ATCP 3.02 Environmental assessments. ATCP 3.03 Environmental impact statements. ATCP 3.04 Public hearing on proposed action. ATCP 3.05 Information required by department. ATCP 3.06 Availability of documents; filing. Subchapter II — Licensing
ATCP 3.11 Licenses; electronic processing fees. ATCP 3.01(1)(1) “Action” means action taken by the department including proposed legislation. It may include actions whereby the department, by means of licenses, permits, rules or orders, affirmatively authorizes other persons to engage in activities which would otherwise be prohibited by law. It does not include: ATCP 3.01(1)(b)(b) Inactions, except to the extent that an inaction is judicially reviewable as an action under ch. 227, Stats. ATCP 3.01(2)(2) “Action affecting the quality of the human environment” means action affecting the natural or physical environment, and the relationship of persons to that environment. It does not include actions having only economic or social effects, unless such effects have a discernible secondary effect on the natural or physical environment. ATCP 3.01(3)(3) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection. ATCP 3.01(4)(4) “Environmental assessment” means a brief written statement prepared in accordance with s. ATCP 3.02. ATCP 3.01(5)(5) “Environmental impact statement” means a detailed written report prepared in accordance with s. ATCP 3.03. ATCP 3.01(6)(6) “Proposed legislation” means legislation proposed by the department which may significantly affect the human environment. ATCP 3.01 HistoryHistory: Cr. Register, November, 1986, No. 371, eff. 12-1-86. ATCP 3.02ATCP 3.02 Environmental assessments. ATCP 3.02(1)(1) Requirement; actions subject to assessment. Before undertaking any of the following actions, the department shall prepare an environmental assessment on the proposed action, as provided in sub. (3). ATCP 3.02(1)(a)(a) Pesticide rules. The adoption, amendment or repeal of any rule governing the manufacture, distribution or use of pesticides, if the adoption, amendment or repeal of the rule may affect the quality of the human environment, such as by permitting a new pesticide or pesticide use. ATCP 3.02(1)(b)(b) Pesticide permits. The issuance of any permit authorizing the manufacture, sale, distribution, storage, or use of a pesticide if the activity would be prohibited by law in the absence of a permit. This includes the issuance of special use permits under s. ATCP 30.10, emergency use permits under s. ATCP 29.70, experimental use permits under s. ATCP 29.71, special local needs registrations under s. ATCP 29.72, and crisis exemptions under the federal insecticide, fungicide, and rodenticide act (7 USC 136p). It does not include the issuance of a license, permit, or certification under s. ATCP 29.10, 29.15, 29.20, 29.25, 29.26, or 29.27. ATCP 3.02(1)(c)(c) Pesticide and biological control agents; application. The application or use, by the department or its agents, of any pesticide or biological control agent for the purpose of controlling plant pest infestations, or the adoption of a general plan or program for the use of pesticides or biological control agents by the department. ATCP 3.02(1)(d)(d) Biological control agents; permits and authorizations. The adoption of any rule, or the issuance of any permit authorizing the sale, movement or use of biological control agents, or pests as defined in s. 93.01 (10), Stats., if, in the absence of the rule or permit, the sale, use or movement would be prohibited by law. ATCP 3.02(1)(e)(e) Soil erosion control plans; rules. The adoption, amendment or repeal of rules establishing substantive criteria for the approval of county soil erosion control plans under s. 92.10, Stats., if the adoption, amendment or repeal of the rule may significantly affect the quality of the human environment.