Chapter ATCP 30

subch. V of ch. ATCP 30 Subchapter V — Pesticides Used To Control Bats

ATCP 30.19 ATCP 30.19 Pesticides used to control bats.

ATCP 30.19(1) (1) Prohibition. No person may sell, distribute, or use any pesticide, other than naphthalene, for the purpose of killing, injuring, repelling, or affecting the behavior of bats unless that person has an emergency use permit from the department under sub. (2).

ATCP 30.19(2) (2) Emergency use permit. The department may issue a permit, under s. 94.708 (4), Stats., authorizing the emergency use of a pesticide other than naphthalene on a bat colony if a rabies outbreak or other condition in that bat colony threatens the health or welfare of any person. The department shall issue the emergency use permits according to the procedure specified under s. ATCP 29.70. The department may not issue a permit based solely on a finding of a single rabid bat.

ATCP 30.19 Note Note: See s. 94.708, Stats., which also restricts the advertising and promotion of pesticides to control bats.

ATCP 30.19 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. VI of ch. ATCP 30 Subchapter VI — Chloropicrin and Metam Sodium Pesticides

ATCP 30.22 ATCP 30.22 Metam sodium and chloropicrin pesticides; use restrictions.

ATCP 30.22(1) (1) Definitions. In this section:

ATCP 30.22(1)(a) (a) “Chemigation” has the meaning given in s. ATCP 29.54 (1) (d).

ATCP 30.22(1)(am) (am) “Chloropicrin pesticide” means any soil fumigant or other pesticide containing chloropicrin.

ATCP 30.22(1)(b) (b) “Metam sodium” means Sodium N-Methyldithiocarbamate, also referred to as metham sodium.

ATCP 30.22(1)(c) (c) “Metam sodium pesticide” means any soil fumigant or other pesticide containing metam sodium.

ATCP 30.22(1)(d) (d) “Public building” has the meaning given under s. 101.01 (12), Stats., but does not include a residential structure.

ATCP 30.22(1)(e) (e) “Residential structure” means a structure which is used wholly or in part as a human residence, and includes all lawns, grounds, facilities, and furnishings pertaining to that structure. “Residential structure” includes all of the following:

ATCP 30.22(1)(e)1. 1. A residential structure occupied on a rental basis.

ATCP 30.22(1)(e)2. 2. A mobile home and the site on which it is located.

ATCP 30.22(1)(e)3. 3. A hotel, motel, or similar premises occupied on a transient basis.

ATCP 30.22(1)(e)4. 4. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.

ATCP 30.22(1)(e)5. 5. A prison, jail, or other place of detention.

ATCP 30.22(1)(f) (f) “Tarped application” means an application to a site that is required to be covered with a tarp or other impermeable barrier, as provided in sub. (4).

ATCP 30.22(1)(g) (g) “Untarped application” means an application other than a tarped application.

ATCP 30.22(2) (2) Applicator certification.

ATCP 30.22(2)(a) (a) No individual may apply a metam sodium pesticide unless that individual is one of the following:

ATCP 30.22(2)(a)1. 1. Licensed and certified as a commercial applicator under ss. ATCP 29.25 and 29.26. The individual shall be certified as a commercial applicator in the appropriate use category or categories under s. ATCP 29.31.

ATCP 30.22(2)(a)2. 2. Certified to make that application as a private applicator under s. ATCP 29.27.

ATCP 30.22(2)(b) (b) No individual may apply a metam sodium pesticide by means of chemigation unless that individual is certified under s. ATCP 29.29 (2).

ATCP 30.22(2)(c) (c) No individual may apply a metam sodium pesticide by means of soil fumigation unless that individual is certified under s. ATCP 29.29 (3) or (4).

ATCP 30.22(3) (3) Agricultural application sites.

ATCP 30.22(3)(a) (a) Tarped applications. No person may make a tarped application of a chloropicrin pesticide or a metam sodium pesticide for any agricultural purpose within 1/8 mile of any of the following:

ATCP 30.22(3)(a)1. 1. A hospital, nursing home, jail, or prison.

ATCP 30.22(3)(a)2. 2. A school that will be in session during the application or within 48 hours after the application is completed.

ATCP 30.22(3)(a)3. 3. A licensed daycare facility that will be in session during the application or within 48 hours after the application is complete. This subdivision does not apply to an application to a plant nursery that was in existence prior to the date the daycare was first licensed if the plant nursery operator provides notice of the application to the daycare operator at least 24 hours in advance of the application and at a time when the daycare is in session.

ATCP 30.22 Note Note: A listing of licensed daycares in each county can be found at https://dcf.wisconsin.gov/cclicensing/lcc-directories.

ATCP 30.22(3)(b) (b) Untarped applications. Except as provided in par. (a) 3., no person may make an untarped application of a chloropicrin pesticide or metam sodium pesticide for any agricultural purpose within 1/4 mile of any structure identified in par. (a).

ATCP 30.22(4) (4) Agricultural application methods.

ATCP 30.22(4)(a) (a) A person who applies a chloropicrin pesticide or a metam sodium pesticide for an agricultural purpose shall cover the application site with a tarp or other impermeable barrier, as prescribed by the pesticide label, immediately after that person applies the pesticide to the soil surface or incorporates it into the soil by discing or tilling.

ATCP 30.22(4)(b) (b) Paragraph (a) does not apply to any of the following:

ATCP 30.22(4)(b)1. 1. An application in which the pesticide is injected beneath the soil surface.

ATCP 30.22(4)(b)2. 2. A chemigation application complying with sub. (5).

ATCP 30.22(4)(c) (c) No person may apply a metam sodium pesticide for any agricultural purpose by means of knife rig injection when the soil temperature is greater than 75° Fahrenheit measured at a depth of 5 to 6 inches.

ATCP 30.22(5) (5) Chemigation. A chemigation application of a chloropicrin pesticide or a metam sodium pesticide shall comply with s. ATCP 29.54 and all of the following:

ATCP 30.22(5)(a) (a) The person making the application shall provide 72 hours advance written notice of the application to the county public health agency and to every individual or household residing within 1/4 mile of the chemigation application site. If an individual or household resides in a residential structure other than a one-family or two-family dwelling, written notice to the manager of the residential structure constitutes notice to that individual or household under this paragraph. Notice under this paragraph shall include all of the following:

ATCP 30.22(5)(a)1. 1. The location of the application site.

ATCP 30.22(5)(a)2. 2. The earliest possible date and time when application will begin.

ATCP 30.22(5)(a)3. 3. The brand name of the chloropicrin pesticide or metam sodium pesticide that will be applied.

ATCP 30.22(5)(a)4. 4. Notice that eye irritation is an early symptom of chloropicrin or metam sodium exposure, and that eye irritation may be alleviated by leaving the affected area.

ATCP 30.22(5)(a)5. 5. Notice that a resident may obtain the pre-application information under par. (b) if that resident requests the information at least 24 hours before the application is scheduled to occur.

ATCP 30.22(5)(a)6. 6. The name, address, and telephone number of an individual who will provide further information upon request, including pre-application information under par. (b).

ATCP 30.22(5)(b) (b) If a resident requests pre-application information under par. (a) 5., the person making the application shall provide the following written information to the requester before making the application:

ATCP 30.22(5)(b)1. 1. A copy of the pesticide label.

ATCP 30.22(5)(b)2. 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-K-13-001, 2013, sixth edition, or in other materials approved by the department.

ATCP 30.22 Note Note: The department will provide a free copy of the information under subd. 2. to a person making a metam sodium or chloropicrin pesticide application. To obtain a copy, you may contact the department at the following address: Department of Agriculture Trade and Consumer Protection, Division of Agricultural Resource Management, Bureau of Agrichemical Management, P.O. Box 8911 Madison, WI 53708-8911.

ATCP 30.22(5)(b)3. 3. The date on which the pesticide will be applied. With the prior consent of the requesting resident, the person making the application may give the application date orally, rather than in writing.

ATCP 30.22(5)(c) (c) An applicator certified according to s. ATCP 29.29 (2) shall be present at the chemigation site at all times during the chemigation application.

ATCP 30.22(5)(d) (d) No metam sodium pesticide may be applied by chemigation if the air temperature at the application site exceeds 80° Fahrenheit.

ATCP 30.22(5)(e) (e) No metam sodium pesticide may be applied by chemigation if the soil temperature at the application site exceeds 70° Fahrenheit at a depth of 5 to 6 inches.

ATCP 30.22(5)(f) (f) No metam sodium pesticide may be applied by chemigation if a local weather forecast indicates that more than 3/4 of an inch of rainfall may occur in the area of the application site within 6 hours following application.

ATCP 30.22(6) (6) Monitoring and reporting.

ATCP 30.22(6)(a) (a) Whenever a chloropicrin pesticide or a metam sodium pesticide is applied for agricultural purposes, a certified applicator shall inspect the application site within one hour of sunset on the day of application.

ATCP 30.22(6)(b) (b) An applicator making an inspection under par. (a) shall do all of the following as part of that inspection:

ATCP 30.22(6)(b)1. 1. Check the treated area and surrounding areas for volatilized gas odors resulting from the application.

ATCP 30.22(6)(b)2. 2. Carefully monitor all locations where gases have volatilized.

ATCP 30.22(6)(b)3. 3. Initiate follow-up action under this subsection, if required.

ATCP 30.22(6)(b)4. 4. Use proper safety equipment and precautions.

ATCP 30.22(6)(c) (c) If any person making a chloropicrin pesticide or metam sodium pesticide application has reason to believe that gas volatilization from the application may result in significant pesticide drift under s. ATCP 29.50 (2), that person shall immediately do all of the following:

ATCP 30.22(6)(c)1. 1. Irrigate the application site with 1/4 inch to 1/2 inch of water if it is possible to do so.

ATCP 30.22(6)(c)2. 2. Notify the department.

ATCP 30.22(6)(c)3. 3. Notify Wisconsin emergency management if it appears that a residential structure or public building may be exposed to significant pesticide drift under s. ATCP 29.50 (2). Notice shall include the location of the application site and the affected residential structure or public building.

ATCP 30.22 Note Note: The telephone number for Wisconsin emergency management is 1-800-943-0003. The telephone number for the department is [phone].

ATCP 30.22(7) (7) Recordkeeping requirements.

ATCP 30.22(7)(a) (a) A person applying a metam sodium pesticide shall keep all of the following records:

ATCP 30.22(7)(a)1. 1. Applicable records required under s. ATCP 29.21 or 29.33.

ATCP 30.22(7)(a)2. 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.

ATCP 30.22(7)(a)3. 3. The soil temperature at the time of application if the application is made by knife rig injection or chemigation. The soil temperature shall be measured 5 to 6 inches below the soil surface.

ATCP 30.22(7)(am) (am) A person applying a chloropicrin pesticide shall keep all of the following records:

ATCP 30.22(7)(am)1. 1. Applicable records required under s. ATCP 29.21 or 29.33.

ATCP 30.22(7)(am)2. 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.

ATCP 30.22(7)(b) (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.

ATCP 30.22 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 06-136: cr. (1) (am), (f) and (g), (4) (a), (5) (intro.) and (a) 3. and 4., (b) 1., 2. and (c), (6) (a) (intro.), (c), 3. and (7) (a) (intro.), r. and recr. (3), Register July 2007, No. 619, eff. 8-1-07; CR 08-075: am. (title) Register April 2009 No. 640, eff. 5-1-09; CR 14-047: r. (2) (a) 3., am. (5) (b) 2., (7) (a) (intro.), 2., cr. (7) (am), am. (7) (b) Register May 2015 No. 713, eff. 6-1-15.

subch. VII of ch. ATCP 30 Subchapter VII — Aldicarb Pesticides

ATCP 30.24 ATCP 30.24 Aldicarb use restrictions; reporting requirements.

ATCP 30.24(1) (1) Definitions. As used in this section:

ATCP 30.24(1)(a) (a) “Division” means the agricultural resource management division of the department.

ATCP 30.24(1)(b) (b) “Point of standards application” means a point of standards application as defined in s. ATCP 31.01 (13).

ATCP 30.24(1)(c) (c) “Prohibition area” means an area in which aldicarb use is prohibited under sub. (8).

ATCP 30.24(1)(d) (d) “Reliable groundwater test result” means an official groundwater test result as defined in s. ATCP 31.01 (8), or a groundwater test result which the department determines to be reliable under s. ATCP 31.02 (2). It includes every groundwater test result which was used as a basis for prohibiting aldicarb use under the provisions of this section, which became effective on or after April 1, 1983.

ATCP 30.24(2) (2) General restrictions on aldicarb use.

ATCP 30.24(2)(a) (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.