ATCP 29.41(3)
(3) Retail sales of landscape pesticides. No person may sell at retail, to any person other than a certified commercial applicator, any landscape pesticide as defined in
s. ATCP 29.56 (1) (f) unless that person displays all of the following items at the point of sale and offers them to the buyer at no additional charge at the time of sale:
ATCP 29.41(3)(a)
(a) Warning signs containing the information shown in Appendix F. Each warning sign shall be all of the following:
ATCP 29.41(3)(a)2.
2. Professionally printed in red lettering, on a white background, according to the format shown in Appendix F. A warning sign may contain supplementary information beyond that shown in Appendix F if the information is consistent with and does not detract from that shown in Appendix F.
ATCP 29.41(3)(a)3.
3. Constructed so that it remains clearly legible for at least 72 hours after it is posted, despite reasonably foreseeable adverse weather conditions.
ATCP 29.41(3)(b)
(b) Pesticide information sheets which are identical to that shown in Appendix G.
ATCP 29.41 Note
Note: See also subch. IV related to pesticide dealers and distributors.
ATCP 29.41 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.45
ATCP 29.45
Pesticide mixing and loading; spill containment. ATCP 29.45(1)(1)
Spill containment required. Except as provided under
sub. (2), no person may mix or load a pesticide at any of the following sites unless the mixing or loading operation is conducted over a spill containment surface that complies with this section:
ATCP 29.45(1)(a)
(a) A site located within 100 feet of any well or surface water.
ATCP 29.45(1)(b)
(b) A site, or a group of jointly owned or operated sites located within 1/2 mile of each other, at which a total of more than 1,500 pounds of dry or liquid pesticide active ingredients are mixed or loaded in any calendar year. Pesticide active ingredients under this paragraph include those contained in pesticide-fertilizer mixtures.
ATCP 29.45(2)
(2) Exemptions. Subsection (1) does not apply to any of the following:
ATCP 29.45(2)(a)
(a) Applying a pesticide to the waters of the state, according to
ch. NR 107, in order to manage or control aquatic organisms.
ATCP 29.45(2)(b)
(b) Mixing or loading a pesticide into application equipment having a total capacity of 5 gallons or less of liquid pesticide, or 50 pounds or less of nonliquid pesticide.
ATCP 29.45(2)(c)
(c) Mixing or loading a pesticide at a site that is at or immediately adjacent to the pesticide application site and at least 100 feet from any well or surface water.
ATCP 29.45(3)
(3) Spill containment surface; general. A spill containment surface under
sub. (1) shall comply with all of the following:
ATCP 29.45(3)(a)
(a) It shall be designed to catch and contain all reasonably foreseeable spills of pesticides mixed or loaded over that spill containment surface.
ATCP 29.45(3)(b)
(b) It shall be made of asphalt, concrete or other nonabsorbent materials approved by the department, and shall be strong enough to withstand all foreseeable loading conditions.
ATCP 29.45 Note
Note: The department will maintain a list of approved paving and lining materials for various pesticide compounds, and will provide the current list to interested persons upon request. Additional materials may be approved and added to this list if the person requesting approval provides the department with information demonstrating the adequacy of the materials under intended conditions of use. Persons seeking approval should provide information related to chemical compatibility, permeability, physical characteristics and durability. A tarpaulin may be used as a spill containment surface for nonliquid pesticides if it complies with this subsection.
ATCP 29.45(3)(c)
(c) It shall extend beneath the pesticide load-out conveyor, if any, unless the load-out conveyor is fully enclosed within a housing that is adequate to contain all spillage from the conveyor.
ATCP 29.45(4)(a)(a) The spill containment surface under
sub. (1) shall meet all of the following requirements if any liquid pesticide is mixed or loaded over that surface:
ATCP 29.45(4)(a)1.
1. It shall be curbed or sloped to contain spillage, and to prevent liquids from adjacent surfaces from flowing onto it.
ATCP 29.45(4)(a)2.
2. It shall form or drain into a liquid-tight catch basin that meets the capacity requirements under
sub. (5).
