Chapter ATCP 29

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:

ATCP 29.54(14)(a) (a) Sensitive nontarget areas that may be subject to overspray or drift from the chemigation system. Sensitive nontarget areas include all of the following:

ATCP 29.54(14)(a)1. 1. Surface water.

ATCP 29.54(14)(a)2. 2. Wetlands.

ATCP 29.54(14)(a)3. 3. Public roads within 100 feet of the application site.

ATCP 29.54(14)(a)4. 4. Residences, migrant labor camps, schools, playgrounds, day care facilities, health care facilities, commercial or industrial facilities, public recreation areas or other areas, located within 300 feet of the application site, at which individuals are likely to be present during the chemigation application.

ATCP 29.54(14)(b) (b) Effective methods for preventing overspray and drift, including all of the following:

ATCP 29.54(14)(b)1. 1. Effective methods for monitoring wind speed and direction.

ATCP 29.54(14)(b)2. 2. Effective methods for disabling sprinkler heads or end guns, when necessary.

ATCP 29.54(14)(c) (c) Effective methods to prevent backflow from the chemigation system.

ATCP 29.54(14)(d) (d) Effective methods to ensure that the chemigation system is properly calibrated at all times.

ATCP 29.54(14)(e) (e) Effective methods to monitor chemigation operations and ensure that the chemigation system is functioning properly. Monitoring shall include personal observation under sub. (16).

ATCP 29.54(14)(f) (f) The flush time for the chemigation system.

ATCP 29.54(14)(g) (g) Safety procedures and required safety equipment for persons who operate, repair, or monitor the chemigation system.

ATCP 29.54(15) (15) Chemigation operating plan; location and availability. When a chemigation system is operating, the chemigation operating plan under sub. (14) shall be kept at the chemigation site or in the custody of the individual who is operating the chemigation system. A person who owns or operates a chemigation system shall also keep a copy of the plan at that person’s business office or residence. A person having custody of a plan shall make it available to the department for inspection and copying upon request.

ATCP 29.54(16) (16) Observing chemigation operations. An individual operating a chemigation system shall be present at the chemigation site at all times when chemigation overspray or drift may affect sensitive nontarget areas under sub. (14) (a). For other chemigation operations, the individual shall be present at least hourly. An individual is not present unless the individual can effectively monitor whether the chemigation system is properly functioning, whether it is properly calibrated, whether it is causing pesticide overspray or drift, and whether it is creating an unreasonable hazard to persons, property, or the environment. If a pesticide label imposes additional observation requirements, the operator of the chemigation system shall comply with those requirements.

ATCP 29.54(17) (17) Warning signs.

ATCP 29.54(17)(a) (a) A person operating a chemigation system shall post warning signs at the chemigation application site if any of the following apply:

ATCP 29.54(17)(a)1. 1. Any portion of the application site is located within 100 feet of a public road.

ATCP 29.54(17)(a)2. 2. Any portion of the application site is located within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other area where individuals are likely to be present during the operation of the chemigation system.

ATCP 29.54 Note Note: A chemigation application site must also be posted in compliance with s. ATCP 29.52.

ATCP 29.54(17)(b) (b) Warning signs under par. (a) shall comply with all of the following:

ATCP 29.54(17)(b)1. 1. Warning signs shall be posted before chemigation begins, and shall remain posted until chemigation is completed and treated surfaces have dried. All warning signs shall be intact and fully legible throughout the required posting period. Warning signs may remain posted indefinitely if they are intact and fully legible during all required posting periods.

ATCP 29.54(17)(b)2. 2. Warning signs shall be posted at regular intervals along the border between the application site and any road or area identified under par. (a), and at normal points of access to the application site. At least one warning sign shall be posted for each 1/4 mile of border. At least one warning sign shall be posted at each application site identified under par. (a).

ATCP 29.54(17)(b)3. 3. The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix E. A warning sign may contain supplementary information, beyond that shown in ch. ATCP 29 Appendix E, if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix E.

ATCP 29.54(18) (18) Alternative chemigation system.

ATCP 29.54(18)(a) (a) The department may issue a permit authorizing an alternative chemigation system that does not comply with this section if the alternative chemigation system provides equal or greater protection to the waters of the state, and complies with other applicable state and federal laws.

ATCP 29.54(18)(b) (b) A person applying for a permit under par. (a) shall apply in writing, and shall include all relevant information and design specifications required by the department. The department shall grant or deny a permit within 45 days after receiving a complete application.

ATCP 29.54 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; correction in (7) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; CR 12-003: r. and recr. (1) (a), cr. (1) (am), (gm), (km), r. (1) (e) 2., cr. (5) (e) to (g), am. (7) (a) 1., (10), (12), (13) Register May 2013 No. 689, eff. 6-1-13; correction in (17) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 14-047: am. (1) (e) 4. Register May 2015 No. 713, eff. 6-1-15.

ATCP 29.55 ATCP 29.55 Commercial applications to residential structures.

ATCP 29.55(1) (1) Definitions. In this section:

ATCP 29.55(1)(a) (a) “Common area” means an area in a residential structure that is accessible to residents but is not part of any individual dwelling unit.

ATCP 29.55(1)(b) (b) “Dwelling unit” means that portion of a residential structure that is used, or designed for use, as a residence by a household.

ATCP 29.55(1)(c) (c) “Resident” means any person residing in a residential structure.

ATCP 29.55(1)(d) (d) “Residential application” means the application of a pesticide, other than a germicide, sanitizer, or disinfectant, to a residential structure. “Residential application” includes perimeter barrier applications, but does not include an individual’s application of a pesticide to a dwelling unit in which that individual resides, provided that the individual does not apply the pesticide to other dwelling units or common areas in the residential structure, or its perimeter barrier.

ATCP 29.55(1)(e) (e) “Residential structure” means a structure used wholly or in part as a human residence, and includes all facilities and furnishings pertaining to that structure. Residential structure includes a residential structure occupied on a rental basis, and also includes a mobile home. Residential structure does not include any of the following:

ATCP 29.55(1)(e)1. 1. A hotel, motel, or similar premises occupied on a transient basis.

ATCP 29.55(1)(e)2. 2. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.

ATCP 29.55(1)(e)3. 3. A prison, jail, or other place of detention.

ATCP 29.55(1)(f) (f) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

ATCP 29.55(2) (2) Information to customer. A person hired by a customer to make a residential application shall provide that customer with all of the following:

ATCP 29.55(2)(a) (a) A written notice offering to provide pre-application information under par. (b). The written notice may be provided electronically to the customer if the customer consents in writing to such notification. The person shall make the offer before making the first residential application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

ATCP 29.55 Note Note: See ch. ATCP 29 Appendix A for an example of a written offer of information under par. (a). Nothing in this section authorizes a commercial applicator to make a residential application which the customer has not affirmatively authorized.

ATCP 29.55(2)(b) (b) The following pre-application information, in writing, if requested by the customer:

ATCP 29.55(2)(b)1. 1. The brand name, product name, or common chemical name of each pesticide that may be applied.

ATCP 29.55(2)(b)2. 2. A copy of the pesticide label for each pesticide that may be applied.

ATCP 29.55(2)(b)3. 3. The date on which the pesticide application will be made. The date may be communicated orally, rather than in writing, if the requester agrees to oral notification.

ATCP 29.55(2)(b)4. 4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

ATCP 29.55(2)(c) (c) The information required under s. ATCP 29.22. This information shall be provided within the time period specified under s. ATCP 29.22.

ATCP 29.55(3) (3) Notice to residents.

ATCP 29.55(3)(a) (a) A person making a residential application shall provide the following information in writing to residents at the time of the application:

ATCP 29.55(3)(a)1. 1. The name and address of the person making the application, and a telephone number at which residents can obtain further information about the application.

ATCP 29.55 Note Note: The name and address under subd. 1. may be the name and address of the business entity making the residential application.

ATCP 29.55(3)(a)2. 2. The first and last name of each individual making the application and, if the application is one for which the individual must be licensed under s. ATCP 29.25, the individual’s license number.

ATCP 29.55(3)(a)3. 3. The brand name, product name, or common chemical name of the pesticide applied.

ATCP 29.55(3)(a)4. 4. The concentration and total quantity of each pesticide applied, or the amount of pesticide product applied per unit area and the total area treated.

ATCP 29.55(3)(a)5. 5. Any pertinent post-application precautions stated on the pesticide label. If the pesticide label prescribes a restricted entry interval, the person making the residential application shall also post a warning sign under s. ATCP 29.52 at each entrance to each treated area.

ATCP 29.55(3)(a)6. 6. The month, day, year, and approximate starting and ending time of the pesticide application.

ATCP 29.55(3)(a)7. 7. Notice that a copy of the pesticide label is available upon request. The person making the residential application shall provide a copy of the pesticide label to each resident who requests a copy, but may first require the requester to pay reasonable copying and postage costs if the requester is not the customer who contracted for the application.

ATCP 29.55(3)(a)8. 8. A specific description of the location of the pesticide application site. The description shall contain sufficient information and detail so that the location of the pesticide application can be readily determined.

ATCP 29.55(3)(b) (b) A person making a residential application in any dwelling unit shall leave the information under par. (a) with an adult resident of that dwelling unit, or shall prominently post the information at the entrance to that dwelling unit.

ATCP 29.55(3)(c) (c) A person making a residential application to any common area within a residential structure, or making a perimeter barrier application, shall provide the information under par. (a) by posting clearly legible notices in common entryways or other conspicuous locations so that all residents are likely to see the notices.

ATCP 29.55 Note Note: A person making a residential application must comply with sub. (3) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must provide information to tenants residing in those units.

ATCP 29.55(4) (4) Restricted entry interval; warning signs. If a person makes a residential application of a pesticide whose label prescribes a restricted entry interval, that person shall post a warning sign at each entrance to the treated area. Each warning sign shall be at least 8 1/2 inches by 11 inches. The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix D. The person making the residential application shall post the warning sign before the application begins, and shall not remove it until the restricted entry interval expires.

ATCP 29.55 Note Note: A person making a residential application must comply with sub. (4) regardless of whether the application is a contract application. For example, a landlord making a residential application to the landlord’s own rental units must post warning signs under sub. (4) if the pesticide label prescribes a restricted entry interval. See also s. ATCP 29.52 (3) which provides that landlords and contract applicators are individually and jointly responsible for posting warning signs.

ATCP 29.55 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; CR 12-003: am. (1) (d), (2) (a), cr. (3) (a) 8., am. (3) (c) Register May 2013 No. 689, eff. 6-1-13; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.