What tanks must be registered?
Wisconsin Statute 101.142 requires that any stationary
tank
exceeding 60 gallons capacity be registered with
Commerce. Tanks being closed that have not been registered must be
registered to meet compliance. Link to
registration form.
What
type or size of tank must comply with the regulations?
All underground tanks
which at any time during their life
contained petroleum products with a flash point less than 200 degrees
F. and are in excess of 60 gallons fall under the rule.
If I
am not using my UST, must it be closed?
An owner/operator may
place a tank in temporary closure
status. If the tank contains more than 1 inch of product or 0.3% by
weight of total system capacity, corrosion protection and leak
detection must be maintained.
When the UST system is temporarily closed for 3 months
or
more, lines, pumps, manways, and ancillary equipment must be capped or
secured. Vents must remain functioning.
Commerce or its Comm. 10 authorized agent must grant
permission for a system to remain closed for more than 12 months,
unless the system has been upgraded to meet the requirements of Comm.
10.51 or 10.52. a site assessment is required prior to approval of an
extension.
Can I
close the tank myself?
All tank closures must
occur under the supervision of a Comm.
5 Certified Tank Remover/Cleaner. Tank closure involves specific safety
procedures and completing documentation. A certified remover is
knowledgeable of both requirements. Link
to contractors.
When
is a site assessment required?
A closure site
assessment is required at UST closure for all
USTs used for vehicle fueling at commercial occupancies, heating fuel
tanks exceeding 4,000 gallons, and at any closure where signs of
contamination are present.
Is a
site assessment required for home heating fuel tanks?
Heating fuel tanks
4,000-gallon capacity and less are excluded from site assessment unless
signs of contamination are present.
What
is a closure"site assessment"?
Soil samples from the
tank bed are collected by a Certified
Site Assessor following Wisconsin DNR protocol. The results of soil
sample analysis will determine if further investigation of site
contamination is necessary.
If
the remover tells me that I have contamination and
he needs to haul the contaminated soil to a dump site, should I allow
him to do it?
The Wisconsin Department
of Natural Resources must be
notified of any contamination. Actions to remediate contaminated sites
must meet WDNR approval.
I
purchased property with an out-of-service UST. Since I have
never used the tank, am I responsible for having to close the tank now?
Will I be held responsible for any contamination that may be present?
The property owner of
record at the time the noncompliance
becomes a regulatory issue is responsible for compliance and
environmental remediation. Legal action against the previous owner by
the current owner may be an option to recover costs.
I own
property on which a tank was closed prior to December
1988; however, the closure was not documented with Commerce. What will
Commerce accept to satisfy the documentation that the tank is closed?
Written documentation,
including second-party verification,
with as much detail as possible, including tank size, what it was used
for and product, date of closure, name of contractor, etc. Copies of
invoices, local permits, and similar documentation are very convincing.
If tank was closed
in place with water prior to August 1971, but not documented to
Commerce on
ERS-7437, owner must
remove water and fill tank with inert
material or remove tank from site. A site assessment is required if
unable to provide second-party documentation.
If tank was closed with water during or after August
1971, a
site assessment is required to compliment the required closure
documentation.
If the tank was closed in place with water prior to
August
1971 and documented to Commerce on ERS-7437, owner is encouraged to
remove water and fill with inert material. This action should also be
documented on ERS-7437.
What
are the specific requirements for the closure of a tank after December
22, 1988?
Closure must be
supervised by a Comm. 5 Certified Tank
Remover/Cleaner. Notification must be given to Commerce authorized
agent (LPO) 15 days prior to closure. The UST must be cleaned. All
piping must be closed along with the tank. When required by Comm. 10, a
site assessment by a Comm. 5 Certified Site Assessor. Closure checklist
(ERS-8951) must be completed and signed by the Local Program Operator
(Commerce agent). Tank inventory (ERS-7437) must be completed and
submitted to Commerce.
I was
not aware of the rules and had my tank removed by a
contractor who is not certified. What do I need to do to satisfy the
requirements?
The remover must
complete the Removal Checklist (ERS-8951)
and the owner must complete the tank inventory form (ERS-7437). Both
forms must be submitted to Commerce along with a letter explaining the
circumstances. Upon review of all information submitted, Commerce will
determine if the removal and documentation are satisfactory. A site
assessment may be ordered to satisfy the closure, in the case where it
would not have been required if procedures under the rule had been
complied with.
My
tank was filled with water as allowed by the rule prior to
August 1971 but was not documented with Commerce. What am I required to
do now?
Provide second-party
documentation verifying the closure with
water. Water must be removed and tank closed either by removing or
filling with sand. Closure documentation must be submitted on
ERS-7437. No site assessment is required. A site
assessment
will be required if owner is unable to provide second-party
verification, or the tank was closed with water during or after August
1971.
My
tank was closed prior to August 1971 by filling with water
and documented to Commerce on ERS-7437. What are my requirements today?
The tank was closed
legally, however the site may pose
concerns. Water leaking from the tank may spread contamination. The
tank may corrode causing a void area which may collapse. The owner is
encouraged to fill the tank with sand or remove the tank from the site.
This action should be documented on Commerce ERS-7437.
I am
selling/buying property which has a tank that was closed
legally and did not require a site assessment. Now the Lender/Real
Estate Agent is requiring a site assessment. Is this legal?
Yes, it is legal.
Lenders and Real Estate Agents have not
been excluded from the liability of lawsuits where contamination was
discovered after a property transaction or change of lender. Factors
such as tank use, when it was closed, how it was closed, and site
history may also be site-specific issues.
Closure in place is
prohibited unless an extraordinary condition exists in gaining physical
access to the area or to the tank by removal equipment, or if the
physical removal of the tank will breach the structural integrity of a
building.
Closure in place must be requested in writing to the
authorized Comm 10 local program operator (LPO) responsible for closure
verification or to the Department of Commerce. Closure in place must be
authorized in writing to be valid. Closure in place does not exempt the
tank from cleaning and the respective site assessment requirement.
Closure in place may
be granted for the following:
- Overhead utilities at commercial sites.
- Adjacent / impeding transformers or
substations.
- Worker or individual safety.
- Encroachment upon neighboring property
under other ownership.
- Structural damage to the foundation of
adjacent building.
- Inaccessibility of necessary equipment.
- Removal would result in the destruction of
mature trees.
Closure in place will
not be granted for the following:
- Financial.
- Underground utilities.
- Overhead residential utilities.
- Removal of fences for access.
- Sidewalks/patios/decks/driveways.
- Gardens/flower beds/landscape.
- Encroachment to public right-of-way.
Tanks that have not
been previously registered prior to closure must be registered at the
time of closure.
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