Wis. Admin. Code ATCP § ATCP 93.240

Current through November 25, 2024

Section ATCP 93.240 - Certifications and enforcement

(1) CERTIFICATIONS. Persons and firms providing or supervising any of the following services shall be credentialed by the department in accordance with this chapter:

(a) Tank-system site assessment as referenced in s. ATCP 93.465 for aboveground tanks and s. ATCP 93.580 for underground tanks.

(b) Underground tank system lining under ss. ATCP 93.530 and 93.535.

(c) The cleaning and removal of underground storage tank systems and stationary shop-built aboveground storage tank systems.

(d) Storage tank system precision tightness testing using equipment that is not permanently installed on the tank system.

Note: All methods of precision tightness testing are required to be approved by the department in accordance with s. ATCP 93.130.

(e) Corrosion protection services as required in s. ATCP 93.520.

(f) Installation of underground storage tank systems, underground piping, and shop-built aboveground storage tank systems, except this requirement does not apply to any of the following tank systems:

1. Aboveground heating oil tanks at 1- or 2-family dwellings.

2. Tanks or piping that are installed or constructed under the direct supervision of a registered professional engineer.

Note: "Under the direct supervision of a registered professional engineer" means the registered professional engineer must be on the site during, and responsible for, the key installation and test activities described in sub. (16) (e) or (17) (e).

(2) APPLICATION.

(a) Application for a certification or registration, or a certification or registration examination covered under this section shall be submitted on a form prescribed by the department.

Note: Applications and related forms for certifications or registrations are available online at https://mydatcp.wi.gov, from the Department of Agriculture, Trade and Consumer Protection Bureau of Weights and Measures at PO Box 8911, Madison, WI 53708-8911; or at the department's Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

(b) An application for a certification or registration which either requires or recognizes the attendance at or completion of educational courses as a qualification for the certification or registration shall be accompanied by such evidence, including but not limited to transcripts, that verifies fulfillment of the prerequisite.

(c) Applicants for any certification or registration under this chapter shall include the applicant's social security number, or in the case of a certification or registration for a business, the applicant shall include the federal employer identification number. The department shall consider the failure by the applicant to provide a social security number or a federal employer identification number as an incomplete application and may not process the application further until the appropriate number is provided.

(d) A business having multiple locations covered under one federal employer identification number applying for a tank specialty firm registration need not obtain a separate registration for each location.

(3) FEES.

(a) Fees required for the various certifications or registrations and their processing under this section shall be determined in accordance with Table 93.240.

(b) Fees required under this section are not refundable.

(c) Certification or registration fees may not be prorated.

Table 93.240- Fees

Certification or Registration Category	Type	Application Fee	Examination Fee	Certification or Registration Fee
Tank System Inspector	Certification	$20	$15	$50
Tank Specialty Firm	Registration	$20	NA	$50
Tank System Site Assessor	Certification	$20	$15	$50
Aboveground Tank System Installer	Certification	$20	$15	$50
Underground Tank System Installer	Certification	$20	$15	$50
Tank System Liner	Certification	$20	$15	$50
Tank System Remover-Cleaner	Certification	$20	$15	$50
Tank System Tightness Tester	Certification	$20	NA	$50
Cathodic Protection Tester	Certification	$20	NA	$50
Corrosion Expert	Certification	$20	NA	$50

Note: No application fee if application is submitted through the online application system on https://myDATCP.wi.gov.

(4) PROCESSING TIMES. An application for a certification or registration covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the certification or registration. If the certification or registration application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application. If an applicant does not respond to a request by the department for additional information within 3 months after the date of the request, the department shall make a determination on the application based upon the information on hand.

(5) MAILING.

(a) Unless otherwise provided by law, all orders, notices and other papers may be served by the department by 1st class mail at the address on file with the department.

(b) A certification or registration holder shall be responsible for notifying the department of any change in mailing address.

(6) TERMS.

(a) All certifications or registrations issued under this subsection shall be valid for a period of 2 years.

