Wisconsin Legislature: ATCP 30.22(6)(c)2.

1. An application in which the pesticide is injected beneath the soil surface.

2. A chemigation application complying with sub. (5).

(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.

(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:

(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:

1. The location of the application site.

2. The earliest possible date and time when application will begin.

3. The brand name of the chloropicrin pesticide or metam sodium pesticide that will be applied.

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.

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.

6. The name, address, and telephone number of an individual who will provide further information upon request, including pre-application information under par. (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:

1. A copy of the pesticide label.

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.

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.

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.

(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.

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

(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.

(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.

(6) Monitoring and reporting.

(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.

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

1. Check the treated area and surrounding areas for volatilized gas odors resulting from the application.

2. Carefully monitor all locations where gases have volatilized.

3. Initiate follow-up action under this subsection, if required.

4. Use proper safety equipment and precautions.

(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:

1. Irrigate the application site with 1/4 inch to 1/2 inch of water if it is possible to do so.

2. Notify the department.

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.

Note: The telephone number for Wisconsin emergency management is 1-800-943-0003. The telephone number for the department is (608) 224-4500.

(7) Recordkeeping requirements.

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

1. Applicable records required under s. ATCP 29.21 or 29.33.

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.

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.

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

1. Applicable records required under s. ATCP 29.21 or 29.33.

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.

(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.

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.

Subchapter VII — Aldicarb Pesticides

ATCP 30.24 Aldicarb use restrictions; reporting requirements.

(1) Definitions. As used in this section:

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

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

(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.

(2) General restrictions on aldicarb use.

(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.

(b) Use by certified applicators only. Pesticides containing the active ingredient aldicarb are classified as restricted-use pesticides. As restricted-use pesticides, they may only be applied by the following persons:

1. An individual commercial applicator certified in the pest control category pertaining to the type of application being made.

2. A certified private applicator.

(c) Timing of application. No pesticide containing the active ingredient aldicarb may be applied on potatoes sooner than 28 days after the date of planting or later than 42 days after the date of planting. Potatoes from fields treated with aldicarb may not be harvested sooner than 50 days after the date of treatment.

(3) Report of intended application.

(a) No person may apply a pesticide containing the active ingredient aldicarb unless a report of intended application has been filed with the department at least 45 days before the pesticide is applied. Reports of intended application shall be made on forms provided by the department, and shall specify:

1. The name, address, and applicator certification number of the person making the application.

2. The name and address of the person contracting for the application, if any.

3. The crop on which the pesticide is to be applied, and the pests intended to be controlled by the application.

4. The specific location at which the pesticide is to be applied, including township, range, section and quarter-quarter section.

5. The approximate date on which the pesticide is to be applied.

6. The size of the area to be treated, and the amount of pesticide to be applied.

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.