ATCP 29.45(4)(a)5.5. The spill containment surface may not have any precipitation drain through which spilled pesticide could discharge. ATCP 29.45(4)(b)(b) A tarpaulin may not be used as a spill containment surface for liquid pesticides. ATCP 29.45(4)(c)(c) A pesticide mixed with a liquid carrier is considered a liquid pesticide under this subsection. The impregnation of a nonliquid fertilizer with a liquid pesticide does not constitute the mixing or loading of a liquid pesticide under this subsection. ATCP 29.45(5)(5) Sump area. If the spill containment surface drains to a sump area, the sump area shall meet all of the following requirements: ATCP 29.45(5)(a)(a) The sump area shall be designed, constructed, and maintained to contain all liquid that drains to the sump. ATCP 29.45(5)(d)(d) The capacity of a sump installed after June 1, 2013, shall not be more than 50 gallons. ATCP 29.45(5)(e)(e) The sump area shall be routinely inspected and maintained in compliance with this section and shall make and keep records of inspection and maintenance for at least 3 years. ATCP 29.45(5)(f)(f) The sump area shall be repaired, when necessary, to good engineering practices and manufacturer specifications. ATCP 29.45(5)(g)(g) The sump area shall be removed if it cannot be maintained in compliance with this section, or if corrective action is needed to remove environmental contamination from beneath the sump area. A leaking sump area shall be removed unless the sump is repaired and remains liquid-tight for at least 2 years after the date of repair. ATCP 29.45 NoteNote: Construction standards for sumps at fertilizer and pesticide bulk storage facilities are found in s. ATCP 33.38. In addition, the Wisconsin minimum design standards for concrete agrichemical containment (February, 2005), written by Professor David W. Kammel, department of biological systems engineering, University of Wisconsin-Extension, is on file with the department and the legislative reference bureau. Copies are available from the department, free of charge, at the following address: ATCP 29.45 NoteDepartment of Agriculture, Trade and Consumer Protection
ATCP 29.45 NoteAgricultural Resource Management Division
ATCP 29.45 NoteP.O. Box 8911
ATCP 29.45 NoteMadison, WI 53708-8911
ATCP 29.45 NotePhone: (608) 224-4500
ATCP 29.45(6)(6) Recovery of discharges. Pesticides spilled or intentionally released onto a spill containment surface under sub. (1) shall be promptly recovered from the spill containment surface or from the catch basin to which it drains. ATCP 29.45 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) (b), cr. (3) (d), (e), r. and recr. (4) (a), (5) Register May 2013 No. 689, eff. 6-1-13. ATCP 29.46ATCP 29.46 Mixing or loading near surface waters. ATCP 29.46(1)(1) Prohibitions. Except as provided under sub. (2), no person may do any of the following: ATCP 29.46(1)(a)(a) Immerse any pesticide application equipment, mix tank, or nurse tank in the waters of the state. ATCP 29.46(1)(b)(b) Fill any pesticide application equipment, mix tank, or nurse tank from the waters of the state. ATCP 29.46(1)(c)(c) Clean or fill any pesticide application equipment, mix tank, or nurse tank near the surface waters of the state, or near any well site, if pesticide spillage or overflow may contaminate waters of the state. ATCP 29.46(2)(2) Exemptions. Subsection (1) does not prohibit any of the following: ATCP 29.46(2)(a)(a) Filling pesticide application equipment, or a mix or nurse tank, from a well or discharge outlet that is fully protected against backflow and backsiphonage under s. SPS 382.41. The air gap from the supply outlet to the equipment being filled shall be at least twice the effective opening of the supply outlet, but not less than one inch. ATCP 29.46(2)(b)(b) Filling or cleaning pesticide application equipment, or a mix or nurse tank, over a spill containment surface that complies with s. ATCP 29.45.