Section 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: (d) Waste disposal services.(e) Drilling, including at-depth soil sampling and well installation.(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.(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: (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.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.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.01
Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1), (3), (6), (10), (14), (15) and (20), cr. (7m), (20m), (22m) and (22r), r. and recr. (9) and (19), Register, September, 1998, No. 513, eff. 10-1-98; am. (4), cr. (17m), Register, October, 2000, No. 538, eff. 11-1-00.Amended by, CR 14-047: am. (3) Register, Register May 2015 No. 713, eff.6/1/2015