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101.09

101.09 Storage of flammable, combustible and hazardous liquids.

101.09(1)

(1) Definitions. In this section:

101.09(1)(a)

(a) "Combustible liquid" means a liquid having a flash point at or above 100 degrees fahrenheit and below 200 degrees fahrenheit.

101.09(1)(am)

(am) "Federally regulated hazardous substance" means a hazardous substance, as defined in 42 USC 9601 (14).

101.09(1)(b)

(b) "Flammable liquid" means a liquid having a flash point below 100 degrees fahrenheit.

101.09(1)(c)

(c) "Flash point" means the minimum temperature at which a flammable or combustible liquid will give off sufficient flammable vapors to form an ignitable mixture with air near the surface of the liquid or within the vessel which contains the liquid.

101.09(1)(d)

(d) "Waters of the state" has the meaning specified under s. 281.01 (18).

101.09(2)

(2) Storage tanks.

101.09(2)(a)

(a) Except as provided under pars. (b) to (d), every person who constructs, owns or controls a tank for the storage, handling or use of liquid that is flammable or combustible or a federally regulated hazardous substance shall comply with the standards adopted under sub. (3).

101.09(2)(b)

(b) This section does not apply to storage tanks which require a hazardous waste license under s. 291.25.

101.09(2)(c)

(c) This section does not apply to storage tanks which are installed above ground level and which are less than 5,000 gallons in capacity.

101.09(2)(cm)

(cm) Any rules promulgated under sub. (3) requiring an owner to test the ability of a storage tank, connected piping or ancillary equipment to prevent an inadvertent release of a stored substance do not apply to storage tanks that satisfy all of the following:

101.09(2)(cm)1.

1. Are installed before October 29, 1999.

101.09(2)(cm)2.

2. Have a capacity of less than 1,100 gallons.

101.09(2)(cm)3.

3. Are used to store heating oil for residential, consumptive use on the premises where stored.

101.09(2)(d)

(d) This section does not apply to a pressurized natural gas pipeline system regulated under 49 CFR 192 and 193.

101.09(3)

(3) Rules.

101.09(3)(a)

(a) The department shall promulgate by rule construction, maintenance and abandonment standards applicable to tanks for the storage, handling or use of liquids that are flammable or combustible or are federally regulated hazardous substances, and to the property and facilities where the tanks are located, for the purpose of protecting the waters of the state from harm due to contamination by liquids that are flammable or combustible or are federally regulated hazardous substances. The rule shall comply with ch. 160. The rule may include different standards for new and existing tanks, but all standards shall provide substantially similar protection for the waters of the state. The rule shall include maintenance requirements related to the detection and prevention of leaks. The rule may require any person supplying heating oil to any noncommercial storage tank for consumptive use on the premises to submit to the department, within 30 days after the department requests, the location, contents and size of any such tank.

101.09(3)(b)

(b) The department may transfer any information which the department receives under par. (a) to any other agency or governmental unit. The department and any such agency shall treat the name of the owner and the location of any noncommercial storage tank which stores heating oil for consumptive use on the premises, required to be submitted to the department under par. (a), as confidential and shall not permit inspection or copying under s. 19.35 of any record containing the information.

101.09(3)(c)

(c) The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.

101.09(3)(d)

(d) The department shall promulgate a rule specifying fees for plan review and inspection of tanks for the storage, handling, or use of flammable or combustible liquids and for any certification or registration required under par. (c).

101.09(4)

(4) Enforcement.

101.09(4)(a)

(a) The department shall enforce this section.

101.09(4)(b)

(b) The department shall issue orders directing and requiring compliance with the rules and standards of the department adopted under this section whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.

101.09(4)(c)

(c) The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.

101.09(5)

(5) Penalties. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day of continued violation is a separate offense.

101.09 - ANNOT.

History: 1983 a. 410; 1987 a. 399; 1991 a. 269; 1993 a. 416.; 1995 a. 227; 1999 a. 9; 2001 a. 16; 2007 a. 20.

101.09 - ANNOT.

Cross Reference: See also ch. Comm 10, Wis. adm. code.