ATCP 29.46(1)(c) (c) Clean or fill any pesticide application equipment, mix tank, or nurse tank near the surface waters of the state, or near any well site, if pesticide spillage or overflow may contaminate waters of the state.

ATCP 29.46(2) (2) Exemptions. Subsection (1) does not prohibit any of the following:

ATCP 29.46(2)(a) (a) Filling pesticide application equipment, or a mix or nurse tank, from a well or discharge outlet that is fully protected against backflow and backsiphonage under s. SPS 382.41. The air gap from the supply outlet to the equipment being filled shall be at least twice the effective opening of the supply outlet, but not less than one inch.

ATCP 29.46(2)(b) (b) Filling or cleaning pesticide application equipment, or a mix or nurse tank, over a spill containment surface that complies with s. ATCP 29.45.

ATCP 29.46(2)(c) (c) Applying a pesticide by means of chemigation that complies with s. ATCP 29.54.

ATCP 29.46(2)(d) (d) Filling a water supply tank from surface waters if the water supply tank is used only to carry water. If the vehicle carrying the water supply tank also carries a pesticide container, the pesticide container must remain at least 8 feet from the surface water while the water supply tank is being filled.

ATCP 29.46(2)(e) (e) Making an aquatic pesticide application according to ch. NR 107, or filling a water supply tank from surface waters for that application.

ATCP 29.46 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.

ATCP 29.47 ATCP 29.47 Disposal of pesticides and pesticide containers.

ATCP 29.47(1) (1) General. No person may dispose of any pesticide or pesticide container, or hold any pesticide or pesticide container for disposal, in a manner that is inconsistent with label directions, that risks contaminating the waters of the state, or that creates a hazard to persons, property, or the environment.

ATCP 29.47(2) (2) Reuse prohibited. No person may reuse a pesticide container for any purpose. This subsection does not prohibit any of the following:

ATCP 29.47(2)(a) (a) Recycling a container for scrap in compliance with applicable law.

ATCP 29.47(2)(b) (b) Reusing, in compliance with label directions, a pesticide container that is designed to be reused.

ATCP 29.47(2)(c) (c) Returning a pesticide container to a pesticide manufacturer or seller who has agreed to receive that container.

ATCP 29.47(2)(d) (d) Temporarily reusing a pesticide container to hold the same pesticide recovered from a leaking or damaged pesticide container.

ATCP 29.47 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.48 ATCP 29.48 Pesticide spills.

ATCP 29.48(1) (1) Cleanup. In order to minimize hazards to persons, property and the environment, a person who spills a pesticide shall immediately take appropriate measures to contain the spill, recover the spilled pesticide, and clean surfaces exposed to the spilled pesticide.

ATCP 29.48(2) (2) Reporting. A person who spills a pesticide shall immediately notify the department of natural resources as required by s. 292.11, Stats.

ATCP 29.48 Note Note: The spill hotline for the department of natural resources is 1-800-943-0003. Ch. NR 706 specifies reportable spill amounts for all agricultural chemicals including pesticides. The department of agriculture, trade and consumer protection administers an agricultural chemical cleanup program under s. 94.73, Stats., and ch. ATCP 35, and can reimburse certain cleanup costs. You may contact the department’s spill response coordinator by calling 608-224-4500.

ATCP 29.48(3) (3) Storing spilled pesticide and rinsate. No spilled pesticides or spilled materials containing pesticides may be stored below ground level.

ATCP 29.48 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) Register May 2013 No. 689, eff. 6-1-13.

subch. IX of ch. ATCP 29 Subchapter IX — Pesticide Use

ATCP 29.50 ATCP 29.50 Pesticide use; general.

ATCP 29.50(1) (1) Negligent use. No person may do any of the following:

ATCP 29.50(1)(a) (a) Use or direct the use of a pesticide in a negligent manner, or in a manner inconsistent with the pesticide label.

ATCP 29.50(1)(b) (b) Use or direct the use of a pesticide for a purpose for which the pesticide is not registered or labeled under subch. II.

ATCP 29.50(2) (2) Overspray and drift.

ATCP 29.50(2)(a) (a) No person may use or direct the use of a pesticide in a manner that results in pesticide overspray or significant pesticide drift. This paragraph does not apply to mosquito control applications, made by, or under the direction of, a governmental entity for public health purposes, that use proper mosquito control application methods.