NR 747.015(10)
(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.
NR 747.015(11)
(11) “Department" means the department of natural resources.
NR 747.015(12)
(12) “Discharge" means spilling, leaking, pumping, pouring, emitting, or emptying, but does not include dumping.
NR 747.015(13)
(13) “DNR" means the Wisconsin department of natural resources.
NR 747.015(14)
(14) “Emergency action" means an immediate response to protect public health or safety.
NR 747.015 Note
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.
NR 747.015(15)(c)
(c) An owner or operator who is completely independent of any other business or corporation with coverage under the PECFA program.
NR 747.015(16)
(16) “Financial hardship claimant" means a claimant that has employed no more than 4 individuals, who are not immediate family members, at any time during the year prior to claim submittal and is able to document this through payroll or tax records.
NR 747.015(17)
(17) “Fund" means the petroleum environmental cleanup fund administered by the department.
NR 747.015(18)
(18) “Grossly negligent" means the conscious or reckless disregard for the negative consequences of one's actions or inaction.
NR 747.015 Note
Note: The definition in chapter ATCP 93 for heating oil reads as follows: “ `Heating fuel' or `heating oil' means petroleum that is No. 1, No. 2, No. 4—light, No. 4—heavy, No. 5—light, No. 5—heavy, and No. 6 technical grade grades of fuel oil; other residual fuel oils, including Navy Special Fuel Oil and Bunker C; and other fuels when used as substitutes for one of these, including used oil or used cooking oils when used in an oil burner to provide space heat or processing heat for consumptive use on the property."
NR 747.015 Note
Note: Section
292.63 (1) (cm), Stats., defines a home heating oil tank system as an underground home heating oil tank used for consumptive use on the premises together with any on-site integral piping or dispensing system.
NR 747.015(21)
(21) “Immediate family members" means parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers (and their spouses), sisters (and their spouses), aunts, uncles, sons-in-law or daughters-in-law of the claimant or the claimant's spouse.
NR 747.015(22)
(22) “Independent" means entirely and completely free from any common control, guidance, ability to influence, significant financial interest or mutual benefit. Significant financial interest means ownership of more than 5% of a firm or business entity by the consulting firm, consultant or the consultant's family.
NR 747.015(23)
(23) "Interim action" means a response action taken to contain, stabilize or recover a discharge of a hazardous substance, in order to minimize any threats to public health or safety, while other response actions are being taken or planned for the site or facility.
NR 747.015(24)
(24) “Investigation awards" means awards that are made for investigative activities when no discharge is found, if the owner, operator or person owning a home heating oil tank system has written direction from the department to conduct an investigation under s.
292.63 (4) (es), Stats.
NR 747.015(25)
(25) “Loan secured" means the point at which a financial organization and customer have completed all documents associated with a commitment of funds and an agreement to repay the funding. The term applies to original loans and to the creation of additional funding.
NR 747.015(26)
(26) “Natural attenuation" means the reduction in the concentration and mass of a substance and its breakdown products in groundwater or soils, or both, due to naturally occurring physical, chemical or biological processes.
NR 747.015 Note
Note: Section
292.63 (1) (cs), Stats., defines occurrence as a contiguous contaminated area resulting from one or more petroleum product discharges.
NR 747.015 Note
Note: In
Mews vs. Wisconsin Department of Commerce,
2004 WI APP 24, 676 NW 2d 160 Wis APP. (2004), the Court concluded that this definition is “published and unambiguous." In arriving at this conclusion, the Court agreed with the department that without an intervening, unimpacted area of no detects, all contamination at a site is contiguous and is therefore a single occurrence.
NR 747.015 Note
Note: Section
292.63 (1) (d), Stats., defines operator as:
NR 747.015 Note
(d) 1. A person who operates a petroleum product storage system, regardless of whether the system remains in operation and regardless of whether the person operates or permits the use of the system at the time the environmental pollution occurs; or
NR 747.015 Note
2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 747.015(29)
(29) “Outstanding unreimbursed loan amount" means funds that have been disbursed by the financial organization for actual costs incurred by the borrower's service providers and any earned interest charges, less any amounts reimbursed by the PECFA program.
