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 NoteWeb: http://datcp.wi.gov
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 29.46Mixing 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.
ATCP 29.46(2)(c)(c) Applying a pesticide by means of chemigation that complies with s. ATCP 29.54.
ATCP 29.46(2)(d)(d) Filling a water supply tank from surface waters if the water supply tank is used only to carry water. If the vehicle carrying the water supply tank also carries a pesticide container, the pesticide container must remain at least 8 feet from the surface water while the water supply tank is being filled.
ATCP 29.46(2)(e)(e) Making an aquatic pesticide application according to ch. NR 107, or filling a water supply tank from surface waters for that application.
ATCP 29.46 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.
ATCP 29.47ATCP 29.47Disposal of pesticides and pesticide containers.
ATCP 29.47(1)(1)General. No person may dispose of any pesticide or pesticide container, or hold any pesticide or pesticide container for disposal, in a manner that is inconsistent with label directions, that risks contaminating the waters of the state, or that creates a hazard to persons, property, or the environment.
ATCP 29.47(2)(2)Reuse prohibited. No person may reuse a pesticide container for any purpose. This subsection does not prohibit any of the following:
ATCP 29.47(2)(a)(a) Recycling a container for scrap in compliance with applicable law.
ATCP 29.47(2)(b)(b) Reusing, in compliance with label directions, a pesticide container that is designed to be reused.
ATCP 29.47(2)(c)(c) Returning a pesticide container to a pesticide manufacturer or seller who has agreed to receive that container.
ATCP 29.47(2)(d)(d) Temporarily reusing a pesticide container to hold the same pesticide recovered from a leaking or damaged pesticide container.