Ch. ATCP 31 Note(b) The points of standards application at which concentrations of a fertilizer substance or pesticide substance in groundwater may be measured to determine whether an enforcement standard or preventive action limit has been attained or exceeded. These points of standards application are defined, pursuant to s. 160.21 (2), Stats., for activities subject to department regulation. Ch. ATCP 31 Note(c) The preliminary investigative steps to be taken by the department upon receipt of groundwater sample test results which indicate the presence of a fertilizer substance or pesticide substance in Wisconsin groundwater.
Ch. ATCP 31 Note(d) The enforcement options which are available to the department if the department finds, upon investigation, that the presence of a fertilizer substance or pesticide substance in groundwater has resulted from a violation of an existing statute, rule or order administered by the department under s. 94.645, Stats., or ss. 94.67 through 94.71, Stats. Ch. ATCP 31 Note(e) The site-specific regulatory options which are available to the department under s. 94.645, Stats., or ss. 94.67 through 94.71, Stats., if, at a point of standards application, the concentration of a fertilizer substance or pesticide substance is found to attain or exceed an enforcement standard or preventive action limit. Ch. ATCP 31 Note(f) The general criteria to be considered by the department in its choice of a site-specific regulatory response, or in the adoption of rules which require non-discretionary site-specific responses under specific conditions.
Ch. ATCP 31 Note(g) Requirements and limitations governing the prohibition of pesticide uses, whether by site-specific regulatory responses or by rule.
Ch. ATCP 31 Note(h) A commitment to adopt substance-specific rules, as appropriate under ss. 94.69, 160.19 and 160.21, Stats., for each pesticide substance for which an enforcement standard and preventive action limit are adopted by the department of natural resources. Rules may include preventive measures designed to minimize the presence of pesticide substances in groundwater statewide. Rules may also include requirements for the implementation of site-specific regulatory responses under specified conditions. Ch. ATCP 31 Note(3) This chapter does not limit the department’s rulemaking authority under ss. 94.645, 94.69, 160.19, or 160.21, Stats. In the exercise of its rulemaking authority, the department may consider any information which may be relevant to the rulemaking proceeding, whether or not the information is derived from Wisconsin groundwater samples. The finding of a fertilizer or pesticide substance in groundwater, at a level which equals or exceeds an enforcement standard or preventive action limit, is not a prerequisite to the exercise of the department’s rulemaking authority under ss. 94.645, 94.69, 160.19, or 160.21, Stats. Ch. ATCP 31 Note(4) This chapter does not limit the department in the exercise of any of its statutory authority, where the department determines that the exercise of its authority is necessary to comply with a statutory mandate, or to safeguard the public health, safety or welfare.
Ch. ATCP 31 Note(5) General rules governing pesticide use and control are contained in ch. ATCP 29. Rules adopted under s. 94.645, Stats., to regulate fertilizer and pesticide bulk storage are contained in ch. ATCP 33. ATCP 31.01ATCP 31.01 Definitions. As used in this chapter: ATCP 31.01(1)(1) “Activity subject to department regulation” means: ATCP 31.01(1)(a)(a) The bulk storage of fertilizer or pesticides, to the extent that the bulk storage is subject to possible regulation by the department under s. 94.645, Stats. ATCP 31.01(1)(b)(b) Pesticide use, to the extent that the pesticide use is subject to possible regulation by the department under ss. 94.67 through 94.71, Stats. ATCP 31.01(2)(2) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection. ATCP 31.01(3)(3) “Enforcement standard” means a numerical value expressing the concentration of a substance in groundwater which is adopted under ss. 160.07 and 160.09, Stats. ATCP 31.01(4)(4) “Fertilizer” means a fertilizer as defined in s. 94.64 (1) (e), Stats., except that it does not include anhydrous ammonia. ATCP 31.01(5)(5) “Fertilizer substance” means either of the following for which an enforcement standard or preventive action limit has been adopted by the department of natural resources: ATCP 31.01(6)(6) “Groundwater” means any of the waters of the state, as defined in s. 280.01 (2), Stats., occurring in a saturated sub-surface geological formation of rock or soil. ATCP 31.01(7)(7) “Official groundwater sample” means a groundwater sample from which an official groundwater test result is obtained. ATCP 31.01(8)(8) “Official groundwater test result” means a groundwater test result which is: ATCP 31.01(8)(a)(a) Obtained by department analysis of a groundwater sample collected by the department or its agent; or ATCP 31.01(9)(9) “Nonpotable water supply” means an excavation or opening into the ground made by digging, boring, drilling, driving or other methods for the purpose of obtaining groundwater for a use other than human consumption or preparation of food products. ATCP 31.01(11)(11) “Pesticide substance” means any of the following for which an enforcement standard or preventive action limit has been adopted by the department of natural resources: