reglab/statecodes huggingface dataset:
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 VI - Dispensing of Motor Fuels › Section ATCP 93.650 - Aircraft fuel dispensing

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENTS. Fueling operations for aircraft shall follow the requirements in
				  s.
				  ATCP
				  93.610(3) or 93.615, NFPA 407, NFPA
				  418, and this section.
(2)
				  SETBACKS.
(a) Aboveground tanks used for
				  public access fueling shall be at least 30 feet from the point of fuel transfer
				  into the aircraft.
(b) Aboveground
				  tank setbacks from buildings, public ways, and property lines shall follow the
				  requirements in Table 93.615-B.
(c)
1. The point of fuel transfer into the
				  aircraft, from any tank or truck supply source, shall be at least 100 feet from
				  public traffic or assembly areas at public events, unless a reduced distance is
				  authorized by the fire chief.
2.
				  The public events referred to in subd. 1. do not include passenger terminals,
				  fixed base operators, or persons entering or exiting the aircraft.
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 VI - Dispensing of Motor Fuels › Section ATCP 93.660 - Racetrack and amusement vehicle fueling operations

Current through June 24, 2024
(1) Racing vehicles
				  and amusement ride vehicles with integral internal combustion engines shall
				  follow the requirements of this section.
(2) The fuel tanks of racing vehicles shall be filled from safety
				  cans or a fixed fueling system complying with s.
				  ATCP
				  93.615.
(3) During a race in which the vehicle is competing, the vehicle
				  may be refueled with the engine running, if the racetrack is equipped with
				  onsite fire protection that is capable of responding adequately to fires
				  ignited during the fueling.
(4)
				  Fueling areas shall be posted with signs that read as follows:
"NO SMOKING OR OPEN FLAMES"
(5) A portable fire extinguisher with a
				  minimum 40-B:C rating shall be provided at each fueling area, including pit
				  stalls, pit work areas, and garages.
(6) Fueling areas that use methanol shall
				  provide a minimum of 10 gallons of water at each fueling area, including pit
				  stalls, pit work areas, and garages, for the purpose of diluting a methanol
				  fire.
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 VI - Dispensing of Motor Fuels › Section ATCP 93.680 - Alternative motor fuels

Current through June 24, 2024
(1) APPLICATION.
(a) All storage or dispensing systems for
				  fuel consisting of more than 10 percent ethanol by volume shall comply with
				  subs. (2) to (4) and DOE/GO-102016-4854.
(b) All storage or dispensing systems for
				  fuel consisting of more than 5 percent biodiesel by volume shall comply with
				  subs. (5) to (7) and DOE/GO 102016-4875.
Note:
The department and the EPA consider the
					 following parts of a UST system to be critical for demonstrating equipment
					 compatibility under this section:
1.
				  Tank or internal tank lining.
2.
				  Piping.
3. Line leak
				  detector.
4. Flexible
				  connectors.
5. Drop tube. 6. Spill
				  and overfill prevention equipment.
7. Submersible turbine pump and components.
8. Sealants (including pipe dope and thread
				  sealant), fittings, gaskets, o-rings, bushings, couplings, and boots.
9. Containment sumps (including submersible
				  turbine sumps and under dispenser containment).
10. Leak and release detection floats,
				  sensors, and probes. 11. Fill and riser caps. 12. Product shear
				  valve.
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 VII - Financial Responsibility › Section ATCP 93.700 - Applicability

Current through June 24, 2024
(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.
(d) Tank
				  wagons.
(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.
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 VII - Financial Responsibility › Section ATCP 93.703 - Definitions

