Wisconsin Legislature: ATCP 29.55 Note

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

(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.

(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.

(17) Warning signs.

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

1. Any portion of the application site is located within 100 feet of a public road.

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.

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

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

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.

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).

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.

(18) Alternative chemigation system.

(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.

(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.

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 Commercial applications to residential structures.

(1) Definitions. In this section:

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

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

(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.

(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:

1. A hotel, motel, or similar premises occupied on a transient basis.

2. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.

3. A prison, jail, or other place of detention.

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

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

(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.

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.

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

1. The brand name, product name, or common chemical name of each pesticide that may be applied.

2. A copy of the pesticide label for each pesticide that may be applied.

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.

4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

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

(3) Notice to residents.

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

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.

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

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.

3. The brand name, product name, or common chemical name of the pesticide applied.

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.

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.

6. The month, day, year, and approximate starting and ending time of the pesticide application.

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.

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.

(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.

(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.

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.

(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.

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.

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 Landscape applications.

(1) Definitions. In this section:

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

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

(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.

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

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

2. A perimeter barrier application.

3. Mosquito control applications made by a government entity for public health purposes.

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

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

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

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

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

(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:

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.

(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.

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

1. The brand name, product name, or common chemical name of each pesticide that may be applied.

2. A copy of the pesticide label for each pesticide that may be applied.

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.

4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

(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.

(3) Warning signs posted.

(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).

(b) No person may remove a warning sign posted under par. (a) until sunset of the day following the landscape application, or until sunset of the day on which the restricted entry interval on the pesticide label expires, whichever is later. This paragraph does not require a person to remove warning signs.

1. An individual making a landscape application to residential premises occupied only by that individual’s household.

2. Golf course applications that are exempt under sub. (9).

3. Cemetery applications that are exempt under sub. (10).

(4) Warning signs; form and contents. Each warning sign under sub. (3) shall comply with all of the following:

(a) It shall be at least 4 inches by 5 inches, and shall be attached to a stable supporting device.

(b) It shall contain the information shown in ch. ATCP 29 Appendix B. The information shall be professionally printed with red lettering on a white background, according to the format shown in ch. ATCP 29 Appendix B, except that sign removal dates may be entered by hand. A warning sign may contain supplementary information beyond that shown in ch. ATCP 29 Appendix B if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix B.

(c) It shall be constructed and posted so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.

(5) Warning signs; where posted. At least one of the warning signs required under sub. (3) shall be clearly visible from each point at which there is significant potential for human access to the treated area.