Chapter ATCP 29

ATCP 29.52(9) (9) Alternative warning signs.

ATCP 29.52(9)(a) (a) A worker protection warning sign under s. ATCP 29.62 may be used in place of a standard warning sign under sub. (8). A worker protection warning sign shall be removed or covered not more than 3 days after the restricted entry interval expires unless the sign continues to be required for another pesticide application at the same site.

ATCP 29.52(9)(b) (b) If a pesticide application site, such as a potted plant or greenhouse bench top, is too small to accommodate standard warning signs under sub. (8), it may be posted with smaller warning signs that are at least 4 inches by 5 inches. The warning signs shall be clearly posted on each side of the application site at intervals of not more than 25 feet. An individual treated plant may be posted with a single sign. The content and format of the smaller signs shall correspond to the content and format of the standard signs under sub. (8).

ATCP 29.52(9)(c) (c) If the pesticide label requires a warning sign which is different from the warning sign under sub. (8), the warning sign specified on the pesticide label shall be used in place of the warning sign under sub. (8).

ATCP 29.52 Note Note: According to s. 94.715 (2) (g), Stats., school boards must ensure that warning signs are posted for pesticide applications to public school grounds.

ATCP 29.52 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.53 ATCP 29.53 Aerial applications.

ATCP 29.53(1) (1) Aircraft. Aircraft used to apply pesticides shall comply with, and be operated according to, applicable regulations of the federal aviation administration and the Wisconsin department of transportation.

ATCP 29.53 Note Note: See certification requirements for aerial applicators under ss. ATCP 29.26, 29.27 and 29.29.

ATCP 29.53(2) (2) Prior notice of application.

ATCP 29.53(2)(a) (a) At least 24 hours before an aerial pesticide application occurs, the person who owns or controls the application site shall notify each adjacent resident from whom that person has received a written request under par. (b) during the same calendar year. Notice is not required if the application site is more than 1/4 mile from the adjacent parcel on which the requester resides.

ATCP 29.53(2)(b) (b) An individual residing on a parcel of land may request advance notice of aerial pesticide applications to any immediately adjacent parcel. Parcels are immediately adjacent if they are directly contiguous, are separated only by a road, railway, or utility right-of-way, or are separated only by a government-owned land corridor or waterway having a width of not more than 66 feet.

ATCP 29.53(2)(c) (c) A request under par. (b) shall be made in writing to the person who owns or controls the application site. The request shall include the requester’s name, mailing address, property location, and telephone number if any. If residents of a migrant labor camp as defined under s. 103.90 (3), Stats., are entitled to request notice under par. (b), the camp operator shall annually request notice on their behalf and shall promptly communicate to them any notice received.

ATCP 29.53(2)(d) (d) A notice under par. (a) may be written or oral. The notice shall include the intended date and time of application, the brand or common name of the pesticide to be applied, and the location of the application site. If the application date changes after the notice is issued, the person who owns or controls the application site shall issue a corrected notice as soon as reasonably possible before the application occurs.

ATCP 29.53(2)(e) (e) Paragraph (a) does not apply to an emergency aerial application needed to control a sudden pest outbreak if, because of the emergency circumstances, there is inadequate time for notice under par. (a). The person who owns or controls the application site shall give notice under par. (a) as soon as reasonably possible before or after the emergency application. The notice shall include a brief explanation of the circumstances constituting the emergency.

ATCP 29.53(2)(f) (f) Any person may give a notice under par. (a) on behalf of the person who owns or controls the application site.

ATCP 29.53 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.54 ATCP 29.54 Chemigation.

ATCP 29.54(1) (1) Definitions. In this section:

ATCP 29.54(1)(a) (a) “Agricultural chemigation system” means a chemigation system that mixes pesticides with irrigated water and applies the pesticides with the irrigation water in an agricultural setting.

ATCP 29.54(1)(am) (am) “Automatic low pressure drain valve” means a self-activating device which is designed and constructed to drain the water supply pipeline in a chemigation system if water pressure falls or the water supply pump ceases operation.

ATCP 29.54(1)(b) (b) “Calibrate” means to measure and adjust the dispersal or output of equipment to control the rate of pesticide dispersal, and the droplet or particle size of pesticides dispersed by that equipment.

ATCP 29.54(1)(c) (c) “Check valve” means a device designed and constructed to close a water supply pipeline, pesticide injection line, or other conduit in a chemigation system and to prevent reverse flow in that line.

ATCP 29.54(1)(d) (d) “Chemigation” means the application of pesticides using a chemigation system.

ATCP 29.54(1)(e) (e) “Chemigation system” means a device or system which mixes pesticides with irrigation water drawn from any source, and which applies the pesticides with the irrigation water. “Chemigation system” includes all of the components of the system. “Chemigation system” does not include any of the following:

ATCP 29.54(1)(e)1. 1. A hand-held or hose-end sprayer.

ATCP 29.54(1)(e)3. 3. A device or system used only to inject pesticides directly into plants.

ATCP 29.54(1)(e)4. 4. A device or system used only to apply pesticides directly to the roots of ornamental trees and shrubs.

ATCP 29.54(1)(f) (f) “Flush time” means the time needed under normal operating conditions to completely fill an irrigation system with water so that all outlets are discharging water.

ATCP 29.54(1)(g) (g) “Injection unit” means a chemical metering pump or device that withdraws pesticide from a supply tank and injects the pesticide into irrigation water during chemigation.

ATCP 29.54(1)(gm) (gm) “Non-agricultural chemigation system” means a chemigation system that is used to apply pesticides in a non-agricultural setting, including to urban lawns and gardens.

ATCP 29.54(1)(h) (h) “Pesticide supply tank” means a container used to hold pesticides for injection into a chemigation system.

ATCP 29.54(1)(j) (j) “Potable water supply” means a well or other source of water which is used for human consumption, hygiene, or preparation of food products.

ATCP 29.54(1)(k) (k) “Reduced pressure principle backflow preventer” means a backflow prevention device consisting of 2 independently acting check valves, spring-loaded to a closed position and separated by an intermediate chamber in which there is an automatic relief that is vented to the atmosphere and spring-loaded to the open position.

ATCP 29.54(1)(km) (km) “Urban pesticide misting system” means a non-agricultural chemigation system that draws water from any source, mixes the water with a pesticide, and applies the mixture outdoors and into the air to kill, repel, or otherwise control pests in an urban setting, including a residential or commercial area.

ATCP 29.54(1)(L) (L) “Vacuum relief valve” means an atmospheric device designed, constructed, and installed to protect against back-siphonage by allowing the entry of air to relieve vacuums in a chemigation system.

ATCP 29.54(2) (2) General requirements.

ATCP 29.54(2)(a) (a) A person operating a chemigation system shall comply with this section.

ATCP 29.54(2)(b) (b) Except as provided under sub. (18), a chemigation system shall be designed and constructed according to this section.

ATCP 29.54(2)(c) (c) A chemigation system shall be designed, constructed, operated, and maintained to do all of the following:

ATCP 29.54(2)(c)1. 1. Comply with the manufacturer’s specifications.

ATCP 29.54(2)(c)2. 2. Prevent pesticides used in the system from contaminating the waters of the state.

ATCP 29.54(2)(c)3. 3. Prevent unreasonable hazards to persons, property, and the environment.

ATCP 29.54 Note Note: See also ss. NR 812.38 and SPS 382.41.

ATCP 29.54(3) (3) Chemigation water supply. No chemigation system may draw water directly from a potable water supply. A chemigation system may draw water from a pond or reservoir to which water has been pumped from a potable water supply, provided that there is an unobstructed vertical air gap between the potable water supply outlet and the flood level of the pond or reservoir. The air gap shall be at least 2 feet, or at least twice the diameter of the effective opening of the water supply outlet, whichever is greater.

ATCP 29.54(4) (4) Chemigation system; construction materials.

ATCP 29.54(4)(a) (a) A chemigation system shall be resistant to corrosion, puncture, and cracking.

ATCP 29.54(4)(b) (b) Every chemigation system component that may come into contact with pesticides shall be chemically compatible with every pesticide used in the system. Before using any pesticide in a chemigation system, the user shall obtain a written confirmation of chemical compatibility from the system manufacturer or the pesticide manufacturer. The user shall keep the written confirmation on file, and shall make it available to the department for inspection and copying upon request.

ATCP 29.54(5) (5) Pesticide injected into chemigation system.

ATCP 29.54(5)(a) (a) No pesticide may be injected into a chemigation system unless the pesticide is labeled for application by chemigation.

ATCP 29.54(5)(b) (b) No pesticide may be injected into a chemigation system contrary to, or inconsistent with, label directions.

ATCP 29.54(5)(c) (c) Every chemigation system shall be properly calibrated to apply the pesticide at the application rate specified on the pesticide label.

ATCP 29.54(5)(d) (d) The point at which pesticides are injected into a chemigation system shall be located downstream from all devices required under subs. (7) to (10).

ATCP 29.54(5)(e) (e) No pesticide may be injected into an urban pesticide misting system unless the pesticide is labeled for application by misting.

ATCP 29.54(5)(f) (f) A rain sensor and a wind sensor must be installed on an urban pesticide misting system to prevent drift and control runoff.

ATCP 29.54(5)(g) (g) A legible copy of the label must be securely attached to an urban pesticide misting system’s reservoir tank or on the outside of the system timer.

ATCP 29.54(6) (6) Pesticide supply tank. No container used to hold pesticides for injection into a chemigation system may be located less than 8 feet horizontally from any water supply, including any well head or surface water source. The pesticide container, pesticide injection unit, and all connections between the pesticide container and injection unit shall be located within secondary containment that complies with ss. ATCP 33.40, 33.42, and 33.44.

ATCP 29.54(7) (7) preventing backflow. A chemigation system shall comply with the following requirements unless the system draws nonpotable water from a privately-owned watertight container or impoundment that is protected by an air gap under sub. (3):

ATCP 29.54(7)(a) (a) A reduced pressure principle backflow preventer shall be installed in every chemigation system, except as provided under pars. (b) to (d). The reduced pressure principle backflow preventer shall be all of the following:

ATCP 29.54(7)(a)1. 1. In compliance with s. SPS 382.41.

ATCP 29.54(7)(a)2. 2. Installed according to the manufacturer’s specifications in the water supply pipeline between the supply pump discharge and the point at which pesticides are injected.

ATCP 29.54(7)(a)3. 3. Maintained in fully operational condition.

ATCP 29.54(7)(a)4. 4. Tested annually by a tester who is currently listed with the department of safety and professional services as a backflow tester.

ATCP 29.54(7)(a)5. 5. Protected so that it does not freeze.

ATCP 29.54 Note Note: The department of safety and professional services can provide a list of persons qualified to test reduced pressure principle backflow preventers.

ATCP 29.54(7)(b) (b) A barometric loop may be installed in a chemigation system, in place of a reduced pressure principle backflow preventer under par. (a), if the chemigation system is not subject to back pressure. The barometric loop shall extend to an elevation at least 35 feet above the highest outlet in the chemigation system. The loop shall be installed in the water supply pipeline between the supply pump discharge and the point at which pesticides are injected.

ATCP 29.54(7)(c) (c) Two check valves may be installed in a chemigation system, in place of a reduced pressure principle backflow preventer under par. (a), if the chemigation system draws from surface waters. The check valves shall be connected in series, and shall be installed in the water supply pipeline between the supply pump discharge and the point at which pesticides are injected. Each check valve shall comply with par. (e), and shall be preceded by a vacuum relief valve under par. (g) and an automatic low pressure drain valve under par. (h).

ATCP 29.54(7)(d) (d) A check valve followed by a gooseneck loop may be installed in a chemigation system, in place of a reduced pressure principle backflow preventer under par. (a), if all of the following conditions are met:

ATCP 29.54(7)(d)1. 1. The chemigation system draws water from surface waters that are higher in elevation than the surface being chemigated.

ATCP 29.54(7)(d)2. 2. The check valve complies with par. (e), and is preceded by an automatic low pressure drain valve under par. (h).

ATCP 29.54(7)(d)3. 3. The gooseneck loop complies with par. (f).

