Section 679.64. Used oil storage.

  Used oil burners are subject to all applicable spill prevention, control and countermeasures ( 40 CFR part 112 ) in addition to this subchapter. Used oil burners are also subject to the underground storage tank (ch. ATCPS 93 ) requirements for used oil stored in underground tanks whether or not the used oil exhibits any hazardous waste characteristics, in addition to this subchapter.

(1)  S torage units. Used oil burners may not store used oil in units other than tanks, containers or units regulated under ch. NR 664 or 665 .

(2)  C ondition of units. Containers and above ground tanks used to store used oil at burner facilities shall be all of the following:

(a) In good condition (no severe rusting, apparent structural defects or deterioration).

(b) Not leaking (no visible leaks).

(3)  S econdary containment for containers. Containers used to store used oil at burner facilities shall be equipped with a secondary containment system.

(a) The secondary containment system shall consist of, at a minimum, all of the following:

1. Dikes, berms or retaining walls.

2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.

(b) The entire containment system, including walls and floor, shall be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.

(4)  S econdary containment for existing above ground tanks . Existing above ground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system.

(a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2. , or subd. 3. :

1. Dikes, berms or retaining walls.

2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall except areas where existing portions of the tank meet the ground.

3. An equivalent secondary containment system.

(b) The entire containment system, including walls and floor, shall be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.

(5)  S econdary containment for new above ground tanks . New above ground tanks used to store used oil at burner facilities shall be equipped with a secondary containment system.

(a) The secondary containment system shall consist of, at a minimum, the following in subds. 1. and 2. , or subd. 3. :

1. Dikes, berms or retaining walls.

2. A floor. The floor shall cover the entire area within the dike, berm or retaining wall.

3. An equivalent secondary containment system.

(b) The entire containment system, including walls and floor, shall be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater or surface water.

(6)  L abels.

(a) Containers and above ground tanks used to store used oil at burner facilities shall be labeled or marked clearly with the words "Used Oil".

(b) Fill pipes used to transfer used oil into underground storage tanks at burner facilities shall be labeled or marked clearly with the words "Used Oil".

(7)   Response to releases. Upon the detection of a release of used oil to the environment, a burner shall perform all of the following cleanup steps:

(a) Stop the release.

(b) Contain the released used oil.

(c) Clean up and properly manage the released used oil and other materials.

(d) If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; correction in (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register February 2012 No. 674 ; correction in (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 .