1. (1) Requirements. Except as provided in sub. (2), the base of each mixing and loading pad, the base of each secondary containment structure, and the floor of each building used to store bulk fertilizer or bulk pesticide shall be all of the following:

   1. (a) At least 5 feet above bedrock.
   2. (b) At least 5 feet above the seasonal high groundwater level. A determination of seasonal high groundwater level, by an independent soils tester licensed by the Wisconsin department of safety and professional services, is presumptively valid for purposes of this paragraph.
   3. (c) At least 1,000 feet from the ordinary high water mark of any navigable lake and 300 feet from the ordinary high water mark of any navigable stream.
   4. (d) Located outside of any 100-year flood plain.

2. (2) Exemption. Subsection (1) does not apply to the reconstruction, expansion or alteration of a mixing and loading pad, secondary containment structure or storage building that was in use prior to November 1, 2006.

   Note: The exemption under sub. (2) applies only to sub. (1). It does not exempt a storage facility from any other federal, state or local regulations that may apply.

History

History: CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.