Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 31.01 - Definitions

As used in this chapter:

(1) "Activity subject to department regulation" means:

(a) The bulk storage of fertilizer or pesticides, to the extent that the bulk storage is subject to possible regulation by the department under s. 94.645, Stats.

(b) Pesticide use, to the extent that the pesticide use is subject to possible regulation by the department under ss. 94.67 through 94.71, Stats.

(2) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.

(3) "Enforcement standard" means a numerical value expressing the concentration of a substance in groundwater which is adopted under ss. 160.07 and 160.09, Stats.

(4) "Fertilizer" means a fertilizer as defined in s. 94.64(1) (e), Stats., except that it does not include anhydrous ammonia.

(5) "Fertilizer substance" means either of the following for which an enforcement standard or preventive action limit has been adopted by the department of natural resources:

(a) A fertilizer; or

(b) A degradation product or metabolic product of fertilizer.

(6) "Groundwater" means any of the waters of the state, as defined in s. 280.01(2), Stats., occurring in a saturated sub-surface geological formation of rock or soil.

(7) "Official groundwater sample" means a groundwater sample from which an official groundwater test result is obtained.

(8) "Official groundwater test result" means a groundwater test result which is:

(a) Obtained by department analysis of a groundwater sample collected by the department or its agent; or

(b) Reported and certified to the department by the department of natural resources pursuant to s. ATCP 31.02.

(9) "Nonpotable water supply" means an excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for a use other than human consumption or preparation of food products.

(10) "Pesticide" means a pesticide as defined in s. 94.67(25), Stats., or a pesticide active ingredient as defined in s. 94.67(1), Stats.

(11) "Pesticide substance" means any of the following for which an enforcement standard or preventive action limit has been adopted by the department of natural resources:

(a) A pesticide;

(b) An isomer of a pesticide; or

(c) A degradation product or metabolic product of a pesticide.

(12) "Pesticide use" means the mixing, use, application, handling, transport, storage or disposal of a pesticide.

(13) "Point of standards application" means a location at which the concentration of a substance in groundwater may be measured to determine whether a preventive action limit or enforcement standard has been attained or exceeded, as provided in s. 160.21(2) (b), Stats., and s. ATCP 31.03.

(14) "Preventive action limit" means a numerical value expressing the concentration of a substance in groundwater which is adopted under s. 160.15, Stats.

(15) "Property boundary" means the boundary of a total contiguous parcel of land owned by a common owner, regardless of whether public or private roads run through the parcel.

(16) "Secretary" means the secretary of the department.

(17) "Site-specific response" means a localized regulatory response by the department to groundwater sample findings obtained at a point of standards application, as provided in s. ATCP 31.07.

(18) "Special order" means an order of the department which is directed to an individually named or identified respondent.

(19) "Substance" means any solid, liquid, semisolid, dissolved solid or gaseous material, naturally occurring or synthetic chemical, parameter for measurement of water quality or biological organism which, in its original form, or as a metabolic or a degradation or waste product, may decrease the quality of groundwater.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 31.01

Cr. Register, September, 1985, No. 357, eff. 10-1-85; correction made under s. 13.93(2m) (b) 5, Stats., Register, February, 1993, No. 447; corrections in (6) made under s. 13.93(2m) (b) 7, Stats., Register, January, 1998, No. 505.