Current through August 26, 2024
(1) DEFINITIONS. In this section:
(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.
(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.
(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.
(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.
(d)
"Chemigation" means the application of pesticides using a chemigation
system.
(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:
1. A hand-held or hose-end sprayer.
3. A device or system used only to inject
pesticides directly into plants.
4.
A device or system used only to apply pesticides directly to the roots of
ornamental trees and shrubs.
(f) "Flush time" means the time needed under
normal operating conditions to completely fill an irrigation system with water
so that all outlets are discharging water.
(g) "Injection unit" means a chemical
metering pump or device that withdraws pesticide from a supply tank and injects
the pesticide into irrigation water during chemigation.
(gm) "Non-agricultural chemigation system"
means a chemigation system that is used to apply pesticides in a
non-agricultural setting, including to urban lawns and gardens.
(h) "Pesticide supply tank" means a container
used to hold pesticides for injection into a chemigation system.
(j) "Potable water supply" means a well or
other source of water which is used for human consumption, hygiene, or
preparation of food products.
(k)
"Reduced pressure principle backflow preventer" means a backflow prevention
device consisting of 2 independently acting check valves, spring-loaded to a
closed position and separated by an intermediate chamber in which there is an
automatic relief that is vented to the atmosphere and spring-loaded to the open
position.
(km) "Urban pesticide
misting system" means a non-agricultural chemigation system that draws water
from any source, mixes the water with a pesticide, and applies the mixture
outdoors and into the air to kill, repel, or otherwise control pests in an
urban setting, including a residential or commercial area.
(L) "Vacuum relief valve" means an
atmospheric device designed, constructed, and installed to protect against
back-siphonage by allowing the entry of air to relieve vacuums in a chemigation
system.
(2) GENERAL
REQUIREMENTS.
(a) A person operating a
chemigation system shall comply with this section.
(b) Except as provided under sub. (18), a
chemigation system shall be designed and constructed according to this
section.
(c) A chemigation system
shall be designed, constructed, operated, and maintained to do all of the
following:
1. Comply with the manufacturer's
specifications.
2. Prevent
pesticides used in the system from contaminating the waters of the
state.
3. Prevent unreasonable
hazards to persons, property, and the environment.
Note: See also ss.
NR 812.38 and
SPS 382.41.
(3) CHEMIGATION WATER SUPPLY. No chemigation
system may draw water directly from a potable water supply. A chemigation
system may draw water from a pond or reservoir to which water has been pumped
from a potable water supply, provided that there is an unobstructed vertical
air gap between the potable water supply outlet and the flood level of the pond
or reservoir. The air gap shall be at least 2 feet, or at least twice the
diameter of the effective opening of the water supply outlet, whichever is
greater.
(4) CHEMIGATION SYSTEM;
CONSTRUCTION MATERIALS.
(a) A chemigation
system shall be resistant to corrosion, puncture, and cracking.
(b) Every chemigation system component that
may come into contact with pesticides shall be chemically compatible with every
pesticide used in the system. Before using any pesticide in a chemigation
system, the user shall obtain a written confirmation of chemical compatibility
from the system manufacturer or the pesticide manufacturer. The user shall keep
the written confirmation on file, and shall make it available to the department
for inspection and copying upon request.
(5) PESTICIDE INJECTED INTO CHEMIGATION
SYSTEM.
(a) No pesticide may be injected into
a chemigation system unless the pesticide is labeled for application by
chemigation.
(b) No pesticide may
be injected into a chemigation system contrary to, or inconsistent with, label
directions.
(c) Every chemigation
system shall be properly calibrated to apply the pesticide at the application
rate specified on the pesticide label.
(d) The point at which pesticides are
injected into a chemigation system shall be located downstream from all devices
required under subs. (7) to (10).
(e) No pesticide may be injected into an
urban pesticide misting system unless the pesticide is labeled for application
by misting.
(f) A rain sensor and a
wind sensor must be installed on an urban pesticide misting system to prevent
drift and control runoff.
(g) A
legible copy of the label must be securely attached to an urban pesticide
misting system's reservoir tank or on the outside of the system
timer.
(6) PESTICIDE
SUPPLY TANK. No container used to hold pesticides for injection into a
chemigation system may be located less than 8 feet horizontally from any water
supply, including any well head or surface water source. The pesticide
container, pesticide injection unit, and all connections between the pesticide
container and injection unit shall be located within secondary containment that
complies with ss.
ATCP 33.40, 33.42, and 33.44.
(7) PREVENTING BACKFLOW. A chemigation system
shall comply with the following requirements unless the system draws nonpotable
water from a privately-owned watertight container or impoundment that is
protected by an air gap under sub. (3):
(a) A
reduced pressure principle backflow preventer shall be installed in every
chemigation system, except as provided under pars. (b) to (d). The reduced
pressure principle backflow preventer shall be all of the following:
1. In compliance with s.
SPS 382.41.
2.
Installed according to the manufacturer's specifications in the water supply
pipeline between the supply pump discharge and the point at which pesticides
are injected.
3. Maintained in
fully operational condition.
4.
Tested annually by a tester who is currently listed with the department of
safety and professional services as a backflow tester.
5. Protected so that it does not freeze.
Note: The department of safety and
professional services can provide a list of persons qualified to test reduced
pressure principle backflow preventers.
(b) A barometric loop may be installed in a
chemigation system, in place of a reduced pressure principle backflow preventer
under par. (a), if the chemigation system is not subject to back pressure. The
barometric loop shall extend to an elevation at least 35 feet above the highest
outlet in the chemigation system. The loop shall be installed in the water
supply pipeline between the supply pump discharge and the point at which
pesticides are injected.
(c) Two
check valves may be installed in a chemigation system, in place of a reduced
pressure principle backflow preventer under par. (a), if the chemigation system
draws from surface waters. The check valves shall be connected in series, and
shall be installed in the water supply pipeline between the supply pump
discharge and the point at which pesticides are injected. Each check valve
shall comply with par. (e), and shall be preceded by a vacuum relief valve
under par. (g) and an automatic low pressure drain valve under par. (h).
(d) A check valve followed by a
gooseneck loop may be installed in a chemigation system, in place of a reduced
pressure principle backflow preventer under par. (a), if all of the following
conditions are met:
1. The chemigation system
draws water from surface waters that are higher in elevation than the surface
being chemigated.
2. The check
valve complies with par. (e), and is preceded by an automatic low pressure
drain valve under par. (h).
3. The
gooseneck loop complies with par. (f).
(e) A check valve under par. (c) or (d) shall
be all of the following:
1. Quick-closing by
spring action.
2. Certified for
compliance with underwriters' laboratory (UL) standard 312.
Note: UL Standard 312, published by the
underwriters' laboratory, is on file with the department and the legislative
reference bureau.
(f) A gooseneck loop under par. (d) shall be
constructed and installed so that all of the following conditions are met:
1. The irrigation pump is located at a higher
elevation than the water source.
2.
The bottom of the pipe at the apex of the gooseneck loop is at least 24 inches
higher in elevation than the highest outlet in the chemigation
system.
3. The pesticide injection
port is located downstream from the gooseneck loop at a point at least 6 inches
lower in elevation than the bottom of the pipe at the apex of the
loop.
4. A vacuum relief valve
under par. (g) is installed in the top of the pipe at the apex of the gooseneck
loop.
(g) Each vacuum
relief valve under par. (c) or (f) 4. shall be installed on top of the
horizontal water supply pipeline on the supply side of the check valve. The
diameter of the vacuum relief valve orifice shall be at least 3/4 inch if the
water supply pipe has a nominal inside diameter of 4 inches or less; at least
one inch if the pipe diameter is 5 to 8 inches; and at least 2 inches if the
pipe diameter is 10 to 12 inches.
(h) Each automatic low pressure drain valve
under par. (c) or (d) 2. shall be installed on the bottom of the horizontal
water supply pipeline on the supply side of the check valve. The automatic low
pressure drain valve shall have a minimum orifice diameter of 3/4 inch. The
valve shall not extend upward beyond the inside surface of the bottom of the
water supply pipeline. The drain outlet shall be located above grade at a
distance of at least 2 inches or twice the diameter of the drain outlet,
whichever is greater. The drain outlet shall be installed and located so that,
when draining occurs, the drained liquid will flow away from any nearby
wellhead or surface water.
(8) FLOW INTERRUPTER; PESTICIDE SUPPLY LINE.
In every chemigation system, a flow interrupter shall be installed in the
pesticide supply line between the pesticide injection unit and the pesticide
supply tank. The flow interrupter shall be designed to stop the flow through
the pesticide supply line if the pesticide injection unit stops operating. The
flow interrupter may consist of a normally closed, solenoid-operated valve or
similar device which forms part of the interlock system under sub.
(11).
(9) FLOW SENSOR; INJECTION
LINE. In every chemigation system, a flow sensor or pressure switch shall be
installed at or near the outlet of the injection pump on the injection line.
The flow sensor or pressure switch shall be installed so that, if the injection
line fails for any reason, the flow sensor or pressure switch will shut off the
injection pump.
(10) CHECK VALVE;
PESTICIDE INJECTION LINE. In every chemigation system, a check valve shall be
installed in the pesticide injection line between the pesticide injection unit
and the point at which pesticides are injected into the water supply. The check
valve shall be spring loaded and have a minimum opening or cracking pressure of
10 pounds per square inch.
(11)
INTERLOCK BETWEEN WATER PUMP AND PESTICIDE INJECTION UNIT. In every chemigation
system, there shