ATCP 31.01(8)(b) (b) Reported and certified to the department by the department of natural resources pursuant to s. ATCP 31.02.

ATCP 31.01(9) (9) “Nonpotable water supply” means an excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for a use other than human consumption or preparation of food products.

ATCP 31.01(10) (10) “Pesticide” means a pesticide as defined in s. 94.67 (25), Stats., or a pesticide active ingredient as defined in s. 94.67 (1), Stats.

ATCP 31.01(11) (11) “Pesticide substance” means any of the following for which an enforcement standard or preventive action limit has been adopted by the department of natural resources:

ATCP 31.01(11)(a) (a) A pesticide;

ATCP 31.01(11)(b) (b) An isomer of a pesticide; or

ATCP 31.01(11)(c) (c) A degradation product or metabolic product of a pesticide.

ATCP 31.01(12) (12) “Pesticide use” means the mixing, use, application, handling, transport, storage or disposal of a pesticide.

ATCP 31.01(13) (13) “Point of standards application” means a location at which the concentration of a substance in groundwater may be measured to determine whether a preventive action limit or enforcement standard has been attained or exceeded, as provided in s. 160.21 (2) (b), Stats., and s. ATCP 31.03.

ATCP 31.01(14) (14) “Preventive action limit” means a numerical value expressing the concentration of a substance in groundwater which is adopted under s. 160.15, Stats.

ATCP 31.01(15) (15) “Property boundary” means the boundary of a total contiguous parcel of land owned by a common owner, regardless of whether public or private roads run through the parcel.

ATCP 31.01(16) (16) “Secretary” means the secretary of the department.

ATCP 31.01(17) (17) “Site-specific response” means a localized regulatory response by the department to groundwater sample findings obtained at a point of standards application, as provided in s. ATCP 31.07.

ATCP 31.01(18) (18) “Special order” means an order of the department which is directed to an individually named or identified respondent.

ATCP 31.01(19) (19) “Substance” means any solid, liquid, semisolid, dissolved solid or gaseous material, naturally occurring or synthetic chemical, parameter for measurement of water quality or biological organism which, in its original form, or as a metabolic or a degradation or waste product, may decrease the quality of groundwater.

ATCP 31.01 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; correction made under s. 13.93 (2m) (b) 5., Stats., Register, February, 1993, No. 447; corrections in (6) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1998, No. 505.

ATCP 31.02 ATCP 31.02 Groundwater test results; use by department.

ATCP 31.02(1) (1) Use of official groundwater test results. An official groundwater test result is presumed to be reliable for purposes of regulatory or enforcement action under this chapter whether or not the department collected or analyzed the official groundwater sample.

ATCP 31.02(2) (2) Use of unofficial groundwater test results. A regulatory or enforcement action under this chapter may be based on a groundwater test result which is not an official groundwater test result only if the department determines that the unofficial groundwater test result is reliable for purposes of the regulatory or enforcement action.

ATCP 31.02 Note Note: If an unofficial groundwater sample is not determined to be reliable for purposes of regulatory or enforcement action under this chapter, the department may nevertheless:

ATCP 31.02 Note 1. Refer the unofficial groundwater test result to the department of natural resources, with or without a recommendation for official sampling and testing.

ATCP 31.02 Note 2. Inform affected persons of the unofficial groundwater test result.

ATCP 31.02 Note 3. Refer the unofficial groundwater test result to state or local health authorities, and to county agricultural extension agents.

ATCP 31.02 Note 4. Initiate further investigation or research related to the unofficial groundwater sample result.

ATCP 31.02(3) (3) Memorandum of understanding. Pursuant to ss. 160.21 (2) (e) and 160.27, Stats., the department shall enter into a memorandum of understanding with the department of natural resources to ensure the reliability of official groundwater test results used by the department for purposes of regulation and enforcement under this chapter. The memorandum of understanding shall govern the reporting and certification of official groundwater test results to the department by the department of natural resources. It shall also govern the collection, handling and analysis of official groundwater samples by the department of natural resources or its designated agents. The memorandum of understanding shall include:

ATCP 31.02(3)(a) (a) Standards for the collection of official groundwater samples, including standards related to:

ATCP 31.02(3)(a)1. 1. Collection equipment and containers.

ATCP 31.02(3)(a)2. 2. Collection procedures.

ATCP 31.02(3)(a)3. 3. Collection records.