reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter X - Agricultural Worker Protection › Section ATCP 29.60 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Agricultural employer" means a person
				  who hires or contracts for the services of one or more agricultural workers, or
				  operates an agricultural establishment that uses one or more agricultural
				  workers.
(2) "Agricultural
				  emergency" means a sudden onset of conditions, such as flood, fire, frost,
				  hail, high winds or loss of power, which will result in a substantial economic
				  loss that can only be prevented or mitigated by the early entry of agricultural
				  workers into an area treated with an agricultural pesticide. "Agricultural
				  emergency" does not include conditions which an agricultural employer could
				  have anticipated and controlled, or which are precipitated by an agricultural
				  employer's mismanagement or negligence.
(3) "Agricultural establishment" means any
				  farm, forest, nursery or greenhouse where agricultural plants are
				  produced.
(4) "Agricultural
				  pesticide" means any pesticide used or labeled for use in the production of
				  agricultural plants at an agricultural establishment.
(5) "Agricultural plant" means any plant
				  grown or maintained for commercial or research purposes.
(6) "Agricultural worker" means an individual
				  who performs activities related to the production of agricultural plants at an
				  agricultural establishment.
(7)
				  "Crop advisor" means any individual who assesses pest numbers or damage,
				  pesticide distribution, or the status or requirements of agricultural
				  plants.
(8) "Direct the use of a
				  pesticide" has the meaning given in s.
				  ATCP
				  29.01(14).
(9) "Dual notice agricultural pesticide"
				  means an agricultural pesticide whose label requires agricultural employers to
				  do both of the following:
(a) Post application
				  sites with worker protection warning signs.
(b) Give workers oral notice of
				  applications.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter X - Agricultural Worker Protection › Section ATCP 29.61 - Worker protection; general

Current through June 24, 2024
The following persons shall comply with federal worker
					 protection standards under 40 CFR 170:
(1) An agricultural employer.
(2) A person who employs one or more
				  handlers.
(3) A person who uses or
				  directs the use of an agricultural pesticide as an independent contractor for
				  hire.
Some federal requirements under 40 CFR 170 are stated in
						full on the pesticide label, while others are merely referenced. The department
						will provide a free summary of the federal rules upon request. The entire
						federal worker protection standards rule can also be accessed at
						https://www.federalregister.gov/d/2015-25970. 40 CFR 170 requires specific
						pesticide safety practices, including pesticide product application posting,
						training of equipment operators and pesticide workers and handlers, and use of
						preventative emergency response measures including sanitation, decontamination,
						and availability of emergency medical treatment. To obtain summary materials,
						contact the department at: Department of Agriculture, Trade and Consumer
						Protection; Division of Agricultural Resource Management; Worker Protection
						Program; P.O. Box 8911, Madison, WI 53708-8911 or call (608)
						224-4500.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter X - Agricultural Worker Protection › Section ATCP 29.62 - Worker protection warning signs

Current through June 24, 2024
(1) WARNING SIGNS
				  REQUIRED. An agricultural employer shall post worker protection warning signs
				  at pesticide application sites as required under 40 CFR 170. Except as provided
				  under sub. (2) or by the federal environmental protection agency, each warning
				  sign shall comply with all of the following requirements:
(a) It shall be at least 14 inches by 16
				  inches.
(b) Its form and content
				  shall be identical to that shown in ch. ATCP 29 Appendix C.
(c) It shall be constructed to resist
				  deterioration, and shall remain legible throughout the required posting
				  period.
(d) It shall be posted not
				  more than 24 hours before the pesticide application is scheduled to
				  begin.
(e) It shall remain posted
				  for the duration of any restricted entry interval specified on the pesticide
				  label.
(f) It shall be removed or
				  covered not more than 3 days after the restricted entry interval expires unless
				  it is required for another pesticide application.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter X - Agricultural Worker Protection › Section ATCP 29.63 - Agricultural emergencies; early entry by workers

