Chapter ATCP 30

ATCP 30.24(2)(b) (b) Use by certified applicators only. Pesticides containing the active ingredient aldicarb are classified as restricted-use pesticides. As restricted-use pesticides, they may only be applied by the following persons:

ATCP 30.24(2)(b)1. 1. An individual commercial applicator certified in the pest control category pertaining to the type of application being made.

ATCP 30.24(2)(b)2. 2. A certified private applicator.

ATCP 30.24(2)(c) (c) Timing of application. No pesticide containing the active ingredient aldicarb may be applied on potatoes sooner than 28 days after the date of planting or later than 42 days after the date of planting. Potatoes from fields treated with aldicarb may not be harvested sooner than 50 days after the date of treatment.

ATCP 30.24(3) (3) Report of intended application.

ATCP 30.24(3)(a) (a) No person may apply a pesticide containing the active ingredient aldicarb unless a report of intended application has been filed with the department at least 45 days before the pesticide is applied. Reports of intended application shall be made on forms provided by the department, and shall specify:

ATCP 30.24(3)(a)1. 1. The name, address, and applicator certification number of the person making the application.

ATCP 30.24(3)(a)2. 2. The name and address of the person contracting for the application, if any.

ATCP 30.24(3)(a)3. 3. The crop on which the pesticide is to be applied, and the pests intended to be controlled by the application.

ATCP 30.24(3)(a)4. 4. The specific location at which the pesticide is to be applied, including township, range, section and quarter-quarter section.

ATCP 30.24(3)(a)5. 5. The approximate date on which the pesticide is to be applied.

ATCP 30.24(3)(a)6. 6. The size of the area to be treated, and the amount of pesticide to be applied.

ATCP 30.24(3)(a)7. 7. The history of aldicarb applications, if any, to the intended application site for the previous 3 years, specifying the year of each prior application.

ATCP 30.24(3)(c) (c) No person may apply a pesticide containing the active ingredient aldicarb except at the location identified in the report of intended application.

ATCP 30.24(3)(d) (d) No person may falsify information submitted under this subsection.

ATCP 30.24(4) (4) Department review of proposed applications; evaluation of application sites. Whenever the department receives a report of intended application under sub. (3), the department shall evaluate the proposed application site for susceptibility to groundwater contamination by aldicarb residues. The evaluation shall be based on the relevant environmental characteristics of the proposed application site, including depth to groundwater and soil texture. Site characteristics used in the evaluation shall be determined on the basis of data published by the Wisconsin geological and natural history survey, the U.S. department of agriculture natural resources conservation service, or other reliable sources.

ATCP 30.24(5) (5) Aldicarb applications to certain sites prohibited.

ATCP 30.24(5)(a) (a) The department shall, by summary special order, prohibit a proposed aldicarb application if either of the following applies:

ATCP 30.24(5)(a)1. 1. The proposed application site is within a prohibition area created under sub. (8).

ATCP 30.24(5)(a)2. 2. In the judgment of the department based on a site evaluation under sub. (4), the proposed application is likely to cause aldicarb residues to be present in groundwater at a concentration of 10 ppb or more at any point of standards application.

ATCP 30.24(5)(b) (b) A person prohibited from using aldicarb under par. (a) 1. may request an exemption from the prohibition. Except as provided in par. (d), the department may not grant an exemption unless the department finds all the following:

ATCP 30.24(5)(b)1. 1. That the concentration of aldicarb at each point of standards application used in determining the need for the prohibition has been below the enforcement standard for at least 2 years in a stable or declining pattern.

ATCP 30.24(5)(b)2. 2. That, to a reasonable certainty, by the greater weight of the credible evidence, application of pesticides containing aldicarb in the prohibition area will not result in noncompliance with the enforcement standard at any point of standards application used in determining the need for the prohibition. In making this determination, the department shall consider whether the prohibition was based in whole or in part on the use of pesticides containing aldicarb prior to April 1, 1983.

ATCP 30.24(5)(c) (c) The department may require a person requesting an exemption under par. (b) to submit proof that the exemption requirements under par. (b) are met. The division administrator or the administrator’s designee shall issue the exemption, if any, in writing. Every exemption shall contain a specific statement of facts and conclusions which form the basis for the exemption. An exemption under par. (b) does not constitute an exemption from any other provision of this section.

ATCP 30.24(5)(d) (d) Notwithstanding par. (a), the department may authorize the controlled application of aldicarb to a limited portion of a prohibition area for research purposes approved by the department. The division administrator or the administrator’s designee shall issue the authorization in writing, and shall describe the scope and basis of the authorization.