(b) All certifications or registrations issued under this subsection shall expire at 11:59 p.m. on the date of expiration. Certifications and registrations expire on the two-year anniversary of the original date of issuance.

(7) RENEWAL.

(a)

1. A notice of renewal shall be mailed by the department to a certification or registration holder at least 30 calendar days prior to the expiration of the certification or registration.

2. Failure to receive a notice for renewal of a certification or registration may not be considered as an excuse or good cause for failure to renew a certification or registration prior to the expiration of the certification or registration.

(b)

1. Except as provided in subd. 2. b., upon receipt of the renewal notice from the department, a person may apply to renew a certification or registration provided an application, a certification or registration fee and evidence of all renewal obligations, if any, are submitted to the department prior to the expiration date of the certification or registration.

Note: Qualification obligations for renewal are specified under the appropriate certification or registration category sections.

ag. A person may apply to renew a certification or registration in accordance with subd. 2. ar. no later than one two-year term after expiration of the certification or registration. An application fee as specified in Table 93.240 shall accompany the renewal application.

ar. A person who files for renewal after the expiration date of a certification or registration issued under subs. (13) to (20), shall comply with this chapter's requirements for initially receiving that certification or registration.

b. A person who files for renewal of a certification or registration issued under sub. (13), (16), or (17), and who has not obtained all continuing education credit required for renewal shall comply with this chapter's requirements for initially receiving that certification or registration.

c. For a certification or registration issued under sub. (13), (16), or (17), the time period for obtaining continuing education credits shall extend from the beginning date to the expiration date of that certification or registration.

(8) CONTINUING EDUCATION.

(a)Program specifications.

1. Only courses, programs, and seminars approved in writing by the department shall be used for credit to fulfill continuing education requirements.

a. Requests for a course, program or seminar to be recognized for approval shall be submitted in writing to the department.

b. Requests for approval shall include sufficient information to determine if the course, program or seminar complies with this subsection.

c. The department shall review and make a determination on a request for approval within 21 calendar days of receipt of the request and information necessary to complete the review.

a. Thirty minutes of attendance in an approved course, program or seminar shall be deemed equal to 0.5 hours of acceptable continuing education.

b. Continuing education credit for attendance in approved continuing education courses, programs or seminars in other than 30 minute increments shall be rounded down to the next half hour.

c. Courses, programs and seminars to be considered for approval towards continuing education credit shall relate to the skills and knowledge of one or more certification categories.

a. The department may limit credit approval to specific certification categories when approving a course, program, or seminar for continuing education credit.

b. Approval of courses, programs or seminars for continuing education credit may be renewed. Renewal shall be in accordance with subd. 2.

c. An approval of a course, program or seminar for continuing education credit under subs. (13) to (21) shall expire either 3 years after the date of approval, or as otherwise specified in the approval.

5. The department may revoke the approval of a course, program or seminar for continuing education credit for any false statements, misrepresentation of facts or violation of the conditions on which the approval was based. The department may not revoke the approval of a course, program or seminar less than 30 calendar days prior to the course, program or seminar being held.

a. The individual or organization which had obtained the course, program or seminar approval shall maintain an attendance record of those individuals who have attended and completed the course, program or seminar for at least 3 years from the date of the course, program or seminar.

b. The attendance record shall include all of the following: the course name, the course identification number assigned by the department, the date or dates the course was held or completed, the name of each attendee, the name of each certification held by the attendee for which the course applies, and the certification number assigned by the department of each attendee.

c. A copy of the attendance record shall be forwarded by the person or organization which had obtained the course, program or seminar approval to the department within 14 calendar days after completion of the course or program.

7. Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under subs. (13) to (21) shall notify the department of any material changes to the information submitted for that approval.

8. Any individual or organization that obtains a course, program, or seminar approval for continuing education credit under subs. (13) to (21) shall notify the department if the course, program, or seminar is discontinued before the end of its approval period.

(b)Evidence of compliance. Each certification holder shall retain evidence of compliance with continuing education requirements throughout the certification period for which continuing education credit was required for renewal of the certification.

