Chapter ATCP 29

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.

ATCP 29.56 ATCP 29.56 Landscape applications.

ATCP 29.56(1) (1) Definitions. In this section:

ATCP 29.56(1)(a) (a) “Division” means the agricultural resource management division of the department.

ATCP 29.56(1)(b) (b) “Cemetery grounds manager” means the person responsible for on-site management of cemetery grounds.

ATCP 29.56(1)(c) (c) “Golf course superintendent” means the person responsible for on-site management of a golf course.

ATCP 29.56(1)(d) (d) “Landscape” means turf, ornamental and mulched areas, and areas being prepared for those purposes, that are located in or around residential premises, public or commercial facilities, parks, workplaces, care facilities, recreational areas, and public lands. “Landscape” does not include utility or transportation right-of-way areas, greenhouses, nurseries, or areas used for agricultural production, forest production, or commercial turf production.

ATCP 29.56(1)(e) (e) “Landscape application” means the application of a pesticide to a landscape. “Landscape application” does not include any of the following:

ATCP 29.56(1)(e)1. 1. Pesticide applications for any of the purposes identified in s. ATCP 29.31 (4) or (14).

ATCP 29.56(1)(e)2. 2. A perimeter barrier application.

ATCP 29.56(1)(e)3. 3. Mosquito control applications made by a government entity for public health purposes.

ATCP 29.56(1)(e)4. 4. Pesticide applications made by the department or its agent pursuant to s. 94.01 or 94.02, Stats., or ch. ATCP 21.

ATCP 29.56(1)(f) (f) “Landscape pesticide” means a pesticide that is labeled for use on a landscape.

ATCP 29.56(1)(g) (g) “Ornamental” has the meaning given in s. ATCP 29.01 (25).

ATCP 29.56(1)(h) (h) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

ATCP 29.56(1)(i) (i) “Treated landscape” means that portion of a landscape to which a pesticide is applied.

ATCP 29.56(2) (2) Information to customer. A person hired by a customer to make a landscape application shall provide that customer with all of the following in writing, or electronically if the customer consents in writing to electronic notification:

ATCP 29.56 Note Note: See ch. ATCP 29 Appendix A for an example of a written or electronically transmitted notice under par. (a). Nothing in this section authorizes a commercial applicator to make a landscape application which the customer has not affirmatively authorized.

ATCP 29.56(2)(a) (a) An offer to provide pre-application information under par. (b). The person shall make the offer before making the first landscape application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

ATCP 29.56(2)(b) (b) The following pre-application information, if requested:

ATCP 29.56(2)(b)1. 1. The brand name, product name, or common chemical name of each pesticide that may be applied.

ATCP 29.56(2)(b)2. 2. A copy of the pesticide label for each pesticide that may be applied.

ATCP 29.56(2)(b)3. 3. The date on which the landscape application will be made. The person making the application may communicate the application date orally, rather than in writing, if the requester agrees to oral notification.

ATCP 29.56(2)(b)4. 4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

ATCP 29.56(2)(c) (c) The information required under s. ATCP 29.22. The person making the application shall provide this information to the customer when the application is completed.

ATCP 29.56(3) (3) Warning signs posted.

ATCP 29.56(3)(a) (a) Except as provided under par. (c), a person shall post warning signs at a landscape application site before making a landscape application to that site. Warning signs shall comply with subs. (4) and (5).