1. (1) Notification.

   1. (a) At least 5 business days before beginning permanent closure of a tank system, the owner or operator or designee shall notify the authorized agent or the department of the intended closure on form TR-WM-121, except a shorter notification period is permitted where unexpected closure is commenced upon finding adverse conditions during a corrective action conducted under s. ATCP 93.585.

   2. (b) Any date or time changes to the original submitted notification form, TR-WM-121, shall be requested at least one business day prior to the original date or time. The new date or time must be later than the original date or time.

      Note: Form TR-WM-121 – ATCP 93 Notification Record is available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

2. (2) Closure procedures.

   1. (a) To permanently close an underground tank system, the owner or operator shall have the tank and piping emptied and cleaned, by removing all liquids and accumulated sludge, and shall remove the tank and piping from the site unless allowed otherwise under par. (e). Tanks that are removed shall be scrapped unless reused in accordance with s. ATCP 93.350 (3) (i) or 93.500 (3) (c).
   2. (am) Tank basin and piping trench excavation shall be left open until inspector approves backfilling and tank and piping must remain onsite until inspector approves removal.

   3. (b) Tank cleaning processes shall comply with the appropriate national standard referenced in s. ATCP 93.200.

      Note: For guidance in complying with the tank-cleaning requirements in API standard 2015, as listed on line 17 of Table 93.200-2, API publishes RP 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks, which is available from API at the address listed in the table.

   4. (c) Individuals cleaning tanks or removing tank systems or portions of tank systems shall be certified in accordance with s. ATCP 93.240 (14) to (21).

   5. (d) When an underground tank system is closed, or when a previously closed tank system is removed under sub. (4), the owner shall have a revised tank registration, form TR-WM-137, and part A of the department’s tank-system service and closure assessment report, form TR-WM-140, completed and submitted to the department within 21 business days of closure or removal.

      Note: Form TR-WM-137 — Underground Flammable/Combustible/Hazardous Liquid Storage Tank Registration, and form TR-WM-140 – Tank System Service and Closure Assessment Report are available from the Bureau of Weights and Measures, PO Box 8911, Madison, WI 53708-8911, or at telephone (608) 224-4942, or from the Bureau’s Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

   6. (e) Underground tanks systems may be closed in-place by filling with an inert, solid material, after emptying and cleaning, if the department determines, upon written request from the owner or operator, that one or more of the following conditions exist:

      1. 1. Excavation would impact the structural integrity of an adjacent building or structure.
      2. 2. Overhead utilities at a commercial site pose a safety hazard.
      3. 3. Excavation would impact adjacent transformers or substations.
      4. 4. Unauthorized encroachment would occur onto neighboring property under different ownership.
      5. 5. The tank location is inaccessible to necessary equipment.
      6. 6. Excavation would result in the destruction of mature trees.
      7. 7. Excavation would encroach upon a public way.

      8. 8. Excavation would necessitate the permanent disconnection or relocation of underground utilities.

         Note: Closing a tank in-place does not exempt the tank from tank-system site assessment requirements.

   7. (f) The department’s Tank System Service and Closure Assessment Report form, TR-WM-140, shall be filled out by the certified remover and provided to the certified tank system inspector at the closure inspection.

3. (3) Tank-system site assessment. A tank-system site assessment shall be performed in accordance with ss. ATCP 93.575 to 93.585 after notifying the authorized agent or the department but before closing a tank system in place, installing a new system, or backfilling the tank basin and the piping trenches.

   Note: The department and the department of natural resources share jurisdiction over tank closures and tank-system site assessments. The DNR must be notified if a release is discovered.

4. (4) Applicability to previously closed systems.

   1. (a) General. When directed by the department, the owner or operator of any tank system closed in-place before December 22, 1988, shall have the system removed in accordance with this section and have the tank basin assessed in conformance with s. ATCP 93.580.

   2. (b) Systems previously closed without solid, inert fill. The owner or operator of any tank system that was closed before October 1, 1971, without removing the tank from the site but by filling the tank with water, shall bring the closed system into compliance with sub. (2) within a time period established by the department on a case-by-case basis, except that the tank-system site assessment in s. ATCP 93.580 is not required unless there is a suspected or obvious release. Written documentation shall be provided to prove closure with water before September 1, 1971.

      Note: Before September 1, 1971, ch. Ind 8 — Flammable and Combustible Liquids Code allowed UST systems to be filled with water when closed or abandoned in-place.

   3. (c) Other tank systems. Empty or improperly closed or abandoned tank systems that do not meet the requirements of sub. (2) or the exemption under par. (b) shall be permanently closed in accordance with all of the provisions of this section.

History

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (2) (c), (e) (intro.) made under s. 35.17, Stats., Register October 2019 No. 766.