NR 747.015(30)
(30) “Owner" is an entity under the PECFA program or a trust and in addition has the meaning set forth in s.
292.63 (1) (e), Stats.
NR 747.015 Note
Note: Section
292.63 (1) (e), Stats., defines owner as any of the following:
NR 747.015 Note
(e) 1. A person who owns, or has possession or control of, a petroleum product storage system or who receives direct or indirect consideration from the operation of a system regardless of whether the system remains in operation and regardless of whether the person owns or receives consideration at the time the discharge occurs;
NR 747.015 Note
2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 747.015(31)
(31) “Passive bio-remediation" has the same meaning as “natural attenuation".
NR 747.015(32)
(32) “PECFA" means petroleum environmental cleanup fund award, as established in s.
292.63, Stats.
NR 747.015 Note
Note: Chapter
ATCP 93 defines person as an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of the state, or any interstate body. “Person" also includes a consortium, a joint venture, a commercial entity, and the United States government.
NR 747.015 Note
Note: Section
292.63 (1) (f), Stats., defines a petroleum product as gasoline, gasoline-alcohol fuel blends, kerosene, fuel oil, burner oil, diesel fuel oil or used motor oil.
NR 747.015 Note
Note: Section
292.63 (1) (fg), Stats., defines a petroleum product storage system as a storage tank that is located in Wisconsin and is used to store petroleum products together with any on-site integral piping or dispensing system. The term does not include pipeline facilities; tanks of 110 gallons or less capacity; residential tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale; farm tanks of 1,100 gallons or less capacity storing petroleum products that are not for resale, except as provided in sub. (4) (ei); tanks used for storing heating oil for consumptive use on the premises where stored, except for heating oil tanks owned by school districts and heating oil tanks owned by technical college districts and except as provided in sub. (4) (ei); or tanks owned by Wisconsin or the federal government.
NR 747.015(36)
(36) “Pollution impairment" means bodily injury or property damage arising from the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of a petroleum product.
NR 747.015(37)
(37) “Prime rate" means the most recent rate published in the
Wall Street Journal under Money Rates — Prime Rate.
NR 747.015 Note
Note: The prime rate is the base rate on corporate loans posted by at least 75% of the nation's 30 largest banks.
NR 747.015 Note
Note: Section
292.63 (1) (g), Stats., defines program year as the period beginning on August 1 and ending on the following July 31.
NR 747.015(39)
(39) “Progress payment" means an award made prior to the full completion of a remediation and may include payments after completion of an emergency action, site investigation, remediation, maintenance or operation, or other points as defined in this chapter.
NR 747.015 Note
Note: Section
292.63 (1) (gm), Stats., defines property damage as not including those liabilities which are exclusions in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems. The statute also excludes loss of fair market value.
NR 747.015(41)
(41) “Remedial action plan" means a document that reports a remedial action alternative and provides the basis for its recommendation along with projected costs and other required detail.
NR 747.015(42)
(42) “Responsible party" means either the owner, operator, person owning a home oil tank system or claimant who is financially responsible for all costs of remediation of a discharge of petroleum product.
NR 747.015(43)
(43) “Site bundling" means providing investigation or remedial action services, or both, for multiple occurrences while utilizing one consulting firm or common commodity services and providers, or both.
NR 747.015 Note
Note: Section
292.63 (1) (gs) defines service provider as a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor, lender or any other person who provides a product or service for which a claim for reimbursement has been or will be filed under this section (ch.
NR 747), or a subcontractor of such a person.
NR 747.015(45)
(45) “Site investigation" means the investigation of a petroleum product discharge to provide the information necessary to define the nature, degree and extent of a contamination and to allow a remedial action alternative to be selected.
