ATCP 31.03(3)(a) (a) Use of the system has been discontinued, and the discontinued system is locked or otherwise secured to prevent any use of the system; or

ATCP 31.03(3)(b) (b) The system is used solely as a nonpotable water supply. A nonpotable water supply system under this paragraph shall be clearly posted to warn potential users that the system is not a potable water supply. The system shall also be locked or otherwise secured when not in use, to prevent any use of the system as a potable water supply.

ATCP 31.03(4) (4) A well or system shall be excluded as a point of standards application if the department or the department of natural resources determines that groundwater samples collected from the well or system do not reliably reflect groundwater conditions, because of the design or construction of the well or system.

ATCP 31.03 Note Note: Since groundwater monitoring is not usually required under existing rules for activities subject to department regulation, the points of standards application in this section are specified pursuant to s. 160.21 (2) (b), Stats.

ATCP 31.03 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; Register, January, 1998, No. 505; correction made under s. 13.93 (2m) (b) 7., Stats.; cr. (1) (d), Register, March, 1998, No. 507, eff. 4-1-98.

ATCP 31.04 ATCP 31.04 Preliminary investigation based on groundwater sample test results.

ATCP 31.04(1) (1) Upon receipt of groundwater test results indicating the presence of a fertilizer substance or pesticide substance in groundwater, the department shall undertake a preliminary investigation to determine whether the presence of the fertilizer substance or pesticide substance may have resulted from, or may be affected by an activity subject to department regulation. The department may investigate on the basis of unofficial groundwater test results if the test results are sufficiently reliable to warrant investigation.

ATCP 31.04(2) (2) If, upon preliminary investigation, the department finds that the presence of a fertilizer substance or pesticide substance in groundwater has resulted from, or may be affected by an activity subject to department regulation, the department shall investigate to determine:

ATCP 31.04(2)(a) (a) Whether the presence of the fertilizer substance or pesticide substance in groundwater has resulted from a violation of an existing statute, rule or order administered by the department under s. 94.645, Stats., or ss. 94.67 through 94.71, Stats.

ATCP 31.04(2)(b) (b) Whether the concentration of the fertilizer substance or pesticide substance attains or exceeds an enforcement standard or preventive action limit.

ATCP 31.04 Note Note: If an unofficial groundwater test result is not sufficiently reliable to warrant investigation, the department may nevertheless:

ATCP 31.04 Note 1. Refer the groundwater test results to the department of natural resources, with or without a recommendation for official sampling or other action.

ATCP 31.04 Note 2. Refer the groundwater test results to another regulatory agency, with or without a recommendation for action.

ATCP 31.04 Note 3. Refer the groundwater test results to state or local health authorities, and to county agricultural extension agents.

ATCP 31.04 Note 4. Inform affected persons of the groundwater test results, and suggest voluntary measures to prevent, limit or reduce any substance concentrations which may exist in groundwater.

ATCP 31.04 Note 5. Initiate further investigation or research related to the groundwater test results.

ATCP 31.04 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85.

ATCP 31.05 ATCP 31.05 Violation of existing statute or rule; enforcement options.

ATCP 31.05(1) (1) Fertilizer and pesticide bulk storage; violation of existing rules. If, upon investigation under s. ATCP 31.04 (2), the department finds that the concentration of a fertilizer substance or pesticide substance in groundwater has resulted from a violation of rules adopted by the department under s. 94.645, Stats., the department may proceed against the violator using any of the following enforcement options, even if the concentration does not exceed an enforcement standard or preventive action limit:

ATCP 31.05(1)(a) (a) A court action to recover a civil forfeiture from the violator, as provided under s. 94.645 (5), Stats.

ATCP 31.05(1)(b) (b) An administrative special order proceeding, as provided under s. 94.645 (4) (a), Stats. Upon violation of a department special order issued under s. 94.645 (4) (a), Stats., the department may seek an injunction under s. 94.645 (4) (b), Stats., or a civil forfeiture under s. 94.645 (5), Stats.

ATCP 31.05(1)(c) (c) A warning notice under s. 93.06 (10), Stats.

ATCP 31.05 Note Note: Rules adopted under s. 94.645, Stats., to regulate fertilizer bulk storage are contained in ch. ATCP 33. Rules adopted under s. 94.645, Stats., to regulate pesticide bulk storage are contained in ch. ATCP 33.

ATCP 31.05(2) (2) Pesticide use; violation of existing statutes or rules. If, upon preliminary investigation under s. ATCP 31.04 (2), the department finds that the concentration of a pesticide substance in groundwater has resulted from a violation of any provision of ss. 94.67 through 94.71, Stats., or any rule adopted under s. 94.69, Stats., the department may proceed against the violator using any of the enforcement options set forth under s. 94.71, Stats., as appropriate, or may issue a warning notice to the violator under s. 93.06 (10), Stats., as appropriate. The concentration of a pesticide substance in groundwater need not attain or exceed an enforcement standard or preventive action limit in order for the department to take enforcement action under this subsection.

ATCP 31.05(3) (3) This section does not limit the department’s responsibility under ss. ATCP 31.06 and 31.07.

ATCP 31.05 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85.

ATCP 31.06 ATCP 31.06 Fertilizer or pesticide bulk storage; groundwater contamination exceeding enforcement standard or preventive action limit; regulatory options.

ATCP 31.06(1) (1) Rulemaking. If, upon investigation under s. ATCP 31.04 (2), the department finds that the concentration of a fertilizer substance or pesticide substance in groundwater attains or exceeds an enforcement standard or preventive action limit, and that the concentration has resulted from or may be affected by bulk fertilizer or bulk pesticide storage activities which are not currently regulated by the department, the department shall review its rules adopted under s. 94.645, Stats., to determine whether the rules should be amended pursuant to s. 160.19, Stats. Rule amendments, if any, shall be general in application, and may not be limited in their application to a single bulk fertilizer or bulk pesticide storage facility.

ATCP 31.06 Note Note: Rules adopted under s. 94.645, Stats., to regulate fertilizer bulk storage are contained in ch. ATCP 33. Rules adopted under s. 94.645, Stats., to regulate pesticide bulk storage are contained in ch. ATCP 33.