ATCP 29.52 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.53 ATCP 29.53 Aerial applications.

ATCP 29.53(1) (1) Aircraft. Aircraft used to apply pesticides shall comply with, and be operated according to, applicable regulations of the federal aviation administration and the Wisconsin department of transportation.

ATCP 29.53 Note Note: See certification requirements for aerial applicators under ss. ATCP 29.26, 29.27 and 29.29.

ATCP 29.53(2) (2) Prior notice of application.

ATCP 29.53(2)(a) (a) At least 24 hours before an aerial pesticide application occurs, the person who owns or controls the application site shall notify each adjacent resident from whom that person has received a written request under par. (b) during the same calendar year. Notice is not required if the application site is more than 1/4 mile from the adjacent parcel on which the requester resides.

ATCP 29.53(2)(b) (b) An individual residing on a parcel of land may request advance notice of aerial pesticide applications to any immediately adjacent parcel. Parcels are immediately adjacent if they are directly contiguous, are separated only by a road, railway, or utility right-of-way, or are separated only by a government-owned land corridor or waterway having a width of not more than 66 feet.

ATCP 29.53(2)(c) (c) A request under par. (b) shall be made in writing to the person who owns or controls the application site. The request shall include the requester’s name, mailing address, property location, and telephone number if any. If residents of a migrant labor camp as defined under s. 103.90 (3), Stats., are entitled to request notice under par. (b), the camp operator shall annually request notice on their behalf and shall promptly communicate to them any notice received.

ATCP 29.53(2)(d) (d) A notice under par. (a) may be written or oral. The notice shall include the intended date and time of application, the brand or common name of the pesticide to be applied, and the location of the application site. If the application date changes after the notice is issued, the person who owns or controls the application site shall issue a corrected notice as soon as reasonably possible before the application occurs.

ATCP 29.53(2)(e) (e) Paragraph (a) does not apply to an emergency aerial application needed to control a sudden pest outbreak if, because of the emergency circumstances, there is inadequate time for notice under par. (a). The person who owns or controls the application site shall give notice under par. (a) as soon as reasonably possible before or after the emergency application. The notice shall include a brief explanation of the circumstances constituting the emergency.

ATCP 29.53(2)(f) (f) Any person may give a notice under par. (a) on behalf of the person who owns or controls the application site.

ATCP 29.53 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.54 ATCP 29.54 Chemigation.

ATCP 29.54(1) (1) Definitions. In this section:

ATCP 29.54(1)(a) (a) “Agricultural chemigation system” means a chemigation system that mixes pesticides with irrigated water and applies the pesticides with the irrigation water in an agricultural setting.

ATCP 29.54(1)(am) (am) “Automatic low pressure drain valve” means a self-activating device which is designed and constructed to drain the water supply pipeline in a chemigation system if water pressure falls or the water supply pump ceases operation.

ATCP 29.54(1)(b) (b) “Calibrate” means to measure and adjust the dispersal or output of equipment to control the rate of pesticide dispersal, and the droplet or particle size of pesticides dispersed by that equipment.

ATCP 29.54(1)(c) (c) “Check valve” means a device designed and constructed to close a water supply pipeline, pesticide injection line, or other conduit in a chemigation system and to prevent reverse flow in that line.

ATCP 29.54(1)(d) (d) “Chemigation” means the application of pesticides using a chemigation system.

ATCP 29.54(1)(e) (e) “Chemigation system” means a device or system which mixes pesticides with irrigation water drawn from any source, and which applies the pesticides with the irrigation water. “Chemigation system” includes all of the components of the system. “Chemigation system” does not include any of the following:

ATCP 29.54(1)(e)1. 1. A hand-held or hose-end sprayer.

ATCP 29.54(1)(e)3. 3. A device or system used only to inject pesticides directly into plants.

ATCP 29.54(1)(e)4. 4. A device or system used only to apply pesticides directly to the roots of ornamental trees and shrubs.

ATCP 29.54(1)(f) (f) “Flush time” means the time needed under normal operating conditions to completely fill an irrigation system with water so that all outlets are discharging water.

ATCP 29.54(1)(g) (g) “Injection unit” means a chemical metering pump or device that withdraws pesticide from a supply tank and injects the pesticide into irrigation water during chemigation.

ATCP 29.54(1)(gm) (gm) “Non-agricultural chemigation system” means a chemigation system that is used to apply pesticides in a non-agricultural setting, including to urban lawns and gardens.

ATCP 29.54(1)(h) (h) “Pesticide supply tank” means a container used to hold pesticides for injection into a chemigation system.

ATCP 29.54(1)(j) (j) “Potable water supply” means a well or other source of water which is used for human consumption, hygiene, or preparation of food products.

ATCP 29.54(1)(k) (k) “Reduced pressure principle backflow preventer” means a backflow prevention device consisting of 2 independently acting check valves, spring-loaded to a closed position and separated by an intermediate chamber in which there is an automatic relief that is vented to the atmosphere and spring-loaded to the open position.