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(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.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.41Selling pesticides.
(1)General. No person may do any of the following:
(a) Sell any pesticide that is not properly registered and labeled according to subch. II.
(b) Sell a pesticide if any part of the pesticide label is absent or illegible.
(c) Sell a pesticide in a manner inconsistent with the pesticide label.
(d) Sell a pesticide in a visibly broken, defective, or improperly sealed container.
(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.
(f) Make any false, deceptive, or misleading representation in connection with the sale or offer of a pesticide.
(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.
(2)Retail sales.
(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.
(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:
1. The pesticides are kept at least 42 inches above the floor.
2. The pesticides are packaged in nonbreakable tamper-resistant containers.
(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.
(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:
(a) Warning signs containing the information shown in ch. ATCP 29 Appendix F. Each warning sign shall be all of the following:
1. At least 4 inches by 5 inches in size.
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.
3. Constructed so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.
(b) Pesticide information sheets which are identical to that shown in ch. ATCP 29 Appendix G.
Note: See also subch. IV related to pesticide dealers and distributors.
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.
Subchapter VIII — Pesticide Handling, Disposal And Spills
ATCP 29.45Pesticide mixing and loading; spill containment.
(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:
(a) A site located within 100 feet of any well or surface water.
(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.
Note: See also ch. ATCP 33.
(2)Exemptions. Subsection (1) does not apply to any of the following:
(a) Applying a pesticide to the waters of the state, according to ch. NR 107, in order to manage or control aquatic organisms.
(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.
(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.
(3)Spill containment surface; general. A spill containment surface under sub. (1) shall comply with all of the following:
(a) It shall be designed to catch and contain all reasonably foreseeable spills of pesticides mixed or loaded over that spill containment surface.
(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.
Note: Spill containment surfaces constructed prior to June 1, 2013, may be made of asphalt or other materials approved by the department.
(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.
(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.
(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.
(4)Spill containment surface; liquid pesticides.
(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:
1. The spill containment surface shall be liquid tight.
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.
3. If the spill containment surface drains to a sump area, the sump area shall meet all requirements set forth under sub. (5).
4. The spill containment surface shall be protected against precipitation runoff from surrounding surfaces.
5. The spill containment surface may not have any precipitation drain through which spilled pesticide could discharge.
(b) A tarpaulin may not be used as a spill containment surface for liquid pesticides.
(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.
(5)Sump area. If the spill containment surface drains to a sump area, the sump area shall meet all of the following requirements:
(a) The sump area shall be designed, constructed, and maintained to contain all liquid that drains to the sump.
(b) The sump area shall be liquid-tight.
(c) The sump area shall have a pump and storage container as described in s. ATCP 29.45 (4) (a) 2.
(d) The capacity of a sump installed after June 1, 2013, shall not be more than 50 gallons.
(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.
(f) The sump area shall be repaired, when necessary, to good engineering practices and manufacturer specifications.
(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.
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:
Department of Agriculture, Trade and Consumer Protection
Agricultural Resource Management Division
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4500
Web: http://datcp.wi.gov
(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.
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 29.46Mixing or loading near surface waters.
(1)Prohibitions. Except as provided under sub. (2), no person may do any of the following:
(a) Immerse any pesticide application equipment, mix tank, or nurse tank in the waters of the state.
(b) Fill any pesticide application equipment, mix tank, or nurse tank from the waters of the state.
(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.
(2)Exemptions. Subsection (1) does not prohibit any of the following:
(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.
(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.
(c) Applying a pesticide by means of chemigation that complies with s. ATCP 29.54.
(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.
(e) Making an aquatic pesticide application according to ch. NR 107, or filling a water supply tank from surface waters for that application.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.
ATCP 29.47Disposal of pesticides and pesticide containers.
(1)General. No person may dispose of any pesticide or pesticide container, or hold any pesticide or pesticide container for disposal, in a manner that is inconsistent with label directions, that risks contaminating the waters of the state, or that creates a hazard to persons, property, or the environment.
(2)Reuse prohibited. No person may reuse a pesticide container for any purpose. This subsection does not prohibit any of the following:
(a) Recycling a container for scrap in compliance with applicable law.
(b) Reusing, in compliance with label directions, a pesticide container that is designed to be reused.
(c) Returning a pesticide container to a pesticide manufacturer or seller who has agreed to receive that container.
(d) Temporarily reusing a pesticide container to hold the same pesticide recovered from a leaking or damaged pesticide container.
History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.48Pesticide spills.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.