ATCP 29.70(2) (2) Permit application. An application for an emergency use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

ATCP 29.70(2)(a) (a) The complete name and address of the applicant, including the complete name and address of the pesticide applicator if different from the applicant.

ATCP 29.70(2)(b) (b) A detailed description of the nature and scope of the emergency warranting the pesticide use, including information on the target pest.

ATCP 29.70(2)(c) (c) A description of the purpose for which the pesticide will be used.

ATCP 29.70(2)(d) (d) A detailed description of the potential benefits, adverse effects, and hazards which may result from the use of the pesticide.

ATCP 29.70(2)(e) (e) A description and analysis of feasible alternative pesticides and control measures that could be utilized to control the pest.

ATCP 29.70(2)(f) (f) The composition and formulation of the pesticide.

ATCP 29.70(2)(g) (g) The source from which the pesticide is to be purchased or shipped.

ATCP 29.70(2)(h) (h) The amount of pesticide to be used.

ATCP 29.70(2)(i) (i) The site of the pesticide application.

ATCP 29.70(2)(j) (j) The method of pesticide application and any special precautions that will be taken in the use and disposal of the pesticide.

ATCP 29.70(2)(k) (k) Any additional information required by the department.

ATCP 29.70 Note Note: The use of certain pesticides, such as use of atrazine in an atrazine prohibition area, may require a permit under ch. ATCP 30.

ATCP 29.70(3) (3) Action on permit application. The department shall grant or deny a permit application under sub. (2) within 20 business days after the department receives a complete application.

ATCP 29.70(4) (4) Issuing a permit. The department may issue an emergency use permit under sub. (1), based on a complete application under sub. (2), if the department finds all of the following:

ATCP 29.70(4)(a) (a) The emergency use is necessary to prevent a serious risk to persons, property, or the environment.

ATCP 29.70(4)(b) (b) The benefits from the proposed emergency use outweigh the potential risks which that use may pose to persons, property, and the environment.

ATCP 29.70(4)(c) (c) There are no effective alternative control measures.

ATCP 29.70 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 29.70(6) (6) Permit conditions.

ATCP 29.70(6)(a) (a) The department may impose conditions on an emergency use permit to protect persons, property, and the environment. These may include any of the following:

ATCP 29.70(6)(a)1. 1. Time limits.

ATCP 29.70(6)(a)2. 2. Conditions related to the amount of pesticide used, the location and size of the application site, the method of application, and the disposal of pesticide containers and unused pesticides.

ATCP 29.70(6)(a)3. 3. Conditions related to the training and qualifications of persons applying the pesticide.

ATCP 29.70(6)(a)4. 4. Other conditions which the department considers appropriate.

ATCP 29.70(7) (7) Suspending or revoking a permit. The department may summarily suspend or revoke an emergency use permit if the department finds any of the following:

ATCP 29.70(7)(a) (a) Information contained in the permit application is false or misleading.

ATCP 29.70(7)(b) (b) Permit conditions or limitations have been violated.

ATCP 29.70(7)(c) (c) The pesticide use poses an unreasonable risk to persons, property, or the environment.