Sec. WEM 6.02 - Definitions

ยง WEM 6.02. Definitions

In this chapter:

(1) "Authorized level A response team" means a regional emergency response team, a member of such team and a local agency that contracts with the division for the provision of regional response team services pursuant to a designation under s. 323.70(2), Stats.

(2) "Authorized level B response team," means a local emergency response team, a member of such a team, and the city, county, village or town that contract to provide the emergency response team to the county pursuant to a designation under s. 323.61(2m) (e), Stats.

(3) "Division" means the division of emergency management.

(4) "Good faith effort" means that the authorized level A or B response team has diligently pursued collection and reimbursement of emergency response costs from a responsible party pursuant to the requirements of this chapter.

(5) "Hazardous material" has the meaning given in 49 USC 5102(2).

(6) "Hazardous substance" has the meaning given in s. 299.01(6), Stats.

(7) "Insolvent" has the meaning as given in 11 USC 101(32), ss. 128.001(1), 128.25(1) (d), 242.02, 401.201(2) (Lm), 600.03(24) and 645.42(4), Stats.

(8) "Level A release" has the meaning given in s. 323.02(11), Stats.

(9) "Level B release" has the meaning given in s. 323.02(12), Stats.

(10) "Local agency" has the meaning given in s. 323.70(1) (c), Stats.

(11) "Qualified authority" includes, but is not limited to, any federal, state, or local government agency, court of competent jurisdiction, financial institution, insurer, or any person whom the response team and the division reasonably believes has the expertise, knowledge, skills and training necessary to make a determination or analysis of the insolvency of the responsible party.

(12) "Responsible party" means any person, as defined in s. 299.01(10), Stats., or 42 USC 9607(a), who is responsible for the emergency involving a release or potential release of a hazardous substance under s. 323.70(4) or 323.71(4), Stats., or a person who is found to have abandoned containers, as defined under s. 292.41(1), Stats., that are releasing or discharging a hazardous substance to which a response team was called to respond.

(13) "Reviewing entity" for an authorized level A response team has the meaning given in s. 323.71(5) (a), Stats., or an employee or body of a local agency as designated by the response team.

(14) "Reviewing entity" for an authorized level B response team has the meaning given in s. 323.71(5) (a), Stats.

(15) "Standard and customary collection procedures" means the specific collection procedures and practices established and used by a local agency for the collection of accounts due and owing.

(Cr. Register, May, 1997, No. 497, eff. 6-1-97; corrections in (7) made under s. 13.93(2m) (b) 7, Stats., Register, March, 2001, No. 543; CR 02-106: am. (1), (2), (12), Register October 2003 No. 574, eff. 11-1-03; corrections in (1), (2), (8) to (10), (12) to (14) made under s. 13.92(4) (b) 7, Stats., Register February 2010 No. 650; correction in (7) made under s. 13.92(4) (b) 7, Stats., Register January 2011 No. 661.)

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