ATCP 31.07(2)(a)1.1. A site-specific response may include one or more special orders issued under s. 94.71 (3) (c), Stats. The department may issue a special order to a respondent, whether or not the respondent has previously engaged in the use of the pesticide, if the department finds that the special order is necessary to achieve the objectives under sub. (1). The department may, by substance-specific rules under s. ATCP 31.09, prescribe the scope and contents of special orders, and the conditions under which special orders are to be issued. Special orders may be issued on a summary basis, according to criteria set forth under s. 94.71 (3) (c), Stats., and any substance-specific rules adopted under s. ATCP 31.09. Summary special orders are subject to a right of hearing before the department upon request. Special orders required by rule may be signed by a department employee designated in the rule. All other special orders shall be signed by the secretary, or a person individually designated by the secretary.

ATCP 31.07(2)(b)(b) Rules applicable to a specific locality. A site-specific response may include the adoption of rules whose geographic scope is limited to a specific locality if, in the department’s judgment, the conditions in that locality justify the geographically limited rules. Within the designated locality, rules shall be general in their application, and may not be limited to a single pesticide user. Rules may be adopted on an emergency basis as necessary, pursuant to s. 227.24, Stats. Site-specific rules under this paragraph may supplement, or be incorporated into more general substance-specific rules under s. ATCP 31.09. Site-specific rules may include any of the provisions set forth under s. ATCP 31.09 (2), as applicable.

ATCP 31.07(2)(c)(c) Denial, suspension or revocation of permits. If a permit is required by statute or rule for the use of a pesticide, a site-specific response may include the denial, suspension or revocation of pesticide use permits for the locality covered by the site-specific response. The department may, by substance-specific rules under s. ATCP 31.09, prescribe the terms and conditions under which permits are to be denied, suspended or revoked. If the denial, suspension or revocation of a pesticide use permit is required by rule under certain conditions, the order denying, suspending or revoking the permit may be signed by a department employee designated in the rule. All other orders denying, suspending or revoking permits shall be signed by the secretary, or by a person individually designated by the secretary. Where necessary in an emergency, permits may be summarily suspended, pursuant to s. 227.51, Stats. Circumstances constituting an emergency may be specified by rule. The denial, suspension or revocation of a permit is subject to a right of hearing before the department upon request.

ATCP 31.07(3)(3) Site-specific response; maximum geographic scope. A site-specific response required under this section does not include a regulatory action which extends beyond the groundwater recharge zone of the aquifer from which the groundwater sample was collected at the point of standards application. If the pesticide substance has migrated, or may migrate through more than one aquifer, a site-specific response may extend, at a maximum, to the boundary of the outermost recharge zone providing recharge to an affected aquifer. If the natural boundary of a groundwater recharge zone is not readily definable, a site-specific response may extend, at a maximum, to the whole of every land parcel which, in the judgment of the department, may be wholly or partially located within the relevant groundwater recharge zone. All or a portion of any land parcel may be exempted from a site-specific response upon proof that the parcel or portion is located outside the groundwater recharge zone to which the site-specific response is applicable. Within the maximum geographic limits specified under this section, the department may determine the geographic scope of the site-specific response, based on the objective of restoring and maintaining compliance with the preventive action limit and minimizing the concentration of the pesticide substance in groundwater where technically and economically feasible, at the point of standards application and other downgradient points to which the pesticide substance may migrate. For purposes of administrative efficiency, the geographic scope of a site-specific response may be delineated according to a regular geometric pattern.

ATCP 31.07(4)(4) Site-specific responses; factors to be considered.

ATCP 31.07(4)(a)(a) In the department’s choice of a site-specific response, or in its adoption of substance-specific rules under s. ATCP 31.09 prescribing nondiscretionary site-specific responses, the department shall consider the general risks and benefits of the possible actions to the extent authorized by relevant law, and shall consider the following specific factors to the extent feasible:

ATCP 31.07(4)(a)6.6. Environmental conditions which may reasonably affect the risk of groundwater contamination, including soil conditions, depth to groundwater, and subsurface geological conditions. Differences in local environmental conditions may not be used to justify a difference in site-specific responses between localities unless the differences in environmental conditions are reasonably known to affect the relative risk of groundwater contamination between localities.