ATCP 35.01(22)(22)“Laboratory services” means laboratory analysis and activities that are incidental to laboratory analysis.
ATCP 35.01(22m)(22m)“Landspread” means to spread or deposit on land, other than in a landfill approved by the department of natural resources under s. 289.31, Stats., soil or water removed from a discharge site.
ATCP 35.01(22r)(22r)“Nonhousehold pesticide” means a pesticide that is not a household pesticide or industrial pesticide.
ATCP 35.01(23)(23)“Responsible person” means any of the following persons, or that person’s successor in interest:
ATCP 35.01(23)(a)(a) A person who owns or controls an agricultural chemical that is discharged.
ATCP 35.01(23)(b)(b) A person who causes a discharge.
ATCP 35.01(23)(c)(c) A person on whose property an agricultural chemical is discharged.
ATCP 35.01 HistoryHistory: Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1), (3), (6), (10), (14), (15) and (20), cr. (7m), (20m), (22m) and (22r), r. and recr. (9) and (19), Register, September, 1998, No. 513, eff. 10-1-98; am. (4), cr. (17m), Register, October, 2000, No. 538, eff. 11-1-00; CR 14-047: am. (3) Register May 2015 No. 713, eff. 6-1-15.
ATCP 35.02ATCP 35.02Corrective action order.
ATCP 35.02(1)(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:
ATCP 35.02(1)(a)(a) The name and address of the responsible person.
ATCP 35.02(1)(b)(b) A description of the property on which the responsible person is required to take corrective action.
ATCP 35.02(1)(c)(c) A description of the corrective action which the responsible person is required to take.
ATCP 35.02(1)(d)(d) A date by which the responsible person is required to complete the corrective action.
ATCP 35.02(1)(e)(e) Notice that the corrective action is required to comply with the following:
ATCP 35.02(1)(e)1.1. Applicable department rules under chs. ATCP 29 to 33 and this chapter.
ATCP 35.02(1)(e)2.2. Applicable rules of the department of natural resources under chs. NR 700, 706, 708 and 712 to 727.
ATCP 35.02 NoteNote: For corrective actions under this chapter, the department is authorized to review compliance with chs. NR 700, 706, 708, and 712 to 727, and to grant required approvals and variances under those chapters on behalf of the department of natural resources.
ATCP 35.02(2)(2)Summary order.
ATCP 35.02(2)(a)(a) The department may issue an order under sub. (1) on a summary basis, without prior notice or hearing, if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment.
ATCP 35.02(2)(b)(b) If the recipient of a summary order under par. (a) requests a hearing on that order, the department shall hold an informal hearing within 10 days after the department receives the hearing request unless the recipient of the order consents to a later date for the informal hearing. If a contested matter is not resolved at the informal hearing, the recipient of the order is entitled to a class 2 contested case hearing under ch. 227, Stats., and ch. ATCP 1.
ATCP 35.02(2)(c)(c) The department is not required to stay a summary order issued under par. (a) pending the outcome of a hearing under par. (b). If, after a hearing under par. (b), the department determines that a summary order under par. (a) was not justified, the department shall reimburse the recipient of the order for reasonable corrective action costs necessarily incurred by the recipient to comply with the unjustified order.
ATCP 35.02 NoteNote: See ch. ATCP 1 for procedure related to administrative orders and contested cases. Under s. 94.73 (13), Stats., a person who violates a corrective action order issued by the department under this section is subject to a civil forfeiture of not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense.
ATCP 35.02 HistoryHistory: Cr. Register, August, 1994, No. 464, eff. 9-1-94; am. (1) (e) 1., 2., (2) (b) and (c), Register, September, 1998, No. 513, eff. 10-1-98; CR 14-047: am. (1) (e) 2. Register May 2015 No. 713, eff. 6-1-15.
ATCP 35.03ATCP 35.03Landspreading.
ATCP 35.03(1)(1)Soil.
ATCP 35.03(1)(a)(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 the department specifies in the permit.
ATCP 35.03(1)(b)(b) An individual who landspreads soil containing a pesticide is deemed, for purposes of licensing and certification under ss. ATCP 29.25 to 29.27, to be applying that pesticide.
ATCP 35.03 NoteNote: Landspreading is a potential method for destroying or recycling agricultural chemicals removed from a discharge site as part of a corrective action. The department may approve landspreading which applies agricultural chemicals at rates that are comparable to normal agronomic practice.