Current through June 24, 2024
(1) EMERGENCY
				  CONDITIONS. An agricultural employer may have agricultural workers enter an
				  area treated with an agricultural pesticide before the restricted entry
				  interval has expired if all of the following apply:
(a) The early entry is necessary to prevent
				  or mitigate the effects of an agricultural emergency.
(b) The early entry complies with applicable
				  worker protection standards under
				  40 CFR
				  170.112.
(c) The agricultural workers entering the
				  treated area have been trained in compliance with
				  40 CFR
				  170.130.
(d) The agricultural employer files a written
				  report with the department under sub. (2) within 72 hours after the early entry
				  occurs. The department may require an agricultural employer to file additional
				  information with the department, as necessary.
Note:
					 ATCP
					 29.61 incorporates federal rules that prohibit
					 agricultural workers from reentering a treated area during a restricted entry
					 interval except in an "agricultural emergency." Subsection (1) serves as a
					 "declaration of emergency" for purposes of
					 40 CFR
					 170.112(d)(2)(i). If all of
					 the conditions under sub. (1) are met, no further "declaration" by the
					 department is needed in order to permit the early entry of agricultural workers
					 into a treated area.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter X - Agricultural Worker Protection › Section ATCP 29.64 - Training handlers

Current through June 24, 2024
(1) TRAINING REQUIRED. Every person who
				  employs a handler shall ensure that the handler is trained as required by
				  40 CFR
				  170.230 before the handler engages in any
				  handler activity.
(2) TRAINER
				  QUALIFICATIONS. An individual who trains handlers under sub. (1) shall be at
				  least one of the following:
(a) Currently
				  certified as a pesticide applicator by the department.
(b) Currently certified as a pesticide
				  applicator in another state, pursuant to an applicator certification program
				  approved by the federal environmental protection agency.
(c) Employed by the University of
				  Wisconsin-Extension to train pesticide applicators.
(d) A graduate of a worker protection
				  train-the-handler program approved by the department or the federal
				  environmental protection agency.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter X - Agricultural Worker Protection › Section ATCP 29.65 - Training agricultural workers

Current through June 24, 2024
(1) TRAINING
				  REQUIRED. An agricultural employer may not require or permit any agricultural
				  worker, other than a worker trained as required under
				  40 CFR
				  170.130, to enter any area that has been
				  subject to a restricted entry interval during the previous 30 days.
(2) TRAINER QUALIFICATIONS. An individual who
				  trains agricultural workers under par. (a) shall be at least one of the
				  following:
(a) Currently certified by the
				  department as a pesticide applicator under s.
				  ATCP
				  29.26 or
				  29.27.
(b) Currently certified by another state as a
				  pesticide applicator, pursuant to an applicator certification program approved
				  by the federal environmental protection agency.
(c) Employed by the University of
				  Wisconsin-Extension to train pesticide applicators.
(d) A graduate of a worker protection
				  train-the-handler or train-the-worker program approved by the department or the
				  federal environmental protection agency.
(e) Trained as a pesticide handler under
				  40 CFR
				  170.230.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter X - Agricultural Worker Protection › Section ATCP 29.66 - Training records

Current through June 24, 2024
(1) EMPLOYER RECORDS. A person who employs
				  agricultural workers or handlers shall keep current pesticide training records
				  for each agricultural worker or handler employed. The employer shall keep each
				  employee's records for at least one year after that individual's employment
				  ends. The records shall include all of the following:
(a) The first name, last name and permanent
				  home address of the agricultural worker or handler.
(b) The date or dates on which the
				  agricultural worker or handler received training required under s.
				  ATCP 29.64 or
				  29.65.
(c) A signed statement by the agricultural
				  worker or handler confirming that the worker or handler received the training
				  required under s.
				  ATCP 29.64 or
				  on the 29.65 dates indicated.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter XI - Special Registrations And Use Authorizations › Section ATCP 29.70 - Emergency use permits

Current through June 24, 2024
(1) AUTHORITY AND SCOPE. The department may
				  issue an emergency use permit authorizing the purchase, sale, distribution and
				  use of a pesticide for a purpose not otherwise permitted under this chapter or
				  ch. ATCP 30, if that use is necessary in an emergency to control a serious
				  disease or pest infestation. The department may not issue an emergency use
				  permit for any of the following:
(a) A
				  pesticide use that is not authorized under the federal act.
(b) The use of DDT or its isomers or
				  metabolites.
Note: The department may issue permits, under s.
					 94.709,
					 Stats., for the use of DDT, its isomers or metabolites. See s.
					 ATCP
					 30.19 related to emergency use permits for bat
					 control.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter XI - Special Registrations And Use Authorizations › Section ATCP 29.71 - Experimental use permits

