Section 5 ATCP 29.25 (5) (a) 1. and 2. are amended to read:
ATCP 29.25 (5) (a) 1. A license fee of $40, except that the license fee is $30 for each of the license years beginning January 1, 1999 and January 1, 2000.
2. An agricultural chemical cleanup surcharge of $14 $11.20.
Section 6 ATCP 29.26 (9) (a) (Note) and (b) (Note) are amended to read:
ATCP 29.26 (9) (a)
Note: Training consists of a self-study manual and, for some certification categories, supplementary training sessions. Training may be obtained by contacting the University of Wisconsin-Extension at the following address: University of Wisconsin-Extension; Pesticide Applicator Training, Department of Agronomy; 1575 Linden Drive; Madison, WI 53706-1597, phone: (608) 262-7588. Online information on pesticide certification, training, and examination registration is available at http://pestexam.datcp.wi.gov. (b) Note: Examination dates may be scheduled by contacting the department at the following address: Wisconsin Department of Agriculture, Trade and Consumer Protection; Division of Agricultural Resource Management, Pesticide Certification and Licensing; P. O. Box 8911; Madison, WI 53708-8911; Phone (608) 224-4548. Online examination registration is available at http://pestexam.datcp.wi.gov. Section 7 ATCP 29.54 (1) (e) 4. is amended to read:
ATCP 29.54 (1) (e) 4. A device or system used only to apply pesticides directly to the rots roots of ornamental trees and shrubs.
Section 8 Ch. ATCP 29, Appendix A, is amended to read:
APPENDIX A
NOTICE TO CUSTOMER
Before we apply any pesticides to your property, we will provide you with any of the following information that you request:
The common chemical or brand name of each pesticide that may be applied.
A copy of the pesticide label for each pesticide that may be applied. The label will tell you the pesticide active ingredient, use directions and safety precautions.
Each date on which pesticides will be applied.
A contact name, address and telephone number where you can obtain further information about the pesticide application. If you want this information in writing, we will provide it free of charge before we make the application. Whether or not you ask for this pre-application information, we will provide you with the following information when we complete the application:
The name, and license number and certification number of the individual who made or directly supervised the application.
The name and location of the pesticide application.
The chemical name, brand name and EPA registration number of each pesticide applied.
The amount of pesticide applied.
The date and time of the pesticide application.
Any post-application precautions which you should observe.
A free copy of the pesticide label (if requested).We will notify residents of pesticide applications to living areas, and will post warning signs for lawncare applications, as required by law.
Section 9 ATCP 30.10 (8) (title) is amended to read:
ATCP 30.10 (8) (title) Srychnine Strychnine permits.
Section 10 ATCP 30.22 (2) (a) 3. is repealed.
Section 11 ATCP 30.22 (3) (a) 3. (Note) is amended to read:
ATCP 30.22 (3) (a) 3.
Section 12 ATCP 30.22 (5) (b) 2. is amended to read:
ATCP 30.22 (5) (b) 2. Metam sodium and chloropicrin toxicology and poisoning manifestations as described in Recognition and Management of Pesticide Poisonings, United States environmental protection agency, EPA 735-R-98-003 735-K-13-001, March 1999 2013, fifth sixth edition, or in other materials approved by the department.
Section 13 ATCP 30.22 (7) (a) (intro.) and 2. are amended to read:
ATCP 30.22 (7) (a) (intro.) A person applying a chloropicrin pesticide or a metam sodium pesticide shall keep all of the following records:
2. The time of each inspection under sub. (4) (6), the results of the inspection, and any actions taken under sub. (4) (6) as a result of the inspection.
Section 14 ATCP 30.22 (7) (am) is created to read:
ATCP 30.22 (7) (am) A person applying a chloropicrin pesticide shall keep all of the following records:
2. The time of each inspection under sub. (6), the results of the inspection, and any actions taken under sub. (6) as a result of the inspection.
Section 15. ATCP 30.22 (7) (b) is amended to read:
ATCP 30.22 (7) (b) A person shall retain records under par. (a) and (am) for at least 2 years, and shall make them available to the department for inspection and copying upon request.
Section 16. ATCP 30.24 (2) (a) is amended to read:
ATCP 30.24 (2) (a) Amount and frequency of use. No pesticide containing the active ingredient aldicarb may be applied at a rate exceeding 2 lbs. of aldicarb active ingredient per acre, or to the same application site more than once in any 2 successive years. Sites treated with aldicarb in 1987 may not be treated with aldicarb in 1988.
Section 17. ATCP 30.30 (11) is amended to read:
Section 18. ATCP 30.31 (3) (b) is amended to read:
ATCP 30.31 (3) (b) No person may apply irrigation water to any site to which atrazine product has been applied on or after April 1, 1991 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.
Section 19. ATCP 33.20 (7) (c) and (Note) are amended to read:
ATCP 33.20 (7) (c) An enclosure under par. (a) 3. shall consist of a secure wall or fence that is at least 5 feet tall at every point, and free of gaps that could allow unauthorized persons to enter. Security fencing installed on a concrete secondary containment structure wall shall comply with chapter 2 of the Wisconsin minimum design standards for concrete agrichemical containment Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005), if the secondary containment structure is constructed after November 1, 2006.
Note: The Wisconsin minimum design standards for concrete agrichemical containment Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (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
Section 20. ATCP 33.20 (10) (b) (Note) is amended to read:
ATCP 33.20 (10) (b)
Note: A storage facility at which an operator repackages pesticide for sale or distribution from a storage container to mini–bulk or other containers is considered a "pesticide producing establishment" under the federal act. The operator of that storage facility must obtain a pesticide producing establishment number from the federal environmental protection agency, and must include that establishment number on every mini–bulk or other container filled at that storage facility. Mini-bulk containers must be properly labeled, regardless of whether they are mobile containers.
Whenever an operator sells pesticide from a storage container, the operator must supply the purchaser with the pesticide labeling required under ss. 94.676 and 94.70, Stats. Section 21. ATCP 33.32 (5) (a) and (Note) are amended to read:
ATCP 33.32 (5) (a) Except as provided in par. (b), a A mixing and loading pad shall be constructed of portland cement concrete. A portland cement concrete mixing and loading pad constructed on or after November 1, 2006 shall meet the standards specified in chapters 5 and 6 of the Wisconsin minimum design standards for concrete agrichemical containment Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005).
Note: The Wisconsin minimum design standards for concrete agrichemical containment Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures (February 2005) were written by Professor David W. Kammel of the department of biological systems engineering, University of Wisconsin-Extension. Copies are on file with the department and the legislative reference bureau. Copies are available from the department, at no charge, at the following address:
