94.681(3)
(3) Nonhousehold pesticides; cleanup surcharge. An applicant for a license under
s. 94.68 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes for use in this state. The amount of the surcharge is based on sales of nonhousehold pesticide products during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in
sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by
sub. (3s) (b). Except as provided in
sub. (6) or under
s. 94.73 (15), the amount of the surcharge is as follows:
94.681(3)(a)
(a) If the applicant sells less than $25,000 of the product during the payment period for use in this state, $3.50.
94.681(3)(b)
(b) If the applicant sells at least $25,000 but less than $75,000 of that product during the payment period for use in this state, $120.
94.681(3)(c)
(c) If the applicant sells at least $75,000 of that product during the payment period for use in this state, an amount equal to 0.75 percent of gross revenues from sales of the product during the payment period for use in this state.
94.681(3m)
(3m) Wood preservatives; cleanup surcharge. An applicant for a license under
s. 94.68 shall pay an environmental cleanup surcharge for each pesticide product that is not a household pesticide and is solely labeled for use on wood and contains pentachlorophenol or coal tar creosote that the applicant sells or distributes in this state. The amount of the surcharge is based on sales of pesticide products that are not household pesticides and are solely labeled for use on wood and contain pentachlorophenol or coal tar creosote during the payment period. An applicant shall pay an estimated surcharge before the start of each license year as provided in
sub. (3s) (a) and shall make a surcharge adjustment payment before the end of the license year if required by
sub. (3s) (b). Except as provided in
sub. (6), the amount of the surcharge is as follows:
94.681(3m)(a)
(a) If the applicant sells less than $25,000 of the product during the payment period for use in this state, $5.
94.681(3m)(b)
(b) If the applicant sells at least $25,000 but less than $75,000 of that product during the payment period for use in this state, $170.
94.681(3m)(c)
(c) If the applicant sells at least $75,000 of that product during the payment period for use in this state, an amount equal to 1.1% of gross revenues from sales of the product during the payment period for use in this state.
94.681(3s)(a)(a) Before the start of a license year, an applicant shall estimate the gross revenues that the applicant will receive from sales of each pesticide product during the payment period that ends during the year for which a license is sought under
s. 94.68 and shall pay the amounts under
subs. (2),
(3), and
(3m) based on that estimate. At least 15 days before beginning to sell a new pesticide product in this state, a licensee shall estimate the gross revenues that the applicant will receive from sales of that pesticide product during the payment period in which the licensee begins to sell the pesticide product and shall pay the amounts under
subs. (2),
(3), and
(3m) based on that estimate.
94.681(3s)(b)
(b) Before the end of a license year, a licensee shall report to the department the gross revenues that the licensee received from sales of each pesticide product during the payment period that ended during the license year, as required under
s. 94.68 (2) (a) 2., and shall reconcile the estimated payment made under
par. (a) with the amounts actually due under
subs. (2),
(3), and
(3m) as follows:
94.681(3s)(b)1.
1. If the amount due based on actual sales is greater than the amount paid based on estimated sales, the licensee shall pay the additional amount due.
94.681(3s)(b)2.
2. If the amount due based on actual sales is less than the amount paid based on estimated sales, the licensee may request the department to reimburse the licensee for the amount of the overpayment.
94.681(3s)(b)3.
3. If the amount due based on actual sales equals the amount paid based on estimated sales, no action is required.
94.681(3s)(c)1.1. Except as provided in
subd. 2., if a licensee's total payment due under
par. (b) is more than 20% of the total amount paid under
par. (a), the licensee shall pay a penalty equal to 20% of the total amount due under
par. (b). The penalty under this subdivision is in addition to any late filing fee under
s. 93.21 (5).
94.681(3s)(c)2.
2. Subdivision 1. does not apply to a licensee if the licensee's payments under
par. (a) are based on estimates of gross revenues from sales for each pesticide product that equal at least 90% of the licensee's gross revenues from sales of the pesticide product during the preceding year.
94.681(4)
(4) Primary producers; well compensation fee. A primary producer applying for a license under
s. 94.68 shall pay a well compensation fee of $150.
94.681(5)
(5) Unreported pesticide; increased license fee. If a person applying for or holding a license under
s. 94.68 sells or distributes a pesticide product for use in this state without having filed a report for the product under
s. 94.68 (2) (a) 2. or
(3), the license fee for that product is twice the amount determined under
sub. (2).
94.681(6)
(6) Discontinued pesticide; final license fee and cleanup surcharge. 94.681(6)(a)(a) A person holding a license under
s. 94.68 who stops selling or distributing a pesticide product for use in this state shall do all of the following:
94.681(6)(a)1.
1. Notify the department by December 31 of the year in which the person stops selling or distributing the pesticide product for use in this state.