Current through June 24, 2024
In this subchapter:
(1) " Accidental release" means any release
				  of petroleum arising from operating a storage tank system that results in a
				  need for corrective action or compensation for bodily injury or property damage
				  neither expected nor intended by the tank owner or operator.
(2) " Affidavit of financial responsibility"
				  means a form, supplied by the department on which the owner and operator attest
				  to compliance with
				  40
				  CFR 280.111.
Note:
The affidavit of financial
					 responsibility is available from the Bureau of Weights and Measures, PO Box
					 8911, Madison, WI 53708-8911, or by telephone at (608) 224-4942, or from the
					 Bureau's Web site at
https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanksForms.aspx
.
Note:
The affidavit of financial
					 responsibility is required in addition to the certification showing the
					 specific type of financial responsibility. See s.
					 ATCP 93.745(2)
					 (j) for further information.
(3) " Aggregate" means an accident or a
				  continuous or repeated exposure to conditions that result in a release from a
				  storage tank system which might occur in one year.
Note:
This definition is intended to assist in
					 the understanding of these regulations and is not intended either to limit the
					 meaning of "aggregate" in a way that conflicts with standard insurance usage or
					 to prevent the use of other standard insurance terms in place of
					 "aggregate."
(4) " Bodily
				  injury" has the meaning given to this term by applicable Wisconsin statutes;
				  however, this term does not include those liabilities that, consistent with
				  standard insurance industry practices, are excluded from coverage in liability
				  insurance policies for bodily injury.
Note:
For further information about this term,
					 see ch. Ins 6, which interprets this term as it is used in s.
					 292.63(1) (ad),
					 Stats., for petroleum storage environmental cleanup.
(5) " Controlling interest" means direct
				  ownership of at least 50 percent of the voting stock of another
				  entity.
(6) " Financial reporting
				  year" means the latest consecutive 12-month period for which any of the
				  following reports are prepared:
(a) A 10-K
				  report submitted to the US securities and exchange commission.
(b) An annual report of tangible net worth
				  submitted to Dun and Bradstreet.
(c) An annual report submitted to the federal
				  energy information administration or rural utilities service.
Note:
"Financial reporting year" may thus
					 comprise a fiscal or a calendar year period.
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 VII - Financial Responsibility › Section ATCP 93.705 - Amount and scope of required financial responsibility

Current through June 24, 2024
(1) Owners or
				  operators of petroleum storage tank systems within the scope of this subchapter
				  shall demonstrate financial responsibility for taking corrective action and for
				  compensating third parties for bodily injury and property damage caused by
				  accidental releases arising from the operation of petroleum storage tank
				  systems within the scope of this subchapter in at least the following
				  per-occurrence amounts:
(a) For owners or
				  operators of petroleum underground storage tank systems that are located at
				  petroleum marketing facilities, or that throughput an average of more than
				  10,000 gallons of petroleum per month based on annual throughput for the
				  previous calendar year; $1 million.
(b) For all other owners or operators of
				  petroleum storage tank systems covered in s.
				  ATCP
				  93.700(1);
				  $500,000.
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 VII - Financial Responsibility › Section ATCP 93.707 - Allowable mechanisms and combinations of mechanisms

Current through June 24, 2024
(1) Subject to the
				  limitations of subs. (3) and (4), an owner or operator may use any one or
				  combination of the mechanisms listed in ss.
				  ATCP
				  93.710 to 93.735 to demonstrate financial
				  responsibility under this subchapter for one or more storage tank
				  systems.
(2) Subject to the
				  limitations of subs. (3) and (4), a local government owner or operator may use
				  any one or combination of the mechanisms listed in ss.
				  ATCP
				  93.727 to 93.735 to demonstrate financial
				  responsibility under this subchapter for one or more storage tank
				  systems.
(3) An owner or operator
				  may use a guarantee or surety bond to establish financial responsibility only
				  if "for value received" is included in the guarantee or surety bond
				  mechanisms.
(4) An owner or
				  operator may use self-insurance in combination with a guarantee only if, for
				  the purpose of meeting the requirements of the financial test under this
				  subchapter, the financial statements of the owner or operator are not
				  consolidated with the financial statements of the guarantor.
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 VII - Financial Responsibility › Section ATCP 93.710 - Financial test of self-insurance

Current through June 24, 2024
(1) To use the
				  financial test of self-insurance to meet the financial responsibility
				  requirements of s.
				  ATCP
				  93.705, an owner or operator, or guarantor, or both,
				  shall meet the criteria of either sub. (2) or (3) based on year-end financial
				  statements for the latest completed fiscal year.
(2)
(a) The
				  owner or operator, or guarantor, or both, shall have a tangible net worth of at
				  least 10 times each one of the following:
1.
				  The total of the applicable aggregate amount required by s.
				  ATCP
				  93.705, based on the number of storage tank systems
				  for which a financial test is used to demonstrate financial responsibility to
				  the department.
2. The sum of the
				  corrective action cost estimates, the current closure and post-closure care
				  cost estimates, and amount of liability coverage for which a financial test is
				  used to demonstrate financial responsibility to the department.
3. The sum of current plugging and
				  abandonment cost estimates for which a financial test is used to demonstrate
				  financial responsibility to the department.
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 VII - Financial Responsibility › Section ATCP 93.713 - Guarantee

Current through June 24, 2024
(1) To use a guarantee to meet the financial
				  responsibility requirements of s.
				  ATCP
				  93.705, an owner or operator shall obtain a guarantee
				  that conforms to the requirements of this section. The guarantor shall be a
				  firm that is engaged in a substantial business relationship with the owner or
				  operator and issues the guarantee as an act incident to that business
				  relationship or the guarantor shall be a firm that meets at least one of the
				  following requirements:
(a) The firm
				  possesses a controlling interest in the owner or operator.
(b) The firm possesses a controlling interest
				  in a firm described under par. (a).
(c) The firm is controlled through stock
				  ownership by a common parent firm that possesses a controlling interest in the
				  owner or operator.
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 VII - Financial Responsibility › Section ATCP 93.715 - Insurance and risk retention group coverage

Current through June 24, 2024
(1) To use
				  insurance and risk retention group coverage to meet the financial
				  responsibility requirements of s.
				  ATCP
				  93.705, an owner or operator shall obtain liability
				  insurance that conforms to the requirements of this section from a qualified
				  insurer or risk retention group. Such insurance may be in the form of a
				  separate insurance policy or an endorsement to a current insurance
				  policy.
(2) "Termination," as used
				  in the forms required under this section, means only those changes that would
				  result in a gap in coverage as where the insured has not obtained required
				  coverage or has obtained required coverage with a different retroactive date
				  than the retroactive date of the original policy.
(3) Each insurance policy shall be issued by
				  an insurer or a risk retention group that is licensed to transact the business
				  of insurance or eligible to provide insurance as an excess or surplus lines
				  insurer in one or more states.
(4)
				  Each insurance policy shall be amended by an endorsement worded as specified in
				  40 CFR
				  280.97(b) (1), or evidenced
				  by a certificate of insurance worded as specified in
				  40 CFR
				  280.97(b) (2), except for
				  the following:
(a) The instructions in
				  brackets in the endorsement or certificate shall be replaced by the relevant
				  information and the brackets deleted.
(b) If financial responsibility for
				  aboveground tanks within the scope of this subchapter is demonstrated using
				  this method, all of the following changes shall be made:
1. Reference in the endorsement or
				  certificate to underground tanks shall be amended to refer to aboveground
				  tanks.
2. Certification that
				  wording is identical to the wording required in
				  40 CFR
				  280.97(b) (1) or (2) shall
				  be deleted.
Note:
A link to 40 CFR 280 is available by
					 accessing the following Web site:
http://www.epa.gov/oust/fedlaws/cfr.htm
.
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 VII - Financial Responsibility › Section ATCP 93.717 - Surety bond

Current through June 24, 2024
(1) To use a surety bond to meet the
				  financial responsibility requirements of s.
				  ATCP
				  93.705, an owner or operator shall obtain a surety
				  bond that conforms to the requirements of this section. The surety company
				  issuing the bond shall be listed as an acceptable surety on federal bonds in
				  the latest Circular 570 of the U.S. department of the treasury.
(2) The surety bond shall be worded exactly
				  as found in
				  40
				  CFR 280.98(b), except for
				  the following:
(a) The instructions in
				  brackets in the surety bond shall be replaced by the relevant information and
				  the brackets deleted.
(b) If
				  financial responsibility for aboveground tanks within the scope of this
				  subchapter is demonstrated using this method, all of the following changes
				  shall be made:
1. Reference in the surety
				  bond to underground tanks shall be amended to refer to aboveground
				  tanks.
2. Certification that
				  wording is identical to the wording required in
				  40
				  CFR 280.98(b) shall be
				  deleted.
Note:
A link to 40 CFR 280 is available at the
					 following EPA Web site:
http://www.epa.gov/oust/fedlaws/cfr.htm
.
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 VII - Financial Responsibility › Section ATCP 93.720 - Letter of credit