Current through June 24, 2024
(1) AUTHORIZATION.
				  The department may issue an experimental use permit authorizing the sale,
				  purchase, shipment and use of a pesticide, other than DDT and its isomers and
				  metabolites, for experimental purposes not otherwise permitted under ss.
				  94.67
				  through
				  94.71,
				  Stats., or this chapter. The department may not issue a permit for any purpose
				  that is prohibited under the federal act. The department may issue a permit to
				  any of the following persons:
(a) A person who
				  needs the permit to acquire experimental data in this state in order to
				  register a pesticide or pesticide use under the federal act or s.
				  ATCP
				  29.72.
(b)
				  A person, other than a pesticide seller or a seller's promotional agent, who
				  needs the permit to perform bona fide scientific research in this
				  state.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter XI - Special Registrations And Use Authorizations › Section ATCP 29.72 - Special local needs registrations

Current through June 24, 2024
(1) AUTHORITY. The
				  department may register either of the following if the registration is
				  necessary to meet a special local need in the state:
(a) A pesticide product which is not
				  registered under the federal act. The registration shall specify the uses for
				  which the pesticide product is registered.
(b) A new use for a pesticide product that is
				  currently registered under par. (a).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter XI - Special Registrations And Use Authorizations › Appendix A

Current through June 24, 2024
This is an example of a notice that complies with ss.
					 ATCP
					 29.55(2) and
					 29.56(2):
NOTICE TO CUSTOMER
Before we apply any pesticides to your property, we will
					 provide you with any of the following information that you request:
* The common chemical or brand name of each pesticide that
					 may be applied.
* A copy of the pesticide label for each pesticide that may
					 be applied. The label will tell you the pesticide active ingredient, use
					 directions, and safety precautions.
* Each date on which pesticides will be applied.
* A contact name, address, and telephone number where you
					 can obtain further information about the pesticide application.
If you want this information in writing, we will provide it
					 free of charge before we make the application. Whether or not you ask for this
					 pre-application information, we will provide you with the following information
					 when we complete the application:
* The name and license number of the individual who made or
					 directly supervised the application.
* The name and location of the pesticide
					 application.
* The chemical name, brand name, and EPA registration
					 number of each pesticide applied.
* The amount of pesticide applied.
* The date and time of the pesticide application.
* Any post-application precautions which you should
					 observe.
* A free copy of the pesticide label (if requested).
We will notify residents of pesticide applications to
					 living areas, and will post warning signs for lawncare applications, as
					 required by law.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 29 - Pesticide Use And Control › Subchapter XI - Special Registrations And Use Authorizations › Appendix B

Current through June 24, 2024
A warning sign unders.
					 ATCP
					 29.56(4) shall contain the following
					 information, printed in the following format:
See PDF for
					 table
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter I - Definitions › Section ATCP 30.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Apply a pesticide" means to bring, or
				  attempt to bring, a pesticide into contact with a target organism or
				  site.
(2) "Department" means the
				  state of Wisconsin department of agriculture, trade and consumer
				  protection.
(3) "Distribute a
				  pesticide" means to distribute a pesticide for sale or use in this
				  state.
(4) "Environment" has the
				  meaning given in s.
				  94.67(12),
				  Stats.
(5) "Individual" means a
				  natural person.
(6) "Person" means
				  an individual, corporation, partnership, cooperative association, limited
				  liability company, trust or other organization or entity. "Person" includes a
				  county or local government entity, but does not include a state or federal
				  government entity.
(7) "Pesticide"
				  has the meaning given in s.
				  94.67(25),
				  Stats., and includes a pesticide-fertilizer mixture.
(8) "Sell" means to sell, offer for sale,
				  display for sale or hold for sale in this state.
(9) "Use" a pesticide means to mix or load a
				  pesticide, apply a pesticide, or engage in any of the following activities
				  which is related to the mixing, loading or application of a pesticide:
(a) Activities which the pesticide label
				  requires of the mixer, loader or applicator.
(b) Handling an open pesticide container,
				  other than an empty container that has been triple-rinsed or cleaned according
				  to the pesticide label.
(c)
				  Cleaning or rinsing an open pesticide container, pesticide application
				  equipment, or a mix or nurse tank.
(d) Disposing of a pesticide or pesticide
				  rinsate.
(e) Aerating or
				  ventilating spaces treated with a fumigant pesticide.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter II - Prohibited Pesticides › Section ATCP 30.05 - Prohibited pesticides

