Section 93.630. Fuel dispensing at farms and construction projects.

 

(1)   General.

(a) Aboveground tanks. Aboveground storage tank systems for fueling operations at a farm premises or construction project shall comply with the requirements of NFPA 30A chapter 13 and this section.

(b) Limitations on location and type of use. The tanks may not be used for fueling vehicles unless the vehicles are dedicated to the operation of the farm premises or construction project.

(c) Specifications for tanks.

1. The tanks shall be constructed in accordance with NFPA 30A chapter 13 and this section.

2. Nozzles may not have a latch-open device.

3. There is no minimum required setback between the tank and the dispenser.

(d) Operations involving tanks. Operations shall be in accordance with NFPA 30A chapter 13.

(e) Security. The tank system shall be equipped so either the hose, hanger or outlet valve can be locked to prevent tampering.

(2)   Modifications to setbacks in nfpa 30a section 13.2.3.6.

(a) Farming operations . For farming operations using a tank without secondary containment, the tank and the fueling operation shall be placed outside of a building and at least 40 feet from the near side of a public way and from a building or structure used for any of the following purposes:

1. Human occupancy.

2. Housing of any livestock.

3. Storage or repair of any motor-driven vehicle or machine.

4. Storage of chemicals, pesticides or other fuels.

5. Storage of hay or similar crops susceptible to spontaneous combustion , if stored in a combustible building or structure.

(b) Other operations. For all operations within the scope of this section using a tank without secondary containment, other than farming, the tank and the fueling operation shall be placed outside and at least 40 feet from the near side of a public way and from any important building or structure.

(c) Operations using secondary containment tanks. All operations within the scope of this section using a tank with secondary containment shall follow the setback requirements in Table 93.630.

(3)   Tanks of less than 1,100 gallons.

(a) Aboveground tanks that have a capacity of less than 1,100 gallons shall comply with this subsection before use.

(b) Installation shall be by a certified installer.

(c) The certified installer shall fill out a tank installation notification, form TR-WM-124, and provide the form to the authorized agent or the department for inspection of the tank system.

(d) Before a tank may be filled or used, the tank system shall be inspected or authorized for use by the authorized agent or the department, except as allowed otherwise by par. (g) .

(e) The owner shall remit the inspection fee under ch. SPS 302 to the authorized agent or the department before filling or using the tank.

(f) The tank shall be inspected within 5 business days after notification for a standard inspection and within 2 business days after notification for a priority inspection, except as provided in par. (g) .

(g) The tank may be filled and used if the inspection has not been completed within the time limits after notification specified in par. (f) .

(h) Tanks that are filled via hand-held nozzles shall be constantly attended during product delivery and shall be provided with a vent whistle or with other overfill prevention equipment that provides a visual signal at 90 percent of the tank's capacity.

(i)

1. Tanks shall be mounted on noncombustible supports that are adequate to provide stability.

2. The base of the tank supports shall be at the same grade level as the vehicles when positioned for fueling.

3. The bottom of the tank, irrespective of any supports, shall be elevated at least 6 inches above the surrounding grade.

(4)   Tanks of 1,100 gallons or more, or located less than 40 feet from buildings. Aboveground tanks which have a capacity of 1,100 gallons or more, or which are located less than 40 feet from either the buildings and structures listed in sub. (2) (a) , or important buildings or structures, shall comply with all of the following:

(a) Tank listing . The tank shall be listed and labeled for aboveground use.

(b) System design and location . The tank system shall comply with the specifications for dispensing facilities in s. ATCP 93.615 (5) , with the following exceptions:

1. The tank system and the fueling operation shall be located in accordance with Table 93.630.

2. Vehicle collision protection may be omitted where a dike meeting the requirements of this chapter is provided for secondary containment. - See PDF for table

(c) Administrative requirements.

1. The tank system shall be installed in accordance with the manufacturer's instructions, the applicable national standards adopted in s. ATCP 93.200 , plans and specifications approved under s. ATCP 93.100 and this chapter.

2. The tank system installation shall be performed or supervised by a certified installer.

3. The tank system shall be inspected in accordance with s. ATCP 93.115 (2) .

4. The tank shall be registered in accordance with s. ATCP 93.140 .

CR 07-029 : cr. Register November 2008 No. 635 , eff. 2-1-09; correction in (2) (c), (3) (e), (4) (b) (intro.), 1., (c) 1., 3., 4. made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (2) (c), (4) (b) (intro.), 1., (c) 1., 3., 4. made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 ; CR 16-012 : am. (3) (c), Table 93.630 (title) Register August 2016 No. 728 , eff. 9-1-16.

Note

Form TR-WM-124— Farm & Construction AST Installation Notification 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