NR 747.015 Note
Note: Section
292.63 (1) (h) defines subsidiary or parent company as a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long-term contractual arrangement with a person to avoid direct responsibility for conditions at a petroleum product storage system site.
NR 747.015(48)
(48) “Third-party claim" means a claim against a claimant for personal injury or property damage associated with a discharge from an underground petroleum product storage tank system under this chapter.
NR 747.015 Note
Note: Section
292.63 (1) (i), Stats., defines underground petroleum product storage tank system as an underground storage tank used for storing petroleum products together with any on-site integral piping or dispensing system with at least 10% of its total volume buried in the ground.
NR 747.015(50)
(50) “Upgrade" means the addition or retrofit of a petroleum product storage tank system with cathodic protection, lining or spill and overfill controls.
NR 747.015(51)
(51) “Used motor oil" means oil from internal combustion engines, collected and stored in accordance with
s. ATCP 93.300.
NR 747.015(52)
(52) “Willful neglect" means the intentional failure to comply with the laws or rules of the state concerning the storage of petroleum products and may include, but is not limited to, the failure to:
NR 747.015(52)(b)
(b) Take out of service a tank system that by reason of operational characteristics or leak detection is suspected of causing a discharge to the environment;
NR 747.015(52)(g)
(g) Register or actions to de-register an underground or aboveground tank system in order to avoid regulation under
ch. ATCP 93; or
NR 747.015 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94;
r. and recr.
Register, December, 1998, No. 516, eff. 1-1-99;
CR 04-058: am. (24) and (32)
Register February 2006 No. 602, eff. 5-1-06;
CR 07-029: r. and recr. (19)
Register November 2008 No. 635, eff. 2-1-09; correction in (51) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635; correction in (11), (19), (33), (47), (51), (52) (f), (g) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672;
corrections in (5), (7), (11), (19), (20), (24), (27), (28), (30), (32), (33) to (35), (38), (40), (44), (46), (47), (49), (51), (52) (f), (g) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694. NR 747.02(1)
(1)
Petroleum product storage tank systems. Owners or operators of a petroleum product storage systems are eligible for reimbursement from the fund provided claims are for underground or aboveground petroleum storage systems that are one or more of the following:
NR 747.02(1)(a)
(a) Commercial tank systems larger than 110 gallons capacity.
NR 747.02(1)(b)
(b) Heating oil tank systems where the petroleum product is sold.
NR 747.02(1)(c)
(c) Farm or residential tank systems larger than 1,100 gallons capacity and not storing heating oil for consumptive use on the premises.
NR 747.02(1)(d)
(d) Tank systems storing gasoline, diesel fuel or other vehicle fuel, other than residential tanks of 1,100 gallons or less capacity.
NR 747.02(1)(e)
(e) Farm vehicle fuel systems of 1,100 gallons or less capacity, which meet the requirements in s.
292.63 (4) (ei) 1m. a., Stats., regarding farm size and farm income, and is used to store products not for resale.
NR 747.02(1)(f)
(f) Heating oil tank systems owned by public school or technical college districts, supplying heating oil for consumptive use on the premises.
NR 747.02(1)(g)
(g) Tank systems located on trust lands of an American Indian tribe or band if the owner or operator's tank system would be otherwise covered under
pars. (a) to
(f) and the owner or operator complies with this chapter and
ch. ATCP 93 and obtains all applicable agency approvals.
NR 747.02(2)
(2) Heating oil tank systems. A person owning a home heating oil tank system is eligible for reimbursement from the fund provided the claim is for a heating oil tank system that is an underground home heating oil tank system and the person complies with this chapter and
ch. ATCP 93.
NR 747.02(3)
(3) Exclusions. The fund does not cover a claim for any of the following:
NR 747.02(3)(b)
(b) A commercial tank system of 110 gallons or less capacity.
NR 747.02(3)(c)
(c) A residential motor fuel tank system of 1,100 gallons or less capacity.
