Wisconsin Legislature: ATCP 30.24(6)(b)3.a.

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.

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

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

(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.

(5) Aldicarb applications to certain sites prohibited.

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

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

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.

(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:

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.

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.

(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.

(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.

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

(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:

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

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.

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

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:

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.

b. The materials from which the monitoring wells will be constructed.

c. The depth of each monitoring well, and the type, length, and diameter of the sample screen on each well.

d. The date by which each monitoring well is to be installed.

e. Whether or not each monitoring well will be considered a point of standards application.

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:

a. The number of groundwater samples to be collected from each monitoring well, and the intended dates of collection.

b. The persons or agencies who will collect the groundwater samples.

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.

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

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.

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.

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

(7) Summary special orders; general.

(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.

(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.

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

(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.

(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.

(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).

(8) Prohibition areas.

(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.

(b) Creation and scope of prohibition areas.

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.

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.

(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.

(10) Notice of contamination findings.

(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:

1. The Wisconsin department of natural resources and the Wisconsin department of health services.

2. The county health department or county nurse, and the county extension agent for the county in which the groundwater sample was drawn.

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.

(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.

(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.

(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.

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.

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.

Subchapter VIII — Atrazine Pesticides

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

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

(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.

(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.

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

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

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

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

(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.

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

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

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

(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.

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

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

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

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

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

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

(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.

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

(21) “Root zone” means the mass of soil extending downward to the depth of the roots of the crop being grown.

(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).

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.

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.

(23) “Surface soil” means the soil ordinarily moved in tillage, or its equivalent in uncultivated soil, ranging in depth from 4 to 10 inches.

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 General restrictions and requirements for use of atrazine.

(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.

(2) Timing of application. No atrazine product may be applied to any site before April 1 or after July 31 in any year.

(3) Use of atrazine with irrigation. The following restrictions apply to the use of atrazine product with irrigation:

(a) Except as provided under s. ATCP 30.38 (2), no person may apply atrazine product through an irrigation system.

(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.