Section 93.140. Tank registration.

 

(1)   General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:

(a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:

1. Are farm tanks, or are located at and serve a construction project.

2. Are used to store heating oil or used oil, for consumptive use on the premises.

3. Are used to store Class IIIB liquids other than used oil.

4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.

(b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.

(c) Tank vehicles.

(d) Tank wagons, portable tanks and movable tanks, that are located on a property for less than 24 months.

(e) Tanks that are located at a US EPA superfund site.

(2)   Registration deadlines and responsible party.

(a) The owner of a newly-installed storage tank shall have the tank registered with the department in accordance with sub. (3) within 15 business days of completion of the installation.

(b) An owner of a registered tank who changes their name or mailing address, or an owner of a registered tank at a facility that undergoes a name change, shall have the change registered with the department on form TR-WM-137, TR-WM-118 or ERS-10861 E, as provided by the department, within 15 business days of the change.

(c) The owner of a registered tank system that undergoes any of the following changes or modifications shall have the change or modification registered with the department in accordance with sub. (3) (a) and (c) or (d) within 15 business days of completion of the change or modification:

1. Change in service, where the subsequent service is storing a regulated substance.

2. Addition of leak detection, spill or overfill control or corrosion protection for any part of the system; or upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.

3. Converting to point-of-sale fueling .

(d) The owner of a tank system that is undergoing any of the following changes shall have the change registered with the department in accordance with sub. (3) (a) within 15 business days of the change:

1. Conversion to being either temporarily out of service or back into service.

2. Disconnecting and discontinuing use of a stage II vapor-recovery system.

(e) The owner of land on which unregistered tanks are discovered, including any that are permanently closed, shall have the tanks registered with the department in accordance with sub. (3) (a) and (b) within 15 business days of discovery.

(3)   Registration procedure.

(a) General. A storage tank registration form, form TR-WM-137 or TR-WM-118, shall be completed, signed by the owner and submitted to the department, for each tank which stores regulated substances and which is not exempted in sub. (1) .

(b) Proof of financial responsibility. For a tank owner meeting any of the conditions in sub. (2) (a) and (e) , except for permanently closed tanks, proof of any required financial responsibility and an affidavit of financial responsibility, in accordance with subch. VII shall be submitted with the registration form.

(c) Tank installation checklist and tests.

1. Submittal of a registration form for a newly installed shop-built tank system, or for a registered shop-built tank system addressed in sub. (2) (c) , shall include the original of the tank installation inspection checklist, form TR-WM-120, or TR-WM-138, as completed by the certified tank system inspector under s. ATCP 93.115 (2) (b) 4. , except as specified in par. (d) .

2. Submittal of a registration form for a newly installed UST system shall include the results of the installation tests required in s. ATCP 93.500 (6) .

(d) Exceptions. In the following circumstances, the specified documents shall be submitted instead of form TR-WM-120 or TR-WM- 138:

1. `Newly installed aboveground tanks storing federally regulated hazardous substances.' Submittal of a registration form for an aboveground tank which stores federally regulated hazardous substances and which is put into service on or after February 1, 2009, shall include a statement from the qualified engineer responsible for designing and overseeing the construction of the tank system. The statement shall include the name, business address and signature of the qualified engineer and a summary list of design standards used.

2. `Conversion to point-of-sale fueling.' Where conversion to point-of-sale fueling is the only change at a facility, submittal of the registration form shall include the POS fueling installation form (TR-WM-130) completed under s. ATCP 93.100 (3) (a) 5. b.

3. `Upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer.' Where upgrade, exchange or conversion of installed leak detection methodology to another approved methodology or manufacturer is the only change at a facility, submittal of the registration form shall include the leak detection installation form (TR-WM-132) completed under s. ATCP 93.100 (3) (a) 5. c.

4. `Conversion to storage and dispensing of alternative motor fuels.' Where conversion to storage and dispensing of alternative motor fuels is the only change at a facility, submittal of the registration form shall include Part II of form TR-WM-132, as completed by the tank owner under s. ATCP 93.100 (3) (a) 5. d.

CR 07-029 : cr. Register November 2008 No. 635 , eff. 2-1-09; corrections in (3) (d) 2. to 4. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; correction in (3) (c) 1., 2., (d) 2., 3., 4. made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (3) (c) 1., 2., (d) 2. to 4. made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 ; CR 16-012 : am. (2) (b), (3) (a), (c) 1., (d) (intro.), 2., 3., 4. Register August 2016 No. 728 , eff. 9-1-16.

Note

There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered. Microsoft Windows NT 6.1.7601 Service Pack 1 The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4 , Table 302.4. Microsoft Windows NT 6.1.7601 Service Pack 1 Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because section ATCP 93.020 (6) (o) excludes those tanks from this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Per Wisconsin Statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration. Microsoft Windows NT 6.1.7601 Service Pack 1 See section ATCP 93.150 for the deadline and other procedures for notifying the Department of a change in ownership for a registered storage tank. Microsoft Windows NT 6.1.7601 Service Pack 1 Form TR-WM-137— Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, form TR-WM-118– Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form ERS-10861 E — Change of Ownership, Flammable/Combustible/Hazardous Liquid Storage Tank Registration are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone] or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1 See section ATCP 93.400 (6) (c) for registration requirements that apply when an AST is relocated to a property with a different street address. Microsoft Windows NT 6.1.7601 Service Pack 1 See section ATCP 93.450 or 93.550 (1) (e) for registration requirements that apply when an AST or UST, respectively, is changed from storing a regulated substance to storing a non-regulated substance. Microsoft Windows NT 6.1.7601 Service Pack 1 See section ATCP 93.460 (4) or 93.560 (2) (d) for registration requirements that apply during permanent closure or removal of an AST or UST system, respectively. Microsoft Windows NT 6.1.7601 Service Pack 1 See section ATCP 93.530 (2) (f) for registration requirements that apply when a UST lining is installed. Microsoft Windows NT 6.1.7601 Service Pack 1 Form TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-118 — Aboveground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone [phone], or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1 See section ATCP 93.700 (1) for the types of tanks that must have financial responsibility. See section ATCP 93.745 (2) (j) for requirements for an affidavit of financial responsibility. Microsoft Windows NT 6.1.7601 Service Pack 1 The list of federally regulated hazardous substances referred to in this subdivision, also known as the CERCLA List, is located in 40 CFR 302.4 , Table 302.4. Microsoft Windows NT 6.1.7601 Service Pack 1