reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.08 - Prohibitions against pesticide use

Current through June 24, 2024
(1) SITE-SPECIFIC PROHIBITION IN RESPONSE TO
				GROUNDWATER CONTAMINATION WHICH EXCEEDS AN ENFORCEMENT STANDARD. If, at a point
				of standards application, the concentration of a pesticide substance in
				groundwater attains or exceeds an enforcement standard, and if the
				concentration has resulted from or may be affected by a pesticide use, the
				department shall, as a site-specific response under s.
				ATCP
				31.07, prohibit the pesticide use on a site-specific
				basis unless the department is shown, and determines to a reasonable certainty
				by the greater weight of the credible evidence, that an alternative response
				will achieve compliance with the enforcement standard. The scope and duration
				of the site-specific prohibition shall be reasonably designed to achieve and
				maintain compliance with the enforcement standard at the point of standards
				application, and at other downgradient points to which the pesticide substance
				may migrate. A prohibition may remain in effect indefinitely unless the
				department is shown, and determines, that resumption of the pesticide use is
				not likely to cause a renewed or continued violation of the enforcement
				standard. The department's responsibility to initiate a site-specific
				prohibition under s.
				160.25,
				Stats., and this subsection is not affected by sub. (2), or by contemporaneous
				findings that concentrations of the same pesticide substance at other points of
				standards application fall below the enforcement standard.
(2) SITE-SPECIFIC PROHIBITION IN RESPONSE TO
				GROUNDWATER CONTAMINATION WHICH EXCEEDS A PREVENTIVE ACTION LIMIT, BUT NOT AN
				ENFORCEMENT STANDARD. If, at a point of standards application, the
				concentration of a pesticide substance in groundwater attains or exceeds a
				preventive action limit but not an enforcement standard, the department may not
				implement a site-specific response under s.
				ATCP
				31.07 prohibiting a pesticide use unless the
				department:
(a) Determines, pursuant to s.
				160.23(4),
				Stats., that no less restrictive response would prevent the violation of an
				enforcement standard at the point of standards application.
(b) Establishes the basis for the geographic
				scope and duration of the prohibition; and
(c) Limits the scope and duration of the
				prohibition to that which is reasonably necessary to maintain compliance with
				the enforcement standard at the point of standards application.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.09 - Rulemaking to control pesticide contamination of groundwater; general

Current through June 24, 2024
(1)
				SUBSTANCE-SPECIFIC RULES. If an enforcement standard and preventive action
				limit are adopted by the department of natural resources for any pesticide
				substance, the department shall review its existing rules and adopt new or
				amended rules as necessary to comply with s.
				160.19,
				Stats. The department may adopt rules on a substance-specific basis as
				appropriate, pursuant to ss.
				94.69,
				160.19,
				and
				160.21,
				Stats. Except as otherwise provided under ch. 160, Stats., the rules shall be
				designed, to the extent technically and economically feasible, to minimize the
				level of the pesticide substance in groundwater and maintain compliance with
				the preventive action limit for the pesticide substance statewide. Rule
				provisions may apply on a statewide or localized basis, and on a temporary or
				permanent basis, as necessary to address varying state or local
				conditions.
(2) RULE PROVISIONS.
				Substance-specific rules under this section may include:
(a) Prohibitions against the use of a
				pesticide, subject to s.
				ATCP
				31.08.
(b)
				Limitations on the purposes for which a pesticide may be used, including
				limitations on the crops and target pests for which a pesticide may be
				used.
(c) Limitations on the rate
				at which a pesticide is applied.
(d) Limitations on the time or frequency of
				pesticide use.
(e) Limitations on
				the method of pesticide use.
(f)
				Reporting or permit requirements applicable to the use of a
				pesticide.
(g) Requirements for the
				training or certification of pesticide applicators or other persons using a
				pesticide.
(h) Required
				site-specific responses to be implemented by the department if an enforcement
				standard or preventive action limit for a pesticide substance is attained or
				exceeded at a point of standards application. Rules may specify the form and
				scope of the site-specific responses, and the specific conditions under which
				the site-specific responses are to be implemented.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter I - Definitions and General Provisions › Section ATCP 33.02 - Variances

Current through June 24, 2024
(1) VARIANCE REQUEST. An operator may request
				  a variance from a standard or requirement under this chapter. The operator
				  shall make the request in writing, and may include the request as part of a
				  filing under s.
				  ATCP
				  33.10(1). A request shall include all
				  of the following:
(a) A clear description of
				  the proposed nonconforming feature for which the operator seeks the
				  variance.
(b) A statement
				  describing how the proposed nonconforming feature will provide equivalent
				  protection for waters of the state.
(c) A statement by a professional engineer,
				  certifying that the proposed nonconforming feature will provide equivalent
				  protection for waters of the state, if the proposed feature affects any of the
				  following:
1. The containment of bulk
				  fertilizer or bulk pesticide.
2.
				  The containment or recovery of discharges.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter II - Construction Plans and Siting › Section ATCP 33.10 - Construction plans

Current through June 24, 2024
(1) FILING REQUIRED. At least 21 days before
				  an operator constructs or substantially alters a structure at a storage
				  facility, the operator shall file all of the following with the department:
(a) Design specifications for the
				  construction or alteration.
(b) A
				  signed written statement by a professional engineer, certifying that the design
				  specifications comply with applicable requirements under this
				  chapter.
(c) The approximate date
				  on which the operator plans to start the construction or alteration. The
				  operator may not start the construction or alteration before that date unless
				  the operator gives the department prior notice of the new start date. The
				  department may request additional schedule information, as necessary, in order
				  to schedule an inspection under sub. (3).
Note: Subsection (1) does not apply to the routine repair
					 or maintenance of an existing structure. See s.
					 ATCP
					 33.01(34). This chapter does not
					 require an operator to take soil samples before the operator constructs or
					 substantially alters a structure. However, an operator may wish to do so in
					 order to maintain cost reimbursement eligibility under s.
					 ATCP
					 35.04.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter II - Construction Plans and Siting › Section ATCP 33.12 - Storage facility siting

Current through June 24, 2024
(1) REQUIREMENTS. Except as provided in sub.
				  (2), the base of each mixing and loading pad, the base of each secondary
				  containment structure, and the floor of each building used to store bulk
				  fertilizer or bulk pesticide shall be all of the following:
(a) At least 5 feet above bedrock.
(b) At least 5 feet above the seasonal high
				  groundwater level. A determination of seasonal high groundwater level, by an
				  independent soils tester licensed by the Wisconsin department of safety and
				  professional services, is presumptively valid for purposes of this
				  paragraph.
(c) At least 1,000 feet
				  from the ordinary high water mark of any navigable lake and 300 feet from the
				  ordinary high water mark of any navigable stream.
(d) Located outside of any 100-year flood
				  plain.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter II - Construction Plans and Siting › Section ATCP 33.14 - Water supply protection

Current through June 24, 2024
(1) GENERAL. Wells at a storage facility
				  shall comply with applicable requirements in chs.
				  NR 811 and 812.
Note: Chapters
					 NR 811 and 812 comprise the state
					 well code.
(2) BACKFLOW
				  PREVENTION.
(a) All water supply outlets at
				  the storage facility shall be protected against backflow caused by backpressure
				  or back siphonage. Protection may include any of the following:
1. A vertical air gap between each water
				  supply outlet and any container or equipment filled from that outlet. The air
				  gap distance shall be at least one inch, or twice the effective opening of the
				  supply outlet, whichever is greater.
2. A backflow prevention device that complies
				  with s.
				  SPS
				  382.41.
Note: SPS 382 is part of the state plumbing code.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter III - Storage Containers and Related Structures › Section ATCP 33.20 - Liquid fertilizer and pesticide storage containers

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENTS.
(a) Storage containers and
				  appurtenances shall be designed, constructed, inspected and maintained to
				  operate effectively and to prevent discharges under all reasonably foreseeable
				  use conditions. Storage containers and appurtenances shall comply with this
				  section, and shall be located within a secondary containment structure if
				  required under s.
				  ATCP
				  33.40.
(b)
				  Storage containers and appurtenances shall be designed, constructed, inspected
				  and maintained to resist corrosion, puncture and cracking.
(c) Materials used to construct or repair
				  storage containers and appurtenances may not react chemically or
				  electrolytically with stored fertilizer or pesticide in a way that may weaken
				  the storage container or appurtenance, create a risk of discharge, or
				  adulterate the fertilizer or pesticide.
(d) Metals used for storage container valves,
				  fittings or repairs shall be compatible with other metals in the storage
				  container, so that the combination of metals does not cause corrosion or
				  electrolytic reactions that may weaken the storage container or its
				  appurtenances, or create a risk of discharge.
(e) Storage containers and appurtenances
				  shall be designed, constructed and maintained to hold fertilizer or pesticide
				  of the highest specific gravity that may be stored in the containers.
(f) Bladder tanks, tank-in-tanks and
				  field-erected storage containers shall be all of the following:
1. Designed and constructed according to API
				  650, and certified for compliance by the manufacturer, if the structure is
				  installed, constructed or substantially altered after November 1, 2006. API 650
				  calculations shall be based on the highest specific gravity of fertilizer or
				  pesticide that may be stored in the container.
2. Inspected before use, and at least once
				  every 5 years during use, by an API 653-certified inspector for compliance with
				  API 653. The storage container shall be inspected more frequently if
				  recommended by an API 653-certified inspector. API 653 calculations shall be
				  based on the highest specific gravity of fertilizer or pesticide that may be
				  stored in the container.
3.
				  Repaired, when necessary, according to API 653 and the recommendations of an
				  API 653-certified inspector.
Note:
Copies of API 650 and 653 are on file
					 with the department and the legislative reference bureau. Copies may be
					 purchased from the American Petroleum Institute at 1220 L Street NW, Washington
					 DC 20005-4070, telephone (202) 682-8000, or the following web address:
www.api.org
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter III - Storage Containers and Related Structures › Section ATCP 33.22 - Dry fertilizer or pesticide storage structures

Current through June 24, 2024
(1) GENERAL.
				  Structures used to store dry bulk fertilizer or dry bulk pesticide shall be
				  designed, constructed, inspected and maintained to withstand the pressure of
				  stored product, to prevent discharges, and to prevent precipitation from
				  contacting stored product.
(2)
				  INDOOR STORAGE REQUIRED. An operator shall store dry bulk fertilizer and dry
				  bulk pesticide on a portland cement concrete surface in a fully enclosed
				  building, except that the operator may store the following products outdoors:
(a) Products that are fully enclosed in
				  durable sealed weatherproof packages or containers.
(b) Potassium chloride, or another fertilizer
				  product specifically authorized in writing by the department, if all of the
				  following apply:
1. The product is stored on
				  an asphalt concrete or portland cement concrete surface that will contain any
				  precipitation runoff that may come in contact with the stored
				  product.
2. The product is fully
				  covered by a waterproof cover that prevents exposure to
				  precipitation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter IV - Mixing and Loading Pads › Section ATCP 33.30 - Mixing and loading pads required

Current through June 24, 2024
(1) Except as
				  provided in s.
				  ATCP
				  33.32(8) or (9) or s.
				  ATCP
				  33.34(6), all handling of bulk
				  fertilizer or bulk pesticide at a storage facility shall be conducted over a
				  mixing and loading pad.
(2) A
				  MIXING AND LOADING PAD SHALL BE CONSTRUCTED AND MAINTAINED TO CATCH, CONTAIN
				  AND ALLOW RECOVERY OF REASONABLY FORESEEABLE DISCHARGES THAT MAY RESULT FROM
				  THE HANDLING OF THE BULK FERTILIZER OR PESTICIDE.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter IV - Mixing and Loading Pads › Section ATCP 33.32 - Mixing and loading pad for liquid products

Current through June 24, 2024
Except as provided in sub. (8) or (9), a mixing and
					 loading pad used for liquid fertilizer or pesticide shall comply with all of
					 the following:
(1) PUMP CONTAINMENT. A
				  mixing and loading pad shall extend beneath any pump that the operator uses to
				  transfer liquid fertilizer or pesticide, unless the pump is located within a
				  secondary containment structure that complies with s.
				  ATCP
				  33.42.
(2)
				  APPURTENANCE CONTAINMENT. A mixing and loading pad shall extend beneath any
				  appurtenance or plumbing connection through which the operator transfers liquid
				  fertilizer or pesticide, unless one of the following applies:
(a) The appurtenance or connection is located
				  within a secondary containment structure that complies with s.
				  ATCP
				  33.42.
(b)
				  The appurtenance or connection is threaded, welded or permanently
				  band-clamped.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter IV - Mixing and Loading Pads › Section ATCP 33.34 - Mixing and loading pad for dry products

Current through June 24, 2024
Except as provided in sub. (6), a mixing and loading pad
					 used for dry fertilizer or pesticide shall comply with all of the
					 following:
(1) CONVEYOR CONTAINMENT. A
				  mixing and loading pad shall extend beneath any conveyor used to load or unload
				  dry bulk fertilizer or dry bulk pesticide, unless the conveyor is fully
				  enclosed within a housing that contains all spillage from the conveyor.
Note:
Section
					 ATCP
					 33.62 requires that the unloading chute or conveyor be
					 equipped with a dust control system or device to further minimize the risk of
					 discharge.
(2) PORTLAND
				  CEMENT OR ASPHALT CONCRETE CONSTRUCTION. A mixing and loading pad shall be
				  constructed of portland cement or asphalt concrete
.
(3) STRUCTURAL CAPABILITY. A mixing and
				  loading pad shall be designed, constructed and maintained to withstand all
				  foreseeable load conditions, including the filled weight of all vehicles,
				  application equipment or other equipment that may be used or located on
				  it.
(4) MIXING AND LOADING PAD
				  INSPECTION AND MAINTENANCE. An operator shall inspect a mixing and loading pad
				  at least semi-annually, and shall maintain the mixing and loading pad as
				  necessary, to ensure compliance with this section. Whenever an operator repairs
				  a mixing and loading pad, the operator shall make the repair according to good
				  engineering practice and manufacturer specifications.
(5) MIXING AND LOADING PAD REMOVAL. An
				  operator shall remove a mixing and loading pad if the operator cannot maintain
				  it in compliance with this section, or if corrective action is needed to remove
				  contamination from beneath the pad.
(6) UNLOADING DRY FERTILIZER FROM RAIL CARS.
				  Section
				  ATCP
				  33.30 and subs. (1) through (5) do not apply to the
				  unloading of dry bulk fertilizer from bottom-unloading rail cars, provided that
				  the operator unloads the fertilizer over a fixed or portable containment basin
				  or a portland cement or asphalt concrete pad. The containment basin shall be
				  made of durable rigid material, and shall effectively contain any dry
				  fertilizer that may be discharged during the unloading process. The operator
				  shall routinely inspect and maintain the containment basin or pad to ensure
				  compliance with this paragraph.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter V - Sumps › Section ATCP 33.36 - Sumps; general

Current through June 24, 2024
If a mixing and loading pad or secondary containment
					 structure drains to a sump, the sump shall be all of the following:
(1) Designed, constructed and maintained to
				  contain liquid that drains to the sump.
(2) Liquid-tight.
(3) Constructed according to s.
				  ATCP
				  33.38.
(4)
				  Served by a pump and storage container that comply with s.
				  ATCP
				  33.50.
(5)
				  Inspected and approved at the time of construction, in the same manner as a
				  mixing and loading pad inspected under s.
				  ATCP
				  33.32(6), if the sump is constructed
				  of portland cement concrete on or after November 1, 2006. The operator shall
				  provide DATCP with a copy of the inspection report and approval.
(6) Routinely inspected and maintained to
				  ensure compliance with this section.
(7) Repaired, when necessary, according to
				  good engineering practice and manufacturer specifications.
(8) Removed if it cannot be maintained in
				  compliance with this section, or if corrective action is needed to remove
				  contamination from beneath the sump. An operator shall remove a leaking sump
				  unless the sump is repaired and remains liquid-tight for at least 2 years after
				  the date of repair.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter V - Sumps › Section ATCP 33.38 - Sump construction

Current through June 24, 2024
(1) GENERAL. Except as provided in sub. (2):
(a) A sump that is part of a mixing and
				  loading pad, or part of a portland cement concrete secondary containment
				  structure, shall be constructed of portland cement concrete and shall meet the
				  standards specified in chapters 5 and 6 of the
Wisconsin Minimum Design
				  and Construction Standards for Concrete Mixing and Loading Pads and Secondary
				  Containment Structures
(February 2005).
Note:
The
Wisconsin Minimum Design and
					 Construction Standards for Concrete Mixing and Loading Pads and Secondary
					 Containment Structures
(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:
Department of Agriculture, Trade and Consumer
					 Protection
Agricultural Resource Management Division
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4500
Web:
http://www.datcp.state.wi.us
(b) A sump shall have a capacity
				  of not more [than] 50 gallons.
Note:
The word in brackets was omitted from CR
					 05-108.
(c) A sump may not
				  be more than 2 feet deep, or have a depth that exceeds its shortest
				  width.
(d) The walls and floors of
				  a sump shall be at least as thick, at every point, as the mixing and loading
				  pad or secondary containment structure floor that drains to the sump.
(e) A sump that is part of a mixing or
				  loading pad shall form part of a continuous surface, having an area of at least
				  15 feet by 15 feet and a capacity of at least 250 gallons, which is free of
				  construction and control joints.
(f) If a sump is constructed as part of a
				  concrete mixing and loading pad or concrete secondary containment structure, it
				  shall be constructed in a continuous concrete pour with that pad or
				  structure.
(g) No pipes or openings
				  may extend through a sump. This does not prohibit a surface trough or rim
				  indentation needed to accommodate a pipe or hose connection required under s.
				  ATCP
				  33.50.
(h)
				  A sump shall be readily accessible for inspection. Pumps, collection basins or
				  other equipment placed in the sump shall be readily removable, so that all
				  surfaces of the sump can be easily inspected.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VI - Secondary Containment Structures › Section ATCP 33.40 - Secondary containment required

Current through June 24, 2024
(1) GENERAL. Except
				  as provided in sub. (2), all of the following shall be located within a
				  secondary containment structure that complies with s.
				  ATCP
				  33.42:
(a) Storage
				  containers.
(b) Storage container
				  shut-off valves under s.
				  ATCP
				  33.20(2) (a).
(c) Liquid level gauging devices under s.
				  ATCP
				  33.20(3).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VI - Secondary Containment Structures › Section ATCP 33.42 - Secondary containment structures; standards

Current through June 24, 2024
A secondary containment structure required under s.
					 ATCP
					 33.40(1) shall comply with all of the
					 following requirements:
(1)
				  CONSTRUCTION STANDARDS; GENERAL.
(a) A
				  secondary containment structure shall take one of the forms authorized in s.
				  ATCP
				  33.44.
(b)
				  A secondary containment structure shall be designed, constructed and maintained
				  to contain potential discharges of liquid fertilizer or pesticide from storage
				  containers and appurtenances located within the structure.
(c) A secondary containment structure shall
				  have the capacity required in sub. (2). An operator shall notify the department
				  at least 7 business days before installing an additional storage container in a
				  secondary containment structure, or replacing an existing storage container in
				  a secondary containment structure with a larger storage container.
(d) A secondary containment structure shall
				  comply with applicable wall height requirements in sub. (3).
(e) A secondary containment structure shall
				  be designed, constructed and maintained to do all of the following:
1. Withstand the full hydrostatic head of any
				  liquid discharged within the structure.
2. Prevent liquid in the structure from
				  moving to groundwater or other waters of the state.
(f) A secondary containment structure shall
				  have a coefficient of permeability of not more than 1x10-6 cm/sec.
(g) A secondary containment structure shall
				  be designed to withstand the filled weight of all storage containers,
				  appurtenances, pumps and equipment that may be used or located within
				  it.
(h) A secondary containment
				  structure may not have any opening through which precipitation or other liquids
				  may drain from the structure. This paragraph does not apply to any of the
				  following:
1. A tank-in-tank that complies
				  with s.
				  ATCP
				  33.44(9).
2. A bladder tank that complies with s.
				  ATCP
				  33.44(10).
3. An opening for a pipe that extends through
				  the wall of a secondary containment structure constructed prior to November 1,
				  2006, provided that the operator complies with s.
				  ATCP
				  33.20(2) (d) 2. or the secondary
				  containment structure has adequate containment capacity as required under sub.
				  (2) below the level of the opening.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VI - Secondary Containment Structures › Section ATCP 33.44 - Secondary containment structures; forms of construction

Current through June 24, 2024
A secondary containment structure shall take one of the
					 forms authorized in this section.
(1)
				  CONCRETE STRUCTURES.
(a) A secondary
				  containment structure may be constructed of concrete.
(b) A concrete secondary containment
				  structure constructed on or after November 1, 2006 shall be constructed of
				  portland cement concrete and shall comply with standards specified in chapters
				  5 and 6 of the
Wisconsin Minimum Design and Construction Standards for
				  Concrete Mixing and Loading Pads and Secondary Containment Structures
(February 2005).
Note:
The
Wisconsin Minimum Design and
					 Construction Standards for Concrete Mixing and Loading Pads and Secondary
					 Containment Structures
(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 free of charge from the department at
					 the following address:
Department of Agriculture, Trade and Consumer
					 Protection
Agricultural Resource Management Division
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4500
Web:
https://datcp.wi.gov/Pages/Homepage.aspx
(c) If a concrete secondary containment
				  structure is constructed on or after November 1, 2006, the operator or a person
				  chosen by the operator shall inspect the construction for conformity to the
				  design specifications filed with the department under s.
				  ATCP
				  33.10(1). The person conducting the
				  inspection shall inspect and approve the construction of the soil sub-base, the
				  laying of structural steel, and the laying of waterstop materials and devices
				  before concrete is poured. The operator shall provide a copy of the inspection
				  report and approval to the department.
Note:
The department recommends that
					 construction inspection be performed by a qualified person experienced in
					 reading plans and inspection construction.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VII - Discharges and Precipitation › Section ATCP 33.50 - Available pump and storage container

Current through June 24, 2024
An operator shall have, readily available at a storage
					 facility, one or more functional pumps that the operator can use to remove
					 liquid from every mixing and loading pad, sump or secondary containment
					 structure at the storage facility. Each pump shall be plumbed or have a readily
					 available hose connection to a storage container that complies with s.
					 ATCP
					 33.20, so that recovered liquid can be pumped to the
					 storage container. The pump shall self-activate, or shall be susceptible to
					 immediate activation by the operator, whenever needed. The storage container
					 shall have, at all times, an unused capacity of at least 200
					 gallons.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VII - Discharges and Precipitation › Section ATCP 33.52 - Discharges and precipitation

Current through June 24, 2024
(1) DISCHARGE
				  RESPONSE; GENERAL. The operator of a storage facility shall do all of the
				  following whenever there is a discharge:
(a)
				  Take immediate and appropriate action to mitigate any risks that the discharge
				  may pose to public health and the environment.
Note:
A release of rinsate is considered a
					 discharge. See s. ATCP and 33.01(10) (28).
(b) Report the discharge to the Wisconsin
				  department of natural resources if a report is required under ch. NR 706.
Note:
If a discharge is fully contained in a
					 mixing and loading pad, sump or secondary containment structure, a discharge
					 report is not required under ch. NR 706 unless the discharge poses an immediate
					 threat to human health.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VII - Discharges and Precipitation › Section ATCP 33.54 - Managing recovered discharges, rinsate and collected precipitation

Current through June 24, 2024
(1) Liquid
				  recovered under s.
				  ATCP
				  33.52, if held by the operator pending use or
				  disposal, shall be held in a storage container that complies with s.
				  ATCP
				  33.20 and is located in a secondary containment
				  structure that complies with s.
				  ATCP
				  33.42.
(2)
				  Dry fertilizer or pesticide recovered under s.
				  ATCP
				  33.52, if held by the operator pending use or
				  disposal, shall be handled in a manner that complies with s.
				  ATCP
				  33.22.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VII - Discharges and Precipitation › Section ATCP 33.56 - Use and disposal of recovered material

Current through June 24, 2024
(1) SAFE USE OR
				  DISPOSAL. An operator shall safely use or dispose of material recovered under
				  s.
				  ATCP
				  33.52. Use and disposal shall comply with applicable
				  federal, state and local regulations.
(2) PESTICIDES. An operator may not sell,
				  distribute or apply any material recovered under s.
				  ATCP
				  33.52 as a pesticide unless that sale or distribution
				  complies with ch. ATCP 29.
Note: An operator must obtain a permit under s.
					 ATCP 35.03 before
					 land spreading material recovered from the environment as part of an
					 environmental remediation under ch. ATCP 35.
(3) FERTILIZERS.
(a) Except as provided in par. (b), an
				  operator may not sell or distribute any material recovered under s.
				  ATCP
				  33.52 as a fertilizer or soil or plant additive unless
				  that sale or distribution complies with ch. ATCP 40.
(b) Notwithstanding ch. ATCP 40, an operator
				  may apply to land free of charge, or distribute free of charge to a landowner
				  for application to that person's land, rinsate recovered under s.
				  ATCP
				  33.52 if the operator discloses to the landowner the
				  types of fertilizer or soil or plant additives contained in that
				  rinsate.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VII - Discharges and Precipitation › Section ATCP 33.58 - Discharge response preparedness

Current through June 24, 2024
(1) DISCHARGE
				  RESPONSE PLAN REQUIRED.
(a) The operator of a
				  storage facility shall have a written discharge response plan for all of the
				  following:
1. Discharges at the storage
				  facility.
2. Discharges, at
				  locations outside the storage facility, from mobile containers shipped from the
				  storage facility.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VIII - Transportation and Handling Practices › Section ATCP 33.60 - Transporting bulk fertilizer and bulk pesticide

Current through June 24, 2024
(1) GENERAL. An
				  operator shall transport bulk fertilizer and bulk pesticide in a manner that
				  prevents reasonably foreseeable and preventable hazards to persons, property
				  and the environment.
(2) TRANSPORT
				  VEHICLES. Containers and appurtenances used to transport bulk fertilizer or
				  bulk pesticide shall be securely anchored to transport vehicles so that
				  stresses from normal vehicle operation will not cause a discharge and will not
				  cause the containers and appurtenances to move independently of the vehicle.
				  Equipment, tools and other items carried on transport vehicles shall be secured
				  against damaging contact with containers or appurtenances.
(3) PROTECTION AGAINST DAMAGE OR ACCESS.
				  Containers and appurtenances used to transport bulk fertilizer or bulk
				  pesticide shall be protected from damage or destruction, and shall be secured
				  against access by the general public and animals.
(4) DEFECTIVE CONTAINERS. An operator may not
				  transport bulk fertilizer or bulk pesticide in a visibly broken, defective or
				  improperly sealed container unless that container is enclosed in another
				  container that effectively prevents the discharge of fertilizer or
				  pesticide.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter VIII - Transportation and Handling Practices › Section ATCP 33.62 - Dust control in dry product loading

Current through June 24, 2024
An operator shall use a loading chute or other dust control
					 device to unload dry bulk fertilizer or dry bulk pesticide from storage
					 containers to transport vehicles or application equipment, so that the air gap
					 between the load-out equipment and the top rim of the transport vehicle or
					 application equipment being filled does not exceed 2 feet.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter IX - Environmental Assessments › Section ATCP 33.70 - Environmental assessments

Current through June 24, 2024
(1) Assessment
				  required. An operator shall conduct an assessment under sub. (2) whenever any
				  of the following structures used for liquid bulk fertilizer or liquid bulk
				  pesticide leaks, is removed, or remains out of use for more than 5 years:
(a) A mixing and loading pad.
(b) A sump.
(c) A secondary containment
				  structure.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter X - Records and Reports › Section ATCP 33.80 - Records

Current through June 24, 2024
(1) RECORDS REQUIRED. An operator shall make
				  and keep all of the following records:
(a)
				  Records of API 653 inspections required under s.
				  ATCP
				  33.20(1) (f) 2.
(b) Records of inspection and maintenance
				  required under ss.
				  ATCP
				  33.20(13),
				  33.32(7),
				  33.36(6) and
				  33.42(5).
(c) Records of pressure tests required under
				  ss.
				  ATCP
				  33.20(2) (d) 1. and
				  33.38(2)
				  (d).
(d) Precipitation sample test records
				  required under s.
				  ATCP
				  33.52(4).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 33 - Fertilizer And Pesticide Bulk Storage › Subchapter X - Records and Reports › Section ATCP 33.82 - Real estate sale or lease; disclosure

Current through June 24, 2024
An operator shall do all of the following before the
					 operator sells or leases, for another use, real estate that has been used for a
					 storage facility:
(1) Notify the
				  department of the sale or lease.
(2) Disclose to the purchaser or lessee that
				  the real estate has been used as a storage facility.
Section ATCP 33.82 does not relieve the operator of other
						disclosure requirements that may apply under other law.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.01 - Purpose

Current through June 24, 2024
This chapter establishes procedures for the agricultural
				  chemical and container collection grant program under s.
				  93.55,
				  Stats., and the household hazardous waste, and unwanted prescription drug grant
				  programs under s.
				  93.57,
				  Stats.
Funds for the grant programs under ss.
					 93.55
					 and
					 93.57,
					 Stats., are appropriated under s.
					 20.115(7)
					 (va), Stats. Grants are subject to
					 appropriation limits.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Agricultural producer" means a person who produces agricultural commodities on
				land that the person owns or controls.
(2) "ARM division administrator" means the
				administrator of the department's agricultural resource management
				division.
(3) "Chemical waste"
				means farm chemical waste or household hazardous waste.
(4) "Clean sweep grant" means a grant under
				s.
				93.55
				or
				93.57,
				Stats.
(5) "Clean sweep project"
				means a project under s.
				93.55
				or
				93.57,
				Stats., to collect any of the following for disposal:
(a) Farm chemical waste from a source
				identified under s.
				ATCP
				34.04(4).
(b) Household hazardous waste.
(c) Unwanted prescription drugs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.04 - Grants to counties and municipalities

Current through June 24, 2024
(1) GENERAL.
(a) The department may award a clean sweep
				grant to a county for a clean sweep project to collect any of the following:
1. Farm chemical waste from a source
				identified in sub. (4).
2.
				Household hazardous waste.
3.
				Unwanted prescription drugs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.06 - Grant applications

Current through June 24, 2024
(1) COUNTY OR MUNICIPALITY MAY APPLY. A
				county or municipality may apply for a clean sweep grant. A grant application
				shall comply with sub. (3).
Note
Pursuant to s.
				  20.002(10),
				  Stats., a grant by a state agency made to any city, county, village, or town
				  for any purpose also may be granted by that state agency to any federally
				  recognized tribal governing body for the same purpose.
(2) ANNOUNCEMENT SOLICITING GRANT
				APPLICATIONS. The department shall issue an announcement soliciting grant
				applications under sub. (1) for the next calendar year if grant funding may be
				available for any part of that calendar year. The announcements shall specify
				the general terms and conditions for grant awards, including all of the
				following:
(a) The total amount available for
				clean sweep project grants, including separate amounts available for farm
				chemical waste collection projects and household hazardous waste collection
				projects. Subject to budget appropriations, the department shall offer a
				minimum of two-thirds of the funds available from the appropriation account
				under s.
				20.115(7)
				(va), Stats., for household hazardous waste
				collection grants.
(b) The purposes
				for which grant funds may be used.
(c) The percentage rate, if any, at which the
				department will reimburse a county's cost to collect and dispose of farm
				chemical wastes received from very small quantity generators.
Note
See s.
				  ATCP
				  34.04(4) (b).
(d) Minimum grant eligibility criteria,
				including the minimum county or municipal funding contribution required under
				s.
				ATCP
				34.04(5).
(e) Grant application deadlines and
				procedures.
(f) Grant evaluation
				criteria, including the criteria in s.
				ATCP
				34.08(2) and the weights that the
				department will give to those criteria.
(g) Other grant application terms and
				conditions that the department deems appropriate.
Note
The department will normally issue a notice
				  under sub. (2) in June of each year, soliciting grant applications for the next
				  calendar year. Grant funding depends on state budget appropriations.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.08 - Evaluating grant applications

Current through June 24, 2024
(1) DETERMINING
				ELIGIBILITY. The department shall review each grant application under s.
				ATCP
				34.06(3) to determine whether it
				complies with minimum eligibility requirements under this chapter. The
				department shall reject grant applications that fail to meet minimum
				eligibility requirements, or that fail to comply with application procedures
				prescribed under s.
				ATCP
				34.06(2).
(2) EVALUATING ELIGIBLE GRANT APPLICATIONS.
				The department shall evaluate each year's eligible grant applications under s.
				ATCP
				34.06(1). The department may consider
				the following criteria, and other criteria set forth in the department's
				notices under s.
				ATCP
				34.06(2):
(a) The types of chemical wastes or unwanted
				prescription drugs to be collected.
(b) The extent to which the project
				coordinates the efforts of state and local government and other interested
				parties.
(c) The convenience of the
				collection service. The department may give priority to projects offering
				conveniences, such as continuous or permanent collections, multiple collection
				locations, and multiple collection periods, which are reasonably designed to
				maximize public participation.
(d)
				The scope and quality of the public information and promotional program that
				will accompany the project. The department may give priority to projects that
				are effectively designed to do the following:
1. Reach and involve target audiences holding
				chemical wastes or unwanted prescription drugs.
2. Minimize future generation of chemical
				waste or unwanted prescription drugs.
(e) Innovation. The department may give
				priority to applicants that offer new collection sites or other sound
				innovations designed to increase public participation, decrease waste
				generation, increase waste collection, or expand geographic outreach.
(f) The applicant's capacity to perform. The
				department may give priority to applicants that demonstrate effective
				preparation, expertise, capacity, and commitment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 34 - Clean Sweep Program › Section ATCP 34.10 - Grant awards

Current through June 24, 2024
(1) DEADLINE. The department shall announce
				each year's clean sweep grant awards within 60 business days after the grant
				application deadline specified in the department's announcement under s.
				ATCP
				34.06(2).
(2) FARM CHEMICAL WASTE COLLECTION PROJECTS.
				The department shall annually award clean sweep grants for farm chemical waste
				collection projects based on the evaluation under s.
				ATCP
				34.08(2).
(3) HOUSEHOLD HAZARDOUS WASTE COLLECTION
				PROJECTS. The department shall annually award clean sweep grants for household
				hazardous waste collection projects based on the evaluation under s.
				ATCP
				34.08(2). The department shall
				annually award a minimum of two-thirds of the funds available from the
				appropriation account under s.
				20.115(7)
				(va), Stats.
(3m) UNWANTED PRESCRIPTION DRUG COLLECTION
				PROJECTS. The department shall annually award clean sweep grants for unwanted
				prescription drug collection projects based on the evaluation under s.
				ATCP
				34.08(2).
Note
Unwanted prescription drug collection
				  projects must comply with drug disposal program requirements in s.165.65,
				  Stats., effective 7-01-15 created by 2013 Wis. Act 198.
(4) GRANT FUNDING. The department shall
				annually award a minimum of two-thirds of the funds available from the
				appropriation account under s.
				20.115(7)
				(va), Stats., for household hazardous waste
				collection projects and unwanted prescription drug projects. The remaining
				funds go to farm chemical waste collection projects. Following awards under
				subs. (2), (3), and (3m), the department may award grant funds for other
				projects without regard to whether the projects will collect farm chemical
				waste, household hazardous waste, or unwanted prescription drugs.