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)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)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.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.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.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)(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)(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)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)(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.
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(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(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(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.
ATCP 30.30(21)
(21) “Root zone" means the mass of soil extending downward to the depth of the roots of the crop being grown.
ATCP 30.30(22)
(22) “Soil texture class" means the soil texture designations sand, loamy sand, sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, and clay, as defined in
Soil Taxonomy, Agriculture Handbook No. 436, pages 469 to 472 (U.S. department of agriculture soil conservation service: 1975).
ATCP 30.30 Note
Note: A copy of relevant portions of Soil Taxonomy, Agriculture Handbook No. 436 may be inspected at the central offices of the Department of Agriculture, Trade and Consumer Protection and the Legislative Reference Bureau. This volume is also commonly available in USDA soil conservation service offices throughout the state.
ATCP 30.30 Note
The USDA soil conservation service has prepared soil surveys for most Wisconsin counties, which can be found at the following web address:
http://websoilsurvey.nrcs.usda.gov/app/. Atrazine users may refer to these surveys to determine the surface soil texture in areas where they wish to apply atrazine. Atrazine users may also use reliable sampling and testing methods to determine soil texture.
ATCP 30.30(23)
(23) “Surface soil" means the soil ordinarily moved in tillage, or its equivalent in uncultivated soil, ranging in depth from 4 to 10 inches.
ATCP 30.30 History
History: Cr.
Register, March, 1991, No. 423, eff. 4-1-91; renum. (19) to (22) to be (20) to (23), cr. (19),
Register, March, 1992, No. 435, eff. 4-1-92; am. (12),
Register, March, 1993, No. 447, eff. 4-1-93; renum. from ATCP 30.01,
Register, May, 1998, No. 509, eff. 6-1-98; correction in (3) made under s. 13.93 (2m) (b) 7., Stats,
Register, May, 1998, No. 509;
CR 01-028: am. (17),
Register September 2001 No. 549 eff. 10-1-01;
CR 14-047: am. (11)
Register May 2015 No. 713, eff. 6-1-15.
ATCP 30.31
ATCP 30.31 General restrictions and requirements for use of atrazine. ATCP 30.31(1)
(1)
Prohibition on non-crop uses. Atrazine product may only be used on agricultural crops. For purposes of this chapter, agricultural crops include forestry crops and tree plantations. No atrazine product may be used on non-crop application sites such as railroad, power line and road rights of way and industrial sites.
ATCP 30.31(2)
(2) Timing of application. No atrazine product may be applied to any site before April 1 or after July 31 in any year.
ATCP 30.31(3)
(3) Use of atrazine with irrigation. The following restrictions apply to the use of atrazine product with irrigation:
ATCP 30.31(3)(b)
(b) No person may apply irrigation water to any site to which atrazine product has been applied for a 2-year period following the application of atrazine product, unless the application of irrigation water is conducted in accordance with an irrigation management program that does not cause the field moisture capacity in the root zone of the soil being irrigated to be exceeded.
ATCP 30.31(4)
(4) Use and mixing-loading by certified applicators and mixer-loaders only. ATCP 30.31(4)(a)(a) Atrazine product may only be applied by a certified private applicator or by a person who is certified as a commercial applicator in the appropriate pesticide use category under
s. ATCP 29.31.
ATCP 30.31(4)(b)
(b) Atrazine product may only be mixed or loaded by a certified private applicator or by a person who is certified as a commercial applicator or mixer-loader in the appropriate pesticide use category under
s. ATCP 29.31.
ATCP 30.31 Note
Note: Sections
ATCP 29.45 and
29.46 prohibit mixing or loading of atrazine or other pesticides within 100 feet of any well or surface water unless the mixing or loading occurs over a spill containment pad that is constructed in compliance with the rule's specifications. Sections
ATCP 29.47 and
29.50 prohibit the disposal of atrazine or other pesticides, pesticide containers including empty containers, pesticide spray solutions, and pesticide rinsates in a manner inconsistent with label directions.
ATCP 30.31(5)(a)(a) Every person who applies atrazine product shall keep a record of every application of atrazine product. The record shall be completed on the day of application and include the following:
ATCP 30.31(5)(a)2.
2. The name and address of the person for whom the atrazine product was applied, if different from the person who applied the atrazine product.