1. The department shall accept as evidence of compliance original or copies of documents, certified by the individual or organization providing the course, program or seminar, indicating attendance and completion of the continuing education credit.

2. The department may require a certification holder to submit evidence of compliance for the continuing education credit which was required to renew the certification.

(c)Continuing education cycle. For those certification categories which require continuing educational credit for renewal, the certification holder shall obtain the necessary amount of continuing educational credit prior to the expiration date of the certification as specified in Table 93.240.

(9) EXAMINATIONS ADMINISTERED BY THE DEPARTMENT.

(a) For those certification categories which require examination, the department shall conduct at least four certification examinations annually for each certification category with the exception of sub. (13) at times and locations specified by the department.

(b) An application and fee for a certification that requires an examination shall be received by the department at least 30 calendar days prior to the day of the examination. The department may postpone the applicant's appearance to another examination date if any of the following occur:

1. The applicant fails to have the application on file with the department within the required time.

2. The application information or required qualifications are incomplete.

3. The examination center is filled to capacity.

(c) Upon verification of the application and the required qualifications, the department shall notify an applicant in writing of the date, time and place of the examination.

(d)

1. An applicant for certification examination shall provide a photo identification or other appropriate evidence to gain admittance to an examination.

2. An applicant shall bring to a certification examination all necessary materials as specified by the department.

a. Except as provided in subd. 3. b., an applicant who fails to appear at a scheduled certification examination without giving notice to the department at least 24 hours before the examination shall be considered to have failed the examination and shall be required to submit a reexamination application and examination fee.

b. The department may waive the 24-hour notification requirement of subd. 3. a. due to inclement weather, if the applicant notifies the department the day of the examination.

(e) The examination for a certification shall be based on a job analysis of the knowledge, skills and abilities associated with the certification. The examination shall include all of the following subject matter:

1. Regulations and standards governing the work or activities required or permitted under the certification.

2. Theories, principles, and practices associated with the activities required or permitted under the certification.

(f) A grade of 70 percent or greater in each part of a certification or registration examination shall be considered a passing grade.

(g)

1. The department shall inform an applicant of the results of an examination in writing within 21 calendar days from the examination date.

2. Upon notification of failing a certification or registration examination, an applicant may request another examination in accordance with this section.

3. An applicant who has successfully passed a certification or registration examination may submit an application and the certification or registration fee as specified under Table 93.240 for the appropriate certification or registration within 3 months after the date the department had mailed the results of the examination.

4. Failure to apply for a certification or registration in accordance with subd. 3. shall necessitate the applicant to apply, retake, and pass another certification or registration examination in order to obtain the certification or registration.

(h)

1. An applicant may request and make an appointment with the department to review the applicant's examination.

2. An applicant who has failed an applicant's examination may not review the examination less than 7 calendar days before the applicant is scheduled to retake the examination.

3. The department shall retain certification or registration examinations at least 2 months after the date of the examination.

Note: This subsection only applies to examinations administered by the department.

(10) ENFORCEMENT ACTIONS.

(a) The department may take actions to ensure compliance with the provisions of this chapter, including denying, revoking, or suspending credentials.

(b) The department may require attendance at a specified education class.

(11) DENIAL, SUSPENSION, AND REVOCATION.

(a)Reasons. The department may deny, suspend, or revoke a certification or registration under this chapter if the department determines that an applicant or holder of the certification or registration is responsible for any of the following:

1. Fails to meet the qualifications for the certification or registration.

2. Has obtained the certification or registration through fraud or deceit.

3. Has demonstrated negligence or incompetence in fulfilling the responsibilities or obligations of the certification or registration.

4. Has a conflict of interest in fulfilling the responsibilities or obligations under the certification or registration.

5. Has demonstrated misconduct in fulfilling the responsibilities or obligations under the certification or registration.

6. Has been arrested or convicted for a crime substantially related to the certification or registration.

7. Has a physical or mental impairment which prevents the applicant or holder from fulfilling the responsibilities or obligations under the certification or registration.

