Section ATCP 33.44 - Secondary containment structures; forms of construction A secondary containment structure shall take one of the forms authorized in this section.
(1) CONCRETE STRUCTURES.(a) A secondary containment structure may be constructed of concrete.(b) A concrete secondary containment structure constructed on or after November 1, 2006 shall be constructed of portland cement concrete and shall comply with standards specified in chapters 5 and 6 of the Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005). Note: The Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005), written by professor David W. Kammel, department of biological systems engineering, University of Wisconsin-Extension, is on file with the department and the legislative reference bureau. Copies are available free of charge from the department at the following address:
Department of Agriculture, Trade and Consumer Protection
Agricultural Resource Management Division
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4500
Web: https://datcp.wi.gov/Pages/Homepage.aspx
(c) If a concrete secondary containment structure is constructed on or after November 1, 2006, the operator or a person chosen by the operator shall inspect the construction for conformity to the design specifications filed with the department under s. ATCP 33.10(1). The person conducting the inspection shall inspect and approve the construction of the soil sub-base, the laying of structural steel, and the laying of waterstop materials and devices before concrete is poured. The operator shall provide a copy of the inspection report and approval to the department. Note: The department recommends that construction inspection be performed by a qualified person experienced in reading plans and inspection construction.
(3) Structures with synthetic liners. A secondary containment structure may be constructed of earth or other materials if the structure is fully lined with a synthetic liner and all of the following apply:(a) The operator installs the liner and tests liner seams according to manufacturer specifications. A qualified representative of the liner manufacturer shall perform or supervise the installation and testing.(b) The liner is at least 30 mils (0.8 millimeter) thick.(c) The manufacturer certifies in writing that the liner is chemically compatible with all fertilizers or pesticides that the operator may store within the secondary containment structure. The operator may not store, within the liner, any fertilizer, pesticide or chemical for which the liner is not certified.(d) The liner manufacturer guarantees liner effectiveness until a date specified by the manufacturer. The operator may not use the liner beyond that date unless the operator conducts an inspection of the liner within the first year after that date, and at least once every 5 years thereafter. Each inspection shall comply with all of the following requirements:1. The operator shall remove all gravel and geotextile from those portions of the liner that are not covered by storage containers, and shall inspect those portions of the liner.2. The operator shall remove a storage container, and inspect those portions of the liner that were covered by the storage container, if an inspection under subd. 1. discloses a problem that extends under the storage container. 3. A department inspector shall attend the inspection.(e) The operator repairs and maintains the liner and seams, as necessary, to ensure that the liner complies with this subsection and remains effective. The operator shall perform repairs according to manufacturer specifications. A qualified representative of the liner manufacturer shall perform or personally supervise each repair.(f) The liner rests on one of the following bases, installed according to good engineering practice to provide stable support for the liner: 1. A synthetic geotextile.2. A layer of soil, sand or smooth gravel at least 6 inches (15.24 centimeters) thick. The layer shall consist of particles less than 1/2 inch in diameter, and shall be free of sharp objects that may penetrate the liner.(g) The liner is separated, by both of the following, from every storage container whose weight bears on the liner: 1. A synthetic geotextile that rests on the liner.2. A layer of soil, sand or smooth gravel at least 3 inches (7.62 centimeters) thick that rests on the synthetic geotextile. If the soil, sand or gravel is held in place by a steel, synthetic or other structure, the geotextile liner under subd. 1. shall extend beneath that structure. (h) The liner is protected, as necessary, against damage from human and motor vehicle traffic.(i) The liner is protected against damage from sunlight and other sources, as necessary, according to manufacturer recommendations.(4) PREFABRICATED STRUCTURES. A secondary containment structure may consist of one or more basins pre-fabricated of steel or rigid synthetic material if all of the following apply:(a) The steel or synthetic material resists corrosion, puncture and cracking. Prefabricated steel structures shall be at least 1/8 inch thick at every point.(b) The steel or synthetic material is chemically compatible with all fertilizers or pesticides that may be stored within the basin. The basin manufacturer shall certify chemical compatibility in writing, and the operator shall submit a copy of the certification to the department.(c) If 2 or more basins are connected to form the secondary containment structure, the connection permits free movement of any discharged liquid between the basins.(5) STEEL STRUCTURES CONSTRUCTED IN PLACE. A secondary containment structure may be constructed of steel, if it is constructed in place. A steel secondary containment structure constructed on or after November 1, 2006 shall be at least 1/8 inch thick at every point.(6) STRUCTURES WITH EARTHEN LINERS.(a) A secondary containment structure may be constructed of earth or other materials if one of the following applies and the structure has an earthen liner that complies with par. (b): 1. The structure was in use prior to November 1, 2006.2. The structure contains only fertilizer storage containers that were constructed on site.(b) An earthen liner under par. (a) shall comply with all of the following: 1. The liner shall be designed and constructed, according to good engineering practice, to achieve a coefficient of permeability of not more than 1 x 10 -6 cm/sec.2. The liner shall be at least 6 inches (15 centimeters) thick.3. The liner shall be covered by an inorganic soil layer not less than 6 inches (15 centimeters) thick.4. The liner shall be maintained to prevent cracking.5. The liner may not be constructed of silt, silty sand or other frost-susceptible soils.6. If the liner is made of natural soil, not less than 50% by weight of the natural soil shall pass through a number 200 soil sieve and not less than 95% by weight of the natural soil shall pass through a number 4 sieve. A natural soil liner shall contain not more than 2% organic material and shall have a plasticity index of at least 15.7. The liner, if treated with bentonite, shall have a uniform mixture of natural soil and bentonite. The natural soil shall have a plasticity index of at least 12. Not less than 30% by weight of the natural soil shall pass through a number 200 soil sieve, and not less than 95% by weight of the natural soil shall pass through a number 4 soil sieve. Not less than 90% by weight of the bentonite shall pass through a number 80 soil sieve, and the soil-bentonite mixture shall contain at least 5% bentonite by weight.8. The liner shall be reconstructed at least once every 15 years.9. The operator shall remove storage containers from the secondary containment structure before reconstructing or recompacting the liner, except that the operator is not required to remove a storage container that has a capacity of 50,000 gallons or more.10. Before the operator reconstructs or recompacts the liner, the operator shall analyze the liner material for compliance with subds. 6. and 7., and to determine whether corrective action is required under ch. ATCP 35.(7) BUILDING FLOOR; MINI-BULK AND MOBILE CONTAINERS. A warehouse or other building may be used as a secondary containment structure for all of the following if the building complies with this section and can contain a discharge of liquid fertilizer or pesticide: (a) Mini-bulk containers of fertilizer or pesticide.(b) Mobile containers kept in the building for not more than 7 days.(8) MIXING AND LOADING PADS USED FOR SECONDARY CONTAINMENT. An operator may use a mixing and loading pad as a secondary containment structure if the mixing and loading pad complies with s. ATCP 33.32 and this section.(9) TANK-IN-TANK. An operator may use a tank-in-tank, without any other secondary containment structure, if all of the following apply: (a) A liquid level monitoring device automatically stops the flow of fertilizer or pesticide into the inner tank when the inner tank is filled to the maximum level allowed under s. ATCP 33.20(9).(b) The tank-in-tank is equipped to ensure safe and effective detection and recovery of liquid leaked from the inner tank to the outer tank.(c) The operator inspects the tank-in-tank and leak detection system at least monthly.(d) The operator does all of the following in response to a leak:1. Promptly reports the leak to the department.2. Empties the tank-in-tank no later than a date specified by the department in writing.3. Thoroughly cleans the tank-in-tank, and has it repaired by a person certified to perform repairs under API 653, before restoring the tank-in-tank to service.(10) BLADDER TANK. An operator may use a bladder tank, without any other secondary containment structure, if all of the following apply:(a) The outer steel part of the bladder tank complies with s. ATCP 33.20.(b) The bladder within the tank is at least 40 mils thick.(c) The manufacturer certifies that the bladder is chemically compatible with all materials that may be stored in it, and will withstand normal operational stresses without failing.(d) A qualified installer installs the bladder tank and its appurtenances.(e) All appurtenances that extend through both the bladder and the tank have shut-off valves. The shut-off valves shall be enclosed within a structural steel box that can withstand the maximum hydrostatic head pressure of liquid within the bladder tank. The box shall be readily accessible to the operator, but secured against unauthorized access.(f) A liquid level monitoring device automatically stops the flow of fertilizer or pesticide into the bladder when the bladder is filled to the maximum level allowed under s. ATCP 33.20(9).(g) There is room for a person to enter the space between the bladder and tank when the bladder is empty.(h) The tank has a soft liner to protect the bladder from contact with the steel interior surface of the tank.(i) The tank is equipped to ensure safe and effective detection and recovery of liquid leaked from the bladder to the tank.(j) The operator inspects the tank and leak detection system at least monthly.(k) The operator does all of the following in response to a leak:1. Promptly reports the leak to the department.2. Empties the bladder and tank no later than a date specified by the department in writing.3. Has the bladder repaired by a qualified person before restoring the bladder tank to service.4. Cleans affected portions of the bladder, soft liner and interior tank surface before restoring the bladder tank to service.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 33.44
CR 05-108: cr. Register October 2006 No. 610, eff. 11-1-06.Amended by, CR 14-047: am. (1) (b), r. (2) Register, Register May 2015 No. 713, eff.6/1/2015Amended by, correction in (1) (b) (Note) made under s. 35.17, Stats., Register May 2022 No. 797, eff. 6/1/2022