ATCP 30.19(2) (2) Emergency use permit. The department may issue a permit, under s. 94.708 (4), Stats., authorizing the emergency use of a pesticide other than naphthalene on a bat colony if a rabies outbreak or other condition in that bat colony threatens the health or welfare of any person. The department shall issue the emergency use permits according to the procedure specified under s. ATCP 29.70. The department may not issue a permit based solely on a finding of a single rabid bat.

ATCP 30.19 Note Note: See s. 94.708, Stats., which also restricts the advertising and promotion of pesticides to control bats.

ATCP 30.19 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

subch. VI of ch. ATCP 30 Subchapter VI — Chloropicrin and Metam Sodium Pesticides

ATCP 30.22 ATCP 30.22 Metam sodium and chloropicrin pesticides; use restrictions.

ATCP 30.22(1) (1) Definitions. In this section:

ATCP 30.22(1)(a) (a) “Chemigation” has the meaning given in s. ATCP 29.54 (1) (d).

ATCP 30.22(1)(am) (am) “Chloropicrin pesticide” means any soil fumigant or other pesticide containing chloropicrin.

ATCP 30.22(1)(b) (b) “Metam sodium” means Sodium N-Methyldithiocarbamate, also referred to as metham sodium.

ATCP 30.22(1)(c) (c) “Metam sodium pesticide” means any soil fumigant or other pesticide containing metam sodium.

ATCP 30.22(1)(d) (d) “Public building” has the meaning given under s. 101.01 (12), Stats., but does not include a residential structure.

ATCP 30.22(1)(e) (e) “Residential structure” means a structure which is used wholly or in part as a human residence, and includes all lawns, grounds, facilities, and furnishings pertaining to that structure. “Residential structure” includes all of the following:

ATCP 30.22(1)(e)1. 1. A residential structure occupied on a rental basis.

ATCP 30.22(1)(e)2. 2. A mobile home and the site on which it is located.

ATCP 30.22(1)(e)3. 3. A hotel, motel, or similar premises occupied on a transient basis.

ATCP 30.22(1)(e)4. 4. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services.

ATCP 30.22(1)(e)5. 5. A prison, jail, or other place of detention.

ATCP 30.22(1)(f) (f) “Tarped application” means an application to a site that is required to be covered with a tarp or other impermeable barrier, as provided in sub. (4).

ATCP 30.22(1)(g) (g) “Untarped application” means an application other than a tarped application.

ATCP 30.22(2) (2) Applicator certification.

ATCP 30.22(2)(a) (a) No individual may apply a metam sodium pesticide unless that individual is one of the following:

ATCP 30.22(2)(a)1. 1. Licensed and certified as a commercial applicator under ss. ATCP 29.25 and 29.26. The individual shall be certified as a commercial applicator in the appropriate use category or categories under s. ATCP 29.31.

ATCP 30.22(2)(a)2. 2. Certified to make that application as a private applicator under s. ATCP 29.27.

ATCP 30.22(2)(b) (b) No individual may apply a metam sodium pesticide by means of chemigation unless that individual is certified under s. ATCP 29.29 (2).

ATCP 30.22(2)(c) (c) No individual may apply a metam sodium pesticide by means of soil fumigation unless that individual is certified under s. ATCP 29.29 (3) or (4).

ATCP 30.22(3) (3) Agricultural application sites.

ATCP 30.22(3)(a) (a) Tarped applications. No person may make a tarped application of a chloropicrin pesticide or a metam sodium pesticide for any agricultural purpose within 1/8 mile of any of the following:

ATCP 30.22(3)(a)1. 1. A hospital, nursing home, jail, or prison.

ATCP 30.22(3)(a)2. 2. A school that will be in session during the application or within 48 hours after the application is completed.