8. Has violated state, federal or local laws or regulations relating to the conduct of the activities under the certification or registration.

9. Has attempted to defraud, including but not limited to falsifying test reports.

10. If registered or certified under this section, has performed any of the following:

a. Failed to maintain required records.

b. Denied the department access to requested records.

c. Failed to submit a required notice or report to the department within a required time period.

d. Submitted false reports to the department or other persons.

e. Exhibited a pattern of submitting substantially inadequate reports.

(b)Notice of denial, suspension, or revocation. A notice of denial, suspension, or revocation shall be sent to the applicant or the certification or registration holder. The notice shall include all of the following:

1. The basis for the denial, suspension, or revocation, including the facts relied on by the department to make its decision and a citation of applicable statutes and administrative rules establishing the legal basis for the decision.

2. A statement that the applicant or the certification or registration holder may file a request for a hearing with the department as specified in s. ATCP 1.06.

(c)Summary suspension. Under s. 227.51(3), Stats., the department may summarily suspend any certification or registration if the department finds that immediate action is necessary for public health, safety or welfare. The summary suspension of a certification or registration shall remain in effect until after a final decision is issued following a hearing.

(d)Hearing. The request for an administrative hearing shall be received by the office of legal counsel of the department no later than 30 days following the date of mailing of the notice under par. (b). Otherwise, the request for hearing shall be denied by the department.

(e)Surrender of certification or registration.A person whose certification or registration has been suspended or revoked shall surrender the certification or registration to the department upon request.

(f)Reinstatement.

1. `Suspension.'

a. A person whose certification or registration has been suspended may apply to have the certification or registration reissued only after the time set for suspension by the department or hearing examiner has passed and by complying with the conditions set forth in the suspension order.

b. The request to the department to have a suspended certification or registration reissued shall be made in writing.

c. The department may require a person whose certification or registration has been suspended to apply for the certification or registration by complying with all of the requirements for a new applicant, including paying the application fees and successfully passing an examination.

d. The department may impose conditions on the reissued certification or registration to assure compliance with this chapter.

2. `Revocation.' A person whose certification or registration has been revoked may not apply to ever receive such a certification or registration.

(12) RESPONSIBILITIES.

(a) A person who holds a certification under this chapter shall carry on person the certification issued by the department while performing or conducting the activity or activities permitted under the certification.

(b) A person who holds a certification under this chapter shall present the certification for identification upon request of the department or its representative.

(c) The requirements of this subsection apply to certifications or registrations issued to an individual and not to a business.

(13) TANK SYSTEM INSPECTORS.

(a)General. No person may conduct a regulatory inspection of a tank system that is regulated under this chapter, to administer and enforce this chapter, unless the person holds a certification issued by the department as a certified tank system inspector.

(b)Application for examination. A person applying to take a tank system inspector certification examination shall submit all of the following:

1. An application in accordance with this section.

2. An application fee and examination fee in accordance with Table 93.240.

(c)Qualifications for examination. A person applying to take a tank system inspector certification examination shall have completed an approved educational course and training program that included at least 3 days of field exercises within the 2 years immediately preceding the application.

(d)Examination. A person seeking to obtain a tank system inspector certification shall take and pass an examination in accordance with sub. (9).

(e)Application for certification. Upon notification of successfully passing the examination for a tank system inspector certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (9) (g) 3.

(f)Responsibilities. A person who inspects tank systems as a certified tank system inspector shall:

1. Perform regulatory enforcement of related code requirements in this chapter.

2. Issue non-compliance or violation-correction orders and conduct follow-up inspections as necessary to verify correction.

Note: Inspectors with authority granted by the local municipality may utilize the respective enforcement procedures as granted by the respective authority.

3. Pursue failure to comply with correction orders through local or department enforcement referral procedures.

4. Maintain a record of the inspections made including the dates and the findings of the inspections.

5. Provide a copy of the inspection report to the owner of the tank system or the owner's agent.

6. Make available to the department tank system inspection records upon request.

Note: Section 19.32(2), Stats., considers a record to be material containing written or electromagnetic information. The department will consider computer records to be equivalent to written reports.

