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)(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)2.
2. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.
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(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(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)3.
3. Mosquito control applications made by a government entity for public health purposes.
ATCP 29.56(1)(f)
(f) “Landscape pesticide" means a pesticide that is labeled for use on a landscape.
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)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)(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).
ATCP 29.56(3)(b)
(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.
ATCP 29.56(3)(c)1.
1. An individual making a landscape application to residential premises occupied only by that individual's household.
ATCP 29.56(4)
(4)
Warning signs; form and contents. Each warning sign under sub.
(3) shall comply with all of the following:
ATCP 29.56(4)(a)
(a) It shall be at least 4 inches by 5 inches, and shall be attached to a stable supporting device.
ATCP 29.56(4)(b)
(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.
ATCP 29.56(4)(c)
(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.
ATCP 29.56(5)
(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.
ATCP 29.56 Note
Note: For example, warning signs should be posted so as to be clearly visible from potential access points including roads, sidewalks, driveways, doorways, alleys, and adjacent yards unless a fence, wall, hedge, or similar feature effectively prevents human access to the treated area from that direction.
ATCP 29.56(6)(a)
(a) A person making a landscape application shall offer the following information to any person who requests information about that landscape application:
ATCP 29.56(6)(a)1.
1. The complete name and address of the person making the landscape application.
ATCP 29.56 Note
Note: This may be the name and address of the business entity that makes the application.
ATCP 29.56(6)(a)2.
2. The brand name, product name, or common chemical name of each pesticide applied, and the EPA registration number of that pesticide.
ATCP 29.56(6)(a)3.
3. The concentration and total quantity of each pesticide applied, or the amount of each pesticide product applied per unit area and the total area treated.
ATCP 29.56(6)(b)
(b) If a requester asks for any of the information under par.
(a), the person making the landscape application shall promptly provide that information to the requester. The information may be provided orally or in writing except that a copy of the pesticide label, if requested, shall be provided in writing. The person making the landscape application may require the requester to pay reasonable copying and postage costs before providing a copy of a pesticide label if the requester is not the customer who contracted for the application.