94.681(6)(a)2.
2. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, file a report with the department showing the gross revenue that the person derived from the sale of the pesticide product for use in this state from October 1 of the year in which the person stopped selling or distributing the pesticide product to December 31 of the year in which the person stopped selling or distributing the pesticide product.
94.681(6)(a)3.
3. By March 31 of the year following the year in which the person stopped selling or distributing the pesticide product for use in this state, pay a final license fee for the pesticide product, calculated under
sub. (2) based on the sales of the pesticide product during the period specified in
subd. 2.
94.681(6)(a)4.
4. If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge calculated under
sub. (3) based on sales of the product during the period specified in
subd. 2.
94.681(6)(a)5.
5. If the product is a wood preservative to which
sub. (3m) applies, pay a final environmental cleanup surcharge calculated under
sub. (3m) based on sales of the product during the period specified in
subd. 2.
94.681(7)(a)(a)
License fees. The department shall deposit all license fees collected under
subs. (2),
(5) and
(6) (a) 3. in the agrichemical management fund except as follows:
94.681(7)(a)1.
1. The department shall deposit an amount equal to $94 for each pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.
94.681(7)(a)2.
2. The department shall deposit a hazardous household waste collection and disposal fee of $30 for each household pesticide product for which an applicant pays a license fee in the environmental fund for environmental management.
94.681(7)(b)
(b)
Nonhousehold pesticides; cleanup surcharge. The department shall deposit the surcharges collected under
subs. (3) and
(6) (a) 4. in the agricultural chemical cleanup fund.
94.681(7)(bm)
(bm)
Wood preservatives; cleanups surcharge. The department shall deposit the surcharges collected under
subs. (3m) and
(6) (a) 5. in the environmental fund for environmental management.
94.681(7)(c)
(c)
Well compensation fee. The department shall deposit the well compensation fees collected under
sub. (4) in the environmental fund for environmental management.
94.681(8)
(8) Fees and surcharges nonrefundable. The department may not refund a fee or surcharge under this section after the department issues a license under
s. 94.68 to the person who paid the fee or surcharge, unless the fee or surcharge was not properly charged or collected.
94.685
94.685
Pesticides; licensing of dealers and distributors of restricted-use pesticides. 94.685(1)
(1) No dealer or distributor may sell or offer to sell a restricted-use pesticide in this state, whether or not the sale is made wholly or partially in this state or another state, without a license issued by the department under this section. A license expires on December 31 annually and is not transferable.
94.685(2)(a)(a) A dealer or distributor applying for an annual license under
sub. (1) shall apply on a form provided by the department. The application shall include the applicant's full name and the mailing address and street address of each business location from which the applicant sells, or intends to sell, restricted-use pesticides. The applicant shall submit the license fee and surcharge required under
sub. (3) with the application.
94.685(2)(b)
(b) No dealer or distributor may sell any restricted-use pesticide from a sales location opened during a license year until that dealer or distributor pays the license fee and surcharge required under
sub. (3) for the new location.
94.685(3)(a)(a) A dealer or distributor shall pay the following annual license fee and surcharge for each location from which the dealer or distributor sells restricted-use pesticides:
94.685(3)(a)2.
2. An agricultural chemical cleanup surcharge of $28, unless the department establishes a different surcharge under
s. 94.73 (15) after October 27, 2007.
94.685(3)(b)1.1. The department shall deposit the fee under
par. (a) 1. in the agrichemical management fund.
94.685(3)(b)2.
2. The department shall deposit the surcharge collected under
par. (a) 2. in the agricultural chemical cleanup fund.
94.69
94.69
Pesticides; rules. 94.69(1)(1) The department may promulgate rules:
94.69(1)(a)
(a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, persons, animals or substances.
94.69(1)(b)
(b) To determine which pesticides and substances contained therein are highly toxic to persons.
94.69(1)(c)
(c) To determine standards of coloring or discoloring for pesticides.
94.69(1)(d)
(d) To carry out the provisions of
ss. 94.67 to
94.71, including the sale, distribution or storage of pesticides, the collection and examination of pesticide samples, and the removal of pesticides from sale after registration has been canceled or if otherwise being sold, offered or exposed for sale in violation of the law or rules of the department.
94.69(1)(e)
(e) To govern the labeling of pesticides, including the use of precautionary or warning statements, the declaration of ingredients, and the giving of adequate instructions or directions for use.
94.69(1)(f)
(f) To establish reasonable standards for the packaging of those pesticides which the department finds require special care in packaging and to the extent found necessary to prevent injury to the public.
94.69(1)(g)
(g) To require permits or notice to the department prior to the shipment or use of pesticides for experimental or research purposes, including conditions under which such permits may be granted or notice required.
94.69(1)(h)
(h) To govern the conditions under which containers of pesticides may be transported, stored or disposed of.
94.69(1)(i)
(i) To govern the use of pesticides, including their formulations, and to determine the times and methods of application and other conditions of use.
94.69(1)(j)
(j) The department shall promulgate rules when it determines that it is necessary for the protection of persons or property from serious pesticide hazards and that its enforcement is feasible and will substantially eliminate or reduce such hazards. In making this determination the department shall consider the toxicity, hazard, effectiveness and public need for the pesticides, and the availability of less toxic or less hazardous pesticides or other means of pest control. These rules do not affect the application of any other statutes or rules promulgated under those statutes.
94.69(1)(k)
(k) To register pesticides formulated for distribution and use within this state to meet special local needs as authorized under the federal act and impose fees reasonably calculated to cover the cost of registration.
94.69(1)(L)
(L) To exempt any pesticides from the application of
ss. 94.67 to
94.71 which are adequately regulated under other state or federal laws or which are of such a character that the regulation of their use is unnecessary for the protection of health and the environment.
94.69(2)(a)(a) Notwithstanding
sub. (1) (i) and
ss. 160.19 and
160.21, the department may not promulgate a rule prohibiting the use of atrazine in part or all of the area described in
par. (b), based on a sample of groundwater taken before June 17, 1998, with a concentration of total chlorinated atrazine residue that attains or exceeds the enforcement standard if the concentration of total chlorinated atrazine residue in a subsequent sample of groundwater from the same sampling point is less than the enforcement standard, except that the department may promulgate a rule prohibiting the use of atrazine in part or all of the area described in
par. (b) based on a sample of groundwater taken after June 17, 1998, in which the concentration of total chlorinated atrazine residue attains or exceeds the enforcement standard.
94.69(2)(b)
(b) Paragraph (a) applies to an area in the town of North Lancaster, Grant County, described as follows: SE-1/4 of Sec. 7, S-1/2 of Sec. 8, SW-1/4 of Sec. 9, W-1/2 of Sec. 16, Sec. 17, E-1/2 of Sec. 18, NE-1/4 of Sec. 19, N-1/2 of Sec. 20 and NW-1/4 of Sec. 21, T. 5 N., R. 3 W.
94.69 Cross-reference
Cross-reference: See s.
94.709 for prohibition of use of DDT and exceptions to the prohibition.
94.69 Annotation
When a criminal action is brought for a violation of the ch. 94 prohibition of the deposit of pesticides in public waters of the state, the proceeding is not barred by a civil action to recover the statutory value of the fish killed by the pesticides. 62 Atty. Gen. 130 (1974).
94.697
94.697
Railroad pesticide use. 94.697(1)
(1)
Definition. In this section "railroad" means a person that owns or operates any railroad or part of a railroad as a common carrier in this state.
94.697(2)(a)(a) No later than 48 hours before applying a pesticide to a right-of-way that a railroad owns or maintains, the railroad shall provide pesticide safety information at a central location accessible to employees of the railroad. A railroad shall include all of the following in the safety information provided under this paragraph:
94.697(2)(a)2.
2. The location and description of the area to be treated.
94.697(2)(a)3.
3. The name of the pesticide, its active ingredients, and its registration number under the federal act.
94.697(2)(a)4.
4. The approximate time and date that the pesticide is to be applied.
94.697(2)(a)5.
5. Any restricted entry interval specified on the pesticide labeling.
94.697(2)(a)6.
6. A description of where the information required to be on the pesticide label under the federal act or under
ss. 94.67 to
94.71 is available for review.
94.697(2)(b)
(b) A railroad shall keep the information under
par. (a) posted at the location accessible to employees of the railroad for at least 30 days after the day of application.
94.697(2)(c)
(c) No later than 48 hours before applying a pesticide to a right-of-way that a railroad owns or maintains, the railroad shall provide all of the following to each individual who directly supervises employees who work in the area to be treated:
94.697(2)(c)2.
2. A description of the central location where the railroad provides the pesticide safety information to employees under
par. (a).
94.697(2)(e)
(e) A railroad shall make available to the public on its Internet site a description of how to obtain answers to questions about pesticide use by the railroad, including a telephone number for the railroad and any toll-free number maintained by the department to provide information about pesticide use.
94.697(3)
(3) Worker protection. A railroad shall provide pesticide safety training annually to its employees who work along railroad rights-of-way and in rail yards and to other employees who, due to the nature of their employment, work in areas to which pesticides have been applied and shall keep records, for each training session, of the date, the employees attending, and the name of the trainer and the trainer's employer. In the training under this subsection, a railroad shall include information about restricted entry intervals, requirements for personal protective equipment, how to read pesticide labels, and incident and complaint reporting.
94.697 History
History: 2009 a. 286.
