ATCP 35.01(19)(g) (g) A solid or liquid pesticide product that is used exclusively for the treatment of swimming pools, spas or hot tubs.

ATCP 35.01(20) (20) “Indirect cost” means any general cost of doing business that cannot be directly and exclusively attributed to a corrective action. “Indirect cost” includes costs for equipment, supplies, services, real estate, structures and improvements, overhead, managerial and staff support, staff training, taxes, insurance, financing and other items which are not directly and exclusively attributable to a corrective action or whose use is not limited to the corrective action.

ATCP 35.01(20m) (20m) “Industrial pesticide” means any of the following pesticides that is not a household pesticide:

ATCP 35.01(20m)(a) (a) A pesticide that is solely labeled for use on wood and contains pentachlorophenol, coal tar creosote or inorganic arsenical wood preservatives.

ATCP 35.01(20m)(b) (b) A pesticide that is labeled for use in controlling algae, fungi, bacteria, other microscopic organisms or mollusks in or on one or more of the following, and is labeled for no other use except a use described in sub. (19) (f) or (g):

ATCP 35.01(20m)(b)1. 1. Textiles, paper, leather, plastic, vinyl or other synthetic materials, metal or rubber.

ATCP 35.01(20m)(b)2. 2. Paints, varnishes, other coating products, lubricants or fuels.

ATCP 35.01(20m)(b)3. 3. Commercial, construction, manufacturing or industrial fluids, including adhesives, additives and pigments.

ATCP 35.01(20m)(b)4. 4. Commercial, construction, manufacturing or industrial processes, equipment, devices or containers, other than those used in the production or storage of human food or animal feed.

ATCP 35.01(20m)(b)5. 5. Air washing, cooling or heat transfer systems.

ATCP 35.01(20m)(b)6. 6. Medical equipment.

ATCP 35.01(20m)(b)7. 7. Drinking water or wastewater systems.

ATCP 35.01(21) (21) “Installment” means a payment by the department, under s. ATCP 35.28, of all or part of a reimbursement amount which the department has approved for payment under s. ATCP 35.08 (4) (c).

ATCP 35.01(22) (22) “Laboratory services” means laboratory analysis and activities that are incidental to laboratory analysis.

ATCP 35.01(22m) (22m) “Landspread” means to spread or deposit on land, other than in a landfill approved by the department of natural resources under s. 289.31, Stats., soil or water removed from a discharge site.

ATCP 35.01(22r) (22r) “Nonhousehold pesticide” means a pesticide that is not a household pesticide or industrial pesticide.

ATCP 35.01(23) (23) “Responsible person” means any of the following persons, or that person’s successor in interest:

ATCP 35.01(23)(a) (a) A person who owns or controls an agricultural chemical that is discharged.

ATCP 35.01(23)(b) (b) A person who causes a discharge.

ATCP 35.01(23)(c) (c) A person on whose property an agricultural chemical is discharged.

ATCP 35.01 History History: Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1), (3), (6), (10), (14), (15) and (20), cr. (7m), (20m), (22m) and (22r), r. and recr. (9) and (19), Register, September, 1998, No. 513, eff. 10-1-98; am. (4), cr. (17m), Register, October, 2000, No. 538, eff. 11-1-00; CR 14-047: am. (3) Register May 2015 No. 713, eff. 6-1-15.

ATCP 35.02 ATCP 35.02 Corrective action order.

ATCP 35.02(1) (1) General. The department may issue an order requiring a responsible person to take a corrective action. An order under this subsection shall include all of the following:

ATCP 35.02(1)(a) (a) The name and address of the responsible person.

ATCP 35.02(1)(b) (b) A description of the property on which the responsible person is required to take corrective action.

ATCP 35.02(1)(c) (c) A description of the corrective action which the responsible person is required to take.

ATCP 35.02(1)(d) (d) A date by which the responsible person is required to complete the corrective action.

ATCP 35.02(1)(e) (e) Notice that the corrective action is required to comply with the following:

ATCP 35.02(1)(e)1. 1. Applicable department rules under chs. ATCP 29 to 33 and this chapter.