Section ATCP 94.100 - Scope, application, and authority(1) SCOPE. This chapter primarily establishes quality standards for petroleum and other liquid fuel products that are used as liquid fuels for engines and heating equipment. It also establishes labeling requirements for used lubricating oils.(2) RULE-MAKING AUTHORITY. Under ch. 168, Stats., the department has authority to promulgate rules relating to grade specifications for petroleum and other liquid fuel products, and to administer and enforce the rules.(3) AUTHORITY TO ENTER. The department has authority to enter any premises of any manufacturer, vendor, dealer, or user of petroleum or other liquid fuel products during the regular business hours to determine whether the fuel product has been inspected in accordance with this chapter.(4) AUTHORITY TO SAMPLE AND TEST. The department has authority to obtain samples of petroleum and other liquid fuel products at any point within or without this state for the purpose of testing these products in accordance with this chapter.(5) AUTHORITY FOR ACCESS TO RECORDS. The department has authority to inspect the records of every person having custody of books or records showing the shipment, receipt, and inventory of petroleum or other liquid fuel products for the purpose of determining the amount of products shipped or received.(6) AUTHORITY TO PERFORM INVESTIGATIONS. Any accident or explosion involving petroleum or other liquid fuel products which comes to the knowledge of the department may be investigated by the department to determine whether there has been a violation of this chapter.(7) AUTHORITY TO PROVIDE ASSISTANCE TO LOCAL AUTHORITIES. The department has authority, upon request of other state agencies or local authorities, to assist in the investigation of hazardous situations involving suspected or known liquid fuel products.(8) AUTHORITY TO STOP SALE. Persons with enforcement authority under this chapter have authority to shut down liquid fuel storage tank systems by the issuance of orders, the disabling with locks, or applying a red-tag, under the following conditions: (a)Immediate shutdown to protect life, safety, or health. Liquid fuel storage systems that contain products which pose an immediate danger to life, safety, or health shall be subject to immediate shutdown. Products that pose an immediate danger to life, safety, or health include all of the following: 1. Heating oil that is contaminated with gasoline.2. Kerosene that is contaminated with gasoline.3. Aircraft fuel that is contaminated with any substance.(b)Immediate shutdown to blend or remove liquid fuel products or wastes. Liquid fuel storage systems that contain wastes or products which fail to meet the operational and technical standards of this chapter shall be immediately shut down until a pump out or blend is completed under the supervision of a person with enforcement authority under this chapter. The system may be reopened as soon as the product contained in the tank is verified by a person with enforcement authority under this chapter as meeting this chapter's operational and technical standards. Note: To obtain supervision of a person with enforcement authority under this chapter, contact the department. See the department website at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx for the contact information for the inspectors.
(c)Immediate shutdown after a prohibited act. Liquid fuel storage systems are subject to immediate shutdown after any corresponding violation of s. ATCP 94.400 occurs.(d)Immediate shutdown after failure to maintain records. Liquid fuel storage tank systems are subject to immediate shutdown if corresponding inventory, delivery, or manifest records are inaccurate, incomplete, have been falsified, or are not available for inspection within 24 hours after - See PDF for diagram being requested by a person with enforcement authority under this chapter. Note: Under ss. ATCP 93.500 (9) and 94.340 (4), all product inventory records, including delivery receipts, must be kept at the site of a retail storage tank system for a duration of at least 10 years. Under ss. ATCP 94.100 (5) and 94.340 (4), these records must be made available for inspection by the department. Section ATCP 93.500 (9) also requires maintaining several other types of records for retail storage tank systems.
Note: For further requirements about the inventory verification that is required for any tank system from which fuel products are offered for sale to the public, see section ATCP 93.503. For further information about inventory control or statistical inventory reconciliation, which are prescribed methods of leak detection, see section ATCP 93.515 (2) or (6), respectively.
(e)Immediate shutdown for labeling discrepancies. Liquid fuel storage tank systems are subject to immediate shutdown if the product identification at the tank fill is labeled differently than the product identification at the device dispensing fuel from the tank.(f)Shutdown after continued violation.1. Tank systems or components are subject to shutdown for a continuing code violation under this chapter, provided all of the following conditions are met: a. An order, allowing a period for compliance of at least 15 days, is issued with a specific compliance date.b. The reinspection made after the specified compliance date shows that compliance has not been achieved.2. If compliance is not achieved by the 15-day compliance date as in subd. 1. a., any additional inspections may result in a reinspection fee per the special inspection fees listed in s. ATCP 93.1605 (5).(g)Appeals. Any appeal to a shutdown order must be filed pursuant to s. ATCP 93.190.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 94.100
Cr. Register, July, 1980, No. 295, eff. 8-1-80; emerg. cr. (7), eff. 9-13-95; cr. (7), Register, May, 1996, No. 485, eff. 6-1-96; CR 05-081: renum. from Comm 48.01, renum. (7) (c) to be (7) (d), am. (4), (5) and (7), cr. (7) (c) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: am. (title), renum. (1) to (7) (c) and (d) to be (2) to (8) (c) and (e) and am., cr. (1), (8) (d) Register December 2010 No. 660, eff. 1-1-11; correction in (8) (c) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672; correction in (8) (c) made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.Amended by, CR 21-096: am. (8) (b) to (d), r. and recr. (8) (e), cr. (8) (f), (g) Register February 2024 No. 818, eff. 3/1/2024