Wisconsin Legislature: ATCP 30.01(9)(d)

ATCP 30.24 Aldicarb use restrictions; reporting requirements.

Subchapter VIII — Atrazine 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.

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 according to label directions. (See ch. ATCP 29.) This chapter spells out additional restrictions that apply to some pesticide products.

Subchapter I — Definitions

ATCP 30.01 Definitions. 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.

(d) Disposing of a pesticide or pesticide rinsate.

(e) Aerating or ventilating spaces treated with a fumigant pesticide.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Subchapter II — Prohibited Pesticides

ATCP 30.05 Prohibited pesticides.

(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).

(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.

(2) Exemptions. Subsection (1) does not apply to 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) Use of DDT, or the isomers or metabolites of DDT, authorized by the department under s. 94.709, Stats.

(c) The purchase, sale, or use of pesticides other than DDT, or the isomers or metabolites of DDT, for bona fide laboratory research or as laboratory standards or educational exhibits.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519.

Subchapter III — Pesticides Requiring Special Use Permit

ATCP 30.10 Pesticides requiring special use permit.

(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).

(2) Exemptions. Subsection (1) does not apply to 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.

(3) Permit application. To obtain a permit under sub. (1), a person shall apply on a form provided by the department. In an emergency, the department may accept an oral application which the applicant confirms in writing within 48 hours. An application shall include all of the following:

(a) The applicant’s name and address.

(b) The name and address of each individual applicator who will apply the pesticide in the name of the applicant.

(d) The proposed use of the pesticide, including purpose, location, and quantity.

(e) The special circumstances that justify the purchase and use of the pesticide.

(f) Any special controls or precautions that will apply.

(g) Any information required under sub. (7) (b) if the applicant is applying to purchase or use sodium fluoroacetate (1080).

(h) Other relevant information required by the department.

(4) Action on permit application. The department shall grant or deny a permit application within 60 business days after the applicant files a complete application with the department.

(5) Issuing a permit. The department may issue a permit under sub. (1) if the department finds that the pesticide use is justified by special circumstances, that there is no effective alternative to the pesticide use, and that the proposed use does not pose an unreasonable risk to persons, property, or the environment.

Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

(6) Permit conditions. The department may impose permit conditions which it considers appropriate. No person may use a pesticide contrary to the conditions which the department specifies.

(7) Sodium fluoroacetate (1080) permit.

(a) No permit under sub. (1) may authorize the purchase or use of sodium fluoroacetate (1080) for any purpose other than the control of rats or mice by a commercial applicator who is licensed under s. ATCP 29.25 and certified for that purpose under s. ATCP 29.26.

(b) An application for a sodium fluoroacetate (1080) permit shall include all of the following information:

1. The nature of the application site and surrounding area.

2. The types of wild animals frequenting the site, if any.

3. The form in which the sodium fluoroacetate (1080) will be used, including the type of bait used.

4. The method of application.

5. The method for disposing of rat or mouse carcasses.

(c) The following conditions apply to all permits under this section or s. ATCP 29.70 authorizing the use of sodium fluoroacetate (1080):

1. The application site shall be secured against entry by nontarget animals, and by persons other than the pesticide applicator.

2. The applicator shall apply the pesticide so that the application site is not contaminated. The applicator shall remove all unconsumed pesticide before the application site is reopened for access by other persons or nontarget animals.

3. An applicator making an outdoor application shall use a tamper-proof bait box that precludes any hazard to humans or nontarget animals.

4. The applicator shall promptly remove all rats and mice killed by the pesticide, to prevent access by humans or other animals. The applicator shall dispose of the carcasses in a landfill licensed by the department of natural resources s. 289.31, Stats.