Topics Covered:
- Underground Storage Tanks
- Rural Sanitary Disposal Systems
- Wetlands

Underground Storage Tanks
The information here is not all inclusive. It will present you with basic information. The DILHR, Bureau of Petroleum & Fire Inspection (608-267-5280) should be contacted for more detail.

Underground Storage Tanks (USTs) -- A UST is a system of one or more tanks located at least 10 percent beneath the surface of the ground, which contains flammable or combustible liquid.

Some property owners use their USTs for storing home heating oil, motor fuel or other petroleum products. Other owners of USTs have stopped using their tanks and had them removed from the ground. Unfortunately, there is also a significant number of owners who have stopped using their USTs but have failed to properly remove or close them. These USTs can be a major concern for buyers and sellers in real estate transactions. Until these abandoned USTs are properly closed, it will not be known whether they might be leaking petroleum. Discharges from leaking USTs can result in contaminated soils and drinking water and can present a fire hazard. The owners of leaking USTs are responsible for cleanup costs which can be extremely high.

This report is limited to residential and farm USTs storing heating oil for consumption on the premises and USTs of 1,100 gallons capacity or less used for storing motor fuel for noncommercial purposes.

How Does the Presence of an Abandoned UST Affect You as a Seller?
If there is an abandoned UST on your property, you should make sure it is registered with the Department of Industry, labor and Human Relations (DILHR). In addition, Wisconsin's Seller Disclosure law requires most sellers of residential real estate to provide prospective buyers with a completed Real Estate Condition Report form. This form, which asks you about various aspects of the property's condition, includes a provision on USTs (statement No. 8). If there is an abandoned UST, the buyer may ask you to have the tank properly closed as a condition of the offer to purchase. If you deliberately fail to disclose to the buyer that there is an abandoned UST on the property, you can be sued for the cleanup costs incurred by the buyer.

How Does the Presence of an Abandoned UST Affect You as a Buyer?
If the seller is aware of an abandoned UST on the property, this information must be disclosed to you. Wisconsin's Seller disclosure law requires most sellers of residential real estate to provide buyers with a completed Real Estate Condition Report form. This form provides you with information about various aspects of the property's condition, including a provision on abandoned USTs (statement No. 8).

If there is an abandoned UST and you are still interested in purchasing the property, you can ask the seller to properly close the UST as a condition of the offer to purchase, or you can purchase the property and then have the UST closed. With the later option, you are responsible for the cleanup costs for any contamination discovered when the tank is removed. You must register any change of UST ownership with DILHR.

How is an Abandoned UST Detected on a Property?
Wisconsin law requires an abandoned UST to be properly closed. The failure to remove an abandoned UST does not prevent the sale oft he property. As a result of the sale, the buyer becomes responsible for the UST. The buyer's lender, however, may refuse the buyer's loan unless the UST is first removed or otherwise brought into compliance with state law.

Must an Abandoned UST Be Removed Before the Property Can Be Sold?
Wisconsin law requires an abandoned UST to be properly closed. The failure to remove an abandoned UST does not prevent the sale of the property. As a result of the sale, the buyer becomes responsible for the UST. The buyer's lender, however, may refuse the buyer's loan unless the UST is first removed or otherwise brought into compliance with state law.

What is Required to properly Close an Abandoned UST?
If a UST is no longer in use it must either be removed from the ground or closed in place. Wisconsin law requires that an abandoned UST must be removed or closed by a certified tank remover. The tank remover will clean out and remove the tank, properly dispose of the removed waste material and tank, and complete the paperwork required by DILHR. However, if removing the tank would cause structural damage to nearby buildings or cause other hardship, the certified tank professional may close the UST in place by cleaning it out, filling it with inert material and leaving it in the ground. A list of certified tank removers is available from DILHR, Bureau of Petroleum Inspection & Fire Protection, at (608) 267-5280.

What Happens if a UST is Leaking When it is Removed?
Any petroleum leakage which is observed during the UST closure process or at any other time must immediately be reported to the local Department of Natural Resources (DNR) District Office or by calling the Division of Emergency Government hotline at (608) 266-3232. the current UST owner will be required to work with the DNR in developing a plan to clean up the spill. The owner is responsible for paying for any cleanup efforts, and the costs can be sizable. However, eligible tank owners can receive total or partial reimbursement for their cleanup costs through the Petroleum Environmental Cleanup Fund Act (PECFA).

What is PECFA?
PECFA provides total or partial reimbursements to eligible storage tank owners and operators for the costs of cleaning up environmental petroleum contamination caused by storage tank spills and leaks. To be eligible for assistance, UST owners must file a report with the DNR regarding the petroleum discharge and must register the tank with DD. Under PECFA, the UST owner must obtain comparative bids and select the most cost-effective method of dealing with the spill. The maximum award available to owners of home heating oil tanks is currently $7,500.

Leak Detection, Corrosion Protection, Spill Protection, and Overfill Protection for Existing Farm and Residential Underground Vehicle Fueling Tanks (1,100 gal. and less capacity) and Heating Fuel Tanks for consumptive Use on the Premises.

