Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 93 - Flammable, Combustible, And Hazardous Liquids › Subchapter II - Adopted Standards and General Requirements › Section ATCP 93.260 - Setbacks from already-installed potable water supply sources

Current through June 24, 2024
(1)
(a) Tank systems and their dispensing systems
				  shall comply with the setback requirements in Table 93.260, except as specified
				  in pars. (b) and (c).
(b) These
				  setbacks do not apply where piping or dispensers are being replaced without
				  replacing the tank.
(c) These
				  setbacks do not apply where shorter setbacks are specified by the department of
				  natural resources.
Note:
The department of natural resources
					 administers separating distances for proposed public community water supply
					 wells regulated under ch. NR 811, and those distances may differ from the
					 distances in Table 93.260. See footnote 4 under Table 93.260 for DNR
					 requirements about separating distances for proposed and already-installed
					 private water supply wells regulated under ch. NR 812.
Note:
Longer setback distances may be imposed
					 through local wellhead-protection requirements.
Table 93.260
Setbacks from Already-Installed Potable Water Supply
					 Sources
Tank
								  Type
1
Minimum Distance to a Water Supply Well
								  Regulated under Chapter
								  NR 811 (feet)
2
Minimum Distance to a Water Supply Well
								  Regulated under Chapter
								  NR 812 (feet)
3,4
Farm UST or AST system with single wall
1200
100
Farm UST system with double wall and with
								  electronic interstitial monitoring for the system
6005
505
Farm AST system with double wall, or with other
								  secondary containment that is under a canopy
6006
506
One- or two-family residential heating oil UST or
								  AST system
200
25
Emergency or standby power system AST with double
								  wall and with continuous electronic interstitial monitoring for the tank
107
107
Other UST or AST system with single wall or an
								  AST system with double wall and visual monitoring
1200
100
Other UST system with double wall and with
								  electronic interstitial monitoring for the system
6005
505
Other AST system with double wall, or with other
								  secondary containment that is under a canopy; and with electronic interstitial
								  monitoring for double wall, or electronic sensor for other secondary
								  containment
6006
506
1 Any reference in this column
					 to a UST or AST "system" means both the tank and any product piping connected
					 to it have the subsequently specified features.
2 The setback in this column is
					 at least 1200 feet if any associated fueling area is not on a concrete surface,
					 and any associated AST is not on a concrete surface, except this requirement
					 does not apply to the setback for a one- or two-family residential heating oil
					 AST.
3 The setback in this column is
					 at least 100 feet if any associated fueling area is not on a concrete surface,
					 and any associated AST is not on a concrete surface, except this requirement
					 does not apply to the setback for a one- or two-family residential heating oil
					 AST.
4 Any setback in this column
					 that is less than 100 feet, other than the 25-foot setback for one- and
					 two-family residences, may be utilized only after obtaining a variance or other
					 approval from the department of natural resources, except a variance or other
					 approval is not required for an AST that has a capacity of 1500 gallons or
					 less.
5 This distance may be reduced
					 by 50 percent if all of the following features are provided and maintained in
					 addition to the features in the tank-type column: tank system construction of
					 corrosion-resistant material, such as fiber-reinforced plastic, or steel with a
					 fiber-reinforced plastic wrap or jacket; non-discriminating sump sensors;
					 testable secondary containment spill bucket; continuous electronic pressure,
					 vacuum, or liquid-filled interstitial monitoring with automatic system
					 shut-down; audible and visual high-level alarm at 90 percent full, and
					 automatic shut-off at 95 percent; all fueling area protected by canopy; and
					 downspouts for drainage of rainwater do not discharge into a fueling
					 area.
6 This distance may be reduced
					 by 50 percent if all of the following features are provided and maintained in
					 addition to the features in the tank-type column: either continuous
					 non-discriminating electronic interstitial monitoring for double wall, or
					 continuous non-discriminating electronic sensor for other secondary
					 containment; audible and visual high-level alarm at 90 percent full, and either
					 automatic shutoff at 95 percent or no latch-open device is used with any
					 manual-shutoff nozzle; all dispensing by suction pump fuel transfer; all motor
					 vehicle fueling limited to private or fleet use; all fueling area protected by
					 canopy; and downspouts for drainage of rainwater do not discharge into a
					 fueling area.
7 This reduced setback is only
					 permitted for emergency or standby power systems that are operated by the same
					 facility which operates the well, and only if all of the following features are
					 provided and maintained in addition to the features in the tank-type column:
					 audible and visual high-level alarm at 90 percent full, and either automatic
					 shutoff at 95 percent or no latch-open device is used with any manual-shutoff
					 nozzle. This setback may be reduced further where approved in writing by the
					 department, upon submittal of an explanation of why reducing the setback is
					 needed, along with demonstration that additional features will be included
					 which will provide adequate protection for the well.
Note:
Aboveground storage tanks include tanks
					 that are inside a building and have a liquid capacity of 110 gallons or more,
					 are intended for fixed installation, and are not solely used for
					 processing.