ATCP 30.24(6) (6) Aldicarb applications prohibited at certain sites except in conjunction with groundwater monitoring.

ATCP 30.24(6)(a) (a) If a proposed aldicarb application is not subject to prohibition under sub. (5), but the department determines under sub. (4) that the proposed application may cause aldicarb residues to be present in groundwater at a concentration of 2 ppb or more at any point of standards application, the department shall issue a summary special order prohibiting the proposed aldicarb application unless:

ATCP 30.24(6)(a)1. 1. All of the conditions under par. (b) are met as required in the order; or

ATCP 30.24(6)(a)2. 2. The owner of the proposed application site, and every other person filing a report of intended application for the site, agrees that future applications to the site may be prohibited based on groundwater test results obtained from a representative application site chosen by the department, if the groundwater test results at the representative application site show aldicarb residues in concentrations of 10 ppb or more. A representative application site is a site which, in the department’s judgment, is similar in its relevant environmental characteristics to the proposed application site described in the report of intended application. Relevant environmental characteristics include the characteristics listed under sub. (4). In determining whether one application site may be considered representative of another, the department shall compare any prior existing concentrations of aldicarb residues which are known to be present in groundwater at the 2 sites.

ATCP 30.24(6)(b) (b) A summary special order under par. (a) 1. shall include all of the following conditions:

ATCP 30.24(6)(b)1. 1. One or more monitoring wells shall be installed at the proposed application site according to a written plan which is approved in writing by the department prior to the aldicarb application. The plan shall specify:

ATCP 30.24(6)(b)1.a. a. The number and location of the monitoring wells. At least one monitoring well shall be installed for each quarter section of land on which aldicarb is to be applied.

ATCP 30.24(6)(b)1.b. b. The materials from which the monitoring wells will be constructed.

ATCP 30.24(6)(b)1.c. c. The depth of each monitoring well, and the type, length, and diameter of the sample screen on each well.

ATCP 30.24(6)(b)1.d. d. The date by which each monitoring well is to be installed.

ATCP 30.24(6)(b)1.e. e. Whether or not each monitoring well will be considered a point of standards application.

ATCP 30.24(6)(b)2. 2. Groundwater samples shall be collected from each monitoring well under par. (a) and tested for aldicarb residues according to a plan which is approved by the department prior to the aldicarb application. The plan shall specify:

ATCP 30.24(6)(b)2.a. a. The number of groundwater samples to be collected from each monitoring well, and the intended dates of collection.

ATCP 30.24(6)(b)2.b. b. The persons or agencies who will collect the groundwater samples.

ATCP 30.24(6)(b)2.c. c. The laboratory at which the groundwater samples are to be tested for aldicarb residues. Groundwater samples shall be promptly tested for aldicarb residues after the samples are collected. Test methods shall be approved by the department and have a limit of detection at or below one part per billion. Groundwater test results shall be promptly forwarded to the department.

ATCP 30.24(6)(b)3. 3. The owner of each monitoring well site under par. (a) shall agree in writing, prior to the aldicarb application, that:

ATCP 30.24(6)(b)3.a. a. Groundwater test results obtained from the monitoring well may be used to prohibit future aldicarb applications to the application site, as appropriate pursuant to ch. 160, Stats., and department rules, if the groundwater test results indicate that aldicarb residues are present in groundwater at a concentration of 10 parts per billion or more.

ATCP 30.24(6)(b)3.b. b. The department may at reasonable times, and upon prior notice to the owner of the monitoring well site, inspect the monitoring well and collect groundwater samples from the monitoring well.

ATCP 30.24(6)(c) (c) This subsection does not apply to controlled applications of aldicarb for research purposes, if authorized by the department under sub. (5) (c).

ATCP 30.24(7) (7) Summary special orders; general.

ATCP 30.24(7)(a) (a) How and to whom issued. A summary special order under sub. (5) or (6) shall be issued to each person identified in the corresponding report of intended application. A summary special order shall be signed by the division administrator or the administrator’s designee, and be served in person or by certified mail, return receipt requested.

ATCP 30.24(7)(b) (b) Coverage; effective date and duration. A summary special order under sub. (5) or (6) shall prohibit all proposed applications of aldicarb to the site or sites described in the order, except as specifically provided under sub. (6). A summary special order under sub. (5) or (6) becomes effective on the date of service.

ATCP 30.24 Note Note: A “proposed application” means an application described in a report of intended application under sub. (3).

