Chapter ATCP 29

ATCP 29.45(4)(a)5. 5. The spill containment surface may not have any precipitation drain through which spilled pesticide could discharge.

ATCP 29.45(4)(b) (b) A tarpaulin may not be used as a spill containment surface for liquid pesticides.

ATCP 29.45(4)(c) (c) A pesticide mixed with a liquid carrier is considered a liquid pesticide under this subsection. The impregnation of a nonliquid fertilizer with a liquid pesticide does not constitute the mixing or loading of a liquid pesticide under this subsection.

ATCP 29.45(5) (5) Sump area. If the spill containment surface drains to a sump area, the sump area shall meet all of the following requirements:

ATCP 29.45(5)(a) (a) The sump area shall be designed, constructed, and maintained to contain all liquid that drains to the sump.

ATCP 29.45(5)(b) (b) The sump area shall be liquid-tight.

ATCP 29.45(5)(c) (c) The sump area shall have a pump and storage container as described in s. ATCP 29.45 (4) (a) 2.

ATCP 29.45(5)(d) (d) The capacity of a sump installed after June 1, 2013, shall not be more than 50 gallons.

ATCP 29.45(5)(e) (e) The sump area shall be routinely inspected and maintained in compliance with this section and shall make and keep records of inspection and maintenance for at least 3 years.

ATCP 29.45(5)(f) (f) The sump area shall be repaired, when necessary, to good engineering practices and manufacturer specifications.

ATCP 29.45(5)(g) (g) The sump area shall be removed if it cannot be maintained in compliance with this section, or if corrective action is needed to remove environmental contamination from beneath the sump area. A leaking sump area shall be removed unless the sump is repaired and remains liquid-tight for at least 2 years after the date of repair.

ATCP 29.45 Note Note: Construction standards for sumps at fertilizer and pesticide bulk storage facilities are found in s. ATCP 33.38. In addition, the Wisconsin minimum design standards for concrete agrichemical containment (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:

ATCP 29.45 Note Department of Agriculture, Trade and Consumer Protection

ATCP 29.45 Note Agricultural Resource Management Division

ATCP 29.45 Note P.O. Box 8911

ATCP 29.45 Note Madison, WI 53708-8911

ATCP 29.45 Note Phone: [phone]

ATCP 29.45 Note Web: http://datcp.wi.gov

ATCP 29.45(6) (6) Recovery of discharges. Pesticides spilled or intentionally released onto a spill containment surface under sub. (1) shall be promptly recovered from the spill containment surface or from the catch basin to which it drains.

ATCP 29.45 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) (b), cr. (3) (d), (e), r. and recr. (4) (a), (5) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.46 ATCP 29.46 Mixing or loading near surface waters.

ATCP 29.46(1) (1) Prohibitions. Except as provided under sub. (2), no person may do any of the following:

ATCP 29.46(1)(a) (a) Immerse any pesticide application equipment, mix tank, or nurse tank in the waters of the state.

ATCP 29.46(1)(b) (b) Fill any pesticide application equipment, mix tank, or nurse tank from the waters of the state.

ATCP 29.46(1)(c) (c) Clean or fill any pesticide application equipment, mix tank, or nurse tank near the surface waters of the state, or near any well site, if pesticide spillage or overflow may contaminate waters of the state.

ATCP 29.46(2) (2) Exemptions. Subsection (1) does not prohibit any of the following:

ATCP 29.46(2)(a) (a) Filling pesticide application equipment, or a mix or nurse tank, from a well or discharge outlet that is fully protected against backflow and backsiphonage under s. SPS 382.41. The air gap from the supply outlet to the equipment being filled shall be at least twice the effective opening of the supply outlet, but not less than one inch.

ATCP 29.46(2)(b) (b) Filling or cleaning pesticide application equipment, or a mix or nurse tank, over a spill containment surface that complies with s. ATCP 29.45.

ATCP 29.46(2)(c) (c) Applying a pesticide by means of chemigation that complies with s. ATCP 29.54.

ATCP 29.46(2)(d) (d) Filling a water supply tank from surface waters if the water supply tank is used only to carry water. If the vehicle carrying the water supply tank also carries a pesticide container, the pesticide container must remain at least 8 feet from the surface water while the water supply tank is being filled.

ATCP 29.46(2)(e) (e) Making an aquatic pesticide application according to ch. NR 107, or filling a water supply tank from surface waters for that application.

ATCP 29.46 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.

ATCP 29.47 ATCP 29.47 Disposal of pesticides and pesticide containers.

ATCP 29.47(1) (1) General. No person may dispose of any pesticide or pesticide container, or hold any pesticide or pesticide container for disposal, in a manner that is inconsistent with label directions, that risks contaminating the waters of the state, or that creates a hazard to persons, property, or the environment.

ATCP 29.47(2) (2) Reuse prohibited. No person may reuse a pesticide container for any purpose. This subsection does not prohibit any of the following:

ATCP 29.47(2)(a) (a) Recycling a container for scrap in compliance with applicable law.

ATCP 29.47(2)(b) (b) Reusing, in compliance with label directions, a pesticide container that is designed to be reused.

ATCP 29.47(2)(c) (c) Returning a pesticide container to a pesticide manufacturer or seller who has agreed to receive that container.

ATCP 29.47(2)(d) (d) Temporarily reusing a pesticide container to hold the same pesticide recovered from a leaking or damaged pesticide container.

ATCP 29.47 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.48 ATCP 29.48 Pesticide spills.

ATCP 29.48(1) (1) Cleanup. In order to minimize hazards to persons, property and the environment, a person who spills a pesticide shall immediately take appropriate measures to contain the spill, recover the spilled pesticide, and clean surfaces exposed to the spilled pesticide.

ATCP 29.48(2) (2) Reporting. A person who spills a pesticide shall immediately notify the department of natural resources as required by s. 292.11, Stats.

ATCP 29.48 Note Note: The spill hotline for the department of natural resources is 1-800-943-0003. Ch. NR 706 specifies reportable spill amounts for all agricultural chemicals including pesticides. The department of agriculture, trade and consumer protection administers an agricultural chemical cleanup program under s. 94.73, Stats., and ch. ATCP 35, and can reimburse certain cleanup costs. You may contact the department’s spill response coordinator by calling 608-224-4500.

ATCP 29.48(3) (3) Storing spilled pesticide and rinsate. No spilled pesticides or spilled materials containing pesticides may be stored below ground level.

ATCP 29.48 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) Register May 2013 No. 689, eff. 6-1-13.

subch. IX of ch. ATCP 29 Subchapter IX — Pesticide Use

ATCP 29.50 ATCP 29.50 Pesticide use; general.

ATCP 29.50(1) (1) Negligent use. No person may do any of the following:

ATCP 29.50(1)(a) (a) Use or direct the use of a pesticide in a negligent manner, or in a manner inconsistent with the pesticide label.

ATCP 29.50(1)(b) (b) Use or direct the use of a pesticide for a purpose for which the pesticide is not registered or labeled under subch. II.

ATCP 29.50(2) (2) Overspray and drift.

ATCP 29.50(2)(a) (a) No person may use or direct the use of a pesticide in a manner that results in pesticide overspray or significant pesticide drift. This paragraph does not apply to mosquito control applications, made by, or under the direction of, a governmental entity for public health purposes, that use proper mosquito control application methods.

ATCP 29.50 Note Note: See definitions of “pesticide drift” and “pesticide overspray” under s. ATCP 29.01 (29) and (30).

ATCP 29.50(2)(b) (b) The application of pesticide outside the target application site is presumed to be the result of pesticide drift unless there is evidence of pesticide overspray.

ATCP 29.50(2)(c) (c) Pesticide drift is significant, under par. (a), if there is credible evidence that it has moved outside the target application site in any of the following amounts:

ATCP 29.50(2)(c)1. 1. Amounts that cause actual harm to persons, property, or the environment.

ATCP 29.50(2)(c)2. 2. Amounts that could potentially harm persons, property, or the environment under any reasonably foreseeable circumstances, regardless of whether an actual exposure or harm has occurred.

ATCP 29.50(2)(c)3. 3. Amounts that are readily visible.

ATCP 29.50(3) (3) Preharvest interval.

ATCP 29.50(3)(a) (a) No person may harvest an agricultural commodity from a pesticide application site during the preharvest interval specified for that commodity on the pesticide label.

ATCP 29.50(3)(b) (b) No person controlling a pesticide application site may direct or permit an agricultural commodity to be harvested from that site in violation of par. (a).

ATCP 29.50(4) (4) Contaminating waters of the state.

ATCP 29.50(4)(a) (a) Except as provided under par. (b), no person may do either of the following:

ATCP 29.50(4)(a)1. 1. Cause a pesticide to enter the waters of the state, either directly or through a sewer system.

ATCP 29.50(4)(a)2. 2. Use a pesticide in any manner which the user knows or should know will result in contamination of the waters of the state.

ATCP 29.50(4)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 29.50(4)(b)1. 1. The use of germicides, sanitizers, disinfectants, algaecides, or slimicides according to label directions.

ATCP 29.50(4)(b)2. 2. Fish management, mosquito abatement, or other water applications made under the supervision or rules of the department of natural resources.

ATCP 29.50 Note Note: See ch. NR 107.

ATCP 29.50(4)(b)3. 3. The application of pesticides according to label directions to control roots, insects, or rodents in sewers.

ATCP 29.50(4)(b)4. 4. The incidental application of pesticides to temporary rain puddles on target application sites.

ATCP 29.50(4)(b)5. 5. Unforeseeable leaching or runoff of a pesticide applied according to label directions.

ATCP 29.50(5) (5) Defective application equipment.

ATCP 29.50(5)(a) (a) Except as provided under par. (b), no person may use, furnish, lease, or sell pesticide application equipment that is clogged, unclean, leaking, or in disrepair, or that cannot be properly calibrated to apply pesticides at the rate specified on the pesticide label.

ATCP 29.50(5)(b) (b) Paragraph (a) does not prohibit the sale of pesticide application equipment that is clogged, unclean, leaking or in disrepair, or that cannot be properly calibrated, if the seller discloses those defective conditions to the buyer in writing prior to sale.

ATCP 29.50(6) (6) Employer or contractor. No person may direct, compel, or coerce that person’s employee or contract agent to do either of the following:

ATCP 29.50(6)(a) (a) Violate ss. 94.67 to 94.71, Stats., or this chapter.

ATCP 29.50(6)(b) (b) Use any pesticide in a manner which that person has reason to believe is likely to result in a violation of ss. 94.67 to 94.71, Stats., or this chapter.

ATCP 29.50 Note Note: Nothing in this chapter limits the civil or criminal liability of an employer or contractor for the acts or omissions of an employee or contract agent if the employer or contractor may be held jointly liable with the employee or agent under this chapter or other applicable law.

ATCP 29.50 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.51 ATCP 29.51 Advance notice of pesticide applications.

ATCP 29.51(1) (1) Pesticides highly toxic to bees.

ATCP 29.51(1)(a) (a) At least 24 hours before a pesticide labeled “Highly Toxic to Bees” or containing the active ingredient methomyl is applied to any site, the person who owns or controls that application site shall notify each beekeeper who has made a request under par. (b) during the same calendar year.

ATCP 29.51(1)(b) (b) A beekeeper who owns a honeybee colony located within 1 1/2 miles of a pesticide application site under par. (a) may request notice of pesticide applications under par. (a). The beekeeper shall make the request in writing to a person who owns or controls the application site. The request shall include the beekeeper’s name, address, and telephone number, if any, and the specific location of each of the beekeeper’s bee yards.

ATCP 29.51(1)(c) (c) A notice under par. (a) may be written or oral. The notice shall include the intended date and time of application, the brand or common name of the pesticide to be applied, and the location of the application site. If the application date changes after the notice is issued, the person who owns or controls the application site shall issue a corrected notice as soon as reasonably possible before the application occurs.

ATCP 29.51(1)(d) (d) Paragraph (a) does not apply to an emergency application needed to control a sudden pest outbreak if, because of the emergency circumstances, there is not enough time for notice under par. (a). The person who owns or controls the application site shall give notice under par. (a) as soon as reasonably possible before or after the emergency application. The notice shall include a brief explanation of the circumstances constituting the emergency.

ATCP 29.51(1)(e) (e) Any person may give a notice under par. (a) on behalf of the person who owns or controls the application site.

ATCP 29.51(2) (2) Aerial applications. An individual may request advance notice of aerial pesticide applications to land immediately adjacent to that individual’s residence, as provided under s. ATCP 29.53 (2).