Chapter ATCP 29

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:

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).