ATCP 30.24(7)(c) (c) Timely response to notice of intended application. A summary special order, if issued under sub. (5) or (6), shall be issued within 30 days after a report of intended application is filed with the department. This subsection does not prohibit the department from issuing a summary special order under sub. (5) at a later date, based on new information received more than 30 days after the date on which the report of intended application was received by the department.

ATCP 30.24(7)(d) (d) Right of hearing. Summary special orders are subject to a subsequent right of hearing before the department upon request, as provided in s. 94.71 (3) (c), Stats. Hearings shall be limited to the issue of whether the department has correctly interpreted and applied this section.

ATCP 30.24(7)(e) (e) Violations prohibited. No person may apply aldicarb in violation of a special order issued by the department under this section. No person may violate the terms and conditions of a monitoring agreement under sub. (6).

ATCP 30.24(8) (8) Prohibition areas.

ATCP 30.24(8)(a) (a) General. A proposed application site is subject to prohibition, for purposes of sub. (5), if the proposed application site is located wholly or in part within a prohibition area under this subsection.

ATCP 30.24(8)(b) (b) Creation and scope of prohibition areas.

ATCP 30.24(8)(b)1. 1. A prohibition area is created to include every township quarter-quarter section lying wholly or in part within one mile of a point of standards application at which aldicarb residues have been detected in groundwater at a concentration of 10 ppb or more, based on a reliable groundwater test result received by the division. The prohibition area is created on the date when the groundwater test result is received by the division. The one mile radius from the point of standards application shall be calculated from the center point of the township quarter-quarter section in which the actual point of standards application is located.

ATCP 30.24(8)(b)2. 2. If any prohibition area is contiguous with or overlaps 2 or more other prohibition areas, there is created a new prohibition area which includes each quarter-quarter section any part of which lies within a 2-mile radius of each point of standards application used in determining the need for the contiguous or overlapping prohibition areas.

ATCP 30.24(9) (9) Distributors and retail dealers of aldicarb; recordkeeping and reporting requirements. Distributors and retail dealers shall keep records of aldicarb distributions and sales, specifying the amount of aldicarb product included in each sale or distribution, and the name and address of the purchaser or recipient. During each week in which aldicarb sales or distributions are made by a distributor or dealer, the distributor or dealer shall file a written report with the department, specifying the amount of aldicarb product sold or distributed during that week to each purchaser or recipient, and the name and address of each purchaser or recipient. Reports may be in the form of actual invoice copies or written sales or distribution summaries.

ATCP 30.24(10) (10) Notice of contamination findings.

ATCP 30.24(10)(a) (a) Whenever the department receives a reliable groundwater test result which indicates that aldicarb residues are present in groundwater at a concentration of one part per billion or more, the department shall give written notice of the groundwater test result to:

ATCP 30.24(10)(a)1. 1. The Wisconsin department of natural resources and the Wisconsin department of health services.

ATCP 30.24(10)(a)2. 2. The county health department or county nurse, and the county extension agent for the county in which the groundwater sample was drawn.

ATCP 30.24(10)(a)3. 3. All persons who have filed reports of intended application for aldicarb applications to be made in township quarter-quarter sections located wholly or in part within one mile of the sample point.

ATCP 30.24(10)(b) (b) Notice under par. (a) shall specify the township and quarter-quarter section in which the groundwater sample was taken, if known, and the concentration of aldicarb residues found in the sample. Notice shall include such explanations and precautionary statements as may be considered appropriate by the department.

ATCP 30.24(11) (11) Greenhouse and research applications; exemption. This section does not apply to greenhouse applications of aldicarb or to research applications made pursuant to an experimental use permit issued by the department.

ATCP 30.24(12) (12) Compliance with preventive action limit not necessarily maintained; required disclosure by department. Based on information available to the department, it appears that aldicarb applications to susceptible application sites will result in groundwater contamination exceeding the preventive action limit for aldicarb at points of standards application downgradient from the application sites. Aldicarb applications to many of these sites will be subject to prohibition under sub. (5). In addition, sub. (2) continues current management practice requirements, and sub. (6) creates groundwater monitoring requirements. These combined requirements are designed to limit aldicarb contamination and detect any contamination which may occur. However, these requirements may not be adequate to assure compliance with the preventive action limit for aldicarb in all cases. If the enforcement standard for aldicarb is unexpectedly exceeded at an individual site, future applications at that site will be subject to prohibition under ch. 160, Stats., ch. ATCP 31, and other applicable rules of the department.

