ATCP 29.70(3) (3) Action on permit application. The department shall grant or deny a permit application under sub. (2) within 20 business days after the department receives a complete application.

ATCP 29.70(4) (4) Issuing a permit. The department may issue an emergency use permit under sub. (1), based on a complete application under sub. (2), if the department finds all of the following:

ATCP 29.70(4)(a) (a) The emergency use is necessary to prevent a serious risk to persons, property, or the environment.

ATCP 29.70(4)(b) (b) The benefits from the proposed emergency use outweigh the potential risks which that use may pose to persons, property, and the environment.

ATCP 29.70(4)(c) (c) There are no effective alternative control measures.

ATCP 29.70 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 29.70(6) (6) Permit conditions.

ATCP 29.70(6)(a) (a) The department may impose conditions on an emergency use permit to protect persons, property, and the environment. These may include any of the following:

ATCP 29.70(6)(a)1. 1. Time limits.

ATCP 29.70(6)(a)2. 2. Conditions related to the amount of pesticide used, the location and size of the application site, the method of application, and the disposal of pesticide containers and unused pesticides.

ATCP 29.70(6)(a)3. 3. Conditions related to the training and qualifications of persons applying the pesticide.

ATCP 29.70(6)(a)4. 4. Other conditions which the department considers appropriate.

ATCP 29.70(7) (7) Suspending or revoking a permit. The department may summarily suspend or revoke an emergency use permit if the department finds any of the following:

ATCP 29.70(7)(a) (a) Information contained in the permit application is false or misleading.

ATCP 29.70(7)(b) (b) Permit conditions or limitations have been violated.

ATCP 29.70(7)(c) (c) The pesticide use poses an unreasonable risk to persons, property, or the environment.

ATCP 29.70 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (2) (intro) Register May 2013 No. 689, eff. 6-1-13.

ATCP 29.71 ATCP 29.71 Experimental use permits.

ATCP 29.71(1) (1) Authorization. The department may issue an experimental use permit authorizing the sale, purchase, shipment, and use of a pesticide, other than DDT and its isomers and metabolites, for experimental purposes not otherwise permitted under ss. 94.67 through 94.71, Stats., or this chapter. The department may not issue a permit for any purpose that is prohibited under the federal act. The department may issue a permit to any of the following persons:

ATCP 29.71(1)(a) (a) A person who needs the permit to acquire experimental data in this state in order to register a pesticide or pesticide use under the federal act or s. ATCP 29.72.

ATCP 29.71(1)(b) (b) A person, other than a pesticide seller or a seller’s promotional agent, who needs the permit to perform bona fide scientific research in this state.

ATCP 29.71(2) (2) Permit application. An application for an experimental use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

ATCP 29.71(2)(a) (a) The applicant’s complete name and address.

ATCP 29.71(2)(b) (b) The complete name and address of each person who will be shipping the pesticide, and the address from which each shipment will originate.

ATCP 29.71(2)(c) (c) The complete name and address of each person who will receive a pesticide shipment in this state.

ATCP 29.71(2)(d) (d) The complete name and address of each individual who will use or direct the use of the pesticide.

ATCP 29.71(2)(e) (e) The complete name and address of each person on whose property the pesticide will be used.

ATCP 29.71(2)(f) (f) A detailed description of the proposed experimental use, including all of the following:

ATCP 29.71(2)(f)1. 1. The purpose of the experimental use.