ATCP 29.54(17)(b)1. 1. Warning signs shall be posted before chemigation begins, and shall remain posted until chemigation is completed and treated surfaces have dried. All warning signs shall be intact and fully legible throughout the required posting period. Warning signs may remain posted indefinitely if they are intact and fully legible during all required posting periods.

ATCP 29.54(17)(b)2. 2. Warning signs shall be posted at regular intervals along the border between the application site and any road or area identified under par. (a), and at normal points of access to the application site. At least one warning sign shall be posted for each 1/4 mile of border. At least one warning sign shall be posted at each application site identified under par. (a).

ATCP 29.54(17)(b)3. 3. The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix E. A warning sign may contain supplementary information, beyond that shown in ch. ATCP 29 Appendix E, if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix E.

ATCP 29.54(18) (18) Alternative chemigation system.

ATCP 29.54(18)(a) (a) The department may issue a permit authorizing an alternative chemigation system that does not comply with this section if the alternative chemigation system provides equal or greater protection to the waters of the state, and complies with other applicable state and federal laws.

ATCP 29.54(18)(b) (b) A person applying for a permit under par. (a) shall apply in writing, and shall include all relevant information and design specifications required by the department. The department shall grant or deny a permit within 45 days after receiving a complete application.

ATCP 29.54 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; correction in (7) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; CR 12-003: r. and recr. (1) (a), cr. (1) (am), (gm), (km), r. (1) (e) 2., cr. (5) (e) to (g), am. (7) (a) 1., (10), (12), (13) Register May 2013 No. 689, eff. 6-1-13; correction in (17) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 14-047: am. (1) (e) 4. Register May 2015 No. 713, eff. 6-1-15.

ATCP 29.55 ATCP 29.55 Commercial applications to residential structures.

ATCP 29.55(1) (1) Definitions. In this section:

ATCP 29.55(1)(a) (a) “Common area” means an area in a residential structure that is accessible to residents but is not part of any individual dwelling unit.

ATCP 29.55(1)(b) (b) “Dwelling unit” means that portion of a residential structure that is used, or designed for use, as a residence by a household.

ATCP 29.55(1)(c) (c) “Resident” means any person residing in a residential structure.

ATCP 29.55(1)(d) (d) “Residential application” means the application of a pesticide, other than a germicide, sanitizer, or disinfectant, to a residential structure. “Residential application” includes perimeter barrier applications, but does not include an individual’s application of a pesticide to a dwelling unit in which that individual resides, provided that the individual does not apply the pesticide to other dwelling units or common areas in the residential structure, or its perimeter barrier.

ATCP 29.55(1)(e) (e) “Residential structure” means a structure used wholly or in part as a human residence, and includes all facilities and furnishings pertaining to that structure. Residential structure includes a residential structure occupied on a rental basis, and also includes a mobile home. Residential structure does not include any of the following:

ATCP 29.55(1)(e)1. 1. A hotel, motel, or similar premises occupied on a transient basis.

ATCP 29.55(1)(e)2. 2. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.

ATCP 29.55(1)(e)3. 3. A prison, jail, or other place of detention.

ATCP 29.55(1)(f) (f) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

ATCP 29.55(2) (2) Information to customer. A person hired by a customer to make a residential application shall provide that customer with all of the following:

ATCP 29.55(2)(a) (a) A written notice offering to provide pre-application information under par. (b). The written notice may be provided electronically to the customer if the customer consents in writing to such notification. The person shall make the offer before making the first residential application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.

ATCP 29.55 Note Note: See ch. ATCP 29 Appendix A for an example of a written offer of information under par. (a). Nothing in this section authorizes a commercial applicator to make a residential application which the customer has not affirmatively authorized.

ATCP 29.55(2)(b) (b) The following pre-application information, in writing, if requested by the customer:

ATCP 29.55(2)(b)1. 1. The brand name, product name, or common chemical name of each pesticide that may be applied.

ATCP 29.55(2)(b)2. 2. A copy of the pesticide label for each pesticide that may be applied.

ATCP 29.55(2)(b)3. 3. The date on which the pesticide application will be made. The date may be communicated orally, rather than in writing, if the requester agrees to oral notification.

ATCP 29.55(2)(b)4. 4. The name, business address, and telephone number of a person who can provide further information about the pesticide application.

ATCP 29.55(2)(c) (c) The information required under s. ATCP 29.22. This information shall be provided within the time period specified under s. ATCP 29.22.

ATCP 29.55(3) (3) Notice to residents.

ATCP 29.55(3)(a) (a) A person making a residential application shall provide the following information in writing to residents at the time of the application: