Chapter ATCP 29

ATCP 29.40 ATCP 29.40 Storing and transporting pesticides.

ATCP 29.40(1) (1) Requirements. Persons storing or transporting pesticides shall do all of the following:

ATCP 29.40(1)(a) (a) Store and transport pesticides according to label directions, in a manner that avoids reasonably foreseeable and reasonably preventable hazards to persons, property, and the environment.

ATCP 29.40(1)(b) (b) Store bulk pesticides according to ch. ATCP 33.

ATCP 29.40(1)(c) (c) Secure pesticides and pesticide containers against access by children, the general public, domestic animals, and wild animals.

ATCP 29.40(1)(d) (d) Keep pesticides adequately separated from food, feed, and other products so that pesticides will not contaminate or be mistaken for those products.

ATCP 29.40(1)(e) (e) Thoroughly clean pesticide residues from storage areas and transport vehicles before reusing those storage areas or transport vehicles for other purposes.

ATCP 29.40(1)(f) (f) Protect pesticide containers and labels from reasonably foreseeable damage or destruction.

ATCP 29.40(1)(g) (g) Inspect pesticide containers when those containers are removed from their outer shipping containers, to ensure that the pesticide containers are intact and properly sealed, and that pesticide labels are intact and fully legible.

ATCP 29.40(2) (2) Prohibitions. No person may do any of the following:

ATCP 29.40(2)(a) (a) Store or transport a pesticide in a manner inconsistent with the pesticide label.

ATCP 29.40(2)(b) (b) Store or transport a pesticide in a visibly broken, defective, or improperly sealed container unless that container is enclosed in another suitable container which effectively prevents foreseeable spillage.

ATCP 29.40 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.41 ATCP 29.41 Selling pesticides.

ATCP 29.41(1) (1) General. No person may do any of the following:

ATCP 29.41(1)(a) (a) Sell any pesticide that is not properly registered and labeled according to subch. II.

ATCP 29.41(1)(b) (b) Sell a pesticide if any part of the pesticide label is absent or illegible.

ATCP 29.41(1)(c) (c) Sell a pesticide in a manner inconsistent with the pesticide label.

ATCP 29.41(1)(d) (d) Sell a pesticide in a visibly broken, defective, or improperly sealed container.

ATCP 29.41(1)(e) (e) Sell a pesticide for a use which is not specifically identified on the pesticide label or, in the case of an additional registered use, on supplemental labeling which the seller receives from the pesticide manufacturer or registrant and provides to the purchaser at the time of sale.

ATCP 29.41(1)(f) (f) Make any false, deceptive, or misleading representation in connection with the sale or offer of a pesticide.

ATCP 29.41(1)(g) (g) Continue to sell any pesticide after its registration expires or is canceled, or after the department orders the pesticide removed from sale for any reason.

ATCP 29.41(2) (2) Retail sales.

ATCP 29.41(2)(a) (a) No person may sell, at retail, any substance with instructions for using that substance to formulate a pesticide unless that substance is registered as a pesticide under s. ATCP 29.05.

ATCP 29.41(2)(b) (b) Pesticides bearing the precautionary signal words “POISON”, “DANGER” or “WARNING”, when displayed at retail, shall be protected from access by children. A retail display complies with this paragraph if any of the following applies:

ATCP 29.41(2)(b)1. 1. The pesticides are kept at least 42 inches above the floor.

ATCP 29.41(2)(b)2. 2. The pesticides are packaged in nonbreakable tamper-resistant containers.

ATCP 29.41(2)(c) (c) Pesticides displayed at retail shall be adequately separated from food, feed, and other products so they will not contaminate or be mistaken for those products.

ATCP 29.41(3) (3) Retail sales of landscape pesticides. No person may sell at retail, to any person other than a certified commercial applicator, any landscape pesticide as defined in s. ATCP 29.56 (1) (f) unless that person displays all of the following items at the point of sale and offers them to the buyer at no additional charge at the time of sale:

ATCP 29.41(3)(a) (a) Warning signs containing the information shown in ch. ATCP 29 Appendix F. Each warning sign shall be all of the following:

ATCP 29.41(3)(a)1. 1. At least 4 inches by 5 inches in size.

ATCP 29.41(3)(a)2. 2. Professionally printed in red lettering, on a white background, according to the format shown in ch. ATCP 29 Appendix F. A warning sign may contain supplementary information beyond that shown in ch. ATCP 29 Appendix F if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix F.

