Section 93.145. Tank permits.

 

(1)   General. All in-use and temporarily-out-of-service storage tanks, whether new or existing, that are used to store a regulated substance shall have a permit to operate from the department, except this requirement does not apply to any of the following tanks:

(a) Aboveground tanks.

(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.

(c) Underground storage tanks storing heating oil for consumptive use on the premises.

(d) Tanks located at a US EPA superfund site.

(2)   Permit application timeline. The tank owner shall apply for a permit to operate, in accordance with sub. (3) , after all requirements for plan approval under s. ATCP 93.100 and registration under s. ATCP 93.140 are completed and the tank is installed, but before the tank is placed in to service.

(3)   Permit application procedure.

(a) The owner shall complete 1 permit application, form ERS-7658, as provided by the department, for each tank and submit it to the department along with the information required on the application, except as specified in par. (b) , and with any fees due to the department as assessed under this chapter or ch. ATCP 94 .

(b) Where registration information in full compliance with s. ATCP 93.140 (3) is submitted for a newly installed tank, the department shall use that information as the permit application.

(4)   Permit processing.

(a) The department shall review and make a determination on the permit application within 30 business days of receipt of the completed forms and required information.

(b) Upon review and acceptance of the required forms, information and fees specified in sub. (3) , the department shall issue an underground storage tank operating permit for each storage tank.

(c) The department may decide to not issue or to not renew an operating permit for a tank if the department finds that there has been significant noncompliance with either this chapter or orders issued pursuant to this chapter. Upon making this decision, the department shall inform the owner or operator in writing of the reasons for the decision.

(5)   Permit posting. Each permit to operate shall be posted at the premises where the tank is located, and in a location where the permit is visible to the public. The posted permit shall be maintained in a legible state.

(6)   Permit expiration and renewal.

(a)

1. The underground storage tank permit to operate shall annually expire on the 28 th day of the month specified in the initially issued permit, except as provided in subd. 2.

2. When a change of ownership occurs, the permit to operate shall expire upon completion of the real-estate transaction.

(b)

1. The department shall send the tank owner of record a permit renewal notice, and a permit application, form ERS-7658, for each tank, before the expiration of the current permit, except as provided in subd. 2.

2. Where a change of ownership occurs, the department shall send the new tank owner a permit application, form ERS-7658, within 15 business days of being notified of the change of ownership, as addressed in s. ATCP 93.150 .

(c) To renew a permit, the tank owner shall complete the application received under par. (b) 1. and submit it to the department along with the information required on the application, and with all of the following:

1. Proof of financial responsibility in accordance with subch. VII .

2. An affidavit of financial responsibility in accordance with s. ATCP 93.745 (2) (j)

3. Any fees due to the department as assessed under this chapter or ch. ATCP 94 .

(7)   Permit suspension.

(a)

1. The department may suspend any permit issued under this section, upon determining that operation of any involved tank constitutes an imminent hazard to human health or the environment, or that financial responsibility required in subch. VII has been discontinued.

2. When suspending a permit, the department shall inform the owner or operator in writing of the reasons for the suspension.

(b) Upon suspension of a permit, all dispensing from any involved tank shall cease, and the department may order the owner or operator to properly empty the tank.

(c) The department may reinstate a suspended permit upon determining that the hazard or financial-responsibility failure which resulted in the suspension no longer exists.

CR 07-029 : cr. Register November 2008 No. 635 , eff. 2-1-09; correction in (2), (3) (a), (b), (6) (b) 2., (c) 2., 3. made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (2), (3) (a), (b), (6) (b) 2., (c) 2., 3. made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 .

Note

See section ATCP 93.190 for requirements relating to appealing a decision by the department. Microsoft Windows NT 6.1.7601 Service Pack 1 See section ATCP 93.190 for requirements relating to appealing a decision by the Department. Microsoft Windows NT 6.1.7601 Service Pack 1