(g)Renewal.

a. A person may renew a certification as a tank system inspector.

b. A tank system inspector certification shall be renewed in accordance with sub. (7).

a. The renewal of a certification as a certified tank system inspector shall be contingent upon the inspector obtaining at least 12 hours of acceptable continuing education prior to the 2-year expiration date of the certification, except as provided in subd. 2. b.

b. A person who holds a certification as a certified tank system inspector may apply to the department for waiver of the continuing education requirements under subd. 2. a. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.

(14) TANK SPECIALTY FIRMS.

(a)General. A corporation, partnership, sole proprietor, independent contractor, or person that provides or offers to provide installation, removal, testing, lining, cleaning or assessments for a tank system which is regulated under this chapter shall hold both of the following:

1. A registration issued by the department as a registered tank specialty firm.

2. Insurance liability coverage, including pollution impairment liability, of no less than $1,000,000 per claim and $1,000,000 annual aggregate and with a deductible of no more than $100,000 per claim.

(b)Application for registration. An entity applying for a tank specialty firm registration shall submit all of the following:

1. An application in accordance with sub. (2).

2. An application fee and a registration fee in accordance with Table 93.240.

3. Proof of the liability coverage specified in par. (a) 2.

4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.

(c)Qualifications for registration. The person applying for a tank specialty firm registration shall be the owner of the business, a partner in the business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the corporation.

(d)Responsibilities. An entity that provides storage tank system installation, removal, testing, lining, cleaning or site assessments as a registered tank specialty firm shall utilize the appropriate credentialed persons to install, remove, test, line, or clean storage tanks; to design or install a cathodic protection system for a tank system; or to provide tank-system site assessments.

(e)Renewal.

1. A person may renew a registration as a tank specialty firm.

2. A tank specialty firm registration shall be renewed in accordance with sub. (7).

3. An application for a renewal under this paragraph shall include proof of the liability coverage specified in par. (a) 2.

4. A list of technicians certified under subs. (15) to (21) including the areas of certification for each technician.

(15) TANK SYSTEM SITE ASSESSORS.

(a)General.

1. No person may conduct a tank-system site assessment required under this chapter unless the person holds a certification issued by the department as a certified tank-system site assessor.

2. Each tank-system site assessment shall be performed by a person who has no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.

(b)Application for examination. A person applying to take a tank-system site assessor certification examination shall submit all of the following:

1. An application in accordance with sub. (2).

2. An application fee and examination fee in accordance with Table 93.240.

(c)Examination. A person seeking to obtain a tank-system site assessor certification shall take and pass an examination in accordance with sub. (9).

(d)Application for certification. Upon notification of successfully passing the examination for a tank-system site assessor certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (9) (g) 3.

(e)Renewal.

1. A person may renew a certification as a tank-system site assessor.

2. A tank-system site assessor certification shall be renewed in accordance with sub. (7).

(16) ABOVEGROUND TANK SYSTEM INSTALLERS.

(a)General. Except as provided in par. (g), no person may install an aboveground tank system that is regulated under this chapter unless the person complies with one of the following:

1. The person holds a certification issued by the department as a certified aboveground tank system installer.

2. The person holds a Wisconsin registration as a professional engineer and is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible or hazardous liquids.

3. The person is under the direct supervision of another person who holds a certification or registration under subd. 1. or 2. and who is responsible for the installation.

(b)Application for examination. A person applying to take an aboveground tank system installer certification examination shall submit all of the following:

1. An application in accordance with sub. (2)

2. An application fee and examination fee in accordance with Table 93.240.

(c)Examination. A person seeking to obtain an aboveground tank system installer certification shall take and pass an examination in accordance with sub. (9).

(d)Application for certification. Upon notification of successfully passing the examination for an aboveground tank system installer certification, a person may obtain the certification by submitting an application and the certification fee in accordance with sub. (2).