ATCP 29.45(4)(b)
(b) A tarpaulin may not be used as a spill containment surface for liquid pesticides.
ATCP 29.45(4)(c)
(c) A pesticide mixed with a liquid carrier is considered a liquid pesticide under this subsection. The impregnation of a nonliquid fertilizer with a liquid pesticide does not constitute the mixing or loading of a liquid pesticide under this subsection.
ATCP 29.45(5)(a)(a) Except as provided under
par. (b), the catch basin under
sub. (4) (a) 2. shall have an available capacity of at least 1,500 gallons. To attain this required capacity, the catch basin may include a sump equipped with an automatically activated pump that transfers liquids to an above-ground container.
ATCP 29.45(5)(b)
(b) If no pesticide is transferred to or from a container larger than 1,000 gallons, the available capacity of the catch basin under
sub. (4) (a) 2. shall be at least 125% of the capacity of the largest container loaded or unloaded at the site. A container under this paragraph includes a container carried on pesticide application equipment.
ATCP 29.45(6)
(6) Recovery of discharges. Pesticides spilled or intentionally released onto a spill containment surface under
sub. (1) shall be promptly recovered from the spill containment surface or from the catch basin to which it drains.
ATCP 29.45 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.46
ATCP 29.46
Mixing or loading near surface waters. ATCP 29.46(1)(1)
Prohibitions. Except as provided under
sub. (2), no person may do any of the following:
ATCP 29.46(1)(a)
(a) Immerse any pesticide application equipment, mix tank or nurse tank in the waters of the state.
ATCP 29.46(1)(b)
(b) Fill any pesticide application equipment, mix tank or nurse tank from the waters of the state.
ATCP 29.46(1)(c)
(c) Clean or fill any pesticide application equipment, mix tank or nurse tank near the surface waters of the state, or near any well site, if pesticide spillage or overflow may contaminate waters of the state.
ATCP 29.46(2)
(2) Exemptions. Subsection (1) does not prohibit any of the following:
ATCP 29.46(2)(a)
(a) Filling pesticide application equipment, or a mix or nurse tank, from a well or discharge outlet that is fully protected against backflow and backsiphonage under
s. SPS 382.41. The air gap from the supply outlet to the equipment being filled shall be at least twice the effective opening of the supply outlet, but not less than one inch.
ATCP 29.46(2)(b)
(b) Filling or cleaning pesticide application equipment, or a mix or nurse tank, over a spill containment surface that complies with
s. ATCP 29.45.
ATCP 29.46(2)(d)
(d) Filling a water supply tank from surface waters if the water supply tank is used only to carry water. If the vehicle carrying the water supply tank also carries a pesticide container, the pesticide container must remain at least 8 feet from the surface water while the water supply tank is being filled.
ATCP 29.46(2)(e)
(e) Making an aquatic pesticide application according to
ch. NR 107, or filling a water supply tank from surface waters for that application.
ATCP 29.46 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (a) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
ATCP 29.47
ATCP 29.47
Disposal of pesticides and pesticide containers. ATCP 29.47(1)(1)
General. No person may dispose of any pesticide or pesticide container, or hold any pesticide or pesticide container for disposal, in a manner that is inconsistent with label directions, that risks contaminating the waters of the state, or that creates a hazard to persons, property or the environment.
ATCP 29.47(2)
(2) Reuse prohibited. No person may reuse a pesticide container for any purpose. This subsection does not prohibit any of the following:
ATCP 29.47(2)(a)
(a) Recycling a container for scrap in compliance with applicable law.
ATCP 29.47(2)(b)
(b) Reusing, in compliance with label directions, a pesticide container that is designed to be reused.
ATCP 29.47(2)(c)
(c) Returning a pesticide container to a pesticide manufacturer or seller who has agreed to receive that container.
ATCP 29.47(2)(d)
(d) Temporarily reusing a pesticide container to hold the same pesticide recovered from a leaking or damaged pesticide container.
ATCP 29.47 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.48(1)(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 spilled pesticide.
ATCP 29.48(2)
(2) Reporting. A person who spills a pesticide shall immediately notify the department of natural resources as required by s.
292.11, Stats.
ATCP 29.48 Note
Note: The spill hotline for the department of natural resources is 1-800-943-0003. Ch.
NR 706 specifies reportable spill amounts for all agricultural chemicals including pesticides. The department of agriculture, trade and consumer protection administers an agricultural chemical cleanup program under s.
94.73, Stats., and ch.
ATCP 35, and can reimburse certain cleanup costs. You may contact the department's spill response coordinator by calling 608-224-4500.
ATCP 29.48(3)
(3) Storing spilled pesticide and rinsate.
No spilled pesticides or spilled materials containing pesticides may be stored below ground level. Pesticide spills or rinsate stored in containers having a capacity of more than 55 gallons of liquid or 100 pounds of dry material shall be stored in compliance with
ch. ATCP 33.
ATCP 29.48 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.50(1)
(1)
Negligent use. No person may do any of the following:
ATCP 29.50(1)(a)
(a) Use or direct the use of a pesticide in a negligent manner, or in a manner inconsistent with the pesticide label.
ATCP 29.50(1)(b)
(b) Use or direct the use of a pesticide for a purpose for which the pesticide is not registered or labeled under subch.
II.
ATCP 29.50(2)(a)(a) No person may use or direct the use of a pesticide in a manner that results in pesticide overspray or significant pesticide drift. This paragraph does not apply to mosquito control applications, made by or under the direction of a governmental entity for public health purposes, that use proper mosquito control application methods.
ATCP 29.50 Note
Note: See definitions of "pesticide drift" and "pesticide overspray" under s.
ATCP 29.01 (29) and
(30).
ATCP 29.50(2)(b)
(b) The application of pesticide outside the target application site is presumed to be the result of pesticide drift unless there is evidence of pesticide overspray.
ATCP 29.50(2)(c)
(c) Pesticide drift is significant, under
par. (a), if there is credible evidence that it has moved outside the target application site in any of the following amounts:
ATCP 29.50(2)(c)1.
1. Amounts that cause actual harm to persons, property or the environment.
ATCP 29.50(2)(c)2.
2. Amounts that could potentially harm persons, property or the environment under any reasonably foreseeable circumstances, regardless of whether an actual exposure or harm has occurred.
ATCP 29.50(3)(a)(a) No person may harvest an agricultural commodity from a pesticide application site during the preharvest interval specified for that commodity on the pesticide label.
ATCP 29.50(3)(b)
(b) No person controlling a pesticide application site may direct or permit an agricultural commodity to be harvested from that site in violation of
par. (a).
ATCP 29.50(4)(a)(a) Except as provided under
par. (b), no person may do either of the following:
ATCP 29.50(4)(a)1.
1. Cause a pesticide to enter the waters of the state, either directly or through a sewer system.
ATCP 29.50(4)(a)2.
2. Use a pesticide in any manner which the user knows or should know will result in contamination of the waters of the state.
ATCP 29.50(4)(b)1.
1. The use of germicides, sanitizers, disinfectants, algaecides or slimicides according to label directions.
ATCP 29.50(4)(b)2.
2. Fish management, mosquito abatement or other water applications made under the supervision or rules of the department of natural resources.
ATCP 29.50 Note
Note: See ch.
NR 107.
ATCP 29.50(4)(b)3.
3. The application of pesticides according to label directions to control roots, insects or rodents in sewers.
ATCP 29.50(4)(b)4.
4. The incidental application of pesticides to temporary rain puddles on target application sites.
ATCP 29.50(4)(b)5.
5. Unforeseeable leaching or runoff of a pesticide applied according to label directions.
ATCP 29.50(5)(a)(a) Except as provided under
par. (b), no person may use, furnish, lease or sell pesticide application equipment that is clogged, unclean, leaking or in disrepair, or that cannot be properly calibrated to apply pesticides at the rate specified on the pesticide label.
ATCP 29.50(5)(b)
(b) Paragraph (a) does not prohibit the sale of pesticide application equipment that is clogged, unclean, leaking or in disrepair, or that cannot be properly calibrated, if the seller discloses those defective conditions to the buyer in writing prior to sale.
