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WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF COMMERCE
CHAPTER COMM 10 FLAMMABLE, COMBUSTIBLE AND HAZARDOUS LIQUIDS
SUBCHAPTER I -- ADMINISTRATION AND ENFORCEMENT
Date:
08/31/2009
Document:
Wis. Adm. Code Comm 10.115 (2011)
Comm 10.115 Enforcement and inspections
(1) GENERAL ENFORCEMENT. (a) Enforcing agents. This chapter shall be enforced by the authorized agent and the department and by other code officials having jurisdiction and authority under this chapter.
(b) Access. The authorized agent or the department or other code official is authorized to enter any building, facility or premises and examine any tank system or component and associated records for the purpose of enforcing this chapter.
(c) Re-exposure. If any tank system or component that is subject to inspection is covered or concealed without the prior knowledge and authorization of the authorized agent or the department or other code official, the agent or department or official has the authority to require such work be exposed for inspection.
(d) Tampering. Signs, red-tags or seals posted or affixed by the authorized agent or the department or other code official may not be removed, mutilated or tampered with unless authorized by the agent, the department or official.
Note: Code officials with Comm 10 enforcement responsibility have the authority to shut down a system or to prohibit specific actions relating to the operation of a system, dispensing product from the system, or adding product to a tank, by securing a "red-tag" to a component of the system marking the respective component inoperable until compliance has been achieved. A Comm 10 code official is the only individual authorized to grant the removal of the red-tag.
(2) INSPECTIONS. (a) General. 1. Tank system inspections for administering and enforcing this chapter shall be conducted by certified tank system inspectors.
2. Fire safety inspections involving flammable, combustible or hazardous liquids shall be conducted by either the authorized agent or the department or by an authorized member of the local fire department.
3. This chapter is not intended to limit or deny the ability of department deputies to conduct the activities under s. 101.14 (1) (a) and (b), Stats., for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, or any violation of any law or order relating to fire hazards or to the prevention of fire.
Note: See chapter Comm 14 for requirements for fire prevention not otherwise covered in this chapter.
(b) New and replacement installations. 1. Inspections shall be conducted during the installation of new or replacement storage tanks or piping systems within the plan review scope of s. Comm 10.100.
2. There shall be a minimum of 3 inspections performed on underground storage tank systems or on any system that has underground piping, at the following installation points:
a. At a pre-construction meeting. For installations involving underground tanks or piping, the department's pre-construction installation form (ERS-6294 PCM) shall be filled out by the certified installer, and a copy shall be provided to the certified tank system inspector at the end of the meeting. Where an LPO has jurisdiction, the LPO shall send a copy of the form to the department.
Note: Form ERS-6294 PCM -- Pre-Construction UST/PIPE Installation is available from the Division of Environmental and Regulatory Services at P.O. Box 7837, Madison, WI, 53707-7837, or at telephone (608) 266-7874, or from the Division's Web site at http://www.commerce.state.wi.us/ER/ER-BST-FM-Comm10Forms. html.
b. During the line-pressure tests.
c. At the pre-commissioning start up in accordance with the applicable standard listed in s. Comm 10.200.
3. The certified installer shall notify the authorized agent or the department, on form ERS-9198, at least 5 business days before starting an installation, to arrange for inspections.
Note: Form ERS-9198 -- Comm 10 Notification Record is available from the Division of Environmental and Regulatory Services at P.O. Box 7837, Madison, WI, 53707-7837, or at telephone (608) 266-7874, or from the Division's Web site at http://www.commerce.state.wi.us/ER/ER-BST-FM-Comm10Forms.html.
4. a. Before a shop-built tank system is placed into operation, including back into operation after undergoing a modification or upgrade that is required to have plan approval or registration, the authorized agent or the department shall inspect the installation, and shall record the results by completing and signing the installation checklist, form ERS-9658, or ERS-6294 UST, as received from the installer, under s. Comm 10.400 (5) (f) or 10.500 (6) (e).
b. The original of the installation checklist, form ERS-9658, or ERS-6294 UST, shall be completed and submitted to the department. A copy of the checklist shall be furnished to the owner, and a copy shall be retained by the authorized agent if there is one.
5. The owner or operator of a facility shall notify the authorized agent or the department before placing a tank into service.
Note: Section Comm 10.145 specifies where a permit to operate must also be applied for before placing a tank into service.
(c) Operating facilities. Inspections at operating facilities, as determined by the authorized agent or the department, shall be conducted periodically by the authorized agent or the department to determine if the installation remains in conformance with the provisions of this chapter.