(e)Responsibilities. A person who installs or supervises the installation of tank systems as a certified aboveground tank system installer shall be present at the job site for at least all of the following activities:

1. Preinstallation tank system testing.

2. Inspection and repair of coatings.

3. Placement of tanks.

4. Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes.

5. Installation of monitoring or leak detection devices.

6. Installation of pumps.

7. Installation of any underground piping.

(f)Renewal.

a. A person may renew a certification as an aboveground tank system installer.

b. An aboveground tank system installer certification shall be renewed in accordance with sub. (7).

a. The renewal of a certification as an aboveground tank system installer shall be contingent upon the installer obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the certification as specified in sub. (8) and Table 93.240, except as provided in subd. 2. b.

b. A person who holds a certification as an aboveground tank system installer may apply to the department for waiver of the continuing education requirements under subd. 2. a. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.

(g)Exclusion. This subsection does not apply to field-constructed aboveground tanks.

(17) UNDERGROUND TANK SYSTEM INSTALLERS.

(a)General. No person may install an underground tank system that is regulated under this chapter unless the person complies with one of the following:

1. The person holds a certification issued by the department as a certified underground tank system installer.

2. The person holds a registration as a Wisconsin professional engineer and is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible, or hazardous liquids.

3. The person is under the direct supervision of another person who holds a certification or registration under subd. 1. or 2. and who is responsible for the installation.

(b)Application for examination. A person applying to take an underground tank system installer certification examination shall submit all of the following:

1. An application in accordance with sub. (2).

2. An application fee and examination fee in accordance with subs. (2) and (3) and Table 93.240.

(c)Examination. A person seeking to obtain an underground tank system installer certification shall take and pass an examination in accordance with sub. (9).

(d)Application for certification. Upon notification of successfully passing the examination for an underground tank system installer certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (3).

(e)Responsibilities. A person who installs or supervises the installation of tanks as a certified underground tank system installer shall be present at the job site for at least all of the following activities:

1. Preinstallation tank system testing.

2. Inspection and repair of coatings.

3. Placing of bedding material and the setting and bedding of tanks.

4. Backfilling operations and compacting of backfill around tanks and piping.

5. Installation or activation of department-accepted, factory-supplied cathodic protection systems.

Note: The department of agriculture, trade and consumer protection has accepted factory-supplied cathodic protection systems that comply with the sti-P3 specifications from the Steel Tank Institute, and may accept other systems of this type.

6. Installation and testing of all connections and tank-related piping including vapor recovery, vents and supply pipes.

7. Installation of leak detection devices and any monitoring wells.

8. Testing of tanks and piping both prior to and after backfilling.

9. Installation of pumps.

(f)Renewal.

a. A person may renew a certification as an underground tank system installer.

b. An underground tank system installer certification shall be renewed in accordance with sub. (7).

a. The renewal of a certification as an underground tank system installer shall be contingent upon the installer obtaining at least 12 hours of acceptable continuing education prior to the expiration date of the certification as specified in sub. (8) and Table 93.240 except as provided in subd. 2. b.

b. A person who holds a certification as an underground tank system installer may apply to the department for waiver of the continuing education requirements under subd. 2. a. on the grounds of prolonged illness or disability or similar circumstances. Each application for waiver shall be considered individually on its merits by the department.

(18) UNDERGROUND TANK SYSTEM LINERS.

(a)General. No person may line, reline, or perform the lining inspection of an underground tank system that has held or will hold flammable or combustible liquids which are regulated under this chapter unless the person complies with one of the following:

1. The person holds a certification issued by the department as a certified tank system liner.

2. The person is under the direct supervision of another person who holds a certification issued by the department as a certified tank system liner.

(b)Application for examination. A person applying to take a tank system liner certification examination shall submit all of the following:

1. An application in accordance with sub. (2).

2. An application fee and examination fee in accordance with Table 93.240.

(c)Examination. A person seeking to obtain a tank system liner certification shall take and pass an examination in accordance with sub. (9).

