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 NoteNote: 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 NoteNote: 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 NoteNote: Section 292.63 (1) (cs), Stats., defines occurrence as a contiguous contaminated area resulting from one or more petroleum product discharges. 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 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.