Tank Removal Requirements

Wisconsin Statue DATCP 93.315

ATCP 93.315 Heating oil tanks that are removed from service.

(1) Application. This section applies to aboveground heating oil storage tanks which are connected to heating appliances and which store heating oil that is consumed on the premises.

(2) General. Placing a heating oil storage tank out of service for any reason other than immediate repair or replacement shall follow the procedure in either par. (a) or (b):

(a) The tank and all connected piping, including the vent and fill piping, shall be emptied, cleaned and removed from the premises.

(b)

1. The tank and all connected piping shall be emptied and purged of all vapors.

2. If the tank is not removed, the tank vent shall be left intact and open.

3. If the fill pipe is not removed, it shall be filled to the top with concrete and capped.

4. Any piping that is not removed, other than a tank vent, shall be capped or otherwise sealed.

(3) Responsible parties.

(a) Contractors. A person who is under contract, with the person who owns or controls a property, to remove a heating oil storage tank or to place a heating oil storage tank out of service shall comply with sub. (2).

Note: A contractor must be certified in accordance with s. ATCP 93.240 to perform tank cleaning and tank removal at other than 1- and 2-family dwellings. Section ATCP 93.460 states that certification is not required for persons performing cleaning and removal of heating fuel tanks located aboveground or in basements at 1- and 2-family dwellings.

(b) Owners. If there is no contractor, the person who owns or controls a property from which a heating oil storage tank is removed, or on which a heating oil storage tank is placed out of service, shall comply with sub. (2).

(4) Notification requirement. The person who owns or controls property from which a heating oil storage tank has been removed, or on which a heating oil storage tank has been placed out of service, shall provide written notice to the current heating oil vendor within 7 days after removing the tank or placing the tank out of service. If there is a scheduled delivery in less than 7 days, notification may be given verbally provided it is followed by written notification within 7 days after verbal notification.

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

Tank Registration

Wisconsin Statute DATCP 93.140

ATCP 93.140 Tank registration.(1) General. All new and existing storage tanks that are used to store a regulated substance shall be registered with the department, except this requirement does not apply to any of the following tanks:(a) Aboveground tanks which have a capacity of less than 1,100 gallons and which have any of the following characteristics:1. Are farm tanks, or are located at and serve a construction project.2. Are used to store heating oil or used oil, for consumptive use on the premises.Note: Tanks that are not exempt from registration requirements under this paragraph include tanks which store heating oil as a backup fuel for natural gas-fired boilers.3. Are used to store Class IIIB liquids other than used oil.Note: There is no exemption for used oil unless it is consumed on the premises where stored. Therefore used-oil storage tanks that have a capacity of 110 gallons or more must be registered.4. Are located inside a building and are used for industrial processes, if that use occurs through piping which connects the tank to the process.(b) Aboveground tanks which are used to store nonflammable or noncombustible federally regulated hazardous substances and which have a capacity of less than 5,000 gallons.Note: The list of federally regulated hazardous substances covered in this subchapter, also known as the CERCLA List, is located in 40 CFR 302.4, Table 302.4.Note: Registration is not required for aboveground or underground tanks that are used to store nonflammable and noncombustible federally regulated hazardous substances in concentrations of less than 1 percent by volume, because s. ATCP 93.020 (6) (o) excludes those tanks from this chapter.(c) Tank vehicles.(d) Tank wagons, portable tanks, and movable tanks that are located on a property for less than 24 months.(e) Tanks that are located at an EPA superfund site.Note: Per Wisconsin statutes, eligibility for Petroleum Environmental Cleanup Fund Act (PECFA) funds is conditioned upon prior tank registration.

Tank Removal Requirements

Wisconsin Statue DATCP 93.315

Tank Registration

Wisconsin Statute DATCP 93.140

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