Wis. Admin. Code NR 169.05
Definitions
Cite as Wis. Admin. Code NR § 169.05
Definitions.
Definitions. In this chapter:
(1) “Consultant” means a person or business under contract to perform a response action regulated or subject to regulation under chs. NR 702 to 736 .
(2) “Contract services” means services provided by a contractor as part of a response action. Contract services includes all of the following services:
(a) Excavating.
(b) Trucking.
(c) Landspreading.
(d) Waste disposal services
(e) Drilling, including at–depth soil sampling and well installation.
(f) Backfilling and grading, including provision of backfill material.
(g) Laboratory services.
(h) General contractor services.
(i) Other services provided by contractors.
(j) Surveying.
(k) Sampling.
(L) Monitoring.
(3) “Contractor” means a person who contracts to perform all or part of a response action. Contractor includes a consultant, general contractor or subcontractor who contracts to perform all or part of a response action, but does not include an owner or operator or an employee of an owner or operator.
(4) “Department” means the department of natural resources.
(5) “Dry cleaner environmental response council” means the council created under s. 15.347 (2) , Stats.
(6) “Dry cleaning” means to clean with a dry cleaning product.
(7) “Dry cleaning facility” has the meaning specified in s. 292.65 (1) (d) , Stats.
(8) “Dry cleaning product” has the meaning specified in s. 292.65 (1) (e) , Stats.
(9) “Dry store” means a retail outlet specifically for dropping off and picking up apparel or household fabrics that are then transported to a dry cleaning facility for dry cleaning activities, but where dry cleaning does not occur.
(10) “Eligible costs” means costs for which the department is authorized to pay reimbursement under this chapter.
(11) “Fiscal year” means the period beginning on July 1 and ending on the following June 30.
(12) “General contractor” means a consultant or other contractor who, on behalf of an owner or operator, secures or directs the services of other contractors related to a response action. General contractor includes a person who solicits or receives contract bids, prepares contracts, directs response actions performed by others, or enters into contracts with subcontractors to perform response actions.
(12m) “High priority site” means the site of a discharge of dry cleaning product if at least one of the following applies:
(a) Dry cleaning product is present at or above preventive action limits in any well used to provide water for human consumption.
(b) Concentration of dry cleaning product in groundwater exceeds one-tenth solubility levels expected for that product.
(c) Enforcement standards in groundwater are exceeded within 1,200 feet of a well operated by a public utility or within 100 feet of any other well used to provide water for human consumption.
(d) Vapors from dry cleaning product at or above a vapor action level are confirmed within occupied buildings, except for operating dry cleaning facilities and dry stores.
(13) “Immediate action” has the meaning specified in s. 292.65 (1) (gm) , Stats.
(14) “Indirect cost” means any general cost of business that cannot be directly and exclusively attributed to a response 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 items which are not directly and exclusively attributable to a response action or the use of which is not limited to the response action.
(15) “Interim action” has the meaning specified in s. 292.65 (1) (gs) , Stats.
(16) “Launder” has the meaning specified under s. 292.65 (1) (gv) , Stats.
(16g) “Low priority site” means a site that does not meet the definition of a high or medium priority site.
(16r) “Medium priority site” means the site of a discharge of dry cleaning product if at least one of the following applies and the site does not meet the definition of a high priority site:
(a) Contaminants from dry cleaning product in groundwater, soil, or soil vapor extend beyond the boundary of the source property.
(b) Vapor concentrations at or above a vapor risk screening level are confirmed beneath buildings but a vapor action level is not exceeded within occupied buildings regardless of the location or use of the buildings.
(17) “Operator” has the meaning specified under s. 292.65 (1) (h) , Stats.