Section 93.700. Applicability.

 

(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. Financial responsibility requirements for tank wagons shall begin 1 year after February 1, 2009.

(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.

(2)  This subchapter does not apply to owners and operators of the following storage tank systems:

(a) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States.

(b) Farm and residential underground storage tanks which have a capacity of less than 1,100 gallons and which are used for storing motor fuel for noncommercial purposes.

(c) Storage tanks used for storing heating oil for consumptive use on the premises.

(d) Any portion of an airport hydrant fuel distribution system except for the underground storage tanks included in those systems.

(e) Any tank in sub. (1) (a) that is permanently closed, or registered as temporarily-out-of-service, with an environmental assessment which demonstrates the absence of a release of product from the tank.

(3)  If the owner and operator of a petroleum storage tank are separate persons, only 1 person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.

CR 07-029 : cr. Register November 2008 No. 635 , eff. 2-1-09; correction in (1) (e) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; correction in (1) (e) made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 .