Wis. Admin. Code ATCP § ATCP 93.830

Current through November 25, 2024
Section ATCP 93.830 - Responsibilities of Class A, Class B, and Class C operators
(1) CLASS A OPERATORS. Responsibilities of a Class A operator include all of the following:
(a) Compliance with tank system registration and permit to operate requirements.
(b) Managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
(c) Ensuring that appropriate individuals do all of the following:
1. Properly operate and maintain the underground storage tank system.
2. Maintain appropriate records.
3. Receive training to operate and maintain the underground storage tank system and keep records.
4. Properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.
5. Make financial responsibility documents available to the authorized agent or the department as required.
(2) CLASS B OPERATORS. Responsibilities of a Class B operator include ensuring that all of the following occur:
(a) Requirements for leak or release detection methods, record keeping, and reporting are met.
(b) Requirements for leak or release prevention equipment, record keeping, and reporting are met.
(c) All relevant equipment complies with performance standards.
(cm) Monthly periodic inspections required under PEI RP 500 and RP 900 per ss. ATCP 93.500(8) and ATCP 93.605(1) are performed or reviewed monthly by a Class B operator.
(d) Appropriate individuals are trained to properly respond to emergencies or alarms relating to spills, leaks or releases from the underground storage tank system.
(e) All Class C operators are provided with training and written instructions that include all of the following:
1. Emergency response procedures, including all of the following:
a. Procedures for overfill protection during delivery of regulated substances.
b. Operation of emergency shut-off systems.
c. Appropriate responses to all alarms.
d. Reporting of leaks, spills and releases.
e. Any site-specific emergency procedures.
2. The name and other information needed for contacting appropriate parties if a leak, spill, release, or alarm occurs.
(f)
1. A Class C operator is present during all operating hours of the underground storage tank system, except as provided in subd. 2.
2.
a. For fueling facilities which are attended as specified in s. ATCP 93.605(5) (a) and which include hours of operation when no attendant is on duty, a sign shall be posted in a conspicuous place, stating the emergency shutoff procedures and the name and telephone number of the Class B operator, along with the name and telephone number of the local emergency responders, including 911 personnel.

Note: Section ATCP 93.605(5) (a) reads as follows: To be considered as being an attended fueling facility, there shall be at least one attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe, and control the actual dispensing of fuel.

b. For fueling facilities that are not attended as specified in s. ATCP 93.605(5) (a), signage shall be posted in accordance with the location and information requirements in subd. 2. a.
c. For facilities which are not addressed in subd. 2. a. or b. and which typically are unmanned, such as emergency generators, signage shall be posted in accordance with the location and information requirements in subd. 2. a.
(3) CLASS C OPERATORS. Responsibilities of a Class C operator include all of the following:
(a) Initially responding to alarms, spills, leaks, or releases.
(b) Notifying the Class B or Class A operator and appropriate emergency responders, including 911 personnel, when necessary.
(c) Controlling or monitoring the dispensing or sale of regulated substances.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 93.830

CR 09-017: cr. Register July 2009 No. 643, eff. 8-1-09; correction in (2) (f) 2. a., b. made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; corrections in (2) (f) 2. a., b. made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.
Amended by, CR 16-012: am. (2) (a), (b) Register August 2016 No. 728, eff. 9/1/2016
Adopted by, CR 17-092: cr. Register October 2019 No. 766, eff. 11/1/2019