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 › Section ATCP 93.050 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Aboveground storage tank" or "AST" means
				any vessel that has a liquid capacity of 110 gallons or more, is intended for
				fixed installation, is not solely used for processing and does not meet the
				definition of an underground storage tank.
(2) "Accessible to the public" means any
				whole or part of property that, due to its location and commercial or public
				purpose, the public or a section of the public has or may reasonably be
				expected to have access.
(3)
				"Aircraft" has the meaning given in s.
				114.002(3),
				Stats.
Note:
Section
				  114.002(3),
				  Stats., reads as follows:
"Aircraft" means any contrivance invented, used or designed
				  for navigation of or flight in the air, but does not include
				  spacecraft.
(4) "Airport"
				means any area of land or water that is designed for the landing and takeoff of
				aircraft, regardless of whether buildings are provided for the shelter,
				servicing, or repair of aircraft or for receiving or discharging passengers or
				cargo, and all appurtenant areas used or suitable for aircraft, and all
				appurtenant rights of way, whether new or existing, which are either public,
				private, or federal.
(4m) "Airport
				hydrant system" means an underground storage tank system which fuels aircraft
				and operates under high pressure with large diameter piping that typically
				terminates into one or more hydrants (fill stands). The airport hydrant system
				begins where fuel enters one or more tanks from an external source such as a
				pipeline, barge, rail car, or other motor fuel carrier.
(5) "Alteration" means any modification to an
				installed tank system that involves cutting, drilling or welding on the tank
				shell or associated piping.
(6)
				"Ancillary equipment" means any device, including such devices as piping,
				fittings, flanges, valves, and pumps, that is used to distribute, meter, or
				control the flow of regulated substances to and from a storage tank.
(7) "Annual" means a period of time less than
				or equal to 365 calendar days.
(8)
				" Approved" means acceptable to the department.
(9) "ATV" or "all-terrain vehicle" means a
				self-propelled motor-driven vehicle with wheels or tracks, used to transport
				people on land, snow, ice or water for purposes of sport or recreation and
				which cannot be licensed through the department of transportation for highway
				use.
(9m) "Authority having
				jurisdiction" means the department or an authorized agent responsible for
				approving equipment, installations or procedures.
(10) "Authorized agent" means either a local
				program operator or a 1st class city or the authorized representatives of a 1st
				class city.
Note:
See sub. (66) for a definition of local
				  program operator. As of November 1, 2019, only the City of Milwaukee is a 1st
				  class city.
(11) "Automatic
				leak detection" means a release or leak detection or monitoring system that
				will provide continuous 24 hour monitoring for the detection of a release or
				leak of vapor or product and immediately communicate the detection of the
				release or leak to an electronic signaling device.
(12) "Automatic line leak detection" means a
				method of leak detection which alerts the operator to the presence of a leak
				without any manual effort on the part of the operator, including a device or
				mechanism that signals the presence of a leak by restricting or shutting off
				the flow of a hazardous substance through piping, or by triggering an audible
				or visual alarm, and which detects leaks of 3 gallons per hour at 10 psi line
				pressure within one hour.
(14) "
				Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long
				chain fatty acids derived from vegetable oils or animal fats.
Note:
Under s.
				  168.14(2m) (b)
				  2, Stats., pure biodiesel fuel is generally
				  identified with the alphanumeric B100, and does not contain any petroleum
				  product, any additive, or other foreign material. A fuel that is a blend of
				  biodiesel and petroleum-based fuel generally has a volume percentage of the
				  biodiesel fuel to the petroleum-based fuel of at least 2 percent. B20 would
				  identify a blend as being 20 percent biodiesel and 80 percent petroleum-based
				  fuel, by volume.
(15) "Bulk
				plant" means that portion of a facility where flammable, combustible or
				hazardous liquids are stored or blended in bulk for the purpose of subsequently
				distributing such liquids beyond that portion of the facility. This term does
				not include a facility where such liquids are stored or blended only in
				intermediate bulk containers.
(16)
				"Business day" means any day Monday to Friday, excluding Wisconsin legal
				holidays.
(17) "CERCLA" means the
				federal Comprehensive Environmental Response, Compensation, and Liability Act
				of 1980, as amended.
(18)
				"Certified cathodic protection tester" means a person certified in accordance
				with this chapter who demonstrates an understanding of the principles and
				measurements of all common types of cathodic protection systems as applied to
				buried or submerged metal piping systems and metal tanks.
(19) "Certified corrosion expert" means a
				person certified in accordance with this chapter who is qualified to engage in
				the practice of corrosion control on buried or submerged metal piping systems
				and metal tanks by reason of thorough knowledge of the physical sciences and
				the principles of engineering and mathematics acquired by a professional
				education and related practical experience.
(21) "Certified installer" means either of
				the following:
(a) For aboveground tank
				systems, a person certified in accordance with this chapter to install and
				repair aboveground storage tank systems - and for underground tank systems, a
				person certified in accordance with this chapter to install and repair
				underground storage tank systems.
(b) A registered professional engineer who
				directly supervises an installation by being present during the activities
				specified in s.
				ATCP 93.240(16) and
				(17), and who is competent in the engineering
				methods and requirements in Wisconsin for designing and installing storage tank
				systems for flammable, combustible or hazardous liquids.