Current through June 24, 2024
(1) To use a letter of credit to meet the
				  financial responsibility requirements of s.
				  ATCP
				  93.705, an owner or operator shall obtain an
				  irrevocable standby letter of credit that conforms to the requirements of this
				  section. The issuing institution shall be authorized to issue letters of credit
				  in each state where the letters are used and the institution's letter of credit
				  operations shall be regulated and examined by a federal or state
				  agency.
(2) The letter of credit
				  shall be worded exactly as found in
				  40 CFR
				  280.99(b), except for the
				  following:
(a) The instructions in brackets
				  in the letter shall be replaced by the relevant information and the brackets
				  deleted.
(b) If financial
				  responsibility for aboveground tanks within the scope of this subchapter is
				  demonstrated using this method, all of the following changes shall be made:
1. Reference in the letter to underground
				  tanks shall be amended to refer to aboveground tanks.
2. Certification that wording is identical to
				  the wording required in
				  40 CFR
				  280.99(b) shall be deleted.
Note:
A link to 40 CFR 280 is available at the
					 following EPA Web site:
http://www.epa.gov/oust/fedlaws/cfr.htm
.
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 VII - Financial Responsibility › Section ATCP 93.723 - Trust fund

Current through June 24, 2024
(1) To use a trust fund to meet the financial
				  responsibility requirements of s.
				  ATCP
				  93.705, an owner or operator shall establish a trust
				  fund that conforms to the requirements of this section. The trustee shall be an
				  entity that has the authority to act as a trustee and whose trust operations
				  are regulated and examined by a federal agency or an agency of the state in
				  which the fund is established.
(2)
				  The wording of the trust agreement shall be identical to the wording specified
				  in
				  40 CFR 280.103(b)
				  (1), except for the following:
(a) The instructions in brackets in the
				  agreement shall be replaced by the relevant information and the brackets
				  deleted.
(b) If financial
				  responsibility for aboveground tanks within the scope of this subchapter is
				  demonstrated using this method, all of the following changes shall be made:
1. Reference in the agreement to underground
				  tanks shall be amended to refer to aboveground tanks.
2. Certification that wording is identical to
				  the wording required in
				  40 CFR 280.103(b)
				  (1) shall be deleted.
Note:
A link to 40 CFR 280 is available at the
					 following EPA Web site:
http://www.epa.gov/oust/fedlaws/cfr.htm
.
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 VII - Financial Responsibility › Section ATCP 93.725 - Standby trust fund

Current through June 24, 2024
(1)
(a) An
				  owner or operator using any one of the mechanisms authorized by s.
				  ATCP 93.713, 93.717, or
				  93.720 shall establish a standby trust fund when the mechanism is
				  acquired.
(b) The trustee of the
				  standby trust fund shall be an entity that has the authority to act as a
				  trustee and whose trust operations are regulated and examined by a federal
				  agency or an agency of the state in which the fund is established.
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 VII - Financial Responsibility › Section ATCP 93.727 - Local government bond rating test

Current through June 24, 2024
(1)
(a) To use the bond rating test to meet the
				  financial responsibility requirements of s.
				  ATCP
				  93.705, a general purpose local government owner or
				  operator or local government serving as a guarantor shall have a currently
				  outstanding issue or issues of general obligation bonds of $1 million or more,
				  excluding refunded obligations, with a Moody's rating of Aaa, Aa, A, or Baa, or
				  a Standard & Poor's rating of AAA, AA, A, or BBB.
(b) Where a local government has multiple
				  outstanding issues, or where a local government's bonds are rated by both
				  Moody's and Standard and Poor's, the lowest rating shall be used to determine
				  eligibility.
(c) Bonds that are
				  backed by credit enhancement other than municipal bond insurance may not be
				  considered in determining the amount of applicable bonds outstanding.
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 VII - Financial Responsibility › Section ATCP 93.733 - Local government guarantee

