ATCP 29.45(1)(1) Spill containment required. Except as provided under sub. (2), no person may mix or load a pesticide at any of the following sites unless the mixing or loading operation is conducted over a spill containment surface that complies with this section:

ATCP 29.45(1)(b)(b) A site, or a group of jointly owned or operated sites located within 1/2 mile of each other, at which a total of more than 1,500 pounds of dry or liquid pesticide active ingredients are mixed or loaded in any calendar year. Pesticide active ingredients under this paragraph include those contained in pesticide-fertilizer mixtures.

ATCP 29.45(2)(a)(a) Applying a pesticide to the waters of the state, according to ch. NR 107, in order to manage or control aquatic organisms.

ATCP 29.45(2)(b)(b) Mixing or loading a pesticide into application equipment having a total capacity of 5 gallons or less of liquid pesticide, or 50 pounds or less of nonliquid pesticide.

ATCP 29.45(2)(c)(c) Mixing or loading a pesticide at a site that is at or immediately adjacent to the pesticide application site and at least 100 feet from any well or surface water.

ATCP 29.45(3)(3) Spill containment surface; general. A spill containment surface under sub. (1) shall comply with all of the following:

ATCP 29.45(3)(a)(a) It shall be designed to catch and contain all reasonably foreseeable spills of pesticides mixed or loaded over that spill containment surface.

ATCP 29.45(3)(b)(b) It shall be liquid tight and made of portland cement concrete or other nonabsorbent materials. It shall be strong enough to withstand all foreseeable loading conditions, including the filled weight of all vehicles, application equipment, or other equipment that may be used or located on it. A tarpaulin may not be used as a spill containment surface for liquid pesticides.

ATCP 29.45 NoteNote: Spill containment surfaces constructed prior to June 1, 2013, may be made of asphalt or other materials approved by the department.

ATCP 29.45(3)(c)(c) It shall extend beneath the pesticide load-out conveyor, if any, unless the load-out conveyor is fully enclosed within a housing that is adequate to contain all spillage from the conveyor.

ATCP 29.45(3)(d)(d) A spill containment surface shall be inspected at least semi-annually and be maintained to ensure compliance with this section. All repairs to a spill containment surface shall be made according to good engineering practices and manufacturer specifications.

ATCP 29.45(3)(e)(e) A spill containment surface shall be removed if it cannot be maintained in compliance with this section for at least 2 years after the date of an initial repair or if corrective action is needed to remove environmental contamination beneath the spill containment surface.

ATCP 29.45(4)(a)(a) If any liquid pesticide is mixed or loaded over a spill containment surface under sub. (1), the surface shall meet all of the requirements under sub. (3) in addition to all of the following requirements:

ATCP 29.45(4)(a)1.1. The spill containment surface shall be liquid tight.

ATCP 29.45(4)(a)2.2. The spill containment surface shall have one or more fully functioning pumps that can be used to remove liquid from the surface of the mixing and loading pad. Each pump shall be plumbed or have a readily available hose connection to a storage container that shall be designed, constructed, inspected, and maintained to operate effectively and to prevent discharges under all reasonably foreseeable use conditions. The storage container shall at all times have an unused capacity of at least 200 gallons. The pump shall self-activate or shall be susceptible to immediate activation whenever needed.

ATCP 29.45(4)(a)3.3. If the spill containment surface drains to a sump area, the sump area shall meet all requirements set forth under sub. (5).

ATCP 29.45(4)(a)4.4. The spill containment surface shall be protected against precipitation runoff from surrounding surfaces.

ATCP 29.45(4)(a)5.5. The spill containment surface may not have any precipitation drain through which spilled pesticide could discharge.

ATCP 29.45(4)(c)(c) A pesticide mixed with a liquid carrier is considered a liquid pesticide under this subsection. The impregnation of a nonliquid fertilizer with a liquid pesticide does not constitute the mixing or loading of a liquid pesticide under this subsection.

ATCP 29.45(5)(5) Sump area. If the spill containment surface drains to a sump area, the sump area shall meet all of the following requirements:

ATCP 29.45(5)(a)(a) The sump area shall be designed, constructed, and maintained to contain all liquid that drains to the sump.