Section 746.03. Definitions.  


Latest version.
  • The definitions in ch. NR 700 apply to this chapter. In addition, in this chapter:
    (1)  "Discharge" has the meaning specified in s. 292.01 (3) , Stats.
    (2)  "Enforcement standard" has the meaning specified in s. 160.01 (2) , Stats.
    (3)  "Groundwater" has the meaning specified in s. 160.01 (4) , Stats.
    (4)  "High–risk site" has the meaning specified in s. 101.144 (1) (aq), Stats.
    (5)  "Low risk site" means the site of a discharge of a petroleum product from a petroleum storage tank where contaminants are contained only within the soil on the source property and there is no confirmed contamination in the groundwater.
    (6)  "Medium risk site" means the site of a discharge of a petroleum product from a petroleum storage tank where contaminants have extended beyond the boundary of the source property, or there is confirmed contamination in the groundwater, but the site does not meet the definition of a high–risk site.
    (7)  "Petroleum product" has the meaning specified in s. 292.63 (1) (f) , Stats.
    (8)  "Petroleum storage tank" has the meaning specified in s. 101.144 (1) (bm), Stats.
    (9)  "Preventive action limit" has the meaning specified in s. 160.01 (6) , Stats.
    (10)  "Remedial action" means a response action taken to control, minimize or eliminate the discharge of petroleum products so that they do not present an actual or potential threat to public health, safety, or welfare or the environment. The term "remedial action" includes actions taken to restore the environment to the extent practicable and to meet applicable environmental standards, and includes natural attenuation. Examples include containment, treatment, excavation, disposal, recycling or reuse, and any monitoring required to assure that such actions protect public health, safety, or welfare or the environment.
    (11)  "Responsible person" has the meaning specified in s. 101.144 (1) (d), Stats.
    (12)  "Site" means any area where a petroleum product has discharged.
CR 12-023 : cr. Register October 2013 No. 694 , eff. 11-1-13; correction in (7) made under s. 13.92 (4) (b) 7. , Stats., Register October 2014 No. 694 .

Note

The definition in s. NR 700.03 (11) defines "Department" to mean "the department of natural resources." Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. 292.01 (3) , Stats., "discharge" means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping." Microsoft Windows NT 6.1.7601 Service Pack 1 Section 160.01 (2) , Stats., defines "enforcement standard" to mean "a numerical value expressing the concentration of a substance in groundwater which is adopted under ss. 160.07 and 160.09 ." Microsoft Windows NT 6.1.7601 Service Pack 1 Section 160.01 (4) , Stats., defines "groundwater" to mean "any water of the state, as defined in s. 281.01 (18) , occurring in a saturated subsurface geological formation of rock or soil." Section 281.01 (18) , Stats., defines "waters of the state" to include "those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction." Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.144 (1) (aq), Stats., defines "high–risk site" to mean "the site of a discharge of a petroleum product from a petroleum storage tank if at least one of the following applies: Microsoft Windows NT 6.1.7601 Service Pack 1 1. Repeated tests show that the discharge has resulted in a concentration of contaminants in a well used to provide water for human consumption that exceeds a preventive action limit, as defined in s. 160.01 (6) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements. Microsoft Windows NT 6.1.7601 Service Pack 1 3. An enforcement standard is exceeded in groundwater within 1,000 feet of a well operated by a public utility, as defined in s. 196.01 (5) , Stats., or within 100 feet of any other well used to provide water for human consumption. Microsoft Windows NT 6.1.7601 Service Pack 1 1. An enforcement standard is exceeded in fractured bedrock." Microsoft Windows NT 6.1.7601 Service Pack 1 Section NR 141.05 (5) defines "bedrock" to mean "the solid rock underlying any loose surficial material such as soil, alluvium or glacial drift. Bedrock includes but is not limited to limestone, dolomite, sandstone, shale and igneous and metamorphic rock." In the absence of evidence to the contrary, the agencies consider all bedrock in Wisconsin to be fractured. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 292.63 (1) (f) , Stats., defines "petroleum product" to mean "gasoline, gasoline alcohol fuel blends, kerosene, fuel oil, burner oil, diesel fuel or used motor oil." The term "petroleum product" includes substances that are, or once were, constituents of a petroleum product, including petroleum product additives. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.144 (1) (bm), Stats., defines "petroleum storage tank" to mean "a storage tank that is used to store petroleum products together with any on–site integral piping or dispensing system." The term "petroleum storage tank" does not include a pipeline facility. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 160.01 (6) , Stats., defines "preventive action limit" to mean "a numerical value expressing the concentration of a substance in groundwater which is adopted under s. 160.15 ." Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.144 (1) (d), Stats., defines "responsible person" to mean "a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located." Microsoft Windows NT 6.1.7601 Service Pack 1 Because the term "discharge" has been interpreted by the Wisconsin supreme court to include the migration of hazardous substance contamination after it is released to the environment, the term "site" includes all areas to which petroleum product contamination has migrated, including areas not on the source property. The term "site" and "source property" are not synonymous. A "site" can be larger or smaller than a "source property." The term "site" is synonymous with the term "occurrence" as that term is used in ch. NR 747 . The term "site" is used here in order to establish common terminology that will be used by both the department of safety and professional services and the department of natural resources in the implementation of ch. NR 746 . Microsoft Windows NT 6.1.7601 Service Pack 1 Section NR 700.03 (58) defines "soil" to mean "unsaturated organic material, derived from vegetation and unsaturated, loose, incoherent rock material, of any origin, that rests on bedrock other than foundry sand, debris and any industrial waste." Microsoft Windows NT 6.1.7601 Service Pack 1