Current through June 24, 2024
(1) To use a
				  guarantee to meet the financial responsibility requirements of s.
				  ATCP
				  93.705, a local government owner or operator shall
				  obtain a guarantee that conforms to the requirements of this section. The
				  guarantor shall be either the state in which the local government owner or
				  operator is located or a local government having a substantial governmental
				  relationship with the owner and operator and issuing the guarantee as an act
				  incident to that relationship.
(2)
				  A local government acting as the guarantor shall do one of the following:
(a) Demonstrate that it meets the bond rating
				  test requirement of s.
				  ATCP
				  93.727 and deliver a copy of the chief financial
				  officer's letter as contained in s.
				  ATCP 93.727(4)
				  or (5) to the local government owner or
				  operator.
(b) Demonstrate that it
				  meets the worksheet test requirements of s.
				  ATCP
				  93.730 and deliver a copy of the chief financial
				  officer's letter as contained in s.
				  ATCP
				  93.730(4) to the local government
				  owner or operator.
(c) Demonstrate
				  that it meets the local government fund requirements of s.
				  ATCP
				  93.735(1) and deliver a copy of the
				  chief financial officer's letter as contained in s.
				  ATCP
				  93.735(2) to the local government
				  owner or operator.
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 VII - Financial Responsibility › Section ATCP 93.737 - Substitution of financial assurance mechanisms by owner or operator

Current through June 24, 2024
(1) An
				  owner or operator may substitute any alternate financial assurance mechanisms
				  as specified in this subchapter, provided that at all times an effective
				  financial assurance mechanism or combination of mechanisms is maintained which
				  satisfies the financial responsibility requirements of s.
				  ATCP
				  93.705.
(2) After obtaining alternate financial
				  assurance as specified in this subchapter, an owner or operator may cancel a
				  financial assurance mechanism by providing notice to the provider of financial
				  assurance.
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 VII - Financial Responsibility › Section ATCP 93.740 - Cancellation or nonrenewal by a provider of financial assurance

Current through June 24, 2024
(1)
(a) Except as otherwise provided, a provider
				  of financial assurance may cancel or fail to renew an assurance mechanism by
				  sending a notice of termination by certified mail to the owner or
				  operator.
(b) Termination of a
				  guarantee, a surety bond, or a letter of credit may not occur until 120 days
				  after the date on which the owner or operator receives the notice of
				  termination as evidenced by the return receipt.
(c)
1.
				  Termination of insurance or risk retention group coverage or state-funded
				  assurance, except for nonpayment or misrepresentation by the insured, may not
				  occur until 60 days after the date on which the owner or operator received
				  notice of termination as evidenced by the return receipt.
2. Termination for nonpayment of premium or
				  misrepresentation by the insured may not occur until a minimum of 10 days after
				  the date on which the owner or operator receives the notice of termination, as
				  evidenced by the return receipt.
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 VII - Financial Responsibility › Section ATCP 93.743 - Reporting by owner or operator

Current through June 24, 2024
(1) GENERAL. The
				  owner or operator of a petroleum storage tank subject to financial
				  responsibility requirements under the scope of this subchapter shall submit a
				  copy of the applicable forms listed in s.
				  ATCP
				  93.745(2) documenting current
				  evidence of financial responsibility to the department in accordance with this
				  section.
(2) TIMING.
(a)
Underground tanks.
Copies of the applicable forms listed in s.
				  ATCP
				  93.745(2) shall be submitted to the
				  department upon annual permit renewal as required in s.
				  ATCP 93.145, along
				  with all of the following:
1. The specific
				  location and designated regulated object number of tanks at each facility
				  covered by the respective mechanism of financial responsibility.
2. If insurance and risk retention under s.
				  ATCP
				  93.715 is used, the insurance underwriter certificate
				  of insurance, and schedule of covered locations and storage tanks as provided
				  by the insurer, reflecting pollution coverage in the amounts required under s.
				  ATCP
				  93.705.
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 VII - Financial Responsibility › Section ATCP 93.745 - Record keeping

