Chapter ATCP 30

ATCP 30.10(3)(d) (d) The proposed use of the pesticide, including purpose, location, and quantity.

ATCP 30.10(3)(e) (e) The special circumstances that justify the purchase and use of the pesticide.

ATCP 30.10(3)(f) (f) Any special controls or precautions that will apply.

ATCP 30.10(3)(g) (g) Any information required under sub. (7) (b) if the applicant is applying to purchase or use sodium fluoroacetate (1080).

ATCP 30.10(3)(h) (h) Other relevant information required by the department.

ATCP 30.10(4) (4) Action on permit application. The department shall grant or deny a permit application within 60 business days after the applicant files a complete application with the department.

ATCP 30.10(5) (5) Issuing a permit. The department may issue a permit under sub. (1) if the department finds that the pesticide use is justified by special circumstances, that there is no effective alternative to the pesticide use, and that the proposed use does not pose an unreasonable risk to persons, property, or the environment.

ATCP 30.10 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 30.10(6) (6) Permit conditions. The department may impose permit conditions which it considers appropriate. No person may use a pesticide contrary to the conditions which the department specifies.

ATCP 30.10(7) (7) Sodium fluoroacetate (1080) permit.

ATCP 30.10(7)(a) (a) No permit under sub. (1) may authorize the purchase or use of sodium fluoroacetate (1080) for any purpose other than the control of rats or mice by a commercial applicator who is licensed under s. ATCP 29.25 and certified for that purpose under s. ATCP 29.26.

ATCP 30.10(7)(b) (b) An application for a sodium fluoroacetate (1080) permit shall include all of the following information:

ATCP 30.10(7)(b)1. 1. The nature of the application site and surrounding area.

ATCP 30.10(7)(b)2. 2. The types of wild animals frequenting the site, if any.

ATCP 30.10(7)(b)3. 3. The form in which the sodium fluoroacetate (1080) will be used, including the type of bait used.

ATCP 30.10(7)(b)4. 4. The method of application.

ATCP 30.10(7)(b)5. 5. The method for disposing of rat or mouse carcasses.

ATCP 30.10(7)(c) (c) The following conditions apply to all permits under this section or s. ATCP 29.70 authorizing the use of sodium fluoroacetate (1080):

ATCP 30.10(7)(c)1. 1. The application site shall be secured against entry by nontarget animals, and by persons other than the pesticide applicator.

ATCP 30.10(7)(c)2. 2. The applicator shall apply the pesticide so that the application site is not contaminated. The applicator shall remove all unconsumed pesticide before the application site is reopened for access by other persons or nontarget animals.

ATCP 30.10(7)(c)3. 3. An applicator making an outdoor application shall use a tamper-proof bait box that precludes any hazard to humans or nontarget animals.

ATCP 30.10(7)(c)4. 4. The applicator shall promptly remove all rats and mice killed by the pesticide, to prevent access by humans or other animals. The applicator shall dispose of the carcasses in a landfill licensed by the department of natural resources s. 289.31, Stats.

ATCP 30.10(7)(c)5. 5. The applicator shall keep records of the application for at least 2 years, and shall make those records available to the department for inspection and copying upon request. Records shall include the date and time of application, the site at which the pesticide was used, the form in which the pesticide was used, the method of application, and the site used for carcass disposal.

ATCP 30.10(8) (8) Strychnine permits. No permit under sub. (1) may authorize the purchase or use of strychnine for any but the following purposes:

ATCP 30.10(8)(a) (a) Registered uses below ground.

ATCP 30.10(8)(b) (b) Registered uses to control rats or mice.

ATCP 30.10(9) (9) Sodium fluoroacetate or strychnine sales.

ATCP 30.10(9)(a) (a) No person may sell sodium fluoroacetate (1080) or strychnine to any person who does not have a permit under sub. (1).

