAINERS. Containers used to store used oil at burner facilities shall be
equipped with a secondary containment system.
(a) The secondary containment system shall
consist of, at a minimum, all of the following:
1. Dikes, berms or retaining walls.
2. A floor. The floor shall cover the entire
area within the dike, berm or retaining wall.
(b) The entire containment system, including
walls and floor, shall be sufficiently impervious to used oil to prevent any
used oil released into the containment system from migrating out of the system
to the soil, groundwater or surface water.
(4) SECONDARY CONTAINMENT FOR EXISTING ABOVE
GROUND TANKS. Existing above ground tanks used to store used oil at burner
facilities shall be equipped with a secondary containment system.
(a) The secondary containment system shall
consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:
1. Dikes, berms or retaining walls.
2. A floor. The floor shall cover the entire
area within the dike, berm or retaining wall except areas where existing
portions of the tank meet the ground.
3. An equivalent secondary containment
system.
(b) The entire
containment system, including walls and floor, shall be sufficiently impervious
to used oil to prevent any used oil released into the containment system from
migrating out of the system to the soil, groundwater or surface
water.
(5) SECONDARY
CONTAINMENT FOR NEW ABOVE GROUND TANKS. New above ground tanks used to store
used oil at burner facilities shall be equipped with a secondary containment
system.
(a) The secondary containment system
shall consist of, at a minimum, the following in subds. 1. and 2., or subd. 3.:
1. Dikes, berms or retaining walls.
2. A floor. The floor shall cover the entire
area within the dike, berm or retaining wall.
3. An equivalent secondary containment
system.
(b) The entire
containment system, including walls and floor, shall be sufficiently impervious
to used oil to prevent any used oil released into the containment system from
migrating out of the system to the soil, groundwater or surface
water.
(6) LABELS.
(a) Containers and above ground tanks used to
store used oil at burner facilities shall be labeled or marked clearly with the
words "Used Oil".
(b) Fill pipes
used to transfer used oil into underground storage tanks at burner facilities
shall be labeled or marked clearly with the words "Used Oil".
(7) RESPONSE TO RELEASES. Upon the
detection of a release of used oil to the environment, a burner shall perform
all of the following cleanup steps:
(a) Stop
the release.
(b) Contain the
released used oil.
(c) Clean up and
properly manage the released used oil and other materials.
(d) If necessary, repair or replace any
leaking used oil storage containers or tanks prior to returning them to
service.