(d)Application for certification. Upon notification of successfully passing the examination for a tank system liner certification, a person may obtain the certification by submitting an application and the certification fee in accordance with sub. (2).

(e)Responsibilities. A person who lines or supervises the lining of underground tanks as a certified tank system liner shall be present at the job site for at least all of the following activities:

1. Removal of product from the tanks and making the atmosphere of the tanks inert or vapor-free.

Note: Chapter ATCP 93 requires plan submittal and approval prior to lining a tank.

2. Cutting of openings in tanks.

3. Removal and handling of sludge and other wastes from tanks.

4. Sand blasting of the tank interior.

5. Inspection for holes and wall thickness.

6. Notifying the owner if an internal tank assessment determines that a tank system assessment under this chapter is required.

7. Repair of holes.

8. Notifying and arranging for a certified tank system inspector to visit the site and authorize the lining, prior to applying the lining to the tank.

9. Coating of tanks.

10. Testing for holidays.

11. Testing for coating hardness.

12. Resealing of tanks.

13. Completing an API 1631 inspection form B and submitting it to the owner, authorized agent, and the department.

(f)Renewal.

1. A person may renew a certification as a tank system liner.

2. A tank system liner certification shall be renewed in accordance with sub. (7).

(19) TANK SYSTEM REMOVERS AND CLEANERS.

(a)General. Except as provided in par. (g), no person may remove or clean a tank system that is regulated under this chapter unless the person complies with one of the following:

1. The person holds a certification issued by the department as a certified tank system remover-cleaner.

2. The person is under the direct supervision of another person who holds a certification issued by the department as a certified tank system remover-cleaner.

(b)Application for examination. A person applying to take a tank system remover-cleaner certification examination shall submit all of the following:

1. An application in accordance with sub. (2).

2. An application fee and examination fee in accordance with Table 93.240.

(c)Examination. A person seeking to obtain a tank system remover-cleaner certification shall take and pass an examination in accordance with sub. (9).

(d)Application for certification. Upon notification of successfully passing the examination for a tank system remover-cleaner certification, a person may obtain the certification by submitting an application and the certification fee in accordance with subs. (2) and (9) (g).

(e)Responsibilities. A person who removes or cleans or supervises the removing or cleaning of tanks as a certified tank system remover-cleaner shall be present at the job site for at least all of the following activities:

1. Disconnecting and draining of piping.

2. Capping of piping.

3. Vapor freeing or inerting of tanks.

4. Cleaning of tanks and handling of sludge and other wastes.

5. Removal of tank systems from the ground and loading them for transport or filling the tank systems with an inert material.

6. Visual inspection of the soils around the excavation or tank system location.

(f)Renewal.

1. A person may renew a certification as a tank system remover-cleaner.

2. A tank system remover-cleaner certification shall be renewed in accordance with sub. (7).

3. An application for a renewal under this section shall include proof of the liability coverage specified in sub. (14) (a) 2.

(g)Exclusions. This section does not apply to any of the following:

1. Field-constructed aboveground tanks.

2. Heating fuel tanks located aboveground or in basements of 1- or 2-family dwellings.

(20) TANK SYSTEM TIGHTNESS TESTERS.

(a)General.

1. No person may conduct the tightness testing specified in this chapter for a tank system unless the person holds a certification issued by the department as a certified tank system tightness tester.

2. Tank system tightness testing shall be performed by a person with no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.

(b)Application for certification.A person applying for a tank system tightness tester certification shall submit all of the following:

1. An application in accordance with sub. (2).

2. An application fee and a certification fee in accordance with Table 93.240.

(c)Qualifications for certification.

1. A person applying for a tank system tightness tester certification shall have completed training in one or more tightness test methods that have been approved under this chapter, within the 2 years immediately preceding the application.

2. The test methodology training qualifying for certification shall have been provided by the person or entity that obtained the approval under this chapter for the methodology.

(d)Responsibilities. A person who conducts tightness tests for tank systems as a certified tank system tightness tester shall do all of the following:

1. Conduct tightness tests in accordance with the material approval under this chapter and any additional manufacturer's instructions.

2. Employ only those test methodologies for which training has been obtained.

(e)Renewal.

1. A person may renew a certification as a tank system tightness tester.

2. A tank system tightness tester certification shall be renewed in accordance with sub. (7).

(21) CATHODIC PROTECTION SPECIALTIES.

(a)General.

1. `Cathodic protection tester.' No person may conduct cathodic protection testing of a tank system that is regulated under this chapter unless the person holds a certification issued by the department as a certified cathodic protection tester.

2. `Corrosion expert.'

a. No person may design or install a cathodic protection system for a tank system that is regulated under this chapter unless the person holds a certification issued by the department as a certified corrosion expert.

b. This paragraph does not apply to department-accepted, factory-supplied cathodic protection systems.

3. `Independence.' Cathodic protection activities covered under this section shall be performed by a person with no personal or monetary interest in the facility and whose employer has no personal or monetary interest in the facility.

(b)Application for certification. A person applying for certification as a cathodic protection tester or a corrosion expert shall submit all of the following:

1. An application in accordance with sub. (2).

2. An application fee and certification fee in accordance with s. Table 93.240.

3. Documentation showing formal education relating to soil resistivity, stray current, structure-to-soil potential, component electrical isolation measurements of buried metal piping and tank systems, and corrosion control.

4. Documentation from a cathodic protection certification entity recognized by the department, showing the applicant has successfully completed a certification examination that corresponds to the cathodic protection specialty addressed in the application.

Note: The department of agriculture, trade and consumer protection will accept the following certifications as demonstrating compliance with subds. 3. and 4. for a cathodic protection tester:

- NACE certification as a CP 1 tester.

- NACE certification as a CP 2 technician.

- NACE certification as a CP 3 cathodic protection technologist.

- NACE certification as a senior corrosion technologist.

- NACE certification as a corrosion technologist.

- NACE certification as a corrosion technician.

- STI certification in UST system cathodic protection monitoring.

Note: The department of agriculture, trade and consumer protection will accept the following certifications as demonstrating compliance with subds. 3. and 4. for a corrosion expert:

- NACE certification as a corrosion specialist.

- NACE certification as a CP 4 cathodic protection specialist.

Note: NACE, formerly known as the National Association of Corrosion Engineers, can be contacted at NACE International, PO Box 218340, Houston, TX 77218. STI can be contacted at Steel Tank Institute, 570 Oakwood Road, Lake Zurich, IL 60047.

(c)Responsibilities. A person who conducts cathodic protection tests or who designs or installs cathodic protection systems shall do all of the following:

1. Conduct all cathodic protection tests in accordance with this chapter and any manufacturer's instructions.

2. Employ only those methodologies for which training has been obtained and documented.

Note: Although several different levels of expertise may qualify for the same certification, this section is intended to prohibit performing cathodic protection activities unless the specific expertise for that activity has been attained and documented.

(d)Renewal.

1. A person may renew a certification as a cathodic protection tester or corrosion expert.

2. A certification for a cathodic protection tester or corrosion expert shall be renewed in accordance with sub. (7).

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.240

CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (intro.), (a), (b), (e) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (1) (a), (b), (e), (2) (c) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.

Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (5) (a), (6) (a), (7) (b) 1., 2. b., c., (9) (d) 3. a., b., (11) (a) 10., (13) (a), (g) 2., (14) (a) 1., (15) (a) 1., (16) (a) 1., (f) 2., (17) (a) 1., 3., (e) 5., (f) 2., (18) (e) 13., (19) (a) 1., 2., (20) (a) 1., (21) (a) 1., 2., (b) 4. made under s. 35.17, Stats., (7) (b) 2. ag., ar. renum. from (7) (b) 2., a. under s. 13.92(4) (b) 1, Stats., and correction in (13) (e), (15) (d), (17) (a) 3. made under s. 13.92(4) (b) 7, Stats., Register October 2019 No. 766, eff. 11/1/2019