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 LEGISLATIVE / REGULATORY
WISCONSIN
 


Design Plans must be Submitted to DATCP
Under New Fertilizer and Pesticide Bulk Storage Rule

Since the new Ch. ATCP 33 - Fertilizer and Pesticide Bulk Storage rule went into effect on November 1, 2006, the Department of Agriculture, Trade and Consumer Protection has learned that several facilities are in the process of building new mix/load pads, secondary containment structures, and dry fertilizer buildings. However, many of these facilities have not been submitting their design plans to DATCP. As a reminder, s. ATCP 33.10(1) requires that design plans for such new structures be submitted to DATCP at least 21 days prior to construction starting.

This new requirement was included in the rules to ensure that the proposed structures would meet the requirements of the rule, as well as meeting the minimum design standards for concrete structures. It is in the best financial interests of these facilities to submit design plans, certified by a Wisconsin professional engineer, because DATCP review is intended to help ensure that new structures do what they are supposed to do - not leak.

Prior to creating the minimum design standards, DATCP studied why structures failed or leaked in the past. Several plans recently submitted, as well as several that we discovered that had not been submitted, have had the same features that are known to have caused leaks and failures in the past. Redesigns, retrofits and repairs cost facilities more money because DATCP was not included in the early stages of the design process. We strongly encourage facilities to contact DATCP when considering new construction. DATCP can assist in the early stages of design, in addition to reviewing design plans. DATCP wants to avoid leaking structures and their associated costs as much as industry managers do.

DATCP has also learned of several facilities that are planning new structures, but are hiring a general contractor to bid on the project before actually creating a design plan. While there is nothing in the rule to prohibit this, the "bid-first, design-later" process will usually cost the facility more money because projects costs (the bid) can only really be based on what the design requires. DATCP highly recommends working with an engineering firm (and DATCP) and designing the structure first, and then bidding the project out to general contractors.

For more information, please contact Matt Laak , Ag Engineer, Wisc. Dept. of Agricluture, Trade and Consumer Protection at (608) 224-4518.

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