Current through June 24, 2024
(1)
(a)
				  Owners or operators shall maintain evidence of all financial assurance
				  mechanisms used to demonstrate financial responsibility under this subchapter
				  until released from the requirements of this subchapter under s.
				  ATCP
				  93.750.
(b) An owner or operator shall maintain such
				  evidence at the storage tank site or the owner's or operator's place of
				  business.
(c) Records maintained
				  off-site shall be made available to the authorized agent or the department upon
				  request.
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 VII - Financial Responsibility › Section ATCP 93.747 - Drawing on financial assurance mechanisms

Current through June 24, 2024
(1)
(a) The department shall require the
				  guarantor, surety, or institution issuing a letter of credit to place the
				  amount of funds stipulated by the department, up to the limit of funds provided
				  by the financial assurance mechanism, into the standby trust if the conditions
				  under either par. (b) or (c) apply.
(b)
1. The
				  owner or operator fails to establish alternate financial assurance within 60
				  days after receiving notice of cancellation of the guarantee, surety bond,
				  letter of credit, or other financial assurance mechanism.
2. The department determines or suspects that
				  a release from a storage tank covered by the mechanism has occurred and so
				  notifies the owner or operator, or the owner or operator has notified the
				  department of natural resources pursuant to s.
				  ATCP
				  93.585 of a release from a storage tank covered by the
				  mechanism.
(c) The
				  conditions of sub. (2) (b) or (c) 1. or 2. are satisfied.
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 VII - Financial Responsibility › Section ATCP 93.750 - Release from the requirements

Current through June 24, 2024
An owner or operator is no longer required to maintain
					 financial responsibility under this subchapter for a storage tank after the
					 tank has been permanently closed or, if corrective action is required, after
					 corrective action has been completed and the tank has been permanently closed
					 in accordance with ss.
					 ATCP 93.560
					 to 93.585 for underground tanks and ss.
					 ATCP
					 93.460 to 93.470 for aboveground
					 tanks.
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 VII - Financial Responsibility › Section ATCP 93.753 - Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Current through June 24, 2024
(1) Within 10 days after commencement of a
				  proceeding under Title 11, U.S. Code, naming an owner or operator as debtor,
				  the owner or operator shall notify the department by certified mail of such
				  commencement and submit the appropriate forms listed in s.
				  ATCP 93.745(2)
				   documenting current financial
				  responsibility.
(2) Within 10 days
				  after commencement of a proceeding under Title 11, U.S. Code, naming a
				  guarantor providing financial assurance as debtor, such guarantor shall notify
				  the owner or operator by certified mail of such commencement as required under
				  the terms of the guarantee specified in s.
				  ATCP 93.713.
(2g) Within ten days after commencement of a
				  voluntary or involuntary proceeding under Title 11, U. S. Code, naming a local
				  government owner or operator as debtor, the local government owner or operator
				  shall notify the department by certified mail of such commencement and submit
				  the appropriate forms listed in s.
				  ATCP
				  93.745(2) documenting current
				  financial responsibility.
(2r)
				  Within ten days after commencement of a voluntary or involuntary proceeding
				  under Title 11, U.S. Code, naming a guarantor providing a local government
				  financial assurance as debtor, such guarantor shall notify the local government
				  owner or operator by certified mail of such commencement as required under the
				  terms of the guarantee specified in s.
				  ATCP
				  93.733.
(3)
(a) An
				  owner or operator who obtains financial assurance by a mechanism other than the
				  financial test of self-insurance shall be deemed to be without the required
				  financial assurance in the event of a bankruptcy or incapacity of its provider
				  of financial assurance, or a suspension or revocation of the authority of the
				  provider of financial assurance to issue a guarantee, insurance policy, risk
				  retention group coverage policy, surety bond, letter of credit, or
				  state-required mechanism.
(b) The
				  owner or operator shall obtain alternate financial assurance as specified in
				  this subchapter within 30 days after receiving notice of such an
				  event.
(c) If the owner or operator
				  does not obtain alternate coverage within 30 days after such notification, he
				  or she shall notify the department.
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 VII - Financial Responsibility › Section ATCP 93.755 - Replenishment of guarantees, letters of credit, or surety bonds

