Section ATCP 93.140 - Tank registration(1) GENERAL. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks: (a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics: 1. Are farm tanks, or are located at and serve a construction project.2. Are used to store heating oil or used oil, for consumptive use on the premises. Note: Tanks that are not exempt from registration requirements under this paragraph include tanks which store heating oil as a backup fuel for natural gas-fired boilers.
3. Are used to store Class IIIB liquids other than used oil. Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.
4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.(b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons. Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.
Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because s. ATCP 93.020(6) (o) excludes those tanks from this chapter.
(d) Tank wagons, portable tanks, and movable tanks that are located on a property for less than 24 months.(e) Tanks that are located at an EPA superfund site. Note: Per Wisconsin statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.
(2) REGISTRATION DEADLINES AND RESPONSIBLE PARTY. (a) The owner of a newly installed storage tank shall have the tank registered with the department in accordance with sub. (3) within 15 business days of completion of the installation. Note: See s. ATCP 93.150 for the deadline and other procedures for notifying the department of a change in ownership for a registered storage tank.
(b) An owner of a registered tank who changes their name or mailing address, or an owner of a registered tank at a facility that undergoes a name change, shall have the change registered with the department on form TR-WM-118, TR-WM-137, or TR-WM-153, as provided by the department, within 15 business days of the change. Note: Form TR-WM-118- Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form TR-WM-137 - Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-153 - Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942. Forms TR-WM-118 and TR-WM-137 are also available from the Bureau's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
(c) The owner of a registered tank system that undergoes any of the following changes or modifications shall have the change or modification registered with the department in accordance with sub. (3) (a) and (c) or (d) within 15 business days of completion of the change or modification: 1. Change in service, where the subsequent service is storing a regulated substance or when changing service from one regulated substance to another.2. Addition of leak detection, spill or overfill control or corrosion protection for any part of the system; or upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.3. Converting to point-of-sale fueling.(d) The owner of a tank system that is undergoing conversion to being either temporarily out of service or back in service shall have the change registered with the department in accordance with sub. (3) (a) within 15 business days of the change.(e) The owner of land on which unregistered tanks are discovered, including any that are permanently closed, shall have the tanks registered with the department in accordance with sub. (3) (a) and (b) within 15 business days of discovery. Note: See s. ATCP 93.400(6) (c) for registration requirements that apply when an AST is relocated to a property with a different street address.
Note: See s. ATCP 93.450 or 93.550(1) (e) for registration requirements that apply when an AST or UST, respectively, is changed from storing a regulated substance to storing a non-regulated substance.
Note: See s. ATCP 93.460(4) or 93.560(2) (d) for registration requirements that apply during permanent closure or removal of an AST or UST system, respectively.
Note: See s. ATCP 93.530(2) (f) for registration requirements that apply when a UST lining is installed.
(3) REGISTRATION PROCEDURE. (a)General. A storage tank registration form, form TR-WM-118 or TR-WM-137, shall be completed, signed by the owner and submitted to the department, for each tank which stores regulated substances and which is not exempted in sub. (1). Note: Form TR-WM-118 - Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration and TR-WM-137 - Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration 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.
(b)Proof of financial responsibility. For a tank owner meeting any of the conditions in sub. (2) (a) and (e), except for permanently closed tanks, proof of any required financial responsibility and an affidavit of financial responsibility, in accordance with subch. VII, shall be submitted with the registration form. Note: See s. ATCP 93.700(1) for the types of tanks that must have financial responsibility. See s. ATCP 93.745(2) (j) for requirements for an affidavit of financial responsibility.
(c)Tank installation checklist and tests.1. Submittal of a registration form for a newly installed shop-built tank system, or for a registered shop-built tank system addressed in sub. (2) (c), shall include the original of the tank installation inspection checklist, form TR-WM-120 or TR-WM-138, as completed by the certified tank system inspector under s. ATCP 93.115(2) (b) 4., except as specified in par. (d).2. Submittal of a registration form for a newly installed UST system shall include the results of the installation tests required in s. ATCP 93.500(6).(d)Exceptions. In the following circumstances, the specified documents shall be submitted instead of form TR-WM-120 or TR-WM-138: 1. `Newly installed aboveground tanks storing federally regulated hazardous substances.' Submittal of a registration form for an aboveground tank which stores federally regulated hazardous substances shall include a statement from the qualified engineer responsible for designing and overseeing the construction of the tank system. The statement shall include the name, business address and signature of the qualified engineer and a summary list of design standards used. Note: The list of federally regulated hazardous substances referred to in this subdivision, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.
2. `Conversion to point-of-sale fueling.' Where conversion to point-of-sale fueling is the only change at a facility, submittal of the registration form shall include the POS fueling installation form, TR-WM-130, completed under s. ATCP 93.100(3) (a) 5. b.3. `Upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.' Where upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer is the only change at a facility, submittal of the registration form shall include the leak detection installation form, TR-WM-133, completed under s. ATCP 93.100(3) (a) 5. c.4. `Conversion to storage and dispensing of alternative motor fuels.' Where conversion to storage and dispensing of alternative motor fuels is the only change at a facility, submittal of the registration form shall include Part II of form TR-WM-132, as completed by the tank owner under s. ATCP 93.100(3) (a) 5. d.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.140
CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; corrections in (3) (d) 2. to 4. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; correction in (3) (c) 1., 2., (d) 2., 3., 4. made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (3) (c) 1., 2., (d) 2. to 4. made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, CR 16-012: am. (2) (b), (3) (a), (c) 1., (d) (intro.), 2., 3., 4. Register August 2016 No. 728, eff. 9/1/2016Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (3) (b) made under s. 35.17, Stats., Register October 2019 No. 766, eff. 11/1/2019