ATCP 35.03 NoteNote: To obtain a copy of the landspreading agreement form, contact the Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division, P.O. Box 8911, Madison, Wisconsin 53708.
ATCP 35.03(3)(h)(h) Other relevant information which the department may require.
ATCP 35.03(4)(4)Action on permit application. The department may approve landspreading which applies agricultural chemicals at rates that are comparable to those used in normal agronomic practice. The department shall grant or deny a permit application under sub. (3) within 30 days after the department receives a complete application.
ATCP 35.03(5)(5)Permit conditions. The department may specify conditions which apply to a permit issued under sub. (1) or (2) (a), including any applicable requirements under chs. 94, 281 to 285 and 289 to 299, Stats. The department shall specify the conditions in writing, as part of the permit.
ATCP 35.03(6)(6)Report. Within 30 days after a permit holder landspreads soil or water pursuant to a department permit under sub. (1) or (2) (a), the permit holder shall provide the department with documentation showing all of the following:
ATCP 35.03(6)(a)(a) The dates and fields on which the landspreading occurred.
ATCP 35.03(6)(b)(b) The rate at which the landspread materials were applied to each field.
ATCP 35.03(6)(c)(c) Written confirmation that the responsible person notified the owner of the landspreading site of the actual kinds and amounts of agricultural chemicals that were applied to the site as a result of the landspreading.
ATCP 35.03(6)(d)(d) A description of any problems incurred in connection with the landspreading.
ATCP 35.03(6)(e)(e) A description of the tillage performed in connection with the landspreading.
ATCP 35.03 HistoryHistory: Cr. Register, September, 1998, No. 513, eff. 10-1-98; am. (3) (intro.), renum. (3) (f) to be (3) (h), cr. (3) (f), (g) and (6) (c) to (e), r. and recr. (6) (a) and (b), Register, October, 2000, No. 538, eff. 11-1-00; CR 03-119: renum. (1) to be (1) (a), cr. (1) (b) Register October 2004 No. 586, eff. 11-1-04.
ATCP 35.04ATCP 35.04Costs eligible for reimbursement. Subject to the provisions of this chapter, the department shall reimburse a responsible person for the following corrective action costs, and no others:
ATCP 35.04(1)(1)The cost of qualified professional services needed for the effective planning and implementation of a corrective action, including engineering, hydrogeologic, field technician, hazardous waste disposal or general contractor services.
ATCP 35.04(2)(2)Costs to sample and analyze soils, groundwater or other media. This may include costs for soil boring, installation of monitoring wells, sample collection, sample analysis and related activities.
ATCP 35.04(3)(3)Costs to excavate contaminated soils and other contaminated materials, including backfilling and grading to restore the contours or drainage characteristics of land altered by the corrective action.
ATCP 35.04(4)(4)Costs to collect, handle, transport, treat or dispose of contaminated soils, groundwater or other contaminated materials. If the responsible person disposes of contaminated soils by means of landspreading under s. ATCP 35.03, the department may reimburse the following additional costs related to that landspreading:
ATCP 35.04(4)(a)(a) Reasonable costs for tillage that is in excess of normal tillage and that is needed to reduce soil compaction caused by the landspreading. The department may not reimburse costs for more than 2 tillage passes.
ATCP 35.04(4)(b)(b) Costs for pre-plant nitrogen testing of the landspreading site to determine appropriate nitrogen credits for landspread soil that includes a significant nitrogen component. The department may reimburse pre-plant nitrogen testing only if that testing uses sampling and analytical methods that are scientifically recognized and standard within the agronomic community.
ATCP 35.04(4)(c)(c) Locally reasonable rent, not to exceed rent for one growing season, for cropland taken out of production for any of the following reasons:
ATCP 35.04(4)(c)1.1. The necessary stockpiling of soil, pending landspreading.
ATCP 35.04(4)(c)2.2. Crop harvesting restrictions in the landspreading permit.
ATCP 35.04(4)(d)(d) Costs to compensate a landowner for crop loss or yield reduction that occurs within one year after the landspreading if the landowner demonstrates, to a reasonable degree of certainty, that the crop loss or yield reduction was caused by one of the following:
ATCP 35.04(4)(d)1.1. Agricultural chemicals that were present in the landspread soil, but not known to be present when the landspreading occurred.
ATCP 35.04(4)(d)2.2. Planting delays caused by the landspreading.
ATCP 35.04(4)(d)3.3. Soil compaction caused by landspreading, notwithstanding reasonable tillage of the landspreading site.
ATCP 35.04(4)(e)(e) Costs to compensate a landspreading site owner for access, scheduling and like costs related to landspreading, if that compensation is necessary to obtain access to a landspreading site. The department may reimburse costs that are locally reasonable, and do not exceed $0.50 per cubic yard of landspread soil. This paragraph does not apply to landspreading on a site owned by the responsible person.
ATCP 35.04(4)(f)(f) Costs to remove rocks and other debris from landspread soils. The department may reimburse costs to remove rocks and other debris before or after the landspreading occurs, but not both. The department may not reimburse costs to remove rocks or debris more than 90 days after landspreading is completed. If a responsible person obtains competitive bids to screen the soil before it is landspread, the responsible person may not substitute the costs for post-landspreading debris removal without obtaining competitive bids under s. ATCP 35.16.
ATCP 35.04(5)(5)Costs for any of the following corrective measures that the department specifically requires, or that the department specifically pre-approves in writing after finding that the measures are less expensive than the available alternatives:
ATCP 35.04(5)(a)(a) Removal and disposal of concrete or asphalt. The department may not reimburse costs for the removal or disposal of concrete or asphalt installed after January 1, 1998 unless the responsible person proves to the department, by credible laboratory tests, that the construction site was free of agricultural chemical contamination when the concrete or asphalt was installed. The cost to remove concrete or asphalt may include its depreciated value calculated as the original construction cost less all depreciation claimed to date by any person for tax purposes.