Section 33.01. Definitions.

  In this chapter:

(1)  "API 650" means the American Petroleum Institute standard 650 , Welded Steel Tanks for Oil Storage , 10 th edition.

(2)  "API 653" means the American Petroleum Institute standard 653, Tank Inspection, Repair, Alteration, and Reconstruction , 3 rd edition.

(3)  "API 653-certified inspector" means an inspector certified by the American Petroleum Institute, according to API 653, to inspect facilities for compliance with API 653.

(4)  "Appurtenances" means all valves, pumps, fittings, pipes, hoses, gauges, metering devices, mixing containers, and dispensing devices that are connected to a storage container, or through which liquid bulk fertilizer or liquid bulk pesticide is transferred into or out of a storage container.

(5)  "Bedrock" means 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.

(6)  "Bladder tank" means a covered liquid-tight steel tank containing a flexible liquid-tight bladder that holds the contents of the tank.

(7)  "Bulk fertilizer" means fertilizer in a container larger than 55 gallons (208 liters), or dry fertilizer in undivided quantities greater than 100 pounds (45 kilograms).

(8)  "Bulk pesticide" means liquid pesticide in a container larger than 55 gallons (208 liters), or dry pesticide in undivided quantities greater than 100 pounds (45 kilograms).

(9)  "Department" means the Wisconsin department of agriculture, trade and consumer protection.

(10)  "Discharge" means a spill, leak or other release of bulk fertilizer, bulk pesticide or rinsate. "Discharge" includes a spill, leak or other release that is contained within a mixing and loading pad, sump or secondary containment structure. "Discharge" does not include the legal use or disposal, according to this chapter, of material recovered from a mixing and loading pad, sump or secondary containment structure.

(11)  "Distribute" means to import, consign, sell, offer for sale, solicit orders for sale, or otherwise supply fertilizer or pesticide for sale or use in this state.

(12)  "Dry fertilizer" means fertilizer in solid form.

(13)  "Dry pesticide" means pesticide in solid form, pesticide-impregnated fertilizer, and includes pesticides formulated as dusts, wettable powders, dry flowable powders or granules.

(14)  "Fertilizer" has the meaning given in s. 94.64 (1) (e) , Stats., except that it does not include manipulated manure or anhydrous ammonia.

(15)  "Groundwater" means any waters of the state occurring in a saturated subsurface geological formation of rock or soil.

(16)  "Handling" means the transfer, loading, unloading, mixing or repackaging of bulk fertilizer or bulk pesticide, or the cleaning of containers or equipment to remove fertilizer or pesticide residues. "Handling" includes transferring water into a container that contains pesticide or fertilizer residues.

(17)  "Inorganic soil" means a soil composed of less than 30% organic matter, measured as less than 15% organic carbon by weight.

(18)  "Liquid fertilizer" means fertilizer in liquid form. "Liquid fertilizer" includes fertilizer solutions, fertilizer suspensions, fertilizer slurries and dilute fertilizers intended for distribution as fertilizer.

(19)  "Liquid pesticide" means pesticide in liquid form. "Liquid pesticide" includes pesticide solutions, pesticide emulsions, pesticide suspensions, pesticide slurries and dilute pesticides intended for distribution as pesticides.

(20)  "Manufacture" means to do any of the following, as applicable:

(a) Process, granulate, compound, produce, mix, blend or alter the composition of fertilizer.

(b) Process, formulate, prepare, compound, propagate, package or label any pesticide.

(21)  "Mini–bulk container" means any of the following:

(a) A storage container, designed for ready handling and transport, which holds more than 55 gallons (208 liters) but not more than 350 gallons (1,325 liters) of liquid fertilizer or liquid pesticide.

(b) A container that holds more than 100 pounds (45 kilograms) but not more than 2,500 pounds (1,136 kilograms) of dry fertilizer.

(c) A container that holds more than 100 pounds (45 kilograms) but not more than 1,000 pounds (454 kilograms) of dry pesticide.

(22)  "Mixing and loading pad" means a surface that complies with subchapter IV .

(23)  "Mobile container" means a bulk fertilizer or bulk pesticide storage container that is anchored to a vehicle, trailer or axles, and that can be readily transported when full. "Mobile container" includes a rail car, a nurse tank, or a supply container on application equipment.

(24)  "Operator" means a person who owns, operates or legally controls a storage facility, either directly or through an employee or agent, and includes employees and agents of an operator.

(25)  "Person" means an individual, corporation, partnership, cooperative, limited liability company, trust or other legal entity.

(26)  "Pesticide" has the meaning given in s. 94.67 (25) , Stats. "Pesticide" includes all of the following:

(a) A fertilizer-pesticide mixture.

(b) A substance that is labeled as a pesticide for use in further manufacture or formulation of pesticides.

(27)  "Professional engineer" means an individual licensed as a professional engineer by the Wisconsin department of safety and professional services.

(28)  "Rinsate" means water or other liquid containing fertilizer or pesticide residue. "Rinsate" includes liquid produced by the rinsing of fertilizer or pesticide containers.

(29)  "Secondary containment structure" means a structure that is designed to contain a discharge from a storage container or appurtenance.

(30)  "Storage bin" means a stationary receptacle used to store an undivided quantity of dry bulk fertilizer or dry bulk pesticide.

(31)  "Storage container" means a container used to store liquid bulk fertilizer or liquid bulk pesticide at a storage facility. "Storage container" includes a mobile container.

(32)  "Storage facility" means a place where bulk fertilizer or bulk pesticide is or has been stored for distribution, or for the manufacture of fertilizer or pesticide. "Storage facility" does not include a place where a mobile container is parked for unloading if all of the following apply:

(a) No person who owns or controls the parking location, or receives the unloaded fertilizer or pesticide, is engaged in the manufacture or distribution of fertilizer or pesticide.

(b) The fertilizer or pesticide is unloaded with the consent of a person who owns or controls the parking location.

(c) The fertilizer or pesticide is unloaded at the parking location for no more than 3 other persons, for application to a total of no more than 500 acres, in any calendar year.

(d) The mobile container, if unloaded for any person other than the person who owns or controls the parking location, has a capacity of no more than 500 gallons.

(e) The mobile container is parked at the location for no longer than 7 days.

(33)  "Structure" means a storage building, storage container, mixing and loading pad, sump, secondary containment structure, or rail car unloading area.

(34)  "Substantially alter" means to reconstruct, replace, structurally modify or change the capacity of a structure, or make any other change that may affect the containment of bulk fertilizer or bulk pesticide or the containment or recovery of discharges. "Substantially alter" does not include routine repair or maintenance, or routine replacement of parts with like parts.

(35)  "Sump" means a pit or receptacle that receives and collects liquid runoff from a mixing and loading pad or secondary containment structure.

(36)  "Tank-in-tank" means a steel storage container enclosed within a liquid-tight steel tank with which it shares a common roof but no common walls or floor. "Tank-in-tank" does not include a storage container with a double bottom.

(37)  "Waters of the state" means 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.