1. (1) General. When a tank-system site assessment is required by this chapter, or when directed by the department, the owner or operator shall have the site evaluated for the presence of a suspected or obvious release in accordance with sub. (3).

   Note: An “obvious release” means there is an indication of a release, and there is both environmental evidence, such as soil discoloration, observable free product, or odors — and a known source, such as a tank or piping with cracks, holes or rust plugs, or leaking joints. A “suspected release” means either of the following: (a) There is an indication that a tank system has leaked — such as inventory losses; observable free product or evidence of free product in secondary containment at dispensers, submersible pumps or spill buckets; petroleum odors; or leak detection alarm system activation — but there is no observable environmental evidence of a release; or (b) There is observable environmental evidence of a release, such as soil discoloration or free product, but the source is unknown.

2. (2) Exemption from assessment. A tank system site assessment is required for the following tank systems or components only if there is a suspected or obvious release:

   1. (a) Tanks which have a capacity of less than 4,000 gallons and which stored heating oil for consumptive use on the premises where stored.
   2. (b) Tanks located at a private residence or on a farm premises, which have a capacity of less than 1,100 gallons, and which stored fuel for dispensing into motorized vehicles.
   3. (c) The closure of double-wall pipe when modification or upgrading is conducted on a system that will remain in operation, unless the piping is to be closed in-place.
   4. (d) Where the entire tank system, including the connections at the tank and dispensers, has been placed in liquid-tight secondary containment for the entire operational life of the system.

3. (3) Tank-system site assessment procedures.

   1. (a) General. When a tank-system site assessment is required, the owner or operator shall have a certified tank-system site assessor document field observations and sample for the presence of a release wherever contamination is identified or is most likely to be present at the tank site. If the assessor discovers obvious contamination, he or she shall complete the appropriate assessment sampling, such as for the entire system; or for only the tank, or piping, or sumps, or dispensers, and complete the documentation and reporting in its entirety. All sampling, documentation, and reporting under this paragraph shall be in a format prescribed by the department.

      Note: The sampling documentation and reporting prescribed by the department is contained in Tank System Site Assessment: A Guide to the Assessment and Reporting of Suspected or Obvious Releases from Underground and Aboveground Storage Tank Systems available from the department’s Web site at https://datcp.wi.gov/Documents/TSSA.pdf.

      Note: The format for the reporting is available at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

      Note: In s. ATCP 93.585, releases are required to be reported to the department of natural resources. Failure to notify the DNR of a release may have serious consequences – such as forfeitures under s. 168.26, Stats., of $10 to $5,000 for each violation. Each day of continued violation is a separate offense, and under s. ATCP 93.180, each tank that is in violation is a separate offense.

   2. (b) Exception. A person who is not a certified tank-system site assessor may perform assessments if directly supervised by a certified tank-system site assessor who is on the site during the entire assessment.

   3. (c) Filing.

      1. 1. The documentation required in par. (a) shall be filed with the owner or operator no later than 21 business days after discovery of the conditions that resulted in the assessment.

      2. 2. For all tank or piping removals, any replacement of single-wall spill containment under s. ATCP 93.505 (2) (a), and for all releases that must be reported to the department of natural resources under s. ATCP 93.585 (2), the documentation required in par. (a) shall also be filed with the department of natural resources no later than 21 business days after the tank or component removal or the discovery of the release.

         Note: Send the documentation that must be filed with the department of natural resources under this section to the Environmental Program Associate in the applicable DNR regional office. Contact information for the Environmental Program Associates is available through the following DNR Web site: http://dnr.wi.gov/topic/brownfields/contact.html.

History

History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.