NR 747.015 NoteNote: 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(28)(28)“Operator” has the meaning set forth in s. 292.63 (1) (d), Stats.
NR 747.015 NoteNote: 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 Note2. 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 NoteNote: 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 Note2. 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(33)(33)“Person” has the meaning set forth in ch. ATCP 93.
NR 747.015 NoteNote: 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(34)(34)“Petroleum product” has the meaning set forth in s. 292.63 (1) (f), Stats.
NR 747.015 NoteNote: 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(35)(35)“Petroleum product storage system” has the meaning set forth in s. 292.63 (1) (fg), Stats.
NR 747.015 NoteNote: 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 NoteNote: 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(38)(38)“Program year” has the meaning set forth in s. 292.63 (1) (g), Stats.
NR 747.015 NoteNote: 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(40)(40)“Property damage” has the meaning set forth in s. 292.63 (1) (gm), Stats.
NR 747.015 NoteNote: 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.