ATCP 29.54(14)(g)(g) Safety procedures and required safety equipment for persons who operate, repair, or monitor the chemigation system. ATCP 29.54(15)(15) Chemigation operating plan; location and availability. When a chemigation system is operating, the chemigation operating plan under sub. (14) shall be kept at the chemigation site or in the custody of the individual who is operating the chemigation system. A person who owns or operates a chemigation system shall also keep a copy of the plan at that person’s business office or residence. A person having custody of a plan shall make it available to the department for inspection and copying upon request. ATCP 29.54(16)(16) Observing chemigation operations. An individual operating a chemigation system shall be present at the chemigation site at all times when chemigation overspray or drift may affect sensitive nontarget areas under sub. (14) (a). For other chemigation operations, the individual shall be present at least hourly. An individual is not present unless the individual can effectively monitor whether the chemigation system is properly functioning, whether it is properly calibrated, whether it is causing pesticide overspray or drift, and whether it is creating an unreasonable hazard to persons, property, or the environment. If a pesticide label imposes additional observation requirements, the operator of the chemigation system shall comply with those requirements. ATCP 29.54(17)(a)(a) A person operating a chemigation system shall post warning signs at the chemigation application site if any of the following apply: ATCP 29.54(17)(a)1.1. Any portion of the application site is located within 100 feet of a public road. ATCP 29.54(17)(a)2.2. Any portion of the application site is located within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other area where individuals are likely to be present during the operation of the chemigation system. ATCP 29.54 NoteNote: A chemigation application site must also be posted in compliance with s. ATCP 29.52. ATCP 29.54(17)(b)1.1. Warning signs shall be posted before chemigation begins, and shall remain posted until chemigation is completed and treated surfaces have dried. All warning signs shall be intact and fully legible throughout the required posting period. Warning signs may remain posted indefinitely if they are intact and fully legible during all required posting periods. ATCP 29.54(17)(b)2.2. Warning signs shall be posted at regular intervals along the border between the application site and any road or area identified under par. (a), and at normal points of access to the application site. At least one warning sign shall be posted for each 1/4 mile of border. At least one warning sign shall be posted at each application site identified under par. (a). ATCP 29.54(18)(a)(a) The department may issue a permit authorizing an alternative chemigation system that does not comply with this section if the alternative chemigation system provides equal or greater protection to the waters of the state, and complies with other applicable state and federal laws. ATCP 29.54(18)(b)(b) A person applying for a permit under par. (a) shall apply in writing, and shall include all relevant information and design specifications required by the department. The department shall grant or deny a permit within 45 days after receiving a complete application. ATCP 29.54 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; correction in (7) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; CR 12-003: r. and recr. (1) (a), cr. (1) (am), (gm), (km), r. (1) (e) 2., cr. (5) (e) to (g), am. (7) (a) 1., (10), (12), (13) Register May 2013 No. 689, eff. 6-1-13; correction in (17) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 14-047: am. (1) (e) 4. Register May 2015 No. 713, eff. 6-1-15. ATCP 29.55ATCP 29.55 Commercial applications to residential structures. ATCP 29.55(1)(a)(a) “Common area” means an area in a residential structure that is accessible to residents but is not part of any individual dwelling unit. ATCP 29.55(1)(b)(b) “Dwelling unit” means that portion of a residential structure that is used, or designed for use, as a residence by a household. ATCP 29.55(1)(c)(c) “Resident” means any person residing in a residential structure. ATCP 29.55(1)(d)(d) “Residential application” means the application of a pesticide, other than a germicide, sanitizer, or disinfectant, to a residential structure. “Residential application” includes perimeter barrier applications, but does not include an individual’s application of a pesticide to a dwelling unit in which that individual resides, provided that the individual does not apply the pesticide to other dwelling units or common areas in the residential structure, or its perimeter barrier. ATCP 29.55(1)(e)(e) “Residential structure” means a structure used wholly or in part as a human residence, and includes all facilities and furnishings pertaining to that structure. Residential structure includes a residential structure occupied on a rental basis, and also includes a mobile home. Residential structure does not include any of the following: ATCP 29.55(1)(e)2.2. A hospital, nursing home, or similar facility occupied by persons receiving medical care or related services. ATCP 29.55(2)(2) Information to customer. A person hired by a customer to make a residential application shall provide that customer with all of the following: ATCP 29.55(2)(a)(a) A written notice offering to provide pre-application information under par. (b). The written notice may be provided electronically to the customer if the customer consents in writing to such notification. The person shall make the offer before making the first residential application for the customer, and shall repeat the offer at least annually if there is a continuing contract for more than one year.