1. (1) Filing required. At least 21 days before an operator constructs or substantially alters a structure at a storage facility, the operator shall file all of the following with the department:

   1. (a) Design specifications for the construction or alteration.
   2. (b) A signed written statement by a professional engineer, certifying that the design specifications comply with applicable requirements under this chapter.

   3. (c) The approximate date on which the operator plans to start the construction or alteration. The operator may not start the construction or alteration before that date unless the operator gives the department prior notice of the new start date. The department may request additional schedule information, as necessary, in order to schedule an inspection under sub. (3).

      Note: Subsection (1) does not apply to the routine repair or maintenance of an existing structure. See s. ATCP 33.01 (34). This chapter does not require an operator to take soil samples before the operator constructs or substantially alters a structure. However, an operator may wish to do so in order to maintain cost reimbursement eligibility under s. ATCP 35.04.

2. (2) Discretionary review. The department may review and comment on the design specifications filed under sub. (1). The department is not required to review, approve or comment on the design specifications. A failure to comment does not signify approval. An operator is not required to obtain the department’s approval for a proposed construction or alteration, but is required to comply with this chapter.
3. (3) Discretionary inspection. The department may inspect a construction or alteration under sub. (1).
4. (4) Construction conforming to plan. An operator may not, without prior written notice to the department, deviate from design specifications filed under sub. (1).

History

History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.