1. (1) Department approval of LPO.

   1. (a) With the approval of the chief elected municipal official, the municipality shall determine if a municipal department will exercise jurisdiction over the provisions of this chapter as the local program operator.

   2. (b) The review of plans and specifications and the installation inspection for administering and enforcing this chapter shall be performed by a certified tank system inspector.

      Note: LPOs are under contract with the department. The contract specifies LPO qualifications and responsibilities, such as plan review, inspection and consultation.

   3. (c) The department may revoke its approval of a local program operator where the plan examiners or inspectors do not meet the standards specified by the department or where other requirements of the department are not met.

2. (2) Plan review by LPO. All of the following types of plans shall be submitted to the LPO for review and approval, except as provided in sub. (3) (b):

   1. (a) Plans in which all tanks for the storage, handling or use of flammable or combustible liquids have an individual capacity of less than 5,000 gallons.

   2. (b) Plans that consist solely of converting a full- or self-service motor fuel dispensing facility to the use of a point-of-sale dispensing system or device, regardless of tank size.

      Note: Conversion to a point-of-sale dispensing system or device does not require a certified installer.

3. (3) Departmental plan review. Plan review and approval shall be obtained from the department in all of the following situations, except as provided in sub. (4):

   1. (a) Where one or more tanks for storage of a regulated substance have an individual capacity of 5,000 gallons or more.
   2. (b) Where the tank system is located in an area where there is no LPO.
   3. (c) Where there is installation of, or an upgrade or addition to, the corrosion protection system, regardless of tank size.
   4. (d) Where there is initial installation of leak detection to a tank system, regardless of tank size.

   5. (e) Where there is an upgrade or addition to the leak detection system, regardless of tank size, including any of the following:

      1. 1. A change in manufacturer.
      2. 2. A change in model number.

      3. 3. A change in methodology.

         Note: Examples of changes in methodology include switching from a mechanical line leak detector to an electronic one, static tank leak detection to continuous statistical leak detection (CSLD) or changing from statistical inventory reconciliation to an automatic tank gauge (ATG) or vice versa.

   6. (f) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 10 percent or less ethanol by volume to liquids containing more than 10 percent ethanol by volume.
   7. (g) Where there is a conversion from the storage and dispensing of flammable or combustible liquids containing 5 percent or less biodiesel fuel by volume to liquids containing more than 5 percent biodiesel fuel by volume.

4. (4) Plan review by 1st class city. All plans for facilities within a 1st class city shall be submitted to that city for review and approval.

   Note: As of November 1, 2019, only the City of Milwaukee is a 1st class city.

5. (5) Sequence of jurisdiction. Where an authorized agent has jurisdiction under this chapter, and a provision of this chapter refers to the authorized agent or the department, the authorized agent’s jurisdiction shall be exercised in advance of the department’s jurisdiction.

   Note: Under s. ATCP 93.020 (10), the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.

History

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (4) made under s. 35.17, Stats., Register October 2019 No. 766; CR 24-034: am. (1) (a) Register October 2025 No. 838, eff. 11-1-25.