ATCP 30.24 Note Note: This notice is given pursuant to the requirements of s. 160.19 (2) (b), Stats. It is intended solely as a disclosure statement, and does not affect or alter any other provision of this section.

ATCP 30.24 History History: Emerg. cr. eff. 3-15-82; cr. Register, March, 1983, No. 327, eff. 4-1-83; emerg. r. eff. 3-3-86; r. and recr. Register, March, 1988, No. 387, eff. 4-1-88; am. (2) (b) 1. and 2. and (11), r. (3) (b), Register, April, 1990, No. 412, eff. 5-1-90; renum. from ATCP 29.17 and am. (12), Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (d), (5) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; r. and recr. (5) (b) and (c), cr. (5) (d), Register, March, 2000, No. 531, eff. 4-1-00; correction in (10) (a) 1. made under s. 13.93 (2m) (b) 6., Stats., Register April 2004 No. 580; correction in (10) (a) 1. made under s. 13.92 (4) (b) 6., Stats., Register April 2009 No. 640; CR 14-047: am. (2) (a) Register May 2015 No. 713, eff. 6-1-15; correction in (3) (a) 4. under s. 35.17, Stats., correction in (4) under s. 13.92 (4) (b) 6., Stats. Register May 2015 No. 713; CR 16-012: am. (8) (b) 1. Register August 2016 No. 728, eff. 9-1-16.

subch. VIII of ch. ATCP 30 Subchapter VIII — Atrazine Pesticides

ATCP 30.30 ATCP 30.30 Definitions. The definitions in s. 94.67, Stats., apply to this chapter, as do the following definitions:

ATCP 30.30(1) (1) “Atrazine” or “atrazine active ingredient” means the pesticide chemical 2-chloro-4-ethylamino-6-isopropylamino-1,3,5 triazine.

ATCP 30.30(2) (2) “Atrazine product” means any pesticide containing the active ingredient atrazine as identified on the EPA registered label, either alone, or in combination with other pesticides.

ATCP 30.30(3) (3) “Atrazine management area” means a designated area within the state of Wisconsin in which specific restrictions on atrazine use are created under s. ATCP 30.34.

ATCP 30.30(4) (4) “Board” means the board of agriculture, trade and consumer protection.

ATCP 30.30(5) (5) “Coarse soil” means a surface soil containing soil texture classes sand, loamy sand or sandy loam.

ATCP 30.30(6) (6) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 30.30(7) (7) “Enforcement standard” has the meaning specified in s. 160.01 (2), Stats.

ATCP 30.30(8) (8) “Field moisture capacity” means the amount of water that can be held by soil, in the root zone of the crop being grown, against the force of gravity.

ATCP 30.30(9) (9) “Flood plain” means a nearly level alluvial plain bordering a river and subject to flooding unless protected artificially.

ATCP 30.30(10) (10) “Groundwater” has the meaning specified in s. ATCP 31.01 (6).

ATCP 30.30(11) (11) “Irrigation” has the meaning specified in s. ATCP 29.01 (22).

ATCP 30.30(12) (12) “Lower Wisconsin river valley” means the river terraces and flood plain on either side of the Wisconsin river, downstream of the state highway 60 bridge at Prairie du Sac, and upstream of the confluence of the Wisconsin and Mississippi rivers.

ATCP 30.30(13) (13) “Mixer-loader” means a person who mixes pesticide in or transfers pesticide into nurse tanks or application equipment.

ATCP 30.30(14) (14) “Official groundwater sample” has the meaning specified in s. ATCP 31.01 (7).

ATCP 30.30(15) (15) “Official groundwater test result” has the meaning specified in s. ATCP 31.01 (8).

ATCP 30.30(16) (16) “Preventive action limit” has the meaning specified in s. 160.01 (6), Stats.

ATCP 30.30(17) (17) “Prohibition area” means an area in which atrazine product is prohibited under this subchapter.

ATCP 30.30(18) (18) “Recharge zone” means the land area contributing recharge water to that portion of an aquifer supplying a well.

ATCP 30.30(19) (19) “Rescue treatment” means an emergency application of atrazine with crop oil, made after crop emergence to control weeds which are reasonably likely to cause crop yield reduction, either because preplanting, preemergence, or planned postemergence application of herbicides failed to control weeds or because weather conditions prevented use of planned mechanical operations for weed control.

ATCP 30.30(20) (20) “River terrace” means an old alluvial plain, ordinarily flat or undulating, bordering a river.