Section ATCP 93.545 - Seldom-used and temporarily out of service tank systems(1) OPERATIONAL REQUIREMENTS. When a storage tank system is placed temporarily out of service, the owner or operator shall comply with all of the following: (a) Notify the department of the registration change in accordance with s. ATCP 93.140(2) (d).(b) Maintain tank permits in accordance with s. ATCP 93.145.(c) Maintain financial responsibility in accordance with subch. VII.(d) Operation and maintenance of corrosion protection shall be continued.(e)1. The tank, piping, dispensing equipment, lines, pumps, manways, and other ancillary equipment shall be secured to prevent tampering, except as exempted in subd. 2.2. Facilities that are in operation and secured against general public access are not required to have the additional security required in subd. 1. All vent lines shall be left open and functioning.(f) All inspections, maintenance, and periodic testing shall be performed as if the tank were still in service.(g) Requirements for tanks with product: 1. Product must be removed from tanks if they have been in TOS status for 12 months.2. Product must be tested and meet ASTM standards prior to bringing the tank back into service.3. Leak detection shall be maintained in accordance with this chapter.(h) Requirements for tanks without product: 1. The tank system is empty when all liquid has been removed from the tank and the associated piping so that no more than one inch of residue remains in the system.2. The tank shall be protected against flotation caused by flooding or soil saturation.(j) Single-walled tanks or piping installed more than 30 years ago shall be placed back into service within one year or be permanently closed per s. ATCP 93.560.(2) PLACING A TANK BACK INTO SERVICE. (a) Notify the department of the registration change in accordance with s. ATCP 93.140(2) (d).(b) A precision tightness test shall be performed on the tank and piping in accordance with s. ATCP 93.515(4) (a) 1. before placing the tank system back into service.(c) Tank systems out of service for more than 365 days shall pass a tightness test of the ullage portion in accordance with s. ATCP 93.515(10) to assure that tank connections are liquid- and vapor-tight.(d) The tank system shall fully comply with this chapter before being placed back into service, except double-wall construction is not newly required for underground tank systems installed before February 1, 2009.(e) Tank systems covered in par. (a) shall immediately have the leak detection system verified in accordance with s. ATCP 93.510(2).(f) Tanks covered in par. (b) shall have all the respective components documented as functional on form TR-WM-139 and on forms TR-WM-123 and TR-WM-125, if applicable, before being placed back in service.(g) Product stored in tank during the TOS period shall be tested and meet ch. ATCP 94 standards prior to being sold. Note: Form TR-WM-123, Electronic/Mechanical Line Leak Detector Annual Functionality, form TR-WM-125, Line Test Report, and form TR-WM-139, Underground Tank System Functionality Verification, 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. See s. ATCP 93.165 for use of alternate forms approved by the department.
(3) NON-COMPLYING TANK SYSTEMS. Tank systems that do not comply with this section or in-use tank system requirements are abandoned tanks and shall be closed in accordance with s. ATCP 93.560 within 60 calendar days of non-compliance.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.545
CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; CR 09-017: am. (1) (a) 2. b., (2) (b), (c), and (3), cr. (2) (d) Register July 2009 No. 643, eff. 8-1-09; correction in (2) (a), (c), (3) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (2) (a), (c), (3) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, corrections in (2) (d) (Note) made under s. 13.92(4) (b) 7, Stats., Register August 2016 No. 728, eff. 9/1/2016.Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (c), (g) 1. made under s. 35.17, Stats., Register October 2019 No. 766, eff. 11/1/2019