ATCP 29.41(3)(a)3. 3. Constructed so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.

ATCP 29.41(3)(b) (b) Pesticide information sheets which are identical to that shown in ch. ATCP 29 Appendix G.

ATCP 29.41 Note Note: See also subch. IV related to pesticide dealers and distributors.

ATCP 29.41 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (3) (a) (intro.), 2., (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

subch. VIII of ch. ATCP 29 Subchapter VIII — Pesticide Handling, Disposal And Spills

ATCP 29.45 ATCP 29.45 Pesticide mixing and loading; spill containment.

ATCP 29.45(1) (1) Spill containment required. Except as provided under sub. (2), no person may mix or load a pesticide at any of the following sites unless the mixing or loading operation is conducted over a spill containment surface that complies with this section:

ATCP 29.45(1)(a) (a) A site located within 100 feet of any well or surface water.

ATCP 29.45(1)(b) (b) A site, or a group of jointly owned or operated sites located within 1/2 mile of each other, at which a total of more than 1,500 pounds of dry or liquid pesticide active ingredients are mixed or loaded in any calendar year. Pesticide active ingredients under this paragraph include those contained in pesticide-fertilizer mixtures.

ATCP 29.45 Note Note: See also ch. ATCP 33.

ATCP 29.45(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 29.45(2)(a) (a) Applying a pesticide to the waters of the state, according to ch. NR 107, in order to manage or control aquatic organisms.

ATCP 29.45(2)(b) (b) Mixing or loading a pesticide into application equipment having a total capacity of 5 gallons or less of liquid pesticide, or 50 pounds or less of nonliquid pesticide.

ATCP 29.45(2)(c) (c) Mixing or loading a pesticide at a site that is at or immediately adjacent to the pesticide application site and at least 100 feet from any well or surface water.

ATCP 29.45(3) (3) Spill containment surface; general. A spill containment surface under sub. (1) shall comply with all of the following:

ATCP 29.45(3)(a) (a) It shall be designed to catch and contain all reasonably foreseeable spills of pesticides mixed or loaded over that spill containment surface.

ATCP 29.45(3)(b) (b) It shall be liquid tight and made of portland cement concrete or other nonabsorbent materials. It shall be strong enough to withstand all foreseeable loading conditions, including the filled weight of all vehicles, application equipment, or other equipment that may be used or located on it. A tarpaulin may not be used as a spill containment surface for liquid pesticides.

ATCP 29.45 Note Note: Spill containment surfaces constructed prior to June 1, 2013, may be made of asphalt or other materials approved by the department.

ATCP 29.45(3)(c) (c) It shall extend beneath the pesticide load-out conveyor, if any, unless the load-out conveyor is fully enclosed within a housing that is adequate to contain all spillage from the conveyor.

ATCP 29.45(3)(d) (d) A spill containment surface shall be inspected at least semi-annually and be maintained to ensure compliance with this section. All repairs to a spill containment surface shall be made according to good engineering practices and manufacturer specifications.

ATCP 29.45(3)(e) (e) A spill containment surface shall be removed if it cannot be maintained in compliance with this section for at least 2 years after the date of an initial repair or if corrective action is needed to remove environmental contamination beneath the spill containment surface.

ATCP 29.45(4) (4) Spill containment surface; liquid pesticides.

ATCP 29.45(4)(a) (a) If any liquid pesticide is mixed or loaded over a spill containment surface under sub. (1), the surface shall meet all of the requirements under sub. (3) in addition to all of the following requirements:

ATCP 29.45(4)(a)1. 1. The spill containment surface shall be liquid tight.

ATCP 29.45(4)(a)2. 2. The spill containment surface shall have one or more fully functioning pumps that can be used to remove liquid from the surface of the mixing and loading pad. Each pump shall be plumbed or have a readily available hose connection to a storage container that shall be designed, constructed, inspected, and maintained to operate effectively and to prevent discharges under all reasonably foreseeable use conditions. The storage container shall at all times have an unused capacity of at least 200 gallons. The pump shall self-activate or shall be susceptible to immediate activation whenever needed.

ATCP 29.45(4)(a)3. 3. If the spill containment surface drains to a sump area, the sump area shall meet all requirements set forth under sub. (5).

ATCP 29.45(4)(a)4. 4. The spill containment surface shall be protected against precipitation runoff from surrounding surfaces.

ATCP 29.45(4)(a)5. 5. The spill containment surface may not have any precipitation drain through which spilled pesticide could discharge.

ATCP 29.45(4)(b) (b) A tarpaulin may not be used as a spill containment surface for liquid pesticides.

ATCP 29.45(4)(c) (c) A pesticide mixed with a liquid carrier is considered a liquid pesticide under this subsection. The impregnation of a nonliquid fertilizer with a liquid pesticide does not constitute the mixing or loading of a liquid pesticide under this subsection.

ATCP 29.45(5) (5) Sump area. If the spill containment surface drains to a sump area, the sump area shall meet all of the following requirements:

ATCP 29.45(5)(a) (a) The sump area shall be designed, constructed, and maintained to contain all liquid that drains to the sump.

ATCP 29.45(5)(b) (b) The sump area shall be liquid-tight.

ATCP 29.45(5)(c) (c) The sump area shall have a pump and storage container as described in s. ATCP 29.45 (4) (a) 2.

ATCP 29.45(5)(d) (d) The capacity of a sump installed after June 1, 2013, shall not be more than 50 gallons.

ATCP 29.45(5)(e) (e) The sump area shall be routinely inspected and maintained in compliance with this section and shall make and keep records of inspection and maintenance for at least 3 years.

ATCP 29.45(5)(f) (f) The sump area shall be repaired, when necessary, to good engineering practices and manufacturer specifications.

ATCP 29.45(5)(g) (g) The sump area shall be removed if it cannot be maintained in compliance with this section, or if corrective action is needed to remove environmental contamination from beneath the sump area. A leaking sump area shall be removed unless the sump is repaired and remains liquid-tight for at least 2 years after the date of repair.

ATCP 29.45 Note Note: Construction standards for sumps at fertilizer and pesticide bulk storage facilities are found in s. ATCP 33.38. In addition, the Wisconsin minimum design standards for concrete agrichemical containment (February, 2005), written by Professor David W. Kammel, department of biological systems engineering, University of Wisconsin-Extension, is on file with the department and the legislative reference bureau. Copies are available from the department, free of charge, at the following address:

ATCP 29.45 Note Department of Agriculture, Trade and Consumer Protection

ATCP 29.45 Note Agricultural Resource Management Division

ATCP 29.45 Note P.O. Box 8911

ATCP 29.45 Note Madison, WI 53708-8911

ATCP 29.45 Note Phone: [phone]

ATCP 29.45 Note Web: http://datcp.wi.gov

ATCP 29.45(6) (6) Recovery of discharges. Pesticides spilled or intentionally released onto a spill containment surface under sub. (1) shall be promptly recovered from the spill containment surface or from the catch basin to which it drains.

ATCP 29.45 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) (b), cr. (3) (d), (e), r. and recr. (4) (a), (5) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.46 ATCP 29.46 Mixing or loading near surface waters.

ATCP 29.46(1) (1) Prohibitions. Except as provided under sub. (2), no person may do any of the following:

ATCP 29.46(1)(a) (a) Immerse any pesticide application equipment, mix tank, or nurse tank in the waters of the state.

ATCP 29.46(1)(b) (b) Fill any pesticide application equipment, mix tank, or nurse tank from the waters of the state.

ATCP 29.46(1)(c) (c) Clean or fill any pesticide application equipment, mix tank, or nurse tank near the surface waters of the state, or near any well site, if pesticide spillage or overflow may contaminate waters of the state.

ATCP 29.46(2) (2) Exemptions. Subsection (1) does not prohibit any of the following:

ATCP 29.46(2)(a) (a) Filling pesticide application equipment, or a mix or nurse tank, from a well or discharge outlet that is fully protected against backflow and backsiphonage under s. SPS 382.41. The air gap from the supply outlet to the equipment being filled shall be at least twice the effective opening of the supply outlet, but not less than one inch.

ATCP 29.46(2)(b) (b) Filling or cleaning pesticide application equipment, or a mix or nurse tank, over a spill containment surface that complies with s. ATCP 29.45.

ATCP 29.46(2)(c) (c) Applying a pesticide by means of chemigation that complies with s. ATCP 29.54.

ATCP 29.46(2)(d) (d) Filling a water supply tank from surface waters if the water supply tank is used only to carry water. If the vehicle carrying the water supply tank also carries a pesticide container, the pesticide container must remain at least 8 feet from the surface water while the water supply tank is being filled.