Current through June 24, 2024
(1) If at any
				  time after a standby trust is funded upon the instruction of the department
				  with funds drawn from a guarantee, letter of credit, or surety bond, and the
				  amount in the standby trust is reduced below the full amount of coverage
				  required, the owner or operator shall comply with one of the following by the
				  anniversary date of the financial mechanism from which the funds were drawn:
(a) The owner or operator shall replenish the
				  value of financial assurance to equal the full amount of coverage
				  required.
(b) The owner or operator
				  shall acquire another financial assurance mechanism for the amount by which
				  funds in the standby trust have been reduced.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.800 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to implement the
					 operator-training requirements issued by the U.S. environmental protection
					 agency in response to the federal Energy Policy Act of 2005.
The EPA operator-training requirements are available
						through the following Web site:
https://www.epa.gov/ust/operator-training-minimum-training-requirements-and-training-options
.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.805 - Scope

Current through June 24, 2024
This subchapter applies to all underground storage tank
					 systems that are required by s.
					 ATCP 93.145 to have
					 a permit to operate from the department.
This subchapter generally does not specify operation or
						maintenance requirements. For applicable operation or maintenance requirements,
						refer to previous sections of this chapter, such as s.
						ATCP
						93.605(1) (a), which requires fuel
						dispensing facilities to have periodic and annual inspections and maintenance
						in accordance with PEI RP500 and RP900.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.810 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Class A operator" means the individual
				  who has primary responsibility to operate and maintain the UST system in
				  accordance with applicable requirements. The Class A operator typically manages
				  resources and personnel, such as establishing work assignments to achieve and
				  maintain compliance with regulatory requirements.
Note:
In general, this individual focuses on
					 the broader aspects of the statutory and regulatory requirements and standards
					 necessary to properly operate and maintain an underground storage tank system,
					 such as the requirements in 40 CFR 280 and this chapter.
(2) "Class B operator" means the individual
				  who has day-to-day responsibility for implementing applicable regulatory
				  requirements. The Class B operator typically implements in-field aspects of
				  operation, maintenance, and record keeping for the UST system.
Note:
This individual generally focuses on
					 field implementation of applicable UST requirements and the day-to-day aspects
					 of operating, maintaining, and record keeping for USTs at one or more
					 facilities.
(3) "Class C
				  operator" means the individual responsible for initially addressing emergencies
				  presented by a spill or release from an UST system. The Class C operator
				  typically controls or monitors the dispensing or sale of regulated
				  substances.
This individual typically is the first line of response
						to alarms and to events indicating emergency conditions. Not all employees of
						the facility are necessarily Class C
						operators.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.820 - Designation of Class A, Class B, and Class C operators

Current through June 24, 2024
(1) Each new or
				  existing underground storage tank system or group of underground storage tank
				  systems at a facility shall have a Class A operator, a Class B operator, and a
				  Class C operator, as designated by the owner or operator and as accredited in
				  accordance with this subchapter.
Note:
This subchapter does not preclude any
					 individual from being designated to more than one of the operator classes,
					 provided the individual complies with the requirements for each designated
					 class.
Note:
This subchapter does not preclude any
					 individual from being a designated operator for more than one facility that
					 includes an underground storage tank system.
Note:
This subchapter does not preclude an
					 owner or operator from contracting with another party to provide Class A, Class
					 B, and Class C operators.
Note:
There may be occasions when a Class A,
					 Class B, or Class C operator will not be present at a facility. For example,
					 operators are frequently not present at unmanned facilities, such as emergency
					 generators at telecommunication towers and card lock/card access facilities.
					 However, these operators are still responsible for operation and maintenance
					 activities or responding to emergencies or alarms and are still subject to the
					 requirements of this subchapter.
(3) If the owner and operator of the tank
				  system are separate persons, either the owner or operator may designate the
				  Class A, Class B, and Class C operators at the facility, but both the owner and
				  the operator are under the same responsibility under this section to ensure
				  that Class A, Class B, and Class C operators are designated.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.830 - Responsibilities of Class A, Class B, and Class C operators

