Section 305.87. Tank system removers and cleaners.

 

(1)   General. Except as provided in sub. (7) , no person may remove or clean a tank system that is regulated under ch. ATCP 93 unless the person complies with one of the following:

(a) The person holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified tank system remover-cleaner.

(b) The person is under the direct supervision of another person who holds a certification issued by the department of agriculture, trade and consumer protection or department of safety and professional services as a certified tank system remover-cleaner.

(2)   Application for examination. A person applying to take a tank system remover-cleaner certification examination shall submit all of the following:

(a) An application in accordance with s. SPS 305.01 .

(b) An application fee and examination fee in accordance with s. SPS 305.02 , Table 305.02.

(c) Proof of the liability coverage specified in s. SPS 305.82 (1) (b) .

(3)   Examination. A person seeking to obtain a tank system remover-cleaner certification shall take and pass an examination in accordance with s. SPS 305.09 .

(4)   Application for certification. Upon notification of successfully passing the examination for a tank system remover-cleaner certification, a person may obtain the certification by submitting an application and the certification fee in accordance with ss. SPS 305.01 and 305.09 (7) (c) .

(5)   Responsibilities. A person who removes or cleans or supervises the removing or cleaning of tanks as a certified tank system remover-cleaner shall be present at the job site for at least all of the following activities:

(a) Disconnecting and draining of piping.

(b) Capping of piping.

(c) Vapor freeing or inerting of tanks.

(d) Cleaning of tanks and handling of sludge and other wastes.

(e) Removal of tank systems from the ground and loading them for transport or filling the tank systems with an inert material.

(f) Visual inspection of the soils around the excavation or tank system location.

(6)   Renewal.

(a) A person may renew his or her certification as a tank system remover-cleaner.

(b) A tank system remover-cleaner certification shall be renewed in accordance with s. SPS 305.07 .

(c) An application for a renewal under this section shall include proof of the liability coverage specified in s. SPS 305.82 (1) (b) .

(7)   Exclusions. This section does not apply to any of the following:

(a) Field-constructed aboveground tanks.

(b) Heating fuel tanks located aboveground or in basements of 1- or 2-family dwellings.

Cr. Register, October, 1996, No. 490 , eff. 11-1-96; am. (1) (b), (6) (a) 2., Register, March, 1998, No. 507 , eff. 4-1-98; am. (1) (a), (b) and (4), Register, April, 2000, No. 532 , eff. 5-1-00; CR 06-127 : r. and recr. (1) (intro.), renum. (1) (a) and (b) to be (1) (b) and (c) and am. (b), cr. (1) (d), (2) (c), (6) (c) and (7), renum. (6) (a) 1. and 2. to be (6) (a) and (b), r. (6) (b), Register September 2007 No. 621 , eff. 10-1-07; CR 11-020 : renum. (1) (a) to (c) to be (1) (intro.), (a), (b) and am., r. (1) (d), Register December 2011 No. 672 , eff. 1-1-12; correction in (1) (intro.), (2) (a), (b), (c), (3), (4), (6) (b), (c) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (1) (intro.), (a), (b) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register October 2013 No. 694 .

Note

Note: Authority over ss. SPS 305.82 to 305.89 was transferred to Department of Agriculture, Trade and Consumer Protection under 2013 Wis. Act 20 , s. 9138 (3) (fm) and (4) (f). Microsoft Windows NT 6.1.7601 Service Pack 1