Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter I - Definitions and General Provisions › Section ATCP 33.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "API 650" means the American Petroleum
				  Institute standard 650, Welded Steel Tanks for Oil Storage, 10th edition.
Note: Copies of API 650 are on file with the department and
					 the legislative reference bureau. Copies may be purchased from the American
					 Petroleum Institute at 1220 L Street NW, Washington DC 20005-4070, telephone
					 (202) 682-8000.
(2) "API
				  653" means the American Petroleum Institute standard 653, Tank Inspection,
				  Repair, Alteration, and Reconstruction, 3rd edition.
Note: Copies of API 653 are on file with the department and
					 the legislative reference bureau. Copies may be purchased from the American
					 Petroleum Institute at 1220 L Street NW, Washington DC 20005-4070, telephone
					 (202) 682-8000.
(3) "API
				  653-certified inspector" means an inspector certified by the American Petroleum
				  Institute, according to API 653, to inspect facilities for compliance with API
				  653.
(4) "Appurtenances" means all
				  valves, pumps, fittings, pipes, hoses, gauges, metering devices, mixing
				  containers, and dispensing devices that are connected to a storage container,
				  or through which liquid bulk fertilizer or liquid bulk pesticide is transferred
				  into or out of a storage container.
(5) "Bedrock" means the solid rock underlying
				  any loose surficial material such as soil, alluvium or glacial drift. Bedrock
				  includes but is not limited to limestone, dolomite, sandstone, shale and
				  igneous and metamorphic rock.
(6)
				  "Bladder tank" means a covered liquid-tight steel tank containing a flexible
				  liquid-tight bladder that holds the contents of the tank.
Note: A "bladder tank" is both a "secondary containment
					 structure" as defined in sub. (29) and a "storage container" as defined in sub.
					 (31).
(7) "Bulk fertilizer"
				  means fertilizer in a container larger than 55 gallons (208 liters), or dry
				  fertilizer in undivided quantities greater than 100 pounds (45
				  kilograms).
(8) "Bulk pesticide"
				  means liquid pesticide in a container larger than 55 gallons (208 liters), or
				  dry pesticide in undivided quantities greater than 100 pounds (45
				  kilograms).
(9) "Department" means
				  the Wisconsin department of agriculture, trade and consumer
				  protection.
(10) "Discharge" means
				  a spill, leak or other release of bulk fertilizer, bulk pesticide or rinsate.
				  "Discharge" includes a spill, leak or other release that is contained within a
				  mixing and loading pad, sump or secondary containment structure. "Discharge"
				  does not include the legal use or disposal, according to this chapter, of
				  material recovered from a mixing and loading pad, sump or secondary containment
				  structure.
(11) "Distribute" means
				  to import, consign, sell, offer for sale, solicit orders for sale, or otherwise
				  supply fertilizer or pesticide for sale or use in this state.
(12) "Dry fertilizer" means fertilizer in
				  solid form.
(13) "Dry pesticide"
				  means pesticide in solid form, pesticide-impregnated fertilizer, and includes
				  pesticides formulated as dusts, wettable powders, dry flowable powders or
				  granules.
(14) "Fertilizer" has the
				  meaning given in s.
				  94.64(1)
				  (e), Stats., except that it does not include
				  manipulated manure or anhydrous ammonia.
Note: Under s.
					 94.64(1)
					 (e), Stats., "fertilizer" means any
					 substance, containing one or more plant nutrients, which is used for its plant
					 nutrient content and which is designed for use or claimed to have value in
					 promoting plant growth, except unmanipulated animal or vegetable manures, marl,
					 liming material, sewage sludge other than finished sewage sludge products, and
					 wood ashes. "Fertilizer" includes fertilizer materials, mixed fertilizers,
					 custom mixed fertilizers, nonagricultural fertilizers and all other fertilizers
					 or mixtures of fertilizers, regardless of type or form.
(15) "Groundwater" means any waters of the
				  state occurring in a saturated subsurface geological formation of rock or
				  soil.
(16) "Handling" means the
				  transfer, loading, unloading, mixing or repackaging of bulk fertilizer or bulk
				  pesticide, or the cleaning of containers or equipment to remove fertilizer or
				  pesticide residues. "Handling" includes transferring water into a container
				  that contains pesticide or fertilizer residues.
(17) "Inorganic soil" means a soil composed
				  of less than 30% organic matter, measured as less than 15% organic carbon by
				  weight.
(18) "Liquid fertilizer"
				  means fertilizer in liquid form. "Liquid fertilizer" includes fertilizer
				  solutions, fertilizer suspensions, fertilizer slurries and dilute fertilizers
				  intended for distribution as fertilizer.
(19) "Liquid pesticide" means pesticide in
				  liquid form. "Liquid pesticide" includes pesticide solutions, pesticide
				  emulsions, pesticide suspensions, pesticide slurries and dilute pesticides
				  intended for distribution as pesticides.
(20) "Manufacture" means to do any of the
				  following, as applicable:
(a) Process,
				  granulate, compound, produce, mix, blend or alter the composition of
				  fertilizer.
(b) Process, formulate,
				  prepare, compound, propagate, package or label any pesticide.