Section 679.01. Definitions.

  Terms that are defined in s. NR 661.01 (3) and s. ATCP 93.050 have the same meanings when used in this chapter. In this chapter:

(1)  "Above ground tank" means a tank used to store or process used oil that is not an underground storage tank as defined in s. ATCP 93.050 (122) .

(2)  "Container" means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.

(3)  "Do-it-yourselfer used oil collection center" means any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers.

(4)  "Existing tank" means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to June 1, 1995. Installation will be considered to have commenced if the owner or operator has obtained all federal, state and local approvals, licenses or permits necessary to begin installation of the tank and if any of the following applies:

(a) A continuous on-site installation program has begun.

(b) The owner or operator has entered into a contract, which cannot be canceled or modified without substantial loss, for installation of the tank to be completed within a reasonable time.

(5)  "Household do-it-yourselfer" means an individual who generates household do-it-yourselfer used oil.

(6)  "Household do-it-yourselfer used oil" means used oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles.

(7)  "New tank" means a tank that will be used to store or process used oil and for which installation has commenced after June 1, 1995.

(8)  "Petroleum refining facility" means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking or other processes (i.e., facilities classified as SIC 2911).

(9)  "Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants or other used oil-derived products. Processing includes, but is not limited to, blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

(10)  "Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

(11)  "Tank" means a stationary device, designed to contain an accumulation of used oil which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

(12)  "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of the use is contaminated by physical or chemical impurities.

(13)  "Used oil aggregation point" means any site or facility that accepts, aggregates or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.

(14)  "Used oil burner" means a facility where used oil not meeting the specification requirements in s. NR 679.11 is burned for energy recovery in devices identified in s. NR 679.61 (1) .

(15)  "Used oil collection center" means any site or facility that accepts or aggregates and stores used oil collected from used oil generators regulated under subch. C who bring used oil to the collection center in shipments of no more than 55 gallons according to s. NR 679.24 (1) . Used oil collection centers may also accept used oil from household do-it-yourselfers.

(16)  "Used oil fuel marketer" means any person who does any of the following:

(a) Directs a shipment of off-specification used oil from that person's facility to a used oil burner.

(b) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications in s. NR 679.11 .

(17)  "Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes used oil to become regulated.

(18)  "Used oil processor or re-refiner" means a facility that processes used oil.

(19)  "Used oil transfer facility" means any transportation related facility including loading docks, parking areas, storage areas and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to s. NR 679.20 (2) (b) .

(20)  "Used oil transporter" means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; corrections in (intro.) and (1) made under s. 13.92 (4) (b) 7. , Stats; corrections in (intro.), (1) made under s. 13.92 (4) (b) 7. , Stats., Register February 2012 No. 674 ; corrections in (intro.), (1) made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 .