ATCP 33.01(10) (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.

ATCP 33.01(11) (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.

ATCP 33.01(12) (12) “Dry fertilizer” means fertilizer in solid form.

ATCP 33.01(13) (13) “Dry pesticide” means pesticide in solid form, pesticide-impregnated fertilizer, and includes pesticides formulated as dusts, wettable powders, dry flowable powders or granules.

ATCP 33.01(14) (14) “Fertilizer” has the meaning given in s. 94.64 (1) (e), Stats., except that it does not include manipulated manure or anhydrous ammonia.

ATCP 33.01 Note Note: Under s. 94.64 (1) (e), Stats., “fertilizer” means any substance, containing one or more plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal or vegetable manures, marl, liming material, sewage sludge other than finished sewage sludge products, and wood ashes. “Fertilizer” includes fertilizer materials, mixed fertilizers, custom mixed fertilizers, nonagricultural fertilizers and all other fertilizers or mixtures of fertilizers, regardless of type or form.

ATCP 33.01(15) (15) “Groundwater” means any waters of the state occurring in a saturated subsurface geological formation of rock or soil.

ATCP 33.01(16) (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.

ATCP 33.01(17) (17) “Inorganic soil” means a soil composed of less than 30% organic matter, measured as less than 15% organic carbon by weight.

ATCP 33.01(18) (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.

ATCP 33.01(19) (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.

ATCP 33.01(20) (20) “Manufacture” means to do any of the following, as applicable:

ATCP 33.01(20)(a) (a) Process, granulate, compound, produce, mix, blend or alter the composition of fertilizer.

ATCP 33.01(20)(b) (b) Process, formulate, prepare, compound, propagate, package or label any pesticide.

ATCP 33.01(21) (21) “Mini–bulk container” means any of the following:

ATCP 33.01(21)(a) (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.

ATCP 33.01(21)(b) (b) A container that holds more than 100 pounds (45 kilograms) but not more than 2,500 pounds (1,136 kilograms) of dry fertilizer.

ATCP 33.01(21)(c) (c) A container that holds more than 100 pounds (45 kilograms) but not more than 1,000 pounds (454 kilograms) of dry pesticide.

ATCP 33.01(22) (22) “Mixing and loading pad” means a surface that complies with subchapter IV.

ATCP 33.01(23) (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.

ATCP 33.01(24) (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.

ATCP 33.01(25) (25) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust or other legal entity.

ATCP 33.01(26) (26) “Pesticide” has the meaning given in s. 94.67 (25), Stats. “Pesticide” includes all of the following:

ATCP 33.01(26)(a) (a) A fertilizer-pesticide mixture.

ATCP 33.01(26)(b) (b) A substance that is labeled as a pesticide for use in further manufacture or formulation of pesticides.

ATCP 33.01 Note Note: Under s. 94.67 (25), Stats., “pesticide” means any substance or mixture of substances labeled or designed or intended for use in preventing, destroying, repelling or mitigating any pest, or as a plant regulator, defoliant or desiccant.

ATCP 33.01(27) (27) “Professional engineer” means an individual licensed as a professional engineer by the Wisconsin department of safety and professional services.

ATCP 33.01(28) (28) “Rinsate” means water or other liquid containing fertilizer or pesticide residue. “Rinsate” includes liquid produced by the rinsing of fertilizer or pesticide containers.

ATCP 33.01(29) (29) “Secondary containment structure” means a structure that is designed to contain a discharge from a storage container or appurtenance.