Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.07 - Pesticide use; groundwater contamination exceeding enforcement standard or preventive action limit; site-specific response

Current through June 24, 2024
(1) SITE-SPECIFIC
				RESPONSE; GENERAL. If, upon investigation under s.
				ATCP
				31.04(2), the department finds that
				the concentration of a pesticide substance in groundwater attains or exceeds an
				enforcement standard or preventive action limit, and that the concentration has
				resulted from or may be affected by a pesticide use, the department shall
				implement an appropriate site-specific response to regulate the pesticide use,
				pursuant to the applicable provisions of ss.
				160.21(3),
				160.23
				and
				160.25,
				Stats., and this section. A site-specific response may take any of the forms
				described under sub. (2). A site-specific response may be implemented to
				regulate a pesticide use, whether or not the pesticide use violates an existing
				statute or rule administered by the department. Except as otherwise provided
				under s.
				160.23
				or
				160.25,
				Stats., the site-specific response shall be designed to minimize the
				concentration of the pesticide substance where technically and economically
				feasible and to restore and maintain compliance with the preventive action
				limit at the point of standards application, and at other downgradient points
				to which the pesticide substance may migrate. A site-specific response may be
				implemented pursuant to substance-specific rules adopted under s.
				ATCP
				31.09.
(2)
				SITE-SPECIFIC RESPONSE; FORM OF REGULATORY ACTION.
(a)
Special orders.
1. A site-specific response may include one
				or more special orders issued under s.
				94.71(3)
				(c), Stats. The department may issue a
				special order to a respondent, whether or not the respondent has previously
				engaged in the use of the pesticide, if the department finds that the special
				order is necessary to achieve the objectives under sub. (1). The department
				may, by substance-specific rules under s.
				ATCP
				31.09, prescribe the scope and contents of special
				orders, and the conditions under which special orders are to be issued. Special
				orders may be issued on a summary basis, according to criteria set forth under
				s.
				94.71(3)
				(c), Stats., and any substance-specific rules
				adopted under s.
				ATCP
				31.09. Summary special orders are subject to a right
				of hearing before the department upon request. Special orders required by rule
				may be signed by a department employee designated in the rule. All other
				special orders shall be signed by the secretary, or a person individually
				designated by the secretary.
2. A
				special order may include:
a. A prohibition
				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 or 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. Requirements for the
				training or certification of pesticide applicators or other persons using a
				pesticide.