Section 93.560. Tank system closure.

 

(1)   Notification. At least 5 business days before beginning permanent closure of a tank system, the owner or operator shall notify the authorized agent or the department of the intended closure, on form TR-WM-121, except a shorter notification period is permitted where unexpected closure is commenced upon finding adverse conditions during a corrective action conducted under s. ATCP 93.585 .

(2)   Closure procedures.

(a) To permanently close an underground tank system, the owner or operator shall have the tank and piping emptied and cleaned, by removing all liquids and accumulated sludge, and shall remove the tank and piping from the site unless allowed otherwise under par. (e) . Tanks that are removed shall be scrapped unless reused in accordance with s. ATCP 93.350 (3) (i) or 93.500 (3) (c) .

(b) Tank cleaning processes shall comply with the appropriate national standard referenced in s. ATCP 93.200 .

(c) Individuals cleaning tanks or removing tanks or portions of tank systems shall be certified in accordance with ss. SPS 305.82 to 305.89 .

(d) When an underground tank is closed, or when a previously closed tank is removed under sub. (4) , the owner shall have a revised tank registration, form TR-WM-137, and part A of the department's tank-system service and closure assessment report, form TR-WM-140, completed and submitted to the department within 21 business days of closure or removal.

(e) Underground tanks systems may be closed in-place by filling with an inert, solid material, after emptying and cleaning, if the authorized agent or the department determines, upon written request from the owner or operator, that one or more of the following conditions exist:

1. Excavation would impact the structural integrity of an adjacent building or structure.

2. Overhead utilities at a commercial site pose a safety hazard.

3. Excavation would impact adjacent transformers or substations.

4. Unauthorized encroachment would occur onto neighboring property under different ownership.

5. The tank location is inaccessible to necessary equipment.

6. Excavation would result in the destruction of mature trees.

7. Excavation would encroach upon a public way.

8. Excavation would necessitate the disconnection or relocation of underground utilities.

(3)   Tank-system site assessment. A tank-system site assessment shall be performed in accordance with ss. ATCP 93.575 to 93.585 after notifying the authorized agent or the department but before installing a new system or backfilling the tank basin and the piping trenches.

(4)   Applicability to previously closed systems.

(a) General . When directed by the department, the owner or operator of any tank system closed in-place before December 22, 1988, shall have the system removed in accordance with this section and have the tank basin assessed in conformance with s. ATCP 93.580 .

(b) Systems previously closed without solid, inert fill. The owner or operator of any tank system that was closed before October 1, 1971, without removing the tank from the site but by filling the tank with water, shall bring the closed system into compliance with sub. (2) within a time period established by the department on a case-by-case basis, except that the tank-system site assessment in s. ATCP 93.580 is not required unless there is a suspected or obvious release. Written documentation shall be provided to prove closure with water before September 1, 1971.

(c) Other tanks. Empty or improperly closed or abandoned tanks that do not meet the requirements of sub. (2) or the exemption under par. (b) shall be permanently closed in accordance with all of the provisions of this section.

(5)   Abandoned tanks. Tanks that are abandoned with or without product shall be permanently closed within 60 days of being abandoned or discovered.

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

Note

Form TR-WM-121– ATCP 93 Notification Record is 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 Form TR-WM-137— Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140– Tank System Service and Closure Assessment Report 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 Closing a tank in-place does not exempt the tank from tank-system site assessment requirements. Microsoft Windows NT 6.1.7601 Service Pack 1 The Department and the Department of Natural Resources share jurisdiction over tank closures and tank-system site assessments. The DNR must be notified if a release is discovered. Microsoft Windows NT 6.1.7601 Service Pack 1 Before September 1, 1971, chapter Ind 8 — Flammable and Combustible Liquids Code allowed UST systems to be filled with water when closed or abandoned in-place. Microsoft Windows NT 6.1.7601 Service Pack 1