Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.01 - Definitions
(1) "Active groundwater remediation" means
active physical, biological or chemical manipulation of groundwater, or of the
rock or soil media in which groundwater is situated, for the purpose of
reducing the amount of agricultural chemical contamination or minimizing the
spread of contamination. "Active groundwater remediation" includes treatment by
means of aeration, bio-augmentation, planned nutrient loading or pump-and-treat
methods.
(2) "Active soil
remediation" means active physical, biological or chemical manipulation of soil
for the purpose of reducing the amount of agricultural chemical contamination
in soil. "Active soil remediation" includes treatment by means of excavation
and landspreading, aeration, bio-augmentation or planned nutrient
loading.
(3) "Agricultural
chemical" means a substance that is a fertilizer or a nonhousehold pesticide,
and that is a hazardous substance as defined in s.
299.01(6),
Stats.
(4) "Agricultural chemical
cleanup council" means the council appointed under s.
ATCP 35.34.
(5)
"Approved corrective action costs" means eligible corrective action costs which
the department has approved for reimbursement under s.
ATCP 35.08(4).
(6) "Approved workplan" means a workplan for
corrective action that is approved by the department under s.
ATCP 35.18(1)
(a).
(7) "Commercial application business" has the
meaning given under s.
94.67(5),
Stats.
(7m) "Contiguous land" means
land included in the same parcel or an adjacent parcel. "Contiguous land"
includes parcels that are separated only by a road, railway, or utility
right-of-way, or by a government-owned land corridor or waterway not wider than
66 feet.
(8) "Contractor" means a
person who contracts to perform all or part of a corrective action.
"Contractor" includes a consultant, general contractor or subcontractor who
contracts to perform all or part of a corrective action, but does not include a
responsible person or an employee of a responsible person.
(9) "Contract services" means services
provided by a contractor as part of a corrective action. "Contract services"
includes all of the following services:
(a)
Excavating.
(b) Trucking.
(c) Landspreading.
(d) Waste disposal services.
(e) Drilling, including at-depth soil
sampling and well installation.
(f)
Laboratory services.
(g)
Professional consulting services.
(h) General contractor services.
(i) Other services provided by
contractors.
(10)
"Corrective action" means an action, consisting of one or more corrective
measures under sub. (12), that is taken or ordered in response to a discharge
in this state, and that is necessary to restore the environment to the extent
practicable and to minimize the harmful effects of the discharge to the air,
lands or waters of this state. "Corrective action" includes an action taken or
ordered by the department of natural resources under s.
292.11(7),
Stats., in response to a discharge, but does not include an action ordered by
the department of natural resources under s.
291.37(2) or
291.95, Stats.
"Corrective action" does not include any action taken or required to be taken
before January 1, 1989.
(11)
"Corrective action costs" means reasonable costs that a responsible person has
actually incurred for a necessary corrective action.
(12) "Corrective measures" means any of the
following:
(a) Investigation to determine the
extent and severity of environmental contamination caused by a discharge,
including sampling and analysis of soils, groundwater or other media.
(b) Containment, removal, treatment or
monitoring of environmental contamination caused by a discharge.
(c) Transportation, storage, land application
or disposal of materials contaminated by a discharge.
(d) Other corrective measures approved or
ordered by the department.
(13) "Department" means the state of
Wisconsin department of agriculture, trade and consumer protection.
(14) "Discharge" means the discharge, as
defined in s.
292.01(3),
Stats., of an agricultural chemical.
Note: Under s. 292.01(3), Stats., "discharge" includes, but is not limited to, spilling, leaking, pumping, pouring, emptying, emitting or dumping.
(15) "Discharge site" means the area affected
by one or more discharges. "Discharge site" includes all contiguous land that
is owned, leased or controlled by the responsible person at the time the
discharge occurs, plus any other area affected by the discharge.
(16) "Eligible corrective action costs" means
costs on which the department is authorized to pay reimbursement under this
chapter.
(17) "Fiscal year" means
the state fiscal year ending June 30.
(17m) "Fixture" means any of the following:
(a) Railroad tracks, ties and
ballast.
(b) Culverts.
(c) Fences.
(d) Gas mains, pipelines and related
structures.
(e) Electric poles,
power lines and related structures.
(f) Water and sewer mains and
pipelines.
(g) Facilities for the
transmission of telecommunications or television services, including wires,
optics, cables, poles and towers.
(18) "General contractor" means a consultant
or other contractor who, on behalf of a responsible person, secures or directs
the services of other contractors related to a corrective action. "General
contractor" includes a person who solicits or receives contract bids, prepares
contracts, directs corrective measures performed by others, or enters into
contracts with subcontractors to perform corrective measures.
(19) "Household pesticide" means a pesticide
that is any of the following:
(a) A
sanitizer.
(b) A
disinfectant.
(c) A
germicide.
(d) An insect repellant
that is applied to the human body or to clothing.
(e) A pesticide that is used exclusively for
the treatment of household pets.
(f) A pesticide product that is labeled
exclusively for household, lawn or garden use if the product either is sold in
ready-to-use form or is sold exclusively in container sizes of less than one
gallon.
(g) A solid or liquid
pesticide product that is used exclusively for the treatment of swimming pools,
spas or hot tubs.
(20)
"Indirect cost" means any general cost of doing business that cannot be
directly and exclusively attributed to a corrective action. "Indirect cost"
includes costs for equipment, supplies, services, real estate, structures and
improvements, overhead, managerial and staff support, staff training, taxes,
insurance, financing and other items which are not directly and exclusively
attributable to a corrective action or whose use is not limited to the
corrective action.
(20m)
"Industrial pesticide" means any of the following pesticides that is not a
household pesticide:
(a) A pesticide that is
solely labeled for use on wood and contains pentachlorophenol, coal tar
creosote or inorganic arsenical wood preservatives.
(b) A pesticide that is labeled for use in
controlling algae, fungi, bacteria, other microscopic organisms or mollusks in
or on one or more of the following, and is labeled for no other use except a
use described in sub. (19) (f) or (g):
1.
Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or
rubber.
2. Paints, varnishes, other
coating products, lubricants or fuels.
3. Commercial, construction, manufacturing or
industrial fluids, including adhesives, additives and pigments.
4. Commercial, construction, manufacturing or
industrial processes, equipment, devices or containers, other than those used
in the production or storage of human food or animal feed.
5. Air washing, cooling or heat transfer
systems.
6. Medical
equipment.
7. Drinking water or
wastewater systems.
(21) "Installment" means a payment by the
department, under s.
ATCP 35.28, of all or part of a reimbursement amount which
the department has approved for payment under s.
ATCP 35.08(4) (c).
(22) "Laboratory services" means laboratory
analysis and activities that are incidental to laboratory analysis.
(22m) "Landspread" means to spread or deposit
on land, other than in a landfill approved by the department of natural
resources under s.
289.31, Stats.,
soil or water removed from a discharge site.
(22r) "Nonhousehold pesticide" means a
pesticide that is not a household pesticide or industrial pesticide.
(23) "Responsible person" means any of the
following persons, or that person's successor in interest:
(a) A person who owns or controls an
agricultural chemical that is discharged.
(b) A person who causes a
discharge.
(c) A person on whose
property an agricultural chemical is discharged.
Notes
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