Farm and Residential use and Heat Fuel Tanks greater than 4,000 gal. capacity

Corrosion Protection
No later than May 1, 2001 all tanks must meet the corrosion protection requirements of ILHR 10 effective May 1, 1991:
* Replace existing tank with new tank meeting code requirements for corrosion protection, or

* Upgrade with interior lining plus internal inspection after 10 years and every 5 years thereafter, or

* Upgrade with cathodic protection if the tank was installed after May 1, 1981, or

* Upgrade with internal lining and cathodic protection and

* Underground piping shall be upgraded with cathodic protection.

Spill and Overfill Protection
Underground tank must be provided with DILHR approved devices or designs to prevent spilling associated with transfer hose detachment from the fill pipe during product transfer to the UST system. Underground tank must be provided with DILHR approved device to alarm or prevent the filling of the tank more than 95% of capacity.

Release Detection
Release detection for heating fuel tanks, and associated piping, greater than 4,000 gallons capacity must be implemented by May 1st of the following dates:

* Automatic tank gauging, or

* Vapor monitoring, or

* Interstitial monitoring.

taken from WISCONSIN REALTOR, March 2000, Page 7 by Rick Staff

Legislation enacted through 1999 Budget Bill (1999Wis Act 9) excludes underground heating fuel taks that are located on residential properties, and that have a capacity of less than 1,100 gallons, from the leak testing requirements in Wis. Admin. Code Comm 10 - Subchapter VII. Residential properties are considered to be one- and two-family unit properties. Excluded USTs on residential properties must be close when they are no longer used to provide fuel for heat.

All underground heating fuel tanks with a capacity of 1,100 gallons or more located at one- or two- family residential properties must have a tightness test conducted prior to May 1, 2001 and every two years thereafter. If a tank does not successfully pass the tightness test an investigation must be conducted and the problem corrected. This may involve the removal of the tank and remediation of any contamination.

Underground storage tank systems with a capactity of 1,100 gallons or more used for storing heating fuel for consumptive use at non-residential properties (includes residential prmises with three or more units, commercial business, service companies, etc.) must be tested for leaks no later than May 1, 2001. Farm and commercial business underground storage tank (UST) systmes with a capacity of less than 1,100 gallons used for storing motor fuel for noncommercial purposes must be upgraded no later than May 1, 2001. All undergound fuel oil tanks are regulated by Comm.10 - Subchapter VII.

The Wisconsin Dept. of Commerce should be contacted for more detail. Check their website: http://www.commerce.state.wi.us/er/er%2Dbst%2Drealestatepage.html for further links and downloadable information.

The Department of Commerce's real estate agent's page provides links and information associated with storage tank regulations specifically for rea-estate licensees. Information covered includes:
*Overview of tank regulations for residential property owners.
*Overview for rea-estate agents of tank regulations for rsidential property.
*Propgram/Policy Letters addressing residential property.
*Classification of USTs on residential property.
*Abandoned underground storage tank policy.
*Year 2001 underground storage tank upgrade requirements.
*Closure (removal) requirements for underground storage tanks.
*Permit & registration staff telephone and e-mail information.
*Underground storage tank inventory form.
*Aboveground storage tank inventory form.
*Storage tank database.

REGISTRATION REQUIREMENTS
The Wisconsin Administrative Code ILHR 10 requires that all underground tanks (UST) storing regulated products be registered with the Department of Commerce. A registration form must be completed and submitted to the Department. Upon completion of the putchase of the property, the new owner must complete a change-of-ownership registration. The Department does not charge a fee for registration. The Department of Commerce maintains the state storage tank database which can be found on the Internet at http://commerce.state.wi.us/ER/ER-EN-tanks-info.html.

SEPTIC SYSTEMS
Racine County is a mostly rural community. Sanitary Disposal systems include sewer, septics, mounds and holding tanks. Until now, some of our rural townships allowed a mound conversion to be used as sanitary service, also. The sewer likely needs no explanation. Each sewer service area is served by a Sanitary District. All properties within that Sanitary District are assessed monthly use fees. Any new construction requires that an assessment fee is paid, up-front, at the issuance of the building permit. Each municipality has their own fees and their own procedures. It is important that you do your homework before proceeding with construction in a sewered area.

Below is a description of the 2 traditionally acceptable disposal systems and the 2 newest ideas that are part of the Comm 83 discussion. Click here to view a PDF (166K) of the Racine Journal Times illustration of these systems. Adobe Acrobat Reader is required to view the PDF file.

* TRADITIONAL MOUND SYSTEM: Waste is pumped from the home to a holding tank. As the tank fills, a pump siphons wastewater to a mound of soils; solid waste remains in the septic tank which is emptied about every three years. Wastewater is cleaned as it filters through the soil and re-enters the groundwater supply. More than 720,000 Wisconsin residents and businesses use this system.

* CONVENTIONAL IN-GROUND SYSTEM: Waste is pumped from the building to a septic tank. Gravity pulls wastewater downhill to an underground soil filter system, where it percolates through the ground system. It is the least expensive and most common system in use in the state; it is also the source of most sewage problems.

* AEROBIC SYSTEM: Waste circulates through the system like a traditional mound system, while blowers and propellers circulate air to breakdown waste. Comm 83 allows the use of these systems.

* SAND FILTER (Single Pass) SYSTEM: Waste is pumped from the building to a holding tank. As the tank fills, wastewater is pumped through a large box of sand, which partially filters the wastewater. The water is then pumped to a mound, where it is further filtered as sit percolates through the soils. Comm 83 would make this system available for statewide use.

* MOUND CONVERSION: Some of the townships in our area, in the past, have allowed what has been called the Mound Conversion. For some areas, a percolation test indicates that the soils are not quite suitable for the regular mound system. It is sometimes a practice to install a holding tank and then, at a later date, covert to a mound system. The percolation requirements for a replacement system are less stringent that for a new construction system. The homeowner applies for a replacement system and the mound is subsequently installed.

* HOLDING TANK. A holding tank is, simply put, a tank that holds everything that you flush into it. It is necessary to pump these systems on a regular basis. A monthly pumping is the general rule, dependent, of course, on the number of people using the system and the amount of solids and liquid that are put into the system. Some municipalities will allow the holding tank to be used for new construction. In other areas, it is most likely used as a "fix" for a presently failed system.

All systems require maintenance and care when using them. The county code compliance office can explain the proper maintenance, as can the installers of the systems.

With the inception of Comm 83, sanitary disposal systems are being reviewed by state, county and local government bodies. (If you have questions regarding the mound conversion practice, or any of the other systems described above, I suggest that you contact the Racine County Code Compliance office at 1-800-522-6240. The two companies that are most active in this part of Racine County regarding the installation of sanitary disposal systems and percolation tests are: CJ's SOIL TEST & SEPTIC SYSTEM, (Chris Johnson) @ 262-534-2008 and NORTH CAPE TILE, (Steve Johnson) @ 262-534-5942. Both of these people are experts in their field. I encourage you to talk to them for more information, too.

What are Wetlands Anyway?
By Eric J. Miller, The Journal Times
What's all this fuss about the importance of wetlands and regulations made to preserve them? Why can't we just fill up these mosquito infested, sometimes smelly places: build houses on them and deny they ever existed? Because we can't!

Wetlands are vitally important to us. They serve as holding areas for rainwater during downpours so we don't end up with raging torrents eroding or overflowing our stream banks. The 1993 Mississippi River floods which cost billions of dollars were blamed on the loss of wetlands which could have acted as a reservoir for the extra water that had nowhere else to go. No wonder wetlands are regulated! (See Section 404 of the Clean Water Act).

Wetlands contain an enormous variety of plant and animal life. On a global scale, the variety of life in wetlands rivals that of the rain forests. They serve as homes and stopping off places for migrating waterfowl, and provide recreation for bird watchers, hunters, biologists, and others.

Wetlands act as settling ponds for suspended particles and help purify the water that seeps into our water table or flows into our streams. They filter out excess nutrients in runoff that would otherwise pollute our streams and lakes.

Wetlands don't necessarily have to be "wet". Visible water is not a requirement for an area to be called a wetland. Some can be bone dry most of the year. Wetlands are generally recognized by the type of soil present and the plants and animals living there.

Wetlands are threatened by encroaching development, excessive erosion, sediment, runoff, lawn and agricultural chemicals, changes in groundwater level, tilling, introduction of non-native plant and animal species, grazing and atmospheric pollution. According to the EPA, the increase in flood damages, drought damages and the declining bird populations are, in part, the result of wetlands degradation and destruction. About 75 percent of the wetlands in the US are privately owned so it is important that landowners understand their importance and work to preserve them.

To learn more about wetland protection, call the Kenosha/Racine land Trust office at 414-552-0448 or the EPA Wetland Hotline at 1-800-832-7828. The EPA has an excellent wetland Website at www.epa.gov/OWOW/wetlands. For more information about the Kenosha/Racine Land Trust, call 552-0448 or contact Eric Miller, president K/RLT, PO box 085153, Racine, WI 53408-5153.

Learn about our future
Anyone interested in recent southeast Wisconsin natural history and its possible future will find a wealth of information in the Southeastern Wisconsin Regional Planning Commission's Planning Report No. 42, "Regional Natural Areas and Critical Species Habitat Protection and Management Plan for Southeastern Wisconsin."

This report covers the counties of Racine, Kenosha, Walworth, Milwaukee, Waukesha, Ozaukee and Washington. It includes detailed regional maps of existing land use (1985), urban growth (1970-1985), existing sanitary sewer service areas and sewage treatment facilities, proposed sanitary sewer areas (1989), the pre-settlement vegetation (1836), watersheds and water resources, delineation of flood plains (1992), the adopted land use plan for this region for 2010 and much more. The report was published in September 1997 and is an integral part of the comprehensive plan for the development of this region which SEWRPC is charged by law with preparing. It can be obtained from SEWRPC at (414) 547-6721 for $15, plus $3 shipping.