ATCP 29.54(7)(e) (e) A check valve under par. (c) or (d) shall be all of the following:

ATCP 29.54(7)(e)1. 1. Quick-closing by spring action.

ATCP 29.54(7)(e)2. 2. Certified for compliance with underwriters’ laboratory (UL) standard 312.

ATCP 29.54 Note Note: UL Standard 312, published by the underwriters’ laboratory, is on file with the department and the legislative reference bureau.

ATCP 29.54(7)(f) (f) A gooseneck loop under par. (d) shall be constructed and installed so that all of the following conditions are met:

ATCP 29.54(7)(f)1. 1. The irrigation pump is located at a higher elevation than the water source.

ATCP 29.54(7)(f)2. 2. The bottom of the pipe at the apex of the gooseneck loop is at least 24 inches higher in elevation than the highest outlet in the chemigation system.

ATCP 29.54(7)(f)3. 3. The pesticide injection port is located downstream from the gooseneck loop at a point at least 6 inches lower in elevation than the bottom of the pipe at the apex of the loop.

ATCP 29.54(7)(f)4. 4. A vacuum relief valve under par. (g) is installed in the top of the pipe at the apex of the gooseneck loop.

ATCP 29.54(7)(g) (g) Each vacuum relief valve under par. (c) or (f) 4. shall be installed on top of the horizontal water supply pipeline on the supply side of the check valve. The diameter of the vacuum relief valve orifice shall be at least 3/4 inch if the water supply pipe has a nominal inside diameter of 4 inches or less; at least one inch if the pipe diameter is 5 to 8 inches; and at least 2 inches if the pipe diameter is 10 to 12 inches.

ATCP 29.54(7)(h) (h) Each automatic low pressure drain valve under par. (c) or (d) 2. shall be installed on the bottom of the horizontal water supply pipeline on the supply side of the check valve. The automatic low pressure drain valve shall have a minimum orifice diameter of 3/4 inch. The valve shall not extend upward beyond the inside surface of the bottom of the water supply pipeline. The drain outlet shall be located above grade at a distance of at least 2 inches or twice the diameter of the drain outlet, whichever is greater. The drain outlet shall be installed and located so that, when draining occurs, the drained liquid will flow away from any nearby wellhead or surface water.

ATCP 29.54(8) (8) Flow interrupter; pesticide supply line. In every chemigation system, a flow interrupter shall be installed in the pesticide supply line between the pesticide injection unit and the pesticide supply tank. The flow interrupter shall be designed to stop the flow through the pesticide supply line if the pesticide injection unit stops operating. The flow interrupter may consist of a normally closed, solenoid-operated valve or similar device which forms part of the interlock system under sub. (11).

ATCP 29.54(9) (9) Flow sensor; injection line. In every chemigation system, a flow sensor or pressure switch shall be installed at or near the outlet of the injection pump on the injection line. The flow sensor or pressure switch shall be installed so that, if the injection line fails for any reason, the flow sensor or pressure switch will shut off the injection pump.

ATCP 29.54(10) (10) Check valve; pesticide injection line. In every chemigation system, a check valve shall be installed in the pesticide injection line between the pesticide injection unit and the point at which pesticides are injected into the water supply. The check valve shall be spring loaded and have a minimum opening or cracking pressure of 10 pounds per square inch.

ATCP 29.54(11) (11) Interlock between water pump and pesticide injection unit. In every chemigation system, there shall be a mechanical or electrical interlock between the water supply pump and the pesticide injection unit. If the flow of water is interrupted, the interlock shall immediately shut off the pesticide injection unit.

ATCP 29.54(12) (12) Water pressure failure; automatic shut-off. In every chemigation system, a low pressure switch shall be effectively designed and installed to shut off power to the application system if water pressure decreases to the point that the pesticide application no longer complies with the pesticide label directions.

ATCP 29.54(13) (13) Purging a chemigation system. After pesticide injection is completed, water shall be pumped through a chemigation system for at least the flush time of the application system.

ATCP 29.54(14) (14) Chemigation operating plan; contents. A chemigation system shall be operated according to a written operating plan that describes all of the following: