Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 747 - PETROLEUM ENVIRONMENTAL CLEANUP FUND › Subchapter I - Purpose, Authority and Application › Section NR 747.015 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Active treatment" means a remedial
				  activity that is not natural attenuation or monitoring but is conducted in
				  situ. Active treatment includes use of biological or chemical agents to augment
				  remediation of contamination.
(2)
				  "Agent" means a person or organization designated by an owner, operator or
				  person owning a home oil tank system to act on behalf of the owner or operator
				  or person owning the home oil tank system in conducting the remedial
				  activities.
(3) "Annual aggregate"
				  means the total amount of awards that an owner or operator may obtain during a
				  program year under this chapter.
(4) "Award" means the reimbursement provided
				  to an owner or operator or person owning a home heating oil tank system for
				  eligible costs incurred because of a petroleum product discharge from a
				  petroleum product storage system or home oil tank system.
(5) "Bodily injury" has the meaning under s.
				  292.63(1) (ad),
				  Stats., however, this term shall not include those liabilities which,
				  consistent with standard insurance industry practices, such as specified in s.
				  Ins
				  6.35, are excluded from coverage in liability
				  insurance policies for bodily injury.
(6) "Claimant" means any party who is
				  eligible to submit a claim for an award under this chapter. Under this chapter,
				  the claimant may also be the responsible party.
(7) "Closed remedial action" means that the
				  department has determined, based on information available at the time, that no
				  further action is necessary. A closed remedial action includes the approval of
				  remediation by natural attenuation as a final site remedy. A determination that
				  no further action is required might include one or more deed or use
				  restrictions placed on a property, or other requirements, which are conditions
				  for approval.
(8) "Consultant"
				  means a person who performs or provides professional investigation,
				  interpretation, design or technical project management services including, but
				  not limited to, conducting site investigations, preparing remedial action plans
				  and alternatives, and interpretation of data for passive or active
				  bio-remediation systems. An owner or operator may prepare bid documents and
				  complete other requirements of the bid process without being designated as a
				  consultant.
Note:
See s.
					 SPS 305.81 for
					 departmental credential requirements for consultants.
(9) "Consulting firm" means a corporation,
				  partnership, sole proprietor or independent contractor who performs or provides
				  professional engineering or hydrogeology services including but not limited to
				  conducting site investigations, preparing remedial action plans and
				  alternatives, designing and supervising the installation of remedial systems
				  and plans for passive bio-remediation with long-term monitoring.
Note:
See s.
					 SPS 305.80
					 for departmental credential requirements for consulting firms.
(10) "Costs incurred" means costs
				  integral to the remediation of a site which have been paid by a responsible
				  party. Costs are considered incurred when funds are disbursed to the creditor,
				  i.e., invoices have been paid and verification is available.
(11) "Department" means the department of
				  natural resources.
(12) "Discharge"
				  means spilling, leaking, pumping, pouring, emitting, or emptying, but does not
				  include dumping.
(13) "DNR" means
				  the Wisconsin department of natural resources.
(14) "Emergency action" means an immediate
				  response to protect public health or safety.
Note:
An emergency action would normally be
					 expected to be directly related to a sudden event or discovery. Simple removal
					 of contaminated soils, recovery of free product, or relief from financial
					 hardship are not considered emergency actions.
(15) "Entity" means any of the following:
(a) A person owning a home oil tank
				  system.
(b) A business required to
				  maintain a worker's compensation insurance policy under ch. DWD 80.
(c) An owner or operator who is completely
				  independent of any other business or corporation with coverage under the PECFA
				  program.