Wisconsin Administrative Code › Department of Natural Resources › NR 1-99 - Fish, Game and Enforcement, Forestry and Recreation › Chapter NR 80 - Use of pesticides on land and water areas of the state of Wisconsin › Section NR 80.02 - Requirements

Current through June 24, 2024
(1) Except as noted in s.
				NR
				80.03(exemptions) any person desiring
				to use a limited use pesticide in the state shall obtain a permit from the
				secretary of the department or the secretary's designated agent who will act
				after recommendation of the pesticide review board. The information furnished
				in an application for a permit shall include the description of the area to be
				treated, interval or calendar period when such treatment shall be made, number
				of applications, purpose of treatment, pesticide to be used, method of
				application and rate of application. Upon receipt of a completed application,
				the department shall approve or deny the request within 15 business days.
				Denials shall be in writing stating reasons for the denial. In emergencies,
				department action shall be expedited and applications may be submitted by
				telegraph, telephone or special delivery mail. Permit application forms may be
				obtained from the department.
(2)
				Except as otherwise provided in this chapter no person shall cause the death or
				destruction of any wild animal as defined in s.
				29.001(90),
				Stats., other than those to be controlled, through negligent use or illegal use
				of any pesticide (as defined in s.
				NR
				80.01(9) ).
(3) Except as noted in s.
				NR
				80.03(exemptions), it is unlawful for
				any person to destroy or control game or fish of any variety classified as such
				by s.
				29.001, Stats., or
				amphibians or reptiles, by use of a pesticide, poison or toxic substance unless
				a permit for that purpose has been obtained from the department.
(4) Pesticides, seeds, seed pieces or other
				plant parts treated with a pesticide stored or held at outdoor locations,
				including loading or application sites, shall be covered or otherwise protected
				or secured to prevent serious injury to wild animals other than those it is
				intended to control.
(5)
				Pesticides, seeds, seed pieces or other plant parts treated with a pesticide
				and their containers temporarily held at loading and spraying sites in
				connection with their use shall be secured in such a manner as to reasonably
				prevent serious hazard to wild animals or the contamination of waters of the
				state.
(6) No person shall use,
				store, transport or display pesticides, seeds, seed pieces or other plant parts
				treated with a pesticide contrary to label instructions or in a negligent
				manner so as to be a serious hazard to wild animals. Any use, storage,
				transport or display of pesticides, seeds, seed pieces or other plant parts
				treated with a pesticide in violation of these rules, or any use of a
				pesticide, seeds, seed pieces or other plant parts treated with a pesticide
				which a person knows or ought to know creates a high degree of risk and
				probability of serious injury to wild animals other than those it is intended
				to control is negligent use.
(7) No
				person shall apply to or cause a pesticide, seeds, seed pieces or other plant
				parts treated with a pesticide to enter waters of the state directly or through
				sewage systems. This does not apply to persons engaged in fish management or
				the treatment of waters under the supervision or rules of the department of
				natural resources, the use of limited use pesticides for the treatment of
				sewers for insect or rodent control by or under the supervision of qualified
				government officials or pest control operators, or under department of
				agriculture permit, or to chemicals accepted and registered for use in root
				control in sewage lines or in the cleaning, sanitizing, algaciding,
				slimiciding, or disinfection of toilets, urinals, sewers, sinks, swimming
				pools, food processing equipment, dishes, utensils, hospital equipment, walls,
				floors, or other surfaces or materials in any building or area where such uses
				are necessary for the protection of persons, animals or property.
(8) No person shall fill pesticide spray
				equipment, including mix or nurse tanks which contain pesticide or carry
				pesticides on the tank vehicle from waters of the state. This does not prohibit
				the filling of tanks used for water supply only from waters of the state,
				provided no pesticides or empty pesticide containers are carried on the tank
				vehicle. Pesticide spray equipment shall not be filled or cleaned adjacent to
				waters of the state including wells where, because of the slope or other
				condition of the bank, spray materials could readily enter the water in case of
				overflow, leaks or other causes, or rising waters could reach the filling or
				cleaning area and become contaminated as a result of prior surface
				contamination or other reasons. When it is necessary to use a potable water
				source or other private wells for filling or cleaning spray tanks and
				equipment, the supply shall be protected from backsiphonage by an air break or
				other equivalent protection as specified in s.
				SPS
				382.41.
(9) No person shall dispose of or hold
				pesticides or their containers for disposal contrary to directions on the label
				or in a manner which may contaminate waters of the state or create a serious
				hazard to wild animals other than those it is intended to control.
(10) Treated seeds shall be incorporated into
				the soil during planting and shall not be used or be exposed in such a manner
				that they present a serious hazard to wild animals other than those it is
				intended to control.