(d) Written order. When the tank system is inspected by a certified tank system inspector, any violations of this chapter shall be specifically listed, along with an allotted time to correct the violation.
(3) SYSTEM SHUTDOWN. Persons with enforcement authority under this chapter may shut down any part of a tank system, using the department-issued red-tag procedure, under any of the following conditions:
(a) Immediate shutdown. The following tank systems shall be subject to immediate shutdown:
1. Tank systems or their components that pose an immediate danger to life, safety or health. Conditions that cause immediate danger to life, safety, or health include visual evidence of leakage of a regulated substance, immediate human exposure to a regulated substance in the environment, defective equipment resulting in release of a regulated substance, overfill prevention that is not functioning properly or inadequate tank venting.
2. Tank systems that do not have leak detection, corrosion protection or spill and overfill protection installed as required under this chapter.
Note: Immediate shutdown is not authorized under subdivision 2. where equipment is installed properly but is operating improperly, such as a sacrificial anode system that fails to meet the negative 850-millivolt threshold in section Comm 10.520 (2).
3. Tank wagons and movable tanks that are located, used or moved in a manner which presents an immediate environmental or safety hazard.
4. Tank systems undergoing installation that are not in compliance with this chapter, until the certified installer, professional engineer or owner obtains a petition for variance or code interpretation from the department showing that the action in question provides an equivalent degree of fire and environmental protection as the requirement in this chapter.
5. Tank systems that have experienced a lapse in financial responsibility required under subch. VII, until financial responsibility is obtained and the tank system is issued a permit to operate.
6. Tank systems used to store liquids that have been shown to be corrosive, reactive or otherwise incompatible with materials used in the construction of the tank system.
7. Tank systems with any breach that has the potential for liquid or vapor release, discovered as a result of an actual leak or a leak detection test, until the breach is repaired or otherwise corrected.
8. Tank systems that undergo a change of ownership in violation of s. Comm 10.150, until all the requirements of that section are met.
(b) Shutdown after investigation or inspection. The following tank systems shall be subject to shutdown after investigation or inspection:
1. Tank systems or their components for which there is clear evidence of a release to the environment.
Note: Data sources that can yield evidence of these releases include inventory records, precision tightness testing results, and leak detection system results.
2. Tank systems that show evidence of attempts to mislead the authorized agent or the department regarding code compliance.
Note: Examples of this evidence include obviously falsified records, sensors that are altered or rendered inoperative, or spill and overfill prevention equipment that has been tampered with or altered.
(c) Shutdown after continued violation. 1. Tank systems or components for which there is a continuing code violation under this chapter are subject to shutdown provided all of the following conditions are met, except as specified in subd. 2.:
a. An initial order, allowing a period for compliance of at least 10 days, is issued with a specific compliance date.
b. The first re-inspection made after the specified compliance date shows that compliance has not been achieved.
c. A second specific compliance date, allowing at least 5 days, is set.
d. Re-inspection after the second compliance date shows that compliance has still not been achieved.
e. The owner has not filed a written appeal with the department within 15 calendar days of receiving the original order.
2. If the owner files a written appeal with the department within 15 calendar days of receiving the original order, enforcement action shall proceed until such time as a decision is issued in relation to the appeal, overturning or modifying the order.
Note: See section Comm 10.190 for further requirements relating to appeals.
(d) Required information. The owner or operator shall provide the authorized agent or the department with all of the following information when a system is shut down:
1. The type and volume of product in the tank system.
2. The date of last delivery into the tank system.
3. The name of the transport provider.
(4) PRODUCT DELIVERY INTO NONCOMPLYING TANK SYSTEMS. (a) It is a violation of this chapter for any person to knowingly deliver or place a regulated substance into a tank system that has been shut down by an enforcement action under this section.
(b) The department may authorize delivery in human welfare or emergency situations, on a case-by-case basis, such as for emergency generator systems serving healthcare facilities.
(5) EQUIPMENT TAMPERING. It is a violation of this chapter for any person to tamper with or disable systems that provide corrosion protection, leak detection or spill and overfill protection.
(6) STOP-WORK ORDER. (a) When the code official determines that tank systems, components or work methods regulated under either this chapter or ch. Comm 5 are contrary to the provisions of these chapters, or are unsafe or dangerous in any manner, the official is authorized to issue an order to stop the work or activity until the unsafe or dangerous act or condition is corrected.
(b) The stop-work order shall be issued verbally to the individual responsible for supervising the actions.
(c) If the actions cannot be corrected immediately and witnessed by the code official, the code official shall issue a written order within 6 hours of the verbal stop-work directive.
(d) The written order shall state the reason for the order and the conditions under which the cited work activity is authorized to resume.
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