Section ATCP 93.700 - Applicability(1) This subchapter applies to owners and operators of any of the following storage tank systems, whether new or existing, that are in-use, seldom-used or temporarily out of service: (a) Petroleum underground storage tank systems.(b) Petroleum aboveground storage tank systems located on piers that are not of solid-fill construction.(c) Petroleum aboveground storage tank systems, located on floating structures or watercraft, that are not used exclusively for the propulsion of that floating structure or watercraft.(e) Tank vehicles that perform fueling operations covered in s. ATCP 93.610(3).(f) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with single bottoms, that were upgraded with tank lining but not placed in impermeable dike systems.(g) Petroleum aboveground storage tank systems using tanks with individual capacities of 5,000 gallons or more, with double bottoms, that are not provided with interstitial monitoring and not placed in impermeable dike systems.(2) This subchapter does not apply to any of the following: (a) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States.(b) Owners and operators of the following storage tank systems: 1. Farm and residential underground storage tank systems which have a capacity of less than 1,100 gallons and which are used for storing motor fuel for noncommercial purposes.2. Storage tank systems used for storing heating oil for consumptive use on the premises.3. Any tank system in sub. (1) (a) that is permanently closed in accordance with s. ATCP 93.560.(3) If the owner and operator of a petroleum storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.700
CR 07-029: cr. Register November 2008 No. 635, eff. 2-1-09; correction in (1) (e) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; correction in (1) (e) 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. 11/1/2019