Definitions

Definitions. Definitions. In this chapter: (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. (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. (3) “Annual aggregate” means the total amount of awards that an owner or operator may obtain during a program year under this chapter. (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. (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. (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. (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. (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. (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. (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. (11) “Department” means the department of natural resources. (12) “Discharge” means spilling, leaking, pumping, pouring, emitting, or emptying, but does not include dumping. (13) “DNR” means the Wisconsin department of natural resources. (14) “Emergency action” means an immediate response to protect public health or safety. (15) “Entity” means any of the following: (a) A person owning a home oil tank system. (b) A business required to maintain a worker’s compensation insurance policy under ch. DWD 80 . (c) An owner or operator who is completely independent of any other business or corporation with coverage under the PECFA program. (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. (17) “Fund” means the petroleum environmental cleanup fund administered by the department. (18) “Grossly negligent” means the conscious or reckless disregard for the negative consequences of one’s actions or inaction. (19) “Heating oil” has the same meaning as set forth in ch. ATCP 93 . (20) “Home heating oil tank systems” has the meaning set forth in s. 292.63 (1) (cm) , Stats. (21) “Immediate family members” means parents, stepparents, grandparents, children, stepchildren, grandchildren, brothers (and their spouses), sisters (and their spouses), aunts, uncles, sons-in-law or daughters-in-law of the claimant or the claimant’s spouse. (22) “Independent” means entirely and completely free from any common control, guidance, ability to influence, significant financial interest or mutual benefit. Significant financial interest means ownership of more than 5% of a firm or business entity by the consulting firm, consultant or the consultant’s family. (23) ”Interim action” means a response action taken to contain, stabilize or recover a discharge of a hazardous substance, in order to minimize any threats to public health or safety, while other response actions are being taken or planned for the site or facility. (24) “Investigation awards” means awards that are made for investigative activities when no discharge is found, if the owner, operator or person owning a home heating oil tank system has written direction from the department to conduct an investigation under s. 292.63 (4) (es) , Stats. (25) “Loan secured” means the point at which a financial organization and customer have completed all documents associated with a commitment of funds and an agreement to repay the funding. The term applies to original loans and to the creation of additional funding. (26) “Natural attenuation” means the reduction in the concentration and mass of a substance and its breakdown products in groundwater or soils, or both, due to naturally occurring physical, chemical or biological processes. (27) “Occurrence” has the meaning set forth in s. 292.63 (1) (cs) , Stats. (28) “Operator” has the meaning set forth in s. 292.63 (1) (d) , Stats. (29) “Outstanding unreimbursed loan amount” means funds that have been disbursed by the financial organization for actual costs incurred by the borrower’s service providers and any earned interest charges, less any amounts reimbursed by the PECFA program. (30) “Owner” is an entity under the PECFA program or a trust and in addition has the meaning set forth in s. 292.63 (1) (e) , Stats. (31) “Passive bio-remediation” has the same meaning as “natural attenuation”. (32) “PECFA” means petroleum environmental cleanup fund award, as established in s. 292.63 , Stats. (33) “Person” has the meaning set forth in ch. ATCP 93 . (34) “Petroleum product” has the meaning set forth in s. 292.63 (1) (f) , Stats. (35) “Petroleum product storage system” has the meaning set forth in s. 292.63 (1) (fg) , Stats. (36) “Pollution impairment” means bodily injury or property damage arising from the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of a petroleum product. (37) “Prime rate” means the most recent rate published in the Wall Street Journal under Money Rates — Prime Rate. (38) “Program year” has the meaning set forth in s. 292.63 (1) (g) , Stats.