ATCP 29.47(2) (2) Reuse prohibited. No person may reuse a pesticide container for any purpose. This subsection does not prohibit any of the following:

ATCP 29.47(2)(a) (a) Recycling a container for scrap in compliance with applicable law.

ATCP 29.47(2)(b) (b) Reusing, in compliance with label directions, a pesticide container that is designed to be reused.

ATCP 29.47(2)(c) (c) Returning a pesticide container to a pesticide manufacturer or seller who has agreed to receive that container.

ATCP 29.47(2)(d) (d) Temporarily reusing a pesticide container to hold the same pesticide recovered from a leaking or damaged pesticide container.

ATCP 29.47 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.48 ATCP 29.48 Pesticide spills.

ATCP 29.48(1) (1) Cleanup. In order to minimize hazards to persons, property and the environment, a person who spills a pesticide shall immediately take appropriate measures to contain the spill, recover the spilled pesticide, and clean surfaces exposed to the spilled pesticide.

ATCP 29.48(2) (2) Reporting. A person who spills a pesticide shall immediately notify the department of natural resources as required by s. 292.11, Stats.

ATCP 29.48 Note Note: The spill hotline for the department of natural resources is 1-800-943-0003. Ch. NR 706 specifies reportable spill amounts for all agricultural chemicals including pesticides. The department of agriculture, trade and consumer protection administers an agricultural chemical cleanup program under s. 94.73, Stats., and ch. ATCP 35, and can reimburse certain cleanup costs. You may contact the department’s spill response coordinator by calling 608-224-4500.

ATCP 29.48(3) (3) Storing spilled pesticide and rinsate. No spilled pesticides or spilled materials containing pesticides may be stored below ground level.

ATCP 29.48 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) Register May 2013 No. 689, eff. 6-1-13.

subch. IX of ch. ATCP 29 Subchapter IX — Pesticide Use

ATCP 29.50 ATCP 29.50 Pesticide use; general.

ATCP 29.50(1) (1) Negligent use. No person may do any of the following:

ATCP 29.50(1)(a) (a) Use or direct the use of a pesticide in a negligent manner, or in a manner inconsistent with the pesticide label.

ATCP 29.50(1)(b) (b) Use or direct the use of a pesticide for a purpose for which the pesticide is not registered or labeled under subch. II.

ATCP 29.50(2) (2) Overspray and drift.

ATCP 29.50(2)(a) (a) No person may use or direct the use of a pesticide in a manner that results in pesticide overspray or significant pesticide drift. This paragraph does not apply to mosquito control applications, made by, or under the direction of, a governmental entity for public health purposes, that use proper mosquito control application methods.

ATCP 29.50 Note Note: See definitions of “pesticide drift” and “pesticide overspray” under s. ATCP 29.01 (29) and (30).

ATCP 29.50(2)(b) (b) The application of pesticide outside the target application site is presumed to be the result of pesticide drift unless there is evidence of pesticide overspray.

ATCP 29.50(2)(c) (c) Pesticide drift is significant, under par. (a), if there is credible evidence that it has moved outside the target application site in any of the following amounts:

ATCP 29.50(2)(c)1. 1. Amounts that cause actual harm to persons, property, or the environment.

ATCP 29.50(2)(c)2. 2. Amounts that could potentially harm persons, property, or the environment under any reasonably foreseeable circumstances, regardless of whether an actual exposure or harm has occurred.

ATCP 29.50(2)(c)3. 3. Amounts that are readily visible.

ATCP 29.50(3) (3) Preharvest interval.

ATCP 29.50(3)(a) (a) No person may harvest an agricultural commodity from a pesticide application site during the preharvest interval specified for that commodity on the pesticide label.

ATCP 29.50(3)(b) (b) No person controlling a pesticide application site may direct or permit an agricultural commodity to be harvested from that site in violation of par. (a).

ATCP 29.50(4) (4) Contaminating waters of the state.