ATCP 29.52(8)(e)2.2. At 1/4 mile intervals along those borders of an outdoor application site that lie 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 nonagricultural area except a public road, where individuals are likely to be present during the restricted entry interval specified on the pesticide label. An application site bordering an area identified under this subdivision for less than 1/2 mile shall be posted with at least one sign.

ATCP 29.52(9)(a)(a) A worker protection warning sign under s. ATCP 29.62 may be used in place of a standard warning sign under sub. (8). A worker protection warning sign shall be removed or covered not more than 3 days after the restricted entry interval expires unless the sign continues to be required for another pesticide application at the same site.

ATCP 29.52(9)(b)(b) If a pesticide application site, such as a potted plant or greenhouse bench top, is too small to accommodate standard warning signs under sub. (8), it may be posted with smaller warning signs that are at least 4 inches by 5 inches. The warning signs shall be clearly posted on each side of the application site at intervals of not more than 25 feet. An individual treated plant may be posted with a single sign. The content and format of the smaller signs shall correspond to the content and format of the standard signs under sub. (8).

ATCP 29.52(9)(c)(c) If the pesticide label requires a warning sign which is different from the warning sign under sub. (8), the warning sign specified on the pesticide label shall be used in place of the warning sign under sub. (8).

ATCP 29.52 NoteNote: According to s. 94.715 (2) (g), Stats., school boards must ensure that warning signs are posted for pesticide applications to public school grounds.

ATCP 29.52 HistoryHistory: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.53(1)(1) Aircraft. Aircraft used to apply pesticides shall comply with, and be operated according to, applicable regulations of the federal aviation administration and the Wisconsin department of transportation.

ATCP 29.53(2)(a)(a) At least 24 hours before an aerial pesticide application occurs, the person who owns or controls the application site shall notify each adjacent resident from whom that person has received a written request under par. (b) during the same calendar year. Notice is not required if the application site is more than 1/4 mile from the adjacent parcel on which the requester resides.

ATCP 29.53(2)(b)(b) An individual residing on a parcel of land may request advance notice of aerial pesticide applications to any immediately adjacent parcel. Parcels are immediately adjacent if they are directly contiguous, are separated only by a road, railway, or utility right-of-way, or are separated only by a government-owned land corridor or waterway having a width of not more than 66 feet.

ATCP 29.53(2)(c)(c) A request under par. (b) shall be made in writing to the person who owns or controls the application site. The request shall include the requester’s name, mailing address, property location, and telephone number if any. If residents of a migrant labor camp as defined under s. 103.90 (3), Stats., are entitled to request notice under par. (b), the camp operator shall annually request notice on their behalf and shall promptly communicate to them any notice received.

ATCP 29.53(2)(d)(d) A notice under par. (a) may be written or oral. The notice shall include the intended date and time of application, the brand or common name of the pesticide to be applied, and the location of the application site. If the application date changes after the notice is issued, the person who owns or controls the application site shall issue a corrected notice as soon as reasonably possible before the application occurs.

ATCP 29.53(2)(e)(e) Paragraph (a) does not apply to an emergency aerial application needed to control a sudden pest outbreak if, because of the emergency circumstances, there is inadequate time for notice under par. (a). The person who owns or controls the application site shall give notice under par. (a) as soon as reasonably possible before or after the emergency application. The notice shall include a brief explanation of the circumstances constituting the emergency.

ATCP 29.53(2)(f)(f) Any person may give a notice under par. (a) on behalf of the person who owns or controls the application site.

ATCP 29.54(1)(a)(a) “Agricultural chemigation system” means a chemigation system that mixes pesticides with irrigated water and applies the pesticides with the irrigation water in an agricultural setting.

ATCP 29.54(1)(am)(am) “Automatic low pressure drain valve” means a self-activating device which is designed and constructed to drain the water supply pipeline in a chemigation system if water pressure falls or the water supply pump ceases operation.

ATCP 29.54(1)(b)(b) “Calibrate” means to measure and adjust the dispersal or output of equipment to control the rate of pesticide dispersal, and the droplet or particle size of pesticides dispersed by that equipment.

ATCP 29.54(1)(c)(c) “Check valve” means a device designed and constructed to close a water supply pipeline, pesticide injection line, or other conduit in a chemigation system and to prevent reverse flow in that line.

ATCP 29.54(1)(e)(e) “Chemigation system” means a device or system which mixes pesticides with irrigation water drawn from any source, and which applies the pesticides with the irrigation water. “Chemigation system” includes all of the components of the system. “Chemigation system” does not include any of the following: