Section 93.050. Definitions.

  In this chapter:

(1)  "Aboveground storage tank" or "AST" means any vessel that has a liquid capacity of 110 gallons or more, is intended for fixed installation, is not solely used for processing, and does not meet the definition of an underground storage tank.

(2)  "Accessible to the public" means any whole or part of property that due to its location and commercial or public purpose, the public or a section of the public has or may reasonably be expected to have access to.

(3)  "Aircraft" has the meaning given in s. 114.002 (3) , Stats.

(4)  "Airport" means any area of land or water that is designed for the landing and take-off of aircraft, regardless of whether buildings are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for aircraft, and all appurtenant rights of way, whether new or existing, which are either public, private or federal.

(5)  "Alteration" means any modification to an installed tank system that involves cutting, drilling or welding on the tank shell or associated piping.

(6)  "Ancillary equipment" means any device, including such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of regulated substances to and from a storage tank.

(7)  "Annual" means a period of time less than or equal to 365 calendar days.

(8)  "Approved" means acceptable to the department.

(9)  "ATV" or "all-terrain vehicle" means a self-propelled motor-driven vehicle with wheels or tracks, used to transport people on land, snow, ice or water for purposes of sport or recreation and which cannot be licensed through the department of transportation for highway use.

(10)  "Authorized agent" means either a local program operator or a first class city, or their authorized representatives.

(11)  "Automatic leak detection" means a release or leak detection or monitoring system that will provide continuous 24 hour monitoring for the detection of a release or leak of vapor or product and immediately communicate the detection of the release or leak to an electronic signaling device.

(12)  "Automatic line leak detection" means a method of leak detection which alerts the operator to the presence of a leak without any manual effort on the part of the operator, including a device or mechanism that signals the presence of a leak by restricting or shutting off the flow of a hazardous substance through piping, or by triggering an audible or visual alarm, and which detects leaks of 3 gallons per hour at 10 psi line pressure within 1 hour.

(13)  "Authority having jurisdiction" means the department or an authorized agent or deputy responsible for approving equipment, installations or procedures.

(14)  "Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats.

(15)  "Bulk plant" means a facility where flammable or combustible liquids are stored or blended in bulk, prior to further distribution.

(16)  "Business day" means any day Monday to Friday, excluding Wisconsin legal holidays.

(17)  "CERCLA" means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(18)  "Certified cathodic protection tester" means a person certified in accordance with ch. SPS 305 who demonstrates an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping systems and metal tanks.

(19)  "Certified corrosion expert" means a person certified in accordance with ch. SPS 305 who is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience.

(20)  "Certified tank system inspector" means a person certified in accordance with ch. SPS 305 to inspect storage tank systems.

(21)  "Certified installer" means either of the following:

(a) For aboveground tank systems, a person certified in accordance with ch. SPS 305 to install and repair aboveground storage tank systems — and for underground tank systems, a person certified in accordance with ch. SPS 305 to install and repair underground storage tank systems.

(b) A registered professional engineer who directly supervises an installation by being present during the activities specified in s. SPS 305.84 (5) or 305.85 (5) , and who is competent in the engineering methods and requirements in Wisconsin for designing and installing storage tank systems for flammable, combustible or hazardous liquids, except the registration requirement does not apply where exempted under s. 443.14 , Stats.

(22)  "Certified remover-cleaner" means a person certified in accordance with ch. SPS 305 to remove storage tank systems and to remove accumulated sludge and remaining product from tanks that are to be closed, undergo a change in service, or otherwise be completely emptied and made inert.

(23)  "Certified tank system liner" means a person certified in accordance with ch. SPS 305 to install interior linings for storage tanks.

(24)  "Certified tank-system site assessor" means a person certified in accordance with ch. SPS 305 to conduct tank-system site assessments and to collect samples necessary for those assessments.

(25)  "Certified tank system tightness tester" means a person certified in accordance with ch. SPS 305 to perform precision tightness testing to determine the presence of leaks in storage tank systems.

(26)  "Change in service" means continued use of a storage tank system in another status; or continued use of a tank that previously stored a regulated substance, to store a non-regulated substance.

(27)  "Class I liquid" means a flammable liquid.

(28)  "Cleaned tank system" means a tank system that is free of all residue and vapors.

(29)  "Closure" means the procedure by which a tank system is evaluated and permanently rendered safe from contributing to human danger, fire, explosion, and environmental contamination.

(30)  "Combustible liquid" means a liquid having a flash point at or above 100 ° F.

(31)  "Connected piping" means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow.

(32)  "Construction project" means a site or project that is under development, renovation or demolition, and is temporary in nature and has restricted public access.

(33)  "Consumptive use" means consumed on the premises where the storage tank system is located.

(34)  "Continuous monitoring" means a leak detection method using equipment that routinely performs the required monitoring on a periodic or cyclic basis throughout each day.

(35)  "Contractor" means a person or firm undertaking to do work or supply goods or a service.

(36)  "Day" means any calendar day unless specifically stated otherwise in the rule.

(37)  "Department" means the department of agriculture, trade and consumer protection.

(38)  "Dispenser" means a device or configuration of components consisting of a motor or fluid control, and an area for storing a hose nozzle valve with or without a pump, that dispenses and measures the amount of product dispensed by means of a mechanical or electronic metering mechanism.

(39)  "Dispensing" means the transfer of fuel into a vehicle or portable container from a storage tank system.

(40)  "Dispensing area" means a zone around the dispenser that extends a distance of 20 feet horizontally from the dispenser body, exclusive of the length of the hose and nozzle.

(41)  "Dispensing system" or "product transfer system" includes the dispensers, nozzles, dispensing hoses, suction fuel pump, pipe and any necessary core components between the emergency shut-off valve and dispensing nozzle that allow the dispensing system to function as intended and in accordance with the installation requirements.

(42)  "Electronic monitoring" means an electrical device installed to monitor tanks or piping for leaks.

(43)  "Empty tank system" means a tank system from which all materials have been removed using commonly employed practices so that no more than 1 inch of residue remains in the system.

(44)  "Excavation zone" means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.

(45)  "Existing" means installed or in place since before February 1, 2009.

(46)  "Existing tank system" means a tank system used to contain an accumulation of regulated substances, or for which installation commenced, prior to February 1, 2009. Installation is considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the tank system site or installation of the tank system, and a continuous on-site physical construction or installation program has begun.

(47)  "Facility" means a plot of land developed or designated to serve a particular function.

(48)  "Farm premises" and "farming" have the meaning given in s. 102.04 (3) , Stats.

(49)  "Flammable liquid" means any liquid that has a flash point below 100 ° F.

(50)  "Flash point" means the minimum temperature at which a liquid will give off sufficient vapor to form an ignitable mixture with air near the surface of the liquid or within the test vessel.

(51)  "Free product" means any regulated substance that exists outside of a tank system, a dispenser system or a container for transporting the substance.

(51m)  "Hazardous liquid" means any liquid that is a federally regulated hazardous substance as defined in s. 168.21 , Stats.

(52)  "Hazardous substance storage tank system" means a storage tank system which contains a hazardous substance defined in section 101 (14) of CERCLA — but not including any substances regulated as hazardous wastes under subtitle C, or any mixture of such substances and petroleum products — and which is not a petroleum storage tank system.

(53)  "Heating device" means equipment, fueled by liquids regulated by this chapter, intended to create or generate heat for the purpose of providing direct heat or heating another media for space heating, food processing, commercial and industrial manufacturing, or energy generation.

(54)  "Heating fuel" or "heating oil" means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil; other residual fuel oils, including Navy Special Fuel Oil and Bunker C; and other fuels when used as substitutes for one of these, including used oil or used cooking oils when used in an oil burner to provide space heat or processing heat for consumptive use on the property.

(55)  "Housekeeping" means a facility management activity of keeping flammable, combustible and hazardous liquid storage organized and free of debris, vegetation, combustible goods and merchandise and non-essential combustible materials or products.

(56)  "Hydrant system" means an underground pipe system, typically at airports, that carries fuel to various locations. At each of these locations, an access way typically provides connection points, or hydrants, for connecting filtering, metering or pumping equipment used to transfer the fuel from the piping system to the craft powered by the fuel. A storage tank is not considered part of the hydrant system, and the hydrant system is not considered part of an aboveground or underground storage tank system.

(57)  "Important building" or "important building or structure" means a building or structure that is not considered by the owner, the authorized agent or the department to be expendable in an exposure fire.

(58)  "Impressed current system" means a method of corrosion protection that generates cathodic current from an external, direct-current power source.

(59)  "Intermediate bulk container or IBC" means a container that is manufactured and marked in accordance with 49 CFR 178 , is intended for the storage of regulated substances within warehouses and other storage areas with automatic wet-pipe sprinkler systems, and has a liquid capacity of 793 gallons or less.

(60)  "Interstitial monitoring" means a leak detection method that entails the surveillance of the space between a tank system's walls and the secondary containment system, for a change in steady-state conditions.

(61)  "Inventory controls" means techniques used to identify a loss of product that are based on volumetric measurements in the tank and reconciliation of those measurements with product delivery and withdrawal records.

(62)  "Leak" means any discharge of a regulated substance from a point in a tank system or dispensing system, that is not intended to be a discharge or dispensing point.

(63)  "Leak detection" means determining whether a discharge of regulated substance has occurred from a storage tank system into the environment or into the interstitial space between the storage tank system and its secondary barrier or secondary containment around it.

(64)  " Liquid" means any material that has both a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM D5 at standard conditions of temperature and pressure, and a vapor pressure of 40 pounds per square inch absolute (psia) or lower at 100oF as determined by ASTM D323 or D4953. For materials outside the scope of the ASTM D5 test, liquid means any material that both starts to melt at temperatures less than 100 ° F and has a vapor pressure of 40 psia or lower at 100 ° F.

(65)  "Listed and labeled" means equipment or materials to which has been attached a label or identifying mark by, and which is included in a list published by, an organization acceptable to the department that is concerned with product evaluation, that maintains periodic inspections of listed and labeled equipment or materials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance for a specified purpose.

(66)  "Local program operator" or "LPO" means an entity, either public or private, under contract with the department to enforce the provisions of this chapter and provide tank system plan review and inspection services in a specific region of the state.

(67)  "Lowest floor, story, cellar or basement" means the lowest space in which heavier-than-air vapors can accumulate.

(68)  "Maintenance" means the normal operational upkeep to prevent a storage tank system from releasing product, or to maintain the structural and operational condition of any portion of the system.

(69)  "Marine-craft tank vehicle" means any tank having a liquid capacity of 110 gallons or more, used for carrying flammable or combustible liquids and mounted permanently or otherwise upon a vessel or barge capable of water transportation. The tank is not solely for the purpose of supplying fuel for the propulsion of, or support of equipment on, the vessel upon which the tank is mounted.

(70)  "Mechanical monitoring" means a mechanical device not dependent upon electricity, installed to monitor tanks and piping for leaks.

(71)  "Monthly monitoring" means an approved electronic or non-electronic method of testing a tank or pipe for a leak at least monthly. The test must detect a 0.2 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05.

(72)  "Motor fuel" means flammable or combustible liquid that is used in the operation of an internal combustion engine.

(73)  "Motor vehicle" means a self-propelled motor-driven vehicle that is used for moving people or products on land, water or air.

(74)  "New" means installed or constructed on or after February 1, 2009.

(75)  "Non-discriminating" means not discriminating as to the type of liquid.

(76)  "Obvious release" means there is an indication of a release, and there is both environmental evidence, such as soil discoloration, observable free product, or odors — and a known source, such as a tank or piping with cracks, holes or rust plugs, or leaking joints.

(77)  "Oil-burning equipment" means an oil burner of any type, together with its tank, piping, wiring, controls and related devices, and including all oil burners, oil-fired units and heating and cooking appliances.

(78)  "Operational life" means the period beginning when installation of the tank system has commenced and extending to when the tank system is properly closed.

(79)  "Operator" means any person in control of, or having responsibility for, the daily operation of a storage tank system.

(80)  "Owner" means either of the following:

(a) In the case of an in-use storage tank system, any person who owns at least the tank storage portion of a storage tank system used for storage or dispensing of regulated substances, or the person owning the property on which the storage tank system is located.

(b) In the case of a storage tank system not in use, any person who owned at least the tank storage portion of the storage tank system immediately before the discontinuation of its use, or the person owning the property on which the storage tank system is located.

(81)  "Person" means an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body, and includes a consortium, joint venture, commercial entity, and the United States government.

(82)  "Petroleum" means crude oil, crude oil fractions, and refined petroleum fractions, including gasoline, kerosene, heating oils, and diesel fuels.

(83)  "Petroleum storage tank system" means a storage tank system that primarily contains petroleum products, such as motor fuels, jet fuels, fuel oils, lubricants, petroleum solvents, and used oil.

(84)  "Pier" means any structure, such as a dock, which extends into navigable waters from the shore, with water on both sides, and which is built or maintained for the purpose of servicing watercraft, providing a berth for watercraft, or for loading or unloading cargo or passengers onto or from watercraft. A pier may be an open-deck or solid-fill structure.

(85)  "Pipe" or "piping" means a pressure-tight cylinder used to convey, transfer or move a fluid, and is ordinarily designated "pipe" in applicable material specifications. Materials designated as tube or tubing in the specifications are considered pipe when intended for pressure service. This term includes pipe emanating from or feeding storage tanks, or transferring product to or from storage tanks.

(86)  "Pipe system" or "piping system" means the primary piping, secondary containment, leak detection devices, tubing, including suction line drop tube, flanges, bolts, gaskets, valves, fittings, flexible connectors, the pressure-containing parts of other components such as expansion joints and strainers, and devices that serve such purposes as mixing, separating, distributing, metering, or controlling flow, and any core components which allow the piping system to function as intended and in accordance with the installation requirements.

(87)  "Pipeline facilities," including gathering lines, means new and existing pipe rights-of-way and any equipment, facilities, or buildings.

(88)  "Place of employment" includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming.

(89)  "Point-of-sale," or "POS" means a marketing or dispensing practice that accommodates a cash, credit card, key, personal identification number or similar dispenser-authorized transfer of fuel into a motor vehicle without the direct oversight, supervision or intervention of an employee of the fueling facility.

(90)  "Precision tightness testing" or "precision tightness test" means a procedure for testing the ability of a tank system to prevent a release of a regulated substance, that is capable of detecting a 0.1 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05.

(91)  "Pressurized piping" means product piping that experiences product pressure above normal atmospheric pressure. Product pressure may be generated from a pump or static head of an aboveground storage tank.

(92)  "Pressurized system" or "remote pumping system" means a dispensing system where the pump is not located at, or is remote from, the dispenser.

(93)  "Product" means any regulated substance in a storage tank.

(94)  "Public access fueling" means the use of a facility by persons who are not employees of the facility to dispense fuel into vehicles, or to transfer fuel for resale into vehicles that are not owned or operated by the facility.

(95)  "Public building" means any structure, including exterior parts of the building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants.

(96)  "Public used-oil collection center" means any used-oil collection facility that allows an individual who is not an employee of the facility to transfer used oil from a portable container into a storage tank.

(97)  "Public way" means any public thoroughfare, sidewalk, dedicated alley, railroad, waterway or right-of-way. The point of measurement is from the engineered or natural borders of the vehicle or pedestrian traffic lanes.

(98)  "Readily accessible" means capable of being reached easily and quickly for operation, maintenance and inspection.

(99)  "Re-commission" means the process of returning a system, component or process to a code-complying, in-service condition.

(100)  "Recreational vehicle" means any self-propelled motor-driven vehicle that is used for moving people typically off-road, on land, snow, ice or water for sport or recreation, such as snowmobiles and all-terrain vehicles.

(101)  "Red-tag" means a red tag secured to a component of a storage or dispensing system, which gives notice that the system or the product stored is under enforcement action for failure to comply with the requirements of either this chapter or ch. ATCP 94 , and which prohibits operation of the system until the tag is removed by an inspector.

(102)  "Regulated substance" means any flammable or combustible liquid and any liquid that is a federally regulated hazardous substance as defined in s. 168.21 , Stats.

(103)  "Release" means any discharge, including spilling, leaking, pumping, pouring, emitting, emptying, leaching, dumping or disposal of a regulated substance into groundwater, surface water or subsurface soils.

(104)  "Release detection" means determining whether a discharge of regulated substance has occurred from a storage tank system into the environment or into the interstitial space between the storage tank system and its secondary barrier or secondary containment around it.

(105)  "Repair" means any work necessary to correct or restore a tank or related storage tank system component to a condition suitable for safe operation.

(106)  "Residential watercraft fueling facility" means that portion of a 1- or 2-family residential property where liquid fuels are stored in or dispensed for non-retail purposes from fixed equipment on land into the fuel tanks of self-propelled watercraft, including all facilities used for the storage, dispensing, and handling of flammable and combustible liquids.

(107)  "Sacrificial anode system" means a method of corrosion protection that generates cathodic current from the galvanic corrosion of an expendable anode which is more electrochemically active than the structure being protected.

(108)  "Secondary containment" means an approved barrier installed around a storage tank system that is designed to prevent a leak from the primary tank or piping from contacting the surrounding earth or the waters of the state before the leak can be detected and cleaned up.

(109)  "Significant noncompliance" means the existence of one or more of the following:

(a) A violation that causes, or may cause, a substantial, continuing risk to public health or the environment.

(b) A violation that substantially deviates from a requirement of this chapter.

(c) A violation that includes failure to install, maintain or operate equipment essential to preventing or detecting leaks.

(d) A violation that is observed to reoccur repeatedly as a result of intentional or unintentional administrative or operational oversight.

(110)  "Space heating" means heating of areas intended for occupancy or storage.

(111)  "Storm water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

(112)  "Structure" means an assembly of materials forming a construction for occupancy, storage, use, shelter or weather protection meeting the definition of place of employment or public building.

(113)  "Suspected release" means either of the following:

(a) There is indication that a tank system or dispensing system has leaked — such as inventory losses; observable free product or evidence of free product in secondary containment at dispensers, submersible pumps or spill buckets; petroleum odors; unexplained presence of water in a tank; or activation of a leak detection alarm system — but there is no observable environmental evidence of a release.

(b) There is observable environmental evidence of a release, such as soil discoloration or free product, but the source is unknown.

(114)  "Tank" means a device designed to contain an accumulation of regulated substance and constructed of non-earthen materials such as concrete, steel, fiberglass or plastic, and including the following types of tanks, which have the following meanings:

(a) "Abandoned tank" means an aboveground or underground tank with or without product, that is not recognized by this chapter as in-use, temporarily-out-of-service or closed.

(b) "Accumulator tank" or "accumulator reservoir" means a container, integral to the closed-loop mechanical system operation of equipment, that is used to provide product on demand or to store product which is displaced from the functioning equipment, such as an elevator or hydraulic lift.

(c) "Breakout tank" means a tank that is used to relieve surges in an oil pipeline system or to receive and store oil transported by a pipeline for reinjection and continued transportation by a pipeline. Tanks considered by this chapter to be breakout tanks do not have piping that transfers product directly to or from a loading rack.

(d) "Day tank" means an intermediate tank in a product transfer system between a storage tank and the end use of the product, usually a generator. The purpose of a day tank is to provide immediate product to the end source where the supply may otherwise be influenced by product temperature, viscosity or inadequate supply pressure.

(e) "Farm tank" means a tank that is constructed in accordance with NFPA 30A section 13.2 and installed on a farm premises.

(f) "Field-erected tank" means a tank that is built on the site from sections and components.

(g) "Gravity tank" means a supply tank from which the product is delivered directly by gravity.

(h) "Integral tank" means a vessel with a liquid capacity of less than 110 gallons, which supplies fuel to an engine and which is assembled and used with the engine as a single unit of equipment.

(i) "Movable tank" means an aboveground storage tank that meets all of the following:

1. Has a liquid capacity of 110 gallons or more, and is used for storing and dispensing liquid motor vehicle fuel.

2. Is supported on skids, wheels without axles, or similar means and is not mounted upon a tank vehicle or chassis capable of road travel.

3. Is designed and constructed in accordance with s. ATCP 93.250 .

4. Is not intended for permanent placement.

(j) "Multi-compartment tank" or "multi-chamber tank" means a vessel that contains 2 or more compartments created by the presence of an interior wall so that 2 or more substances can be stored at the same time within a single tank shell.

(k) "Portable tank" means an aboveground closed vessel that has a liquid capacity of 110 gallons or more; is not otherwise defined in this chapter; is equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means; and is not intended for fixed installation or for highway vehicle fueling; and includes intermediate bulk containers.

(L)

1. "Process tank" or "flow-through process tank" means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process and the tank is utilized to carry out or control the heating, cooling, mixing, blending, separating, metering, or chemical action of materials. The processing is done on a regular basis and it is the primary function of the tank.

2. "Process tank" or "flow-through process tank" does not include a tank that is used for the storage of materials before their introduction into the production process or for the storage of finished products or by-products from the production process, or a tank that is only used to recirculate materials. A process tank would be considered a storage tank if the vessel is used as storage for a period exceeding 96 hours after the processing ends.

(m) "Product recovery tank" means a tank that forms an integral part of a ch. ATCP 93 regulated substance spill control system for a storage, processing or transfer area. The purpose of the tank is spill recovery and temporary containment. A product recovery tank does not include a tank that is used for the storage of materials or by-products from a flow-through reclamation process. A product recovery tank will be considered a storage tank if the vessel is used as storage for a period exceeding 96 hours after the control of a release or spill.

(n) "Residential tank" means a tank located on the same property as a 1- or 2-family dwelling or a residential building that falls within the scope of chs. SPS 361 to 366 and used only by the residents of the property or for the maintenance of the property.

(o) "Service tank" means a tank that is used for a limited period of time during the servicing of liquid-bearing equipment, to temporarily hold liquids during the servicing, cleaning or relocation of the equipment.

(p) "Stationary tank" or "fixed tank" means a storage vessel intended for stationary installation and not intended for relocation, loading, unloading, or attachment to a transport vehicle, as part of its normal operation in the process of use.

(q) "Storage tank" means a liquid-tight vessel that is intended for fixed or stationary use or a tank that is used for fuel dispensing under subch. VI , but is not used for any of the excepted purposes in s. ATCP 93.020 (6) . This term includes a vessel which has a liquid capacity of 110 gallons or more and which is assembled and used with an engine as a single unit of equipment.

(r) "Work-top tank" means an aboveground steel rectangular tank for combined use as a working surface and a storage tank for Class IIIB liquids.

(115)  "Tank system" includes the primary tank and pipe, integral secondary containment, integral supports, leak detection, overfill prevention, spill containment, anti-siphon devices, and the necessary core components that allow the tank system to function as intended and in accordance with the installation requirements. Tank system configurations include on-shore underground storage tanks, on-shore aboveground storage tanks, and storage tanks over water that are integral with a stationary pier, floating vessel or floating structure for the purpose of storage or vehicle fueling.

(116)  "Tank-system integrity assessment" or "TSIA" means the process by which the department seeks to determine if the integrity of a tank system or any component thereof has been compromised. This process includes precision tightness testing, inventory reconciliation, visual inspection of system components, and calibration checks of dispensers and automatic tank gauges.

(117)  "Tank-system site assessment" or "TSSA" means the process by which the department expects tank-system owners or operators to determine if a tank system or any component of that system has released petroleum products or other hazardous substances into the soil, groundwater or surface waters. This process includes all of the following:

(a) Observation of field conditions, such as stained soils; odors; pitting, holes or cracks in tank system components; observable leaks; and elevated in-field soil-gas readings.

(b) Collection of soil samples for laboratory analysis of petroleum products or other hazardous substances, as prescribed in the department's Assessment and Reporting of Suspected and Obvious Releases From Underground and Aboveground Storage Tank Systems .

(c) Reporting of the field observations and sampling results in a format prescribed by the department.

(118)  "Tank vehicle" means a tank truck or trailer system designed and constructed to comply with NFPA 385.

(119)  "Tank wagon" means a tank that is affixed to a trailer system with at least 1 axle, is constructed in accordance with s. ATCP 93.610 (1) , has a liquid capacity of 1,100 gallons or less, and is used for storing and dispensing liquid motor vehicle fuel for equipment used on the site, or is used for storing other liquids regulated under this chapter. A tank wagon is not constructed to comply with NFPA 385.

(120)  "Temporarily-out-of-service" means a storage tank system that is not being used, but is intended to be placed back into operation within the next annual registration period.

(121)  "Transfer area" means the area where product is transferred, commonly referred to as loading or unloading, between a storage tank and a transport vehicle. Transfer areas are located at terminals, as well as at end-user and intermediate vendors in the product distribution stream. The transfer area may involve loading racks, pipe stands, or direct hose-to-valve connections, and accommodate top or bottom transfer.

(122)  

(a) "Underground storage tank system" or "UST" means any one or combination of tanks, including connected pipes, that is used to contain an accumulation of regulated substances, and the volume of which, including the volume of connected underground pipes, is 10 percent or more beneath the surface of the ground.

(b) "Underground storage tank system" or "UST" does not include any of the following or pipes connected to any of the following:

1. Surface impoundment, pit, pond, or lagoon.

2. Storm water or wastewater collection system.

3. A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

4. A storage tank situated in an underground area, such as a basement, cellar, mine shaft or tunnel, if the storage tank is situated upon or above the surface of the floor and not surrounded by earth.

5. A pipeline facility, including gathering lines, regulated under any of the following:

a. The federal Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671, et seq.).

b. The federal Hazardous Liquid Pipeline Safety Act of 1979 (49 USC App. 2001, et seq.).

c. An intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in this section.

(123)  "Upgrade" means the addition to or retrofit of some part of a storage tank system, such as cathodic protection, leak detection, lining, or spill and overfill controls, to improve the ability of a storage tank system to prevent the release of product.

(124)  "Used oil" or "waste oil" means any oil refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities; and means used cooking oils that are used as fuel for purposes such as space heating or fueling motor vehicles.

(125)  "Vehicle collision protection" means a structure or mechanism to protect a tank or system component from vehicle impact.

(126)  "Vehicle fueling" means the process of adding motor fuel to the engine fuel supply tank for motor driven vehicles, including aircraft, watercraft, on- or off-road vehicles and vehicles on rails.

CR 07-029 : cr. Register November 2008 No. 635 , eff. 2-1-09; CR 09-017 : am. (15) and (114) (k), cr. (51m) and (114) (p), renum. (114) (p) and (q) to be (114) (q) and (r) Register July 2009 No. 643 , eff. 8-1-09; correction in (18), (19), (20), (21) (a), (b), (22), (23), (24), (25), (37), (101), (114) (i) 3., (m), (n), (q), (119) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register December 2011 No. 672 ; corrections in (37), (51m), (101), (102), (114) (i) 3., (m), (q), (119) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register October 2013 No. 694 ; CR 16-012 : am. (64) Register August 2016 No. 728 , eff. 9-1-16.

Note

Section 114.002 (3) of the Statutes reads as follows: Microsoft Windows NT 6.1.7601 Service Pack 1 "Aircraft" means any contrivance invented, used or designed for navigation of or flight in the air, but does not include spacecraft. Microsoft Windows NT 6.1.7601 Service Pack 1 See subsection (66) for a definition of local program operator. As of February 1, 2009, only the City of Milwaukee had become a first class city. Microsoft Windows NT 6.1.7601 Service Pack 1 Under section 168.14 (2m) (b) 2. of the Statutes, pure biodiesel fuel is generally identified with the alphanumeric B100, and does not contain any petroleum product, any additive, or other foreign material. A fuel that is a blend of biodiesel and petroleum-based fuel generally has a volume percentage of the biodiesel fuel to the petroleum-based fuel of at least 2 percent. B20 would identify a blend as being 20 percent biodiesel and 80 percent petroleum-based fuel, by volume. Microsoft Windows NT 6.1.7601 Service Pack 1 An example of change-of-service resulting from another status is an "In-use" tank that moves to "Temporary-out-of service" status. An example of change-of-service resulting from previously storing a regulated substance, to storing a non-regulated substance is a tank that is converted from storing heating oil to storing water. Microsoft Windows NT 6.1.7601 Service Pack 1 See subsection (30) and Note for Class II and III liquids. Microsoft Windows NT 6.1.7601 Service Pack 1 Under NFPA 30 section 4.3.2, combustible liquids are further classified as being Class II, IIIA or IIIB liquids. Microsoft Windows NT 6.1.7601 Service Pack 1 For the purpose of determining how much piping is connected to any individual underground storage tank system, the piping that joins 2 underground storage tank systems should be allocated equally between them. Microsoft Windows NT 6.1.7601 Service Pack 1 A construction project may involve a transportation corridor, building or structure, excavation or landscaping, or the replacement or upgrade of an existing storage tank system. Microsoft Windows NT 6.1.7601 Service Pack 1 In a typical fueling island, the dispensing system begins immediately downstream of the emergency shut-off valve, and all components upstream of that point, including the shut-off valve, are part of the tank system, as defined in section ATCP 93.050 (115) . Microsoft Windows NT 6.1.7601 Service Pack 1 Typically, electronic monitoring uses an audible or visual alarm and may incorporate an automatic shut down of the dispensing system. Examples include electronic line leak detectors and sump or interstitial liquid sensors. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 102.04 (3) of the Statutes, reads as follows: Microsoft Windows NT 6.1.7601 Service Pack 1 As used in this chapter, `farming' means the operation of farm premises owned or rented by the operator. `Farm premises' means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. `Farmer' means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur-bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person's principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming. Microsoft Windows NT 6.1.7601 Service Pack 1 Under NFPA 30 section 4.3.1, flammable liquids are classified as being Class I liquids, and are subclassified as Class IA, IB or IC liquids. Microsoft Windows NT 6.1.7601 Service Pack 1 See NFPA 30 for the appropriate test method for a specific liquid. Microsoft Windows NT 6.1.7601 Service Pack 1 The definition of federally regulated hazardous substances in s. 168.21 , Stats., corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4 , Table 302.4. Microsoft Windows NT 6.1.7601 Service Pack 1 Heating fuel used to produce steam for power generation such as electricity or emergency power does not apply to the general heating fuel application. Microsoft Windows NT 6.1.7601 Service Pack 1 Examples include buildings occupied by 1 or more persons for other than incidental use, buildings that have a high-hazard use where products from fire can harm the community or the environment, control buildings that need the presence of personnel for orderly shutdown of important or hazardous processes, buildings that contain high-value contents or critical equipment or supplies, and buildings that are sited with respect to a storage tank system such that they will have a detrimental effect on release-response or fire-control activities. Microsoft Windows NT 6.1.7601 Service Pack 1 See subsection (76) for a definition of "obvious release," subsection (103) for a definition of "release" and subsection (113) for a definition of "suspected release." Microsoft Windows NT 6.1.7601 Service Pack 1 For example, #5 and #6 fuel oil do not meet the criteria for a liquid and therefore are not regulated by this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Section ATCP 93.130 requires marine-craft tank vehicles to have a material approval before being placed into service. Microsoft Windows NT 6.1.7601 Service Pack 1 An example is a mechanical line leak detector. Microsoft Windows NT 6.1.7601 Service Pack 1 For purposes of monitoring on a monthly cycle, the Department will accept tests no further than 30 days apart. Microsoft Windows NT 6.1.7601 Service Pack 1 "Motor vehicle" in this definition is intended to apply to motorized equipment transporting people and goods for pleasure, construction or commerce, rather than equipment dedicated to warehousing and yard operations, such as forklifts; or for grounds and facility maintenance, such as lawnmowers; or for amusement facilities, such as go-carts. Microsoft Windows NT 6.1.7601 Service Pack 1 See subsection (62) for a definition of "leak," subsection (103) for a definition of "release" and subsection (113) for a definition of "suspected release." Microsoft Windows NT 6.1.7601 Service Pack 1 For a typical underground system, the pipe system would be from the point of connection at the tank to the connection to the dispenser, immediately downstream of the emergency shut-off valve. Microsoft Windows NT 6.1.7601 Service Pack 1 This definition is taken from section 101.01 (11) of the Statutes. Microsoft Windows NT 6.1.7601 Service Pack 1 This definition is taken from section 101.01 (12) of the Statutes. Microsoft Windows NT 6.1.7601 Service Pack 1 The definition of federally regulated hazardous substances in section 168.21 (3) of the Statutes corresponds to the CERCLA List of Hazardous Substances and Reportable Quantities contained in 40 CFR 302.4 , Table 302.4. Microsoft Windows NT 6.1.7601 Service Pack 1 See subsection (62) for a definition of "leak," subsection (76) for a definition of "obvious release" and subsection (113) for a definition of "suspected release." Microsoft Windows NT 6.1.7601 Service Pack 1 The Department does not consider a tank to be a structure although local or municipal regulations may classify a tank as a structure. Microsoft Windows NT 6.1.7601 Service Pack 1 See subsection (62) for a definition of "leak," subsection (76) for a definition of "obvious release" and subsection (103) for a definition of "release." Microsoft Windows NT 6.1.7601 Service Pack 1 Accumulator tanks are outside the scope of this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 See par. (p) for a definition of "fixed tank." Microsoft Windows NT 6.1.7601 Service Pack 1 Vessels with a capacity of 110 gallons or more are included in the definition of storage tank in paragraph (p). Microsoft Windows NT 6.1.7601 Service Pack 1 Movable tanks are acceptable for use at construction projects, farms, and other locations recognized in subchapter VI, where it is more practical to move the tank, typically by lifting equipment, to off-road motorized equipment for dispensing, rather than drive the motorized equipment to the tank. Microsoft Windows NT 6.1.7601 Service Pack 1 In accordance with section ATCP 93.250 , each compartment of a multi-compartment tank is considered a separate tank, even if the same substance is stored in more than 1 compartment. Microsoft Windows NT 6.1.7601 Service Pack 1 Process tanks are outside the scope of this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Product recovery tanks are outside the scope of this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Service tanks are outside the scope of this chapter. Service tanks include the defueling and refueling tanks that are used in commercial aviation environments. These tanks are used for removal of fuel from an aircraft to facilitate other maintenance for the aircraft, and for return of that fuel to the aircraft immediately thereafter. They are typically not moved from one site to another, and are operated by employees of an aviation service company under aviation service protocols and monitored situations. Microsoft Windows NT 6.1.7601 Service Pack 1 In a typical fueling island, the dispensing system, as defined in section ATCP 93.050 (41) , begins immediately downstream of the emergency shut-off valve, and all components upstream of that point, including the shut-off valve, are part of the tank system. Microsoft Windows NT 6.1.7601 Service Pack 1 In general, TSIAs are to be performed if there are indications that the integrity of a system has been compromised. Microsoft Windows NT 6.1.7601 Service Pack 1 In general, TSSAs are to be performed at the time a storage tank system, or some component thereof, is to be permanently closed, upgraded or repaired, or if a change in service is to take place. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases From Underground and Aboveground Storage Tank Systems is available from the department's website at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1 NFPA 385 recognizes 3 types of tank vehicles: (1) a tank truck in which the cargo tank is supported entirely on the truck chassis, (2) a tank semi-trailer in which the cargo tank is supported by both the truck chassis and trailer chassis, and (3) a tank full-trailer in which the cargo tank is supported entirely on the trailer chassis. Microsoft Windows NT 6.1.7601 Service Pack 1 Since a tank wagon is not designed and constructed under NFPA 385 criteria, it must be towed empty on the road for transport and placement in accordance with s. ATCP 93.610 (1) . Microsoft Windows NT 6.1.7601 Service Pack 1 Temporarily-out-of-service does not apply to stationary tanks that are of seasonal use, such as heating fuel storage tanks. Microsoft Windows NT 6.1.7601 Service Pack 1 See chapter NR 679 and section 287.15 of the Statutes for other definitions of used oil and waste oil, and for requirements relating to those definitions, such as criteria for transporting or recycling these liquids. Microsoft Windows NT 6.1.7601 Service Pack 1 For definitions of terms associated with petroleum storage facilities or petroleum equipment, not provided in this list of definitions, refer to the Petroleum Equipment Lexicon. Microsoft Windows NT 6.1.7601 Service Pack 1