ATCP 30.31(5)(a)9.9. A map of the field as required under s. ATCP 30.32 if the field is subdivided into smaller application sites and different amounts of atrazine product are applied to the different sites.

ATCP 30.31(5)(b)(b) Every record of an atrazine product application under par. (a) shall be retained for 3 years after the application date. The record shall, at the request of the department, be made available for inspection and copying by the department.

ATCP 30.31 HistoryHistory: Cr. Register, March, 1991, No. 423, eff. 4-1-91; am. (3) (a), Register, March, 1994, No. 459, eff. 4-1-94; correction in (5) (a) 9. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1994, No. 459; renum. from ATCP 30.05, Register, May, 1998, No. 509, eff. 6-1-98; correction in (3) (a) and (5) (b) 9. made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1998, No. 509; CR 03-076: am. (2) Register April 2004 No. 580, eff. 5-1-04; CR 14-047: am. (3) (b) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) Register August 2016 No. 728, eff. 9-1-16.

ATCP 30.32ATCP 30.32 Maximum application rates. Except where further restricted under ss. ATCP 30.34 to 30.38, the amount of atrazine active ingredient applied to any application site during any calendar year may not exceed the maximum amount specified for that site under this section.

ATCP 30.32(1)(1) Except as provided under sub. (3) or (4), if at least one-fourth of the surface soil at the application site is a coarse soil, the maximum amount is 0.75 lb. per acre per calendar year.

ATCP 30.32(2)(2) Except as provided under sub. (3) or (4), if less than one-fourth of the surface soil at the application site is a coarse soil, the maximum amount is 1.0 lb. per acre per calendar year.

ATCP 30.32 NoteNote: The following table summarizes subs. (1) and (2). See ss. ATCP 30.34 to 30.38 for additional local restrictions.

ATCP 30.32(3)(3) If a rescue treatment is needed for a field of seed corn or sweet corn, the total amount of atrazine applied to that field in that calendar year may not exceed the following applicable amounts:

ATCP 30.32(4)(4) An additional 0.5 lb. of atrazine active ingredient may be added to the maximum annual rate under sub. (2) if no atrazine product was applied to the application site during the previous calendar year.

ATCP 30.32 HistoryHistory: Cr. Register, March, 1991, No. 423, eff. 4-1-91; am. (intro.), (1) and (2), r. and recr. (3), r. (3) Table 1, Register, March, 1993, No. 447, eff. 4-1-93; renum. from ATCP 30.10, Register, May, 1998, No. 509, eff. 6-1-98; CR 08-075: am. (3) (intro.), (1), (2), (3) (a) and (b), cr. (4) Register April 2009 No. 640, eff. 5-1-09.

ATCP 30.33(1)(1) Annual report. The department shall provide the board with an annual report which includes state groundwater test results under sub. (2) and the department’s recommendations under sub. (3). If the department recommends that the use of atrazine be further restricted or prohibited, the department shall submit draft rules to implement its recommendations, according to sub. (4).

ATCP 30.33(2)(2) Groundwater test results. The annual report under sub. (1) shall indicate the results of statewide groundwater tests for atrazine and its metabolites. The report shall indicate all groundwater test results that equal or exceed the preventive action limit for atrazine, and all results that equal or exceed the enforcement standard for atrazine. The report shall also discuss the results of the department’s investigations related to atrazine in groundwater, significant trends or developments related to atrazine in groundwater, and other information which the department considers relevant to the regulation of atrazine.

ATCP 30.33(3)(3) Recommendations. Based on groundwater test results and other relevant information, the department shall annually evaluate its restrictions on the use of atrazine. As part of its annual report under sub. (1), the department shall recommend further restrictions on atrazine use which the department considers necessary, pursuant to ch. ATCP 31 and this chapter. This may include recommendations for any of the following:

ATCP 30.33(4)(4) Rules. If the department recommends further restrictions on the use of atrazine under sub. (3), the department shall submit proposed hearing draft rules to implement its recommendations. If the board declines to adopt final draft rules, or approves final draft rules that differ from the department’s hearing draft rules, the department shall identify each rule modification to the legislature, as part of the department’s report under s. 227.19 (2), Stats. Except in an emergency, the department shall transmit its final draft rules for legislative committee review under s. 227.19, Stats., by January 1 of each year.

ATCP 30.33 HistoryHistory: Cr. Register, March, 1993, No. 447, eff. 4-1-93; renum. from ATCP 30.11, Register, May, 1998, No. 509, eff. 6-1-98; correction in (3) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1998, No. 509; CR 10-122: am. (3) (c) Register July 2011 No. 667, eff. 8-1-11.

ATCP 30.34(1)(1) Authority. In addition to any other restrictions under this chapter or ch. ATCP 31, the department may, by rule, restrict the use of atrazine product in atrazine management areas designated according to this section.

ATCP 30.34(2)(2) Criteria. The department shall create an atrazine management area whenever it determines that supplementary atrazine use restrictions are appropriate in that area to prevent or minimize atrazine contamination of groundwater. The department may consider the following factors, among others, in determining whether to create atrazine management areas:

ATCP 30.34(2)(a)(a) The frequency of atrazine detections in reliable groundwater test samples taken from a geographically proximate area.

ATCP 30.34(2)(b)(b) The frequency of atrazine detections over the preventive action limit or over the enforcement standard in reliable groundwater samples taken from a geographically proximate area.