Wisconsin Administrative Code

ATCP 31.07 Pesticide use; groundwater contamination exceeding enforcement standard or preventive action limit; site-specific response. (1) SITE-SPECIFIC RESPONSE; GENERAL. If, upon investigation under s. ATCP 31.04 (2), the department finds that the concentration of a pesticide s…

ATCP 31.08 Prohibitions against pesticide use.

ATCP 31.09 Rulemaking to control pesticide contamination of groundwater; general. 94.645, 94.69, 160.19, or 160.21, Stats. In the exercise of its rulemaking authority, the department may consider any information which may be relevant to the rulemaking proceeding, whether or not t…

ATCP 33.01 Definitions.

ATCP 33.02 Variances. Subchapter II — Construction Plans and Siting

ATCP 33.10 Construction plans.

ATCP 33.12 Storage facility siting.

ATCP 33.14 Water supply protection. Subchapter III — Storage Containers and Related Structures

ATCP 33.20 Liquid fertilizer and pesticide storage containers.

ATCP 33.22 Dry fertilizer or pesticide storage structures. Subchapter IV — Mixing and Loading Pads

ATCP 33.30 Mixing and loading pads required.

ATCP 33.32 Mixing and loading pad for liquid products.

ATCP 33.34 Mixing and loading pad for dry products. Subchapter VI — Secondary Containment Structures

ATCP 33.36 Sumps; general.

ATCP 33.38 Sump construction. Subchapter X — Records and Reports

ATCP 33.40 Secondary containment required.

ATCP 33.42 Secondary containment structures; standards.

ATCP 33.44 Secondary containment structures; forms of construction. Subchapter VII — Discharges and Precipitation

ATCP 33.50 Available pump and storage container.

ATCP 33.52 Discharges and precipitation.

ATCP 33.54 Managing recovered discharges, rinsate and collected precipitation.

ATCP 33.56 Use and disposal of recovered material.

ATCP 33.58 Discharge response preparedness. Subchapter VIII — Transportation and Handling Practices

ATCP 33.60 Transporting bulk fertilizer and bulk pesticide.

ATCP 33.62 Dust control in dry product loading. Subchapter IX — Environmental Assessments

ATCP 33.70 Environmental assessments. Subchapter V — Sumps

ATCP 33.80 Records.

ATCP 33.82 Real estate sale or lease; disclosure. Note: Chapter 33 as it existed on October 31, 2006, was repealed and a new chapter 33 was created effective November 1, 2006. Note: Chapter ATCP 29 contains general rules related to the manufacture, storage, labeling, distribution…

ATCP 34.01 Purpose. 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. Note: Funds for the grant p…

ATCP 34.02 Definitions. In this chapter: (1) XAgricultural producerY means a person who produces agricultural commodities on land that the person owns or controls. (2) XARM division administratorY means the administrator of the department[s agricultural resource management divisi…

ATCP 34.04 Grants to counties and municipalities. (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. Unw…

ATCP 34.06 Grant applications. (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, …

ATCP 34.08 Evaluating grant applications. (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 applicati…

ATCP 34.10 Grant awards. (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. …

ATCP 34.12 Grant contracts. (1) GENERAL. The department shall enter into a written grant contract with each grant recipient, specifying the terms and conditions of the grant. No grant award under s. ATCP 34.10 is final until the grant contract is signed. The contract may incorpor…

ATCP 34.14 Collecting waste pesticides from very small quantity generators. A county may collect waste pesticides and other department-approved farm chemical wastes from a very small quantity generator who is not an agricultural producer, provided that all of the following apply:…

ATCP 34.16 Hazardous waste. (1) COUNTY OR MUNICIPALITY RESPONSIBLE AS WASTE GENERATOR. (a) Except as provided in par. (b) or (c), a grant recipient shall take responsibility, as a hazardous waste generator under the resource conservation and recovery act, for hazardous waste, as …

ATCP 34.18 Reports and payments. (1) FINAL REPORT. A grant recipient shall provide the department with a final report on a clean sweep project within 60 days after the grant recipient completes the project. The department may grant an extension, not to exceed 45 days, if requeste…

ATCP 34.20 Contract termination for cause. (1) The department may terminate a clean sweep grant contract, and withhold some or all contract payments, if the department finds that the grant recipient or the grant recipient[s agent has done any of the following: (a) Violated this c…

ATCP 35.01 Definitions. In this chapter: (1) XActive groundwater remediationY means active physical, biological or chemical manipulation of groundwater, or of the rock or soil media in which groundwater is situated, for the purpose of reducing the amount of agricultural chemical …

ATCP 35.02 Corrective action order. (1) GENERAL. The department may issue an order requiring a responsible person to take a corrective action. An order under this subsection shall include all of the following: (a) The name and address of the responsible person. (b) A description …

ATCP 35.03 Landspreading. (1) SOIL. (a) No person may landspread soil that is removed from a discharge site, and contains an agricultural chemical, unless the department issues to that person a permit authorizing that landspreading. Landspreading shall comply with conditions that…

ATCP 35.04 Costs eligible for reimbursement. Subject to the provisions of this chapter, the department shall reimburse a responsible person for the following corrective action costs, and no others: (1) The cost of qualified professional services needed for the effective planning …

ATCP 35.06 Application for reimbursement. (1) APPLICATION REQUIRED. A responsible person who seeks reimbursement of corrective action costs shall complete and submit to the department all of the following: (a) An Xapplication cover sheetY containing all of the following: 1. The r…

ATCP 35.08 Department action on reimbursement application. (1) PRELIMINARY OPINION. The department may issue a preliminary opinion on whether an applicant is eligible for reimbursement of corrective action costs. The preliminary opinion is not binding on the department. (2) NOTIC…

ATCP 35.10 Responsible person; eligibility for reimbursement. A responsible person is not eligible for reimbursement of corrective action costs unless all of the following requirements are met: (1) The responsible person files with the department, by October 14, 2000 or within 3 …

ATCP 35.12 Corrective actions not eligible for reimbursement. The department may not reimburse a responsible person for a corrective action that is any of the following: (1) Taken in response to a discharge that is an intentional use of an agricultural chemical for an agricultura…

ATCP 35.14 Costs not eligible for reimbursement. The department may not reimburse a responsible person for any of the following: (1) Costs that are not eligible for reimbursement under s. ATCP 35.04. (2) Indirect costs charged by a contractor unless those costs are allocated to t…

ATCP 35.16 Contract services. (1) GENERAL REQUIREMENT. Except as provided in sub. (8), the department may not reimburse a responsible person for the cost of a contract service unless the responsible person contracts that service according to subs. (2) to (7). (2) BIDS AND ESTIMAT…

ATCP 35.18 Reimbursement conditions. (1) WORKPLAN REQUIRED. (a) Except as provided in par. (b) or (c), the department may not reimburse a responsible person for eligible corrective action costs exceeding $7,500 unless the department approves a written workplan for the corrective …