2010 Wisconsin Code
Chapter 101. Department of commerce--regulation of industry, buildings and safety.
101.144 Petroleum storage tank discharges.

101.144

101.144 Petroleum storage tank discharges.

101.144(1)

(1) In this section:

101.144(1)(a)

(a) "Discharge" has the meaning given in s. 292.01 (3).

101.144(1)(ae)

(ae) "Enforcement standard" has the meaning given in s. 160.01 (2).

101.144(1)(am)

(am) "Hazardous substance" has the meaning given in s. 299.01 (6).

101.144(1)(aq)

(aq) Except as provided under sub. (3g), "high-risk site" means the site of a discharge of a petroleum product from a petroleum storage tank if at least one of the following applies:

101.144(1)(aq)1.

1. Repeated tests show that the discharge has resulted in a concentration of contaminants in a well used to provide water for human consumption that exceeds a preventive action limit, as defined in s. 160.01 (6).

101.144(1)(aq)2.

2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements.

101.144(1)(aq)3.

3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5), or within 100 feet of any other well used to provide water for human consumption.

101.144(1)(aq)4.

4. An enforcement standard is exceeded in fractured bedrock.

101.144(1)(b)

(b) "Petroleum product" has the meaning given in s. 101.143 (1) (f).

101.144(1)(bm)

(bm) "Petroleum storage tank" means a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system. "Petroleum storage tank" does not include a pipeline facility.

101.144(1)(c)

(c) "Remedial action" means action that is taken in response to a discharge and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands and waters of this state.

101.144(1)(d)

(d) "Responsible person" means a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located.

101.144(2)

(2)

101.144(2)(a)

(a) The department shall administer a program under which responsible persons investigate, and take remedial action in response to, those discharges of petroleum products from petroleum storage tanks that are covered under par. (b). The department may issue an order requiring a responsible person to take remedial action in response to a discharge of a petroleum product from a petroleum storage tank if the discharge is covered under par. (b). In administering this section, the department shall follow rules promulgated by the department of natural resources for the cleanup of discharges of hazardous substances.

101.144(2)(b)

(b) The program under this section covers a discharge of a petroleum product from a petroleum storage tank if all of the following apply:

101.144(2)(b)1.

1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium risk or low risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.

101.144(2)(b)2.

2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank.

101.144(3)

(3) The department of natural resources may take action under s. 292.11 (7) (a) or may issue an order under s. 292.11 (7) (c) in response to a discharge that is covered under sub. (2) (b) only if one or more of the following apply:

101.144(3)(a)

(a) The action or order is necessary in an emergency to prevent or mitigate an imminent hazard to public health, safety or welfare or to the environment.

101.144(3)(b)

(b) The department of commerce requests the department of natural resources to take the action or issue the order.

101.144(3)(c)

(c) The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce.

101.144(3)(d)

(d) The department of natural resources takes action under s. 292.11 (7) (a) after the responsible person fails to comply with an order that was issued under s. 292.11 (7) (c) in compliance with this subsection.

101.144(3)(e)

(e) The department of natural resources takes the action under s. 292.11 (7) (a) because the identity of the responsible person is unknown.

101.144(3g)

(3g)

101.144(3g)(a)

(a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce shall promulgate rules incorporating any agreement between the department of commerce and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

101.144(3g)(b)

(b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce shall revise the rules using the procedure for promulgating the rules in par. (a).

101.144(3m)

(3m)

101.144(3m)(a)

(a) The department of commerce and the department of natural resources shall enter into a memorandum of understanding that does all of the following:

101.144(3m)(a)1.

1. Establishes the respective functions of the 2 departments in the administration of this section and s. 101.143.

101.144(3m)(a)2.

2. Establishes procedures to ensure that remedial actions taken under this section are consistent with actions taken under s. 292.11 (7).

101.144(3m)(a)3.

3. Establishes standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as medium risk or low risk and establishes procedures and schedules for classifying sites of discharges of petroleum products from petroleum storage tanks.

101.144(3m)(b)

(b) The department of commerce and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

101.144(4)

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

101.144 - ANNOT.

History: 1995 a. 27 ss. 3685 and 9116 (5); 1995 a. 227; 1999 a. 9.

101.144 - ANNOT.

Cross Reference: See also chs. Comm 46 and 47, Wis. adm. code.