Register July 2011 No. 667
Chapter ATCP 35
AGRICULTURAL CHEMICAL CLEANUP PROGRAM
Corrective action order.
Costs eligible for reimbursement.
Application for reimbursement.
Department action on reimbursement application.
Responsible person; eligibility for reimbursement.
Corrective actions not eligible for reimbursement.
Costs not eligible for reimbursement.
Multiple responsible persons.
Interest on approved reimbursement amounts.
Partial corrective action; reimbursement.
Contested insurance claim; duplicate reimbursement; repayment.
Hearing on denial of reimbursement application.
Agricultural chemical cleanup council.
Ch. ATCP 35 Note
This chapter codifies the agricultural chemical cleanup program created under s. 94.73
, Stats. Persons seeking information about the program, or wishing to file an application for reimbursement of cleanup costs, may contact the agricultural cleanup program in the division of agricultural resource management, Wisconsin department of agriculture, trade and consumer protection, P.O. Box No. 8911, Madison, Wisconsin, 53708-8911.
In this chapter:
"Active groundwater remediation" means active physical, biological or chemical manipulation of groundwater, or of the rock or soil media in which groundwater is situated, for the purpose of reducing the amount of agricultural chemical contamination or minimizing the spread of contamination. "Active groundwater remediation" includes treatment by means of aeration, bio-augmentation, planned nutrient loading or pump-and-treat methods.
"Active soil remediation" means active physical, biological or chemical manipulation of soil for the purpose of reducing the amount of agricultural chemical contamination in soil. "Active soil remediation" includes treatment by means of excavation and landspreading, aeration, bio-augmentation or planned nutrient loading.
"Agricultural chemical" means a substance that is a fertilizer or a nonhousehold pesticide, and that is a hazardous substance as defined in s. 292.01 (5)
"Approved corrective action costs" means eligible corrective action costs which the department has approved for reimbursement under s. ATCP 35.08 (4)
"Contiguous land" means land included in the same parcel or an adjacent parcel. "Contiguous land" includes parcels that are separated only by a road, railway, or utility right-of-way, or by a government-owned land corridor or waterway not wider than 66 feet.
"Contractor" means a person who contracts to perform all or part of a corrective action. "Contractor" includes a consultant, general contractor or subcontractor who contracts to perform all or part of a corrective action, but does not include a responsible person or an employee of a responsible person.
"Contract services" means services provided by a contractor as part of a corrective action. "Contract services" includes all of the following services:
Drilling, including at-depth soil sampling and well installation.
"Corrective action" means an action, consisting of one or more corrective measures under sub. (12)
, that is taken or ordered in response to a discharge in this state, and that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands or waters of this state. "Corrective action" includes an action taken or ordered by the department of natural resources under s. 292.11 (7)
, Stats., in response to a discharge, but does not include an action ordered by the department of natural resources under s. 291.37 (2)
, Stats. "Corrective action" does not include any action taken or required to be taken before January 1, 1989.
"Corrective action costs" means reasonable costs that a responsible person has actually incurred for a necessary corrective action.
Investigation to determine the extent and severity of environmental contamination caused by a discharge, including sampling and analysis of soils, groundwater or other media.
Containment, removal, treatment or monitoring of environmental contamination caused by a discharge.
Transportation, storage, land application or disposal of materials contaminated by a discharge.
Other corrective measures approved or ordered by the department.
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 35.01 Note
Under s. 292.01 (3)
, Stats., "discharge" includes, but is not limited to, spilling, leaking, pumping, pouring, emptying, emitting or dumping.
"Discharge site" means the area affected by one or more discharges. "Discharge site" includes all contiguous land that is owned, leased or controlled by the responsible person at the time the discharge occurs, plus any other area affected by the discharge.
"Eligible corrective action costs" means costs on which the department is authorized to pay reimbursement under this chapter.
"Fiscal year" means the state fiscal year ending June 30.