Wisconsin Administrative Code

ATCP 29.48 Pesticide spills. (1) CLEANUP. In order to minimize hazards to persons, property and the environment, a person who spills a pesticide shall immediately take appropriate measures to contain the spill, recover the spilled pesticide, and clean surfaces exposed to the spil…

ATCP 29.50 Pesticide use; general. (1) NEGLIGENT USE. No person may do any of the following: (a) Use or direct the use of a pesticide in a negligent manner, or in a manner inconsistent with the pesticide label. (b) Use or direct the use of a pesticide for a purpose for which the …

ATCP 29.51 Advance notice of pesticide applications. (1) PESTICIDES HIGHLY TOXIC TO BEES. (a) At least 24 hours before a pesticide labeled XHighly Toxic to BeesY or containing the active ingredient methomyl is applied to any site, the person who owns or controls that application …

ATCP 29.52 Warning signs at application sites. (1) AGRICULTURAL PESTICIDE APPLICATIONS; WARNING TO PUBLIC. (a) A responsible person under par. (b) shall post warning signs at a site where a dual notice agricultural pesticide is applied for agricultural purposes if that site is lo…

ATCP 29.53 Aerial applications. (1) AIRCRAFT. Aircraft used to apply pesticides shall comply with, and be operated according to, applicable regulations of the federal aviation administration and the Wisconsin department of transportation. Note: See certification requirements for …

ATCP 29.54 Chemigation. (1) DEFINITIONS. In this section: (a) XAgricultural chemigation systemY means a chemigation system that mixes pesticides with irrigated water and applies the pesticides with the irrigation water in an agricultural setting. (am) XAutomatic low pressure drai…

ATCP 29.55 Commercial applications to residential structures. (1) DEFINITIONS. In this section: (a) XCommon areaY means an area in a residential structure that is accessible to residents but is not part of any individual dwelling unit. (b) XDwelling unitY means that portion of a …

ATCP 29.56 Landscape applications. (1) DEFINI- TIONS. In this section: (a) XDivisionY means the agricultural resource management division of the department. (b) XCemetery grounds managerY means the person responsible for on-site management of cemetery grounds. (c) XGolf course su…

ATCP 29.57 Seed applications. (1) DEFINITION. In this section, Xpesticide-treated seedY means seed, intended for planting or propagation, that is treated with a pesticide for the purpose of providing post-planting protection to the seed or seedling. (2) PLANTING PESTICIDE-TREATED…

ATCP 29.58 Rodenticide bait station. (1) A person licensed under s. ATCP 29.20 or certified under s. ATCP 29.31 (11) who uses a rodenticide bait station shall mark it with the following information: (a) The name of the person responsible for maintaining the rodenticide bait stati…

ATCP 29.60 Definitions. In this subchapter: (1) XAgricultural employerY 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) XAgricultural emergencyY m…

ATCP 29.61 Worker protection; general. 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 …

ATCP 29.62 Worker protection warning signs. (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 ag…

ATCP 29.63 Agricultural emergencies; early entry by workers. (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) T…

ATCP 29.64 Training handlers. (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 s…

ATCP 29.65 Training agricultural workers. (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…

ATCP 29.70 Emergency use permits. (1) AUTHORThe 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 c…

ATCP 29.71 Experimental use permits. (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…

ATCP 29.72 Special local needs registrations. (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 sha…

ATCP 3.01 Definitions. (1) XActionY means action taken by the department including proposed legislation. It may include actions whereby the department, by means of licenses, permits, rules or orders, affirmatively authorizes other persons to engage in activities which would other…

ATCP 3.03 Environmental impact statements. (1) ACTIONS REQUIRING AN ENVIRONMENTAL IMPACT STATEMENT. (a) General requirement. An environmental impact statement shall be prepared in connection with a proposed action if the department determines, on the basis of an environmental ass…

ATCP 3.04 Public hearing on proposed action. (1) GENERAL HEARING REQUIREMENT; EXCEPTIONS. Whenever the department determines that a proposed action is a major action significantly affecting the quality of the human environment within the meaning of s. 1.11 (2) (c), Stats., it sha…

ATCP 3.05 Information required by department. Persons requesting department action in the form of a license, permit, or other individual authorization from the department may be required to submit information, if reasonably needed by the department, for the preparation of any env…

ATCP 3.06 Availability of documents; filing. All environmental assessments, and all draft and final environmental impact statements shall be kept on permanent file and be available for public inspection and copying at the department, except as otherwise provided under subch. II o…

ATCP 3.07 Authority. This chapter is adopted under authority of ss. 227.11 and 93.07 (1), Stats., and interprets s. 1.11, Stats. History: Cr. Register, November, 1986, No. 371, eff. 12-1-86. Subchapter II — Licensing

ATCP 3.10 Definitions. In this subchapter: (1) XDepartmentY means the Wisconsin department of agriculture, trade and consumer protection. (2) XLicenseY means any permit, certificate, registration or license issued by the department. Note: See s. 93.06 (1n) and (7), Stats.

ATCP 3.11 Licenses; electronic processing fees. The department may charge a processing fee of $3 for each transaction under s. 93.06 (1n), Stats., to cover the department[s electronic processing costs. The fees under this section are in addition to any other fees required to be p…

ATCP 30.01 Definitions. Subchapter VII — Aldicarb Pesticides

ATCP 30.05 Prohibited pesticides. Subchapter VIII — Atrazine Pesticides

ATCP 30.10 Pesticides requiring special use permit. Subchapter IV — Pesticides Allowed Only For Certain Purposes

ATCP 30.15 Pesticides allowed only for certain purposes. Subchapter V — Pesticides Used To Control Bats

ATCP 30.19 Pesticides used to control bats. Subchapter VI — Chloropicrin and Metam Sodium Pesticides

ATCP 30.22 Metam sodium and chloropicrin pesticides; use restrictions. Note: Chapter Ag 30 was renumbered chapter ATCP 30 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Note: Pesticide products are registered and labeled for certain uses, and must be used acc…

ATCP 30.24 Aldicarb use restrictions; reporting requirements. Subchapter II — Prohibited Pesticides

ATCP 30.30 Definitions.

ATCP 30.31 General restrictions and requirements for use of atrazine.

ATCP 30.32 Maximum application rates.

ATCP 30.33 Annual report and recommendations.

ATCP 30.34 Creation of atrazine management areas.

ATCP 30.35 Creating prohibition areas.

ATCP 30.36 Mixing and loading prohibited.

ATCP 30.37 Prohibition areas.

ATCP 30.375 Repealing prohibition areas.

ATCP 30.38 Exemptions. Subchapter III — Pesticides Requiring Special Use Permit

ATCP 31.01 Definitions. As used in this chapter: (1) XActivity subject to department regulationY 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 …

ATCP 31.02 Groundwater test results; use by department. (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 anal…

ATCP 31.03 Points of standards application. (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 m…

ATCP 31.04 Preliminary investigation based on groundwater sample test results. (1) Upon receipt of groundwater test results indicating the presence of a fertilizer substance or pesticide substance in groundwater, the department ATCP 31.05 shall undertake a preliminary investigati…

ATCP 31.05 Violation of existing statute or rule; enforcement options. (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 substa…

ATCP 31.06 Fertilizer or pesticide bulk storage; groundwater contamination exceeding enforcement standard or preventive action limit; regulatory options. (1) RULEMAKING. If, upon investigation under s. ATCP 31.04 (2), the department finds that the concentration of a fertilizer su…