Current through June 24, 2024
(1) PROHIBITION. Except as provided under
				  sub. (2), no person may sell, distribute, purchase or use any of the following
				  pesticides in this state:
(a) DDT (DDE or
				  TDD)
(b) TDE (DDD).
(c) Endrin.
(d) Cadmium.
(e) Thallium sulfate.
(f) Aldrin.
(g) Chlordane.
(h) Dieldrin.
(i) Heptachlor.
(j) 2,4,5-Trichlorophenoxyacetic acid
				  (2,4,5-T).
(k)
				  2-(2,4,5-Trichlorophenoxy) propionic acid (silvex).
(L) Dinoseb.
(m) Kelthane.
(n) Ethyl parathion.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter III - Pesticides Requiring Special Use Permit › Section ATCP 30.10 - Pesticides requiring special use permit

Current through June 24, 2024
(1) PERMIT
				  REQUIRED. Except as provided under sub. (2), no person may purchase or use any
				  of the following pesticides without a written permit from the department:
(a) Sodium fluoroacetate (1080).
(b) Strychnine, including products containing
				  strychnine sold or purchased for use as pesticides.
(c) Any pesticide used to control insects or
				  rodents in public sewers, except when used by a commercial applicator certified
				  under s.
				  ATCP
				  29.31(11).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter IV - Pesticides Allowed Only For Certain Purposes › Section ATCP 30.15 - Pesticides allowed only for certain purposes

Current through June 24, 2024
(1) GENERAL. No
				  person may label, sell, purchase or use any pesticide identified in this
				  section except for a purpose identified in this section. This section does not
				  prohibit any of the following:
(a) Use
				  authorized by an emergency permit under s.
				  ATCP 29.70
				  or an experimental use permit under s.
				  ATCP
				  29.71.
(b)
				  The purchase, sale or use of a pesticide for bona fide laboratory research, or
				  as a bona fide laboratory standard or educational exhibit.
Note: A pesticide must be registered and labeled according
					 to ch. ATCP 29, and used according to label directions. This section does not
					 authorize any person to use a pesticide for any purpose for which that
					 pesticide is not registered and labeled.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter V - Pesticides Used To Control Bats › Section ATCP 30.19 - Pesticides used to control bats

Current through June 24, 2024
(1) PROHIBITION. No
				  person may sell, distribute or use any pesticide, other than naphthalene, for
				  the purpose of killing, injuring, repelling or affecting the behavior of bats
				  unless that person has an emergency use permit from the department under sub.
				  (2).
(2) EMERGENCY USE PERMIT. The
				  department may issue a permit, under s.
				  94.708(4),
				  Stats., authorizing the emergency use of a pesticide other than naphthalene on
				  a bat colony if a rabies outbreak or other condition in that bat colony
				  threatens the health or welfare of any person. The department shall issue the
				  emergency use permits according to the procedure specified under s.
				  ATCP 29.70.
				  The department may not issue a permit based solely on a finding of a single
				  rabid bat.
See s.
						94.708,
						Stats., which also restricts the advertising and promotion of pesticides to
						control bats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VI - Chloropicrin and Metam Sodium Pesticides › Section ATCP 30.22 - Metam sodium and chloropicrin pesticides; use restrictions

Current through June 24, 2024
(1) DEFINITIONS. In
				  this section:
(a) Chemigation" has the meaning
				  given in s.
				  ATCP 29.54(1)
				  (d).
(am) Chloropicrin pesticide" means any soil
				  fumigant or other pesticide containing chloropicrin.
(b) Metam sodium" means Sodium
				  N-Methyldithiocarbamate, also referred to as metham sodium.
(c) Metam sodium pesticide" means any soil
				  fumigant or other pesticide containing metam sodium.
(d) Public building" has the meaning given
				  under s.
				  101.01(12),
				  Stats., but does not include a residential structure.
(e) Residential structure" means a structure
				  which is used wholly or in part as a human residence, and includes all lawns,
				  grounds, facilities, and furnishings pertaining to that structure. Residential
				  structure" includes all of the following:
1. A
				  residential structure occupied on a rental basis.
2. A mobile home and the site on which it is
				  located.
3. A hotel, motel, or
				  similar premises occupied on a transient basis.
4. A hospital, nursing home, or similar
				  facility occupied by persons receiving medical care or related
				  services.
5. A prison, jail, or
				  other place of detention.
(f) Tarped application" means an application
				  to a site that is required to be covered with a tarp or other impermeable
				  barrier, as provided in sub. (4).
(g) Untarped application" means an
				  application other than a tarped application.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VII - Aldicarb Pesticides › Section ATCP 30.24 - Aldicarb use restrictions; reporting requirements

