ATCP 30.24(7)(a)(a) How and to whom issued. A summary special order under sub. (5) or (6) shall be issued to each person identified in the corresponding report of intended application. A summary special order shall be signed by the division administrator or the administrator’s designee, and be served in person or by certified mail, return receipt requested. ATCP 30.24(7)(b)(b) Coverage; effective date and duration. A summary special order under sub. (5) or (6) shall prohibit all proposed applications of aldicarb to the site or sites described in the order, except as specifically provided under sub. (6). A summary special order under sub. (5) or (6) becomes effective on the date of service. ATCP 30.24 NoteNote: A “proposed application” means an application described in a report of intended application under sub. (3).
ATCP 30.24(7)(c)(c) Timely response to notice of intended application. A summary special order, if issued under sub. (5) or (6), shall be issued within 30 days after a report of intended application is filed with the department. This subsection does not prohibit the department from issuing a summary special order under sub. (5) at a later date, based on new information received more than 30 days after the date on which the report of intended application was received by the department. ATCP 30.24(7)(d)(d) Right of hearing. Summary special orders are subject to a subsequent right of hearing before the department upon request, as provided in s. 94.71 (3) (c), Stats. Hearings shall be limited to the issue of whether the department has correctly interpreted and applied this section. ATCP 30.24(7)(e)(e) Violations prohibited. No person may apply aldicarb in violation of a special order issued by the department under this section. No person may violate the terms and conditions of a monitoring agreement under sub. (6). ATCP 30.24(8)(a)(a) General. A proposed application site is subject to prohibition, for purposes of sub. (5), if the proposed application site is located wholly or in part within a prohibition area under this subsection. ATCP 30.24(8)(b)1.1. A prohibition area is created to include every township quarter-quarter section lying wholly or in part within one mile of a point of standards application at which aldicarb residues have been detected in groundwater at a concentration of 10 ppb or more, based on a reliable groundwater test result received by the division. The prohibition area is created on the date when the groundwater test result is received by the division. The one mile radius from the point of standards application shall be calculated from the center point of the township quarter-quarter section in which the actual point of standards application is located. ATCP 30.24(8)(b)2.2. If any prohibition area is contiguous with or overlaps 2 or more other prohibition areas, there is created a new prohibition area which includes each quarter-quarter section any part of which lies within a 2-mile radius of each point of standards application used in determining the need for the contiguous or overlapping prohibition areas. ATCP 30.24(9)(9) Distributors and retail dealers of aldicarb; recordkeeping and reporting requirements. Distributors and retail dealers shall keep records of aldicarb distributions and sales, specifying the amount of aldicarb product included in each sale or distribution, and the name and address of the purchaser or recipient. During each week in which aldicarb sales or distributions are made by a distributor or dealer, the distributor or dealer shall file a written report with the department, specifying the amount of aldicarb product sold or distributed during that week to each purchaser or recipient, and the name and address of each purchaser or recipient. Reports may be in the form of actual invoice copies or written sales or distribution summaries. ATCP 30.24(10)(a)(a) Whenever the department receives a reliable groundwater test result which indicates that aldicarb residues are present in groundwater at a concentration of one part per billion or more, the department shall give written notice of the groundwater test result to: ATCP 30.24(10)(a)1.1. The Wisconsin department of natural resources and the Wisconsin department of health services. ATCP 30.24(10)(a)2.2. The county health department or county nurse, and the county extension agent for the county in which the groundwater sample was drawn. ATCP 30.24(10)(a)3.3. All persons who have filed reports of intended application for aldicarb applications to be made in township quarter-quarter sections located wholly or in part within one mile of the sample point. ATCP 30.24(10)(b)(b) Notice under par. (a) shall specify the township and quarter-quarter section in which the groundwater sample was taken, if known, and the concentration of aldicarb residues found in the sample. Notice shall include such explanations and precautionary statements as may be considered appropriate by the department. ATCP 30.24(11)(11) Greenhouse and research applications; exemption. This section does not apply to greenhouse applications of aldicarb or to research applications made pursuant to an experimental use permit issued by the department. ATCP 30.24(12)(12) Compliance with preventive action limit not necessarily maintained; required disclosure by department. Based on information available to the department, it appears that aldicarb applications to susceptible application sites will result in groundwater contamination exceeding the preventive action limit for aldicarb at points of standards application downgradient from the application sites. Aldicarb applications to many of these sites will be subject to prohibition under sub. (5). In addition, sub. (2) continues current management practice requirements, and sub. (6) creates groundwater monitoring requirements. These combined requirements are designed to limit aldicarb contamination and detect any contamination which may occur. However, these requirements may not be adequate to assure compliance with the preventive action limit for aldicarb in all cases. If the enforcement standard for aldicarb is unexpectedly exceeded at an individual site, future applications at that site will be subject to prohibition under ch. 160, Stats., ch. ATCP 31, and other applicable rules of the department. ATCP 30.24 NoteNote: This notice is given pursuant to the requirements of s. 160.19 (2) (b), Stats. It is intended solely as a disclosure statement, and does not affect or alter any other provision of this section. ATCP 30.24 HistoryHistory: Emerg. cr. eff. 3-15-82; cr. Register, March, 1983, No. 327, eff. 4-1-83; emerg. r. eff. 3-3-86; r. and recr. Register, March, 1988, No. 387, eff. 4-1-88; am. (2) (b) 1. and 2. and (11), r. (3) (b), Register, April, 1990, No. 412, eff. 5-1-90; renum. from ATCP 29.17 and am. (12), Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (d), (5) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; r. and recr. (5) (b) and (c), cr. (5) (d), Register, March, 2000, No. 531, eff. 4-1-00; correction in (10) (a) 1. made under s. 13.93 (2m) (b) 6., Stats., Register April 2004 No. 580; correction in (10) (a) 1. made under s. 13.92 (4) (b) 6., Stats., Register April 2009 No. 640; CR 14-047: am. (2) (a) Register May 2015 No. 713, eff. 6-1-15; correction in (3) (a) 4. under s. 35.17, Stats., correction in (4) under s. 13.92 (4) (b) 6., Stats. Register May 2015 No. 713; CR 16-012: am. (8) (b) 1. Register August 2016 No. 728, eff. 9-1-16. ATCP 30.30ATCP 30.30 Definitions. The definitions in s. 94.67, Stats., apply to this chapter, as do the following definitions: ATCP 30.30(1)(1) “Atrazine” or “atrazine active ingredient” means the pesticide chemical 2-chloro-4-ethylamino-6-isopropylamino-1,3,5 triazine. ATCP 30.30(2)(2) “Atrazine product” means any pesticide containing the active ingredient atrazine as identified on the EPA registered label, either alone, or in combination with other pesticides. ATCP 30.30(3)(3) “Atrazine management area” means a designated area within the state of Wisconsin in which specific restrictions on atrazine use are created under s. ATCP 30.34. ATCP 30.30(4)(4) “Board” means the board of agriculture, trade and consumer protection.