ATCP 30.10(9)(b) (b) A person selling sodium fluoroacetate (1080) or strychnine shall keep all of the following records related to each sale:

ATCP 30.10(9)(b)1. 1. All of the records required under s. ATCP 29.15 (8).

ATCP 30.10(9)(b)2. 2. The purchaser’s permit number under sub. (1).

ATCP 30.10(9)(c) (c) A person selling sodium fluoroacetate (1080) or strychnine shall keep the records required under par. (b) for at least 2 years, and shall make those records available to the department for inspection and copying upon request.

ATCP 30.10(9)(d) (d) No person holding a permit under sub. (1) may resell or distribute a pesticide identified under sub. (1) to any person not covered by that permit.

ATCP 30.10 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 14-047: am. (8) (title) Register May 2015 No. 713, eff. 6-1-15.

subch. IV of ch. ATCP 30 Subchapter IV — Pesticides Allowed Only For Certain Purposes

ATCP 30.15 ATCP 30.15 Pesticides allowed only for certain purposes.

ATCP 30.15(1) (1) General. No person may label, sell, purchase, or use any pesticide identified in this section except for a purpose identified in this section. This section does not prohibit any of the following:

ATCP 30.15(1)(a) (a) Use authorized by an emergency permit under s. ATCP 29.70 or an experimental use permit under s. ATCP 29.71.

ATCP 30.15(1)(b) (b) The purchase, sale, or use of a pesticide for bona fide laboratory research, or as a bona fide laboratory standard or educational exhibit.

ATCP 30.15 Note Note: A pesticide must be registered and labeled according to ch. ATCP 29, and used according to label directions. This section does not authorize any person to use a pesticide for any purpose for which that pesticide is not registered and labeled.

ATCP 30.15(2) (2) Chromium.

ATCP 30.15(2)(a) (a) Pesticides containing chromium may be used to pressure treat lumber against wood-damaging pests such as termites and decay-producing fungi.

ATCP 30.15(2)(b) (b) Potassium dichromate may be used to preserve composite milk samples for testing. Milk samples treated with potassium dichromate may not be sold or distributed for consumption by humans or other animals. The following information shall appear on milk containers containing potassium dichromate, or on the shipping container in which they are shipped:

ATCP 30.15(2)(b)1. 1. The statement “NOT FOR SALE OR CONSUMPTION — CONTAINS POTASSIUM DICHROMATE.”

ATCP 30.15(2)(b)2. 2. The signal words “DANGER-POISON.”

ATCP 30.15(2)(b)3. 3. A skull and crossbones, or other readily recognizable poison prevention symbol.

ATCP 30.15 Note Note: Milk samples treated with potassium dichromate are classified as hazardous waste under chs. NR 660 to 670. Disposal must comply with those chapters.

ATCP 30.15(3) (3) Lindane.

ATCP 30.15(3)(a) (a) Lindane (gamma isomer of benzene hexachloride) may be used only according to the label for the following purposes:

ATCP 30.15(3)(a)1. 1. Treating animals, other than dairy or lactating animals, for mange and lice.

ATCP 30.15(3)(a)2. 2. Treating sheep for fleeceworms.

ATCP 30.15(3)(a)3. 3. Spot treating animals, other than dairy or lactating animals, to protect flesh and flesh wounds against insect infestation.

ATCP 30.15(3)(a)4. 4. Treating seeds.

ATCP 30.15(3)(a)5. 5. Treating yard and non-commercial garden ornamentals.

ATCP 30.15(3)(a)6. 6. Treating Christmas trees in tree plantations to control pine root collar weevil, pales weevil, and pine root tip weevil.

ATCP 30.15(3)(a)7. 7. Treating white pine Christmas trees and spruce Christmas trees in tree plantations to control white pine weevil.

ATCP 30.15(4) (4) Mercury. Mercury may be used only to control winter turf disease on golf tees and greens.

ATCP 30.15(5) (5) Daminozide. Daminozide may be used only to treat ornamental plants that are not used for food production.

ATCP 30.15 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. V of ch. ATCP 30 Subchapter V — Pesticides Used To Control Bats

ATCP 30.19 ATCP 30.19 Pesticides used to control bats.

ATCP 30.19(1) (1) Prohibition. No person may sell, distribute, or use any pesticide, other than naphthalene, for the purpose of killing, injuring, repelling, or affecting the behavior of bats unless that person has an emergency use permit from the department under sub. (2).

ATCP 30.19(2) (2) Emergency use permit. The department may issue a permit, under s. 94.708 (4), Stats., authorizing the emergency use of a pesticide other than naphthalene on a bat colony if a rabies outbreak or other condition in that bat colony threatens the health or welfare of any person. The department shall issue the emergency use permits according to the procedure specified under s. ATCP 29.70. The department may not issue a permit based solely on a finding of a single rabid bat.

ATCP 30.19 Note Note: See s. 94.708, Stats., which also restricts the advertising and promotion of pesticides to control bats.

ATCP 30.19 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. VI of ch. ATCP 30 Subchapter VI — Chloropicrin and Metam Sodium Pesticides

ATCP 30.22 ATCP 30.22 Metam sodium and chloropicrin pesticides; use restrictions.

ATCP 30.22(1) (1) Definitions. In this section:

ATCP 30.22(1)(a) (a) “Chemigation” has the meaning given in s. ATCP 29.54 (1) (d).

ATCP 30.22(1)(am) (am) “Chloropicrin pesticide” means any soil fumigant or other pesticide containing chloropicrin.

ATCP 30.22(1)(b) (b) “Metam sodium” means Sodium N-Methyldithiocarbamate, also referred to as metham sodium.

ATCP 30.22(1)(c) (c) “Metam sodium pesticide” means any soil fumigant or other pesticide containing metam sodium.

ATCP 30.22(1)(d) (d) “Public building” has the meaning given under s. 101.01 (12), Stats., but does not include a residential structure.

ATCP 30.22(1)(e) (e) “Residential structure” means a structure which is used wholly or in part as a human residence, and includes all lawns, grounds, facilities, and furnishings pertaining to that structure. “Residential structure” includes all of the following:

ATCP 30.22(1)(e)1. 1. A residential structure occupied on a rental basis.

ATCP 30.22(1)(e)2. 2. A mobile home and the site on which it is located.

ATCP 30.22(1)(e)3. 3. A hotel, motel, or similar premises occupied on a transient basis.

ATCP 30.22(1)(e)4. 4. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.

ATCP 30.22(1)(e)5. 5. A prison, jail, or other place of detention.

ATCP 30.22(1)(f) (f) “Tarped application” means an application to a site that is required to be covered with a tarp or other impermeable barrier, as provided in sub. (4).

ATCP 30.22(1)(g) (g) “Untarped application” means an application other than a tarped application.

ATCP 30.22(2) (2) Applicator certification.

ATCP 30.22(2)(a) (a) No individual may apply a metam sodium pesticide unless that individual is one of the following:

ATCP 30.22(2)(a)1. 1. Licensed and certified as a commercial applicator under ss. ATCP 29.25 and 29.26. The individual shall be certified as a commercial applicator in the appropriate use category or categories under s. ATCP 29.31.

ATCP 30.22(2)(a)2. 2. Certified to make that application as a private applicator under s. ATCP 29.27.

ATCP 30.22(2)(b) (b) No individual may apply a metam sodium pesticide by means of chemigation unless that individual is certified under s. ATCP 29.29 (2).

ATCP 30.22(2)(c) (c) No individual may apply a metam sodium pesticide by means of soil fumigation unless that individual is certified under s. ATCP 29.29 (3) or (4).

ATCP 30.22(3) (3) Agricultural application sites.

ATCP 30.22(3)(a) (a) Tarped applications. No person may make a tarped application of a chloropicrin pesticide or a metam sodium pesticide for any agricultural purpose within 1/8 mile of any of the following: