ATCP 30.24(9)(9)Distributors and retail dealers of aldicarb; recordkeeping and reporting requirements. Distributors and retail dealers shall keep records of aldicarb distributions and sales, specifying the amount of aldicarb product included in each sale or distribution, and the name and address of the purchaser or recipient. During each week in which aldicarb sales or distributions are made by a distributor or dealer, the distributor or dealer shall file a written report with the department, specifying the amount of aldicarb product sold or distributed during that week to each purchaser or recipient, and the name and address of each purchaser or recipient. Reports may be in the form of actual invoice copies or written sales or distribution summaries.
ATCP 30.24(10)(10)Notice of contamination findings.
ATCP 30.24(10)(a)(a) Whenever the department receives a reliable groundwater test result which indicates that aldicarb residues are present in groundwater at a concentration of one part per billion or more, the department shall give written notice of the groundwater test result to:
ATCP 30.24(10)(a)1.1. The Wisconsin department of natural resources and the Wisconsin department of health services.
ATCP 30.24(10)(a)2.2. The county health department or county nurse, and the county extension agent for the county in which the groundwater sample was drawn.
ATCP 30.24(10)(a)3.3. All persons who have filed reports of intended application for aldicarb applications to be made in township quarter-quarter sections located wholly or in part within one mile of the sample point.
ATCP 30.24(10)(b)(b) Notice under par. (a) shall specify the township and quarter-quarter section in which the groundwater sample was taken, if known, and the concentration of aldicarb residues found in the sample. Notice shall include such explanations and precautionary statements as may be considered appropriate by the department.
ATCP 30.24(11)(11)Greenhouse and research applications; exemption. This section does not apply to greenhouse applications of aldicarb or to research applications made pursuant to an experimental use permit issued by the department.
ATCP 30.24(12)(12)Compliance with preventive action limit not necessarily maintained; required disclosure by department. Based on information available to the department, it appears that aldicarb applications to susceptible application sites will result in groundwater contamination exceeding the preventive action limit for aldicarb at points of standards application downgradient from the application sites. Aldicarb applications to many of these sites will be subject to prohibition under sub. (5). In addition, sub. (2) continues current management practice requirements, and sub. (6) creates groundwater monitoring requirements. These combined requirements are designed to limit aldicarb contamination and detect any contamination which may occur. However, these requirements may not be adequate to assure compliance with the preventive action limit for aldicarb in all cases. If the enforcement standard for aldicarb is unexpectedly exceeded at an individual site, future applications at that site will be subject to prohibition under ch. 160, Stats., ch. ATCP 31, and other applicable rules of the department.
ATCP 30.24 NoteNote: This notice is given pursuant to the requirements of s. 160.19 (2) (b), Stats. It is intended solely as a disclosure statement, and does not affect or alter any other provision of this section.
ATCP 30.24 HistoryHistory: Emerg. cr. eff. 3-15-82; cr. Register, March, 1983, No. 327, eff. 4-1-83; emerg. r. eff. 3-3-86; r. and recr. Register, March, 1988, No. 387, eff. 4-1-88; am. (2) (b) 1. and 2. and (11), r. (3) (b), Register, April, 1990, No. 412, eff. 5-1-90; renum. from ATCP 29.17 and am. (12), Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (d), (5) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; r. and recr. (5) (b) and (c), cr. (5) (d), Register, March, 2000, No. 531, eff. 4-1-00; correction in (10) (a) 1. made under s. 13.93 (2m) (b) 6., Stats., Register April 2004 No. 580; correction in (10) (a) 1. made under s. 13.92 (4) (b) 6., Stats., Register April 2009 No. 640; CR 14-047: am. (2) (a) Register May 2015 No. 713, eff. 6-1-15; correction in (3) (a) 4. under s. 35.17, Stats., correction in (4) under s. 13.92 (4) (b) 6., Stats. Register May 2015 No. 713; CR 16-012: am. (8) (b) 1. Register August 2016 No. 728, eff. 9-1-16.
subch. VIII of ch. ATCP 30Subchapter VIII — Atrazine Pesticides
ATCP 30.30ATCP 30.30Definitions. The definitions in s. 94.67, Stats., apply to this chapter, as do the following definitions:
ATCP 30.30(1)(1) “Atrazine” or “atrazine active ingredient” means the pesticide chemical 2-chloro-4-ethylamino-6-isopropylamino-1,3,5 triazine.
ATCP 30.30(2)(2) “Atrazine product” means any pesticide containing the active ingredient atrazine as identified on the EPA registered label, either alone, or in combination with other pesticides.
ATCP 30.30(3)(3) “Atrazine management area” means a designated area within the state of Wisconsin in which specific restrictions on atrazine use are created under s. ATCP 30.34.
ATCP 30.30(4)(4) “Board” means the board of agriculture, trade and consumer protection.
ATCP 30.30(5)(5) “Coarse soil” means a surface soil containing soil texture classes sand, loamy sand or sandy loam.
ATCP 30.30(6)(6) “Department” means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 30.30(7)(7) “Enforcement standard” has the meaning specified in s. 160.01 (2), Stats.
ATCP 30.30(8)(8) “Field moisture capacity” means the amount of water that can be held by soil, in the root zone of the crop being grown, against the force of gravity.
ATCP 30.30(9)(9) “Flood plain” means a nearly level alluvial plain bordering a river and subject to flooding unless protected artificially.
ATCP 30.30(10)(10) “Groundwater” has the meaning specified in s. ATCP 31.01 (6).
ATCP 30.30(11)(11) “Irrigation” has the meaning specified in s. ATCP 29.01 (22).
ATCP 30.30(12)(12) “Lower Wisconsin river valley” means the river terraces and flood plain on either side of the Wisconsin river, downstream of the state highway 60 bridge at Prairie du Sac, and upstream of the confluence of the Wisconsin and Mississippi rivers.
ATCP 30.30(13)(13) “Mixer-loader” means a person who mixes pesticide in or transfers pesticide into nurse tanks or application equipment.
ATCP 30.30(14)(14) “Official groundwater sample” has the meaning specified in s. ATCP 31.01 (7).
ATCP 30.30(15)(15) “Official groundwater test result” has the meaning specified in s. ATCP 31.01 (8).
ATCP 30.30(16)(16) “Preventive action limit” has the meaning specified in s. 160.01 (6), Stats.