Current through June 24, 2024
(1) DEFINITIONS. As
				  used in this section:
(a) "Division" means the
				  agricultural resource management division of the department.
(b) "Point of standards application" means a
				  point of standards application as defined in s.
				  ATCP
				  31.01(13).
(c) "Prohibition area" means an area in which
				  aldicarb use is prohibited under sub. (8).
(d) "Reliable groundwater test result" means
				  an official groundwater test result as defined in s.
				  ATCP
				  31.01(8), or a groundwater test
				  result which the department determines to be reliable under s.
				  ATCP
				  31.02(2). It includes every
				  groundwater test result which was used as a basis for prohibiting aldicarb use
				  under the provisions of this section, which became effective on or after April
				  1, 1983.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.31 - General restrictions and requirements for use of atrazine

Current through June 24, 2024
(1) PROHIBITION ON
				  NON-CROP USES. Atrazine product may only be used on agricultural crops. For
				  purposes of this chapter, agricultural crops include forestry crops and tree
				  plantations. No atrazine product may be used on non-crop application sites such
				  as railroad, power line and road rights of way and industrial sites.
(2) TIMING OF APPLICATION. No atrazine
				  product may be applied to any site before April 1 or after July 31 in any
				  year.
(3) USE OF ATRAZINE WITH
				  IRRIGATION. The following restrictions apply to the use of atrazine product
				  with irrigation:
(a) Except as provided under
				  s.
				  ATCP
				  30.38(2), no person may apply
				  atrazine product through an irrigation system.
(b) No person may apply irrigation water to
				  any site to which atrazine product has been applied for a 2-year period
				  following the application of atrazine product, unless the application of
				  irrigation water is conducted in accordance with an irrigation management
				  program that does not cause the field moisture capacity in the root zone of the
				  soil being irrigated to be exceeded.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.32 - Maximum application rates

Current through June 24, 2024
Except where further restricted under ss.
					 ATCP
					 30.34 to
					 30.38, the amount of atrazine active
					 ingredient applied to any application site during any calendar year may not
					 exceed the maximum amount specified for that site under this section.
(1) Except as provided under sub. (3) or (4),
				  if at least one-fourth of the surface soil at the application site is a coarse
				  soil, the maximum amount is 0.75 lb. per acre per calendar year.
(2) Except as provided under sub. (3) or (4),
				  if less than one-fourth of the surface soil at the application site is a coarse
				  soil, the maximum amount is 1.0 lb. per acre per calendar year.
Note: The following table summarizes subs. (1) and (2). See
					 ss.
					 ATCP
					 30.34 to for additional 30.38 local restrictions. -
Surface Soil Texture
Maximum annual amounts (lbs. of atrazine
								  active ingredient per acre per year)
Atrazine applied previous
								  year
Atrazine NOT
applied previous
year
Coarse
0.75
0.75
Medium/Fine
1.0
1.5
(3)
				  If a rescue treatment is needed for a field of seed corn or sweet corn, the
				  total amount of atrazine applied to that field in that calendar year may not
				  exceed the following applicable amounts:
(a)
				  1.5 lbs. per acre per calendar year if at least one-fourth of the surface soil
				  is a coarse soil.
(b) 2.0 lbs. per
				  acre per calendar year if less than one-fourth of the surface soil is a coarse
				  soil.
Note: The following table summarizes sub. (3). See ss.
					 ATCP
					 30.34 to for additional 30.38 local
					 restrictions.
Surface Soil Texture
Maximum annual amounts (lbs.
								  of
atrazine active ingredient per
								  acre
per year) including rescue
								  treatment
Coarse
1.5
Medium/Fine
2.0
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.33 - Annual report and recommendations

Current through June 24, 2024
(1) ANNUAL REPORT.
				  The department shall provide the board with an annual report which includes
				  state groundwater test results under sub. (2) and the department's
				  recommendations under sub. (3). If the department recommends that the use of
				  atrazine be further restricted or prohibited, the department shall submit draft
				  rules to implement its recommendations, according to sub. (4).
(2) GROUNDWATER TEST RESULTS. The annual
				  report under sub. (1) shall indicate the results of statewide groundwater tests
				  for atrazine and its metabolites. The report shall indicate all groundwater
				  test results that equal or exceed the preventive action limit for atrazine, and
				  all results that equal or exceed the enforcement standard for atrazine. The
				  report shall also discuss the results of the department's investigations
				  related to atrazine in groundwater, significant trends or developments related
				  to atrazine in groundwater, and other information which the department
				  considers relevant to the regulation of atrazine.
(3) RECOMMENDATIONS. Based on groundwater
				  test results and other relevant information, the department shall annually
				  evaluate its restrictions on the use of atrazine. As part of its annual report
				  under sub. (1), the department shall recommend further restrictions on atrazine
				  use which the department considers necessary, pursuant to ch. ATCP 31 and this
				  chapter. This may include recommendations for any of the following:
(a) Statewide restrictions or prohibitions
				  against the use of atrazine.
(b)
				  Atrazine management areas under s.
				  ATCP
				  30.34.
(c)
				  Atrazine prohibition areas under ss.
				  ATCP
				  30.35 to
				  30.38.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.34 - Creation of atrazine management areas

Current through June 24, 2024
(1) AUTHORITY. In
				  addition to any other restrictions under this chapter or ch. ATCP 31, the
				  department may, by rule, restrict the use of atrazine product in atrazine
				  management areas designated according to this section.
(2) CRITERIA. The department shall create an
				  atrazine management area whenever it determines that supplementary atrazine use
				  restrictions are appropriate in that area to prevent or minimize atrazine
				  contamination of groundwater. The department may consider the following
				  factors, among others, in determining whether to create atrazine management
				  areas:
(a) The frequency of atrazine
				  detections in reliable groundwater test samples taken from a geographically
				  proximate area.
(b) The frequency
				  of atrazine detections over the preventive action limit or over the enforcement
				  standard in reliable groundwater samples taken from a geographically proximate
				  area.
(c) The finding of an
				  elevated mean or median concentration of atrazine in reliable groundwater
				  samples taken from a geographically proximate area, as compared to statewide
				  concentrations.
(d) Results of
				  analysis of reliable groundwater samples from monitoring wells in areas with
				  known atrazine use histories.
(e)
				  The uniformity of hydrogeologic characteristics in a geographically proximate
				  area.
(f) Research results
				  indicating susceptibility of the groundwater to atrazine contamination in a
				  geographically proximate area.
(g)
				  Technical or economic factors which are specific to a geographically proximate
				  area.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.35 - Creating prohibition areas

Current through June 24, 2024
The department may prohibit use of atrazine products in any
					 manner authorized under ss.
					 94.67 to
					 94.71,
					 Stats., or under ch. 160, Stats., including the following:
(1) SITE-SPECIFIC PROHIBITIONS. The
				  department may prohibit the use of atrazine products on a site-specific basis
				  under ss.
				  ATCP
				  31.07 and and 31.08(1) (2).
(2) STATEWIDE OR REGIONAL PROHIBITIONS. The
				  department may prohibit the use of atrazine products on a statewide or regional
				  basis under s.
				  ATCP
				  31.08(3).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.36 - Mixing and loading prohibited

Current through June 24, 2024
No person may mix or load any atrazine product in a
					 prohibition area identified under s.
					 ATCP 30.37
					 unless the mixing and loading is conducted over a spill containment surface
					 which complies with s.
					 ATCP
					 29.45.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.37 - Prohibition areas

Current through June 24, 2024
No person may apply any atrazine product in any of the
					 following prohibition areas:
(1) The
				  lower Wisconsin river valley except that atrazine may be applied to medium- and
				  fine-textured soils in Township 9 North, Range 1 West, sections 27, 28, 29, 30,
				  31, 32, 33 and 34 and Township 9 North, Range 2 West, sections 25, 26, 27, 28,
				  32, 33, 34, 35 and 36 in compliance with ss.
				  ATCP
				  30.31 and
				  30.32
(2) Any of the prohibition areas identified
				  in Appendix A.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.375 - Repealing prohibition areas

Current through June 24, 2024
The department may repeal or reduce the size of a
					 prohibition area under s.
					 ATCP 30.37 if
					 all the following conditions are met:
(1) Tests on at least 3 consecutive
				  groundwater samples, drawn from each well site in the prohibition area at which
				  the concentration of atrazine and its metabolites previously attained or
				  exceeded the enforcement standard under s.
				  NR
				  140.10, show that the concentration at that well site
				  has fallen to and remains at not more than 50% of the enforcement standard. The
				  3 consecutive samples shall be collected at each well site at intervals of at
				  least 6 months, with the first sample being collected at least 6 months after
				  the effective date of the prohibition. A monitoring well approved by the
				  department may be substituted for any well site which is no longer available
				  for testing.
(2) Tests conducted at
				  other well sites in the prohibition area during the same retesting period, if
				  any, reveal no other concentrations of atrazine and its metabolites that exceed
				  50% of the enforcement standard under s.
				  NR
				  140.10.
(3) The department determines, based on
				  credible scientific evidence, that renewed use of atrazine products in the
				  prohibition area is not likely to cause a renewed violation of the enforcement
				  standard.
The department may reinstate a repealed prohibition area
						if groundwater testing at a point of standards application shows an increasing
						trend of atrazine contamination, suggesting that contamination may again attain
						or exceed the enforcement standard.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 30 - Pesticide Product Restrictions › Subchapter VIII - Atrazine Pesticides › Section ATCP 30.38 - Exemptions

Current through June 24, 2024
(1) RESEARCH EXEMPTION. Notwithstanding any
				  provision of this chapter, the department may issue a written permit
				  authorizing the use of atrazine for bona fide research purposes. An applicant
				  for a research permit shall apply to the department in writing. The application
				  shall describe the proposed research, and the amounts and locations of proposed
				  atrazine applications. The department may require an applicant to file other
				  information which the department considers necessary for its review of the
				  application.
(2) LAND SPREADING
				  SOILS AND WATER.
(a) Notwithstanding any
				  provision of this chapter, the department may issue a written permit
				  authorizing any person to land spread soils or water containing residues of
				  atrazine or its metabolites in order to remedy soil or water contamination.
				  Authorization, if any, shall be given in writing. The amount of atrazine and
				  atrazine metabolites applied to a site by means of land spreading may not
				  exceed the amount of atrazine active ingredient permitted under s.
				  ATCP
				  30.32.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Activity subject to department
				regulation" means:
(a) The bulk storage of
				fertilizer or pesticides, to the extent that the bulk storage is subject to
				possible regulation by the department under s.
				94.645,
				Stats.
(b) Pesticide use, to the
				extent that the pesticide use is subject to possible regulation by the
				department under ss.
				94.67
				through
				94.71,
				Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.02 - Groundwater test results; use by department

Current through June 24, 2024
(1) USE OF OFFICIAL
				GROUNDWATER TEST RESULTS. An official groundwater test result is presumed to be
				reliable for purposes of regulatory or enforcement action under this chapter
				whether or not the department collected or analyzed the official groundwater
				sample.
(2) USE OF UNOFFICIAL
				GROUNDWATER TEST RESULTS. A regulatory or enforcement action under this chapter
				may be based on a groundwater test result which is not an official groundwater
				test result only if the department determines that the unofficial groundwater
				test result is reliable for purposes of the regulatory or enforcement action.
Note: If an unofficial groundwater sample is not determined
				  to be reliable for purposes of regulatory or enforcement action under this
				  chapter, the department may nevertheless:
1. Refer the unofficial groundwater test
				result to the department of natural resources, with or without a recommendation
				for official sampling and testing.
2. Inform affected persons of the unofficial
				groundwater test result.
3. Refer
				the unofficial groundwater test result to state or local health authorities,
				and to county agricultural extension agents.
4. Initiate further investigation or research
				related to the unofficial groundwater sample result.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.03 - Points of standards application

Current through June 24, 2024
(1) To determine
				whether an enforcement standard or preventive action limit for a fertilizer
				substance or pesticide substance has been attained or exceeded, the
				concentration of the fertilizer substance or pesticide substance shall be
				measured at a point of standards application. Except as otherwise provided in
				this section, points of standards application for fertilizer substances and
				pesticide substances include:
(a) A community
				water system covered under ch. NR 811.
(b) A private water supply, high capacity
				water system, school water system or public water system covered under ch. NR
				812.
(c) A monitoring well or other
				groundwater sample source, regardless of whether the well or source is covered
				under par. (a) or (b), if the well or source is reasonably designed and of
				adequate depth to permit the collection of representative groundwater samples.
(d) A monitoring well approved by
				the department under s.
				ATCP 31.08(4)
				(a) 1. as a substitute for another point of
				standards application which is no longer available for
				testing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.04 - Preliminary investigation based on groundwater sample test results

Current through June 24, 2024
(1) Upon
				receipt of groundwater test results indicating the presence of a fertilizer
				substance or pesticide substance in groundwater, the department shall undertake
				a preliminary investigation to determine whether the presence of the fertilizer
				substance or pesticide substance may have resulted from, or may be affected by
				an activity subject to department regulation. The department may investigate on
				the basis of unofficial groundwater test results if the test results are
				sufficiently reliable to warrant investigation.
(2) If, upon preliminary investigation, the
				department finds that the presence of a fertilizer substance or pesticide
				substance in groundwater has resulted from, or may be affected by an activity
				subject to department regulation, the department shall investigate to
				determine:
(a) Whether the presence of the
				fertilizer substance or pesticide substance in groundwater has resulted from a
				violation of an existing statute, rule or order administered by the department
				under s.
				94.645,
				Stats., or ss.
				94.67
				through
				94.71,
				Stats.
(b) Whether the
				concentration of the fertilizer substance or pesticide substance attains or
				exceeds an enforcement standard or preventive action limit.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.05 - Violation of existing statute or rule; enforcement options

Current through June 24, 2024
(1) FERTILIZER AND
				PESTICIDE BULK STORAGE; VIOLATION OF EXISTING RULES. If, upon investigation
				under s.
				ATCP
				31.04(2), the department finds that
				the concentration of a fertilizer substance or pesticide substance in
				groundwater has resulted from a violation of rules adopted by the department
				under s.
				94.645,
				Stats., the department may proceed against the violator using any of the
				following enforcement options, even if the concentration does not exceed an
				enforcement standard or preventive action limit:
(a) A court action to recover a civil
				forfeiture from the violator, as provided under s.
				94.645(5),
				Stats.
(b) An administrative
				special order proceeding, as provided under s.
				94.645(4)
				(a), Stats. Upon violation of a department
				special order issued under s.
				94.645(4)
				(a), Stats., the department may seek an
				injunction under s.
				94.645(4)
				(b), Stats., or a civil forfeiture under s.
				94.645(5),
				Stats.
(c) A warning notice under
				s.
				93.06(10),
				Stats.
Note: Rules adopted under s.
				  94.645,
				  Stats., to regulate fertilizer bulk storage are contained in ch. ATCP 33. Rules
				  adopted under s.
				  94.645,
				  Stats., to regulate pesticide bulk storage are contained in ch. ATCP 33.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 31 - Groundwater protection program › Section ATCP 31.06 - Fertilizer or pesticide bulk storage; groundwater contamination exceeding enforcement standard or preventive action limit; regulatory options

Current through June 24, 2024
(1) RULEMAKING. If,
				upon investigation under s.
				ATCP
				31.04(2), the department finds that
				the concentration of a fertilizer substance or 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 bulk
				fertilizer or bulk pesticide storage activities which are not currently
				regulated by the department, the department shall review its rules adopted
				under s.
				94.645,
				Stats., to determine whether the rules should be amended pursuant to s.
				160.19,
				Stats. Rule amendments, if any, shall be general in application, and may not be
				limited in their application to a single bulk fertilizer or bulk pesticide
				storage facility.
Note: Rules adopted under s.
				  94.645,
				  Stats., to regulate fertilizer bulk storage are contained in ch. ATCP 33. Rules
				  adopted under s.
				  94.645,
				  Stats., to regulate pesticide bulk storage are contained in ch. ATCP 33.
(2) SPECIAL ORDERS; STATUTORY
				LIMITATIONS ON USE. The department may not regulate the storage of bulk
				fertilizer or bulk pesticides by special order under s.
				94.645(4)
				(a), Stats., except to prohibit or correct a
				violation of existing rules under s.
				94.645,
				Stats. This does not prevent the department from regulating the storage or
				other use of bulk pesticides by special order under s.
				94.71(3)
				(c), Stats., and this chapter, whether or not
				the storage or use violates existing rules under s.
				94.645,
				Stats.
If groundwater contamination is related to fertilizer bulk
					 storage, but the department is unable to respond by rule or special order, the
					 department may refer the matter to the department of natural resources for
					 possible site-specific action under ch. 292,
					 Stats.