NR 747.01(5)(b) (b) The department determines that the objectives of the PECFA program would be furthered by the use of a specific remedial technology.

NR 747.01 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94; am. (2), (3) (a), (4) (c) and (5), renum. (4) (d) and (e) to be (4) (f) and (g), cr. (4) (d) and (e), Register, December, 1998, No. 516, eff. 1-1-99; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 747.015 NR 747.015 Definitions. In this chapter:

NR 747.015(1) (1) “Active treatment” means a remedial activity that is not natural attenuation or monitoring but is conducted in situ. Active treatment includes use of biological or chemical agents to augment remediation of contamination.

NR 747.015(2) (2) “Agent” means a person or organization designated by an owner, operator or person owning a home oil tank system to act on behalf of the owner or operator or person owning the home oil tank system in conducting the remedial activities.

NR 747.015(3) (3) “Annual aggregate” means the total amount of awards that an owner or operator may obtain during a program year under this chapter.

NR 747.015(4) (4) “Award” means the reimbursement provided to an owner or operator or person owning a home heating oil tank system for eligible costs incurred because of a petroleum product discharge from a petroleum product storage system or home oil tank system.

NR 747.015(5) (5) “Bodily injury” has the meaning under s. 292.63 (1) (ad), Stats., however, this term shall not include those liabilities which, consistent with standard insurance industry practices, such as specified in s. Ins 6.35, are excluded from coverage in liability insurance policies for bodily injury.

NR 747.015(6) (6) “Claimant” means any party who is eligible to submit a claim for an award under this chapter. Under this chapter, the claimant may also be the responsible party.

NR 747.015(7) (7) “Closed remedial action” means that the department has determined, based on information available at the time, that no further action is necessary. A closed remedial action includes the approval of remediation by natural attenuation as a final site remedy. A determination that no further action is required might include one or more deed or use restrictions placed on a property, or other requirements, which are conditions for approval.

NR 747.015(8) (8) “Consultant” means a person who performs or provides professional investigation, interpretation, design or technical project management services including, but not limited to, conducting site investigations, preparing remedial action plans and alternatives, and interpretation of data for passive or active bio-remediation systems. An owner or operator may prepare bid documents and complete other requirements of the bid process without being designated as a consultant.

NR 747.015 Note Note: See s. SPS 305.81 for departmental credential requirements for consultants.

NR 747.015(9) (9) “Consulting firm” means a corporation, partnership, sole proprietor or independent contractor who performs or provides professional engineering or hydrogeology services including but not limited to conducting site investigations, preparing remedial action plans and alternatives, designing and supervising the installation of remedial systems and plans for passive bio-remediation with long-term monitoring.

NR 747.015 Note Note: See s. SPS 305.80 for departmental credential requirements for consulting firms.

NR 747.015(10) (10) “Costs incurred” means costs integral to the remediation of a site which have been paid by a responsible party. Costs are considered incurred when funds are disbursed to the creditor, i.e., invoices have been paid and verification is available.

NR 747.015(11) (11) “Department” means the department of natural resources.

NR 747.015(12) (12) “Discharge” means spilling, leaking, pumping, pouring, emitting, or emptying, but does not include dumping.

NR 747.015(13) (13) “DNR” means the Wisconsin department of natural resources.

NR 747.015(14) (14) “Emergency action” means an immediate response to protect public health or safety.

NR 747.015 Note Note: An emergency action would normally be expected to be directly related to a sudden event or discovery. Simple removal of contaminated soils, recovery of free product, or relief from financial hardship are not considered emergency actions.

NR 747.015(15) (15) “Entity” means any of the following:

NR 747.015(15)(a) (a) A person owning a home oil tank system.

NR 747.015(15)(b) (b) A business required to maintain a worker’s compensation insurance policy under ch. DWD 80.

NR 747.015(15)(c) (c) An owner or operator who is completely independent of any other business or corporation with coverage under the PECFA program.

NR 747.015(16) (16) “Financial hardship claimant” means a claimant that has employed no more than 4 individuals, who are not immediate family members, at any time during the year prior to claim submittal and is able to document this through payroll or tax records.

NR 747.015(17) (17) “Fund” means the petroleum environmental cleanup fund administered by the department.

NR 747.015(18) (18) “Grossly negligent” means the conscious or reckless disregard for the negative consequences of one’s actions or inaction.

NR 747.015(19) (19) “Heating oil” has the same meaning as set forth in ch. ATCP 93.

NR 747.015 Note Note: The definition in chapter ATCP 93 for heating oil reads as follows: “ ‘Heating fuel’ or ‘heating oil’ means petroleum that is No. 1, No. 2, No. 4—light, No. 4—heavy, No. 5—light, No. 5—heavy, and No. 6 technical grade grades of fuel oil; other residual fuel oils, including Navy Special Fuel Oil and Bunker C; and other fuels when used as substitutes for one of these, including used oil or used cooking oils when used in an oil burner to provide space heat or processing heat for consumptive use on the property.”