NR 747.015 NoteNote: 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 NoteNote: 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(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 HistoryHistory: 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)(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.