Current through June 24, 2024
(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.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.840 - Training elements for Class A operators

Current through June 24, 2024
Each Class A operator shall attend department-approved
					 training in all of the following:
(1)
				  Basic underground storage tank system requirements, so that the operator can
				  make informed decisions regarding compliance and ensure appropriate individuals
				  are fulfilling operation, maintenance, and record keeping requirements and
				  standards of this chapter regarding all of the following:
(a) Spill prevention.
(b) Overfill prevention.
(c) Leak and release detection.
(d) Corrosion protection.
(e) Emergency response.
(f) Product compatibility.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.841 - Training elements for Class B operators

Current through June 24, 2024
Each Class B operator shall attend department-approved
					 training in all of the following:
(1)
				  Compared with training for a Class A operator, training for a Class B operator
				  shall provide a more in-depth understanding of operation and maintenance
				  aspects but may cover a more narrow breadth of applicable regulatory
				  requirements. At a minimum, the department-approved training program shall
				  teach the Class B operator, as applicable, about the purposes, methods, and
				  function of:
(a) Components of underground
				  storage tank systems.
(b) Materials
				  of underground storage tank system components.
(c) Methods of leak and release detection,
				  and leak and release prevention applied to underground storage tank system
				  components.
(d) Operation and
				  maintenance requirements of this chapter which apply to underground storage
				  tank systems and which address each of the following:
1. Spill prevention.
2. Overfill prevention.
3. Leak and release detection.
4. Corrosion protection.
5. Emergency response.
6. Product compatibility.
7. Reporting and record keeping
				  requirements.
8. Class C operator
				  training requirements.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.842 - Training elements for Class C operators

Current through June 24, 2024
Each Class C operator shall be trained by a Class A or
					 Class B operator or complete department-approved training in all of the
					 following:
(1) Each Class C operator
				  shall be trained to take appropriate action in response to both of the
				  following:
(a) Emergencies, including
				  situations which pose an immediate danger or threat to the public or to the
				  environment and which require immediate action.
(b) Alarms caused by spills, leaks or
				  releases from an underground storage tank system.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.850 - Acceptable training and certification processes

Current through June 24, 2024
(1) Operator
				  training shall include evaluation and accreditation of the operator's knowledge
				  of the applicable requirements in ss.
				  ATCP
				  93.840 to 93.842. Thirty days after November 1, 2019:
(a)
Training.
1. Training must be approved in writing by
				  the department.
2. Requests for
				  training approval shall be submitted on a form, TR-WM-155, supplied by the
				  department.
3. Requests for
				  approval shall include sufficient information to determine if the training
				  complies with this subsection.
4.
				  The department shall review and make a determination on a request for approval
				  within 21 calendar days of receipt of the request and information necessary to
				  complete the review.
5. Training
				  approval shall expire 3 years after the date of approval.
6. Training approval may be renewed. Renewal
				  shall be in accordance with subds. 2. to 5.
7. The department may revoke the approval for
				  any false statements, misrepresentation of facts, or violation of the
				  conditions on which the approval was based.
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 VIII - Training for Operators of Underground Storage Tank Systems › Section ATCP 93.860 - Documentation deadlines

Current through June 24, 2024
(1) CLASS A, CLASS
				  B, AND CLASS C OPERATORS. All Class A, Class B, and Class C operators shall
				  obtain the documentation specified in s.
				  ATCP
				  93.850(1) (c) before assuming their
				  responsibilities under this subchapter, except as provided in sub.
				  (2).
(2) EXISTING, COMPLIANT
				  FACILITIES.
(a) An incoming Class A or Class
				  B operator for a facility that was complying with s.
				  ATCP
				  93.820 immediately before that personnel change may
				  obtain the documentation specified in s.
				  ATCP
				  93.850(1) (c) no later than 30 days
				  after assuming the responsibilities under this subchapter.
(b) An incoming Class A or Class B operator
				  for a facility that was complying with s.
				  ATCP
				  93.820 immediately before that personnel change shall
				  notify the department of the Class A or Class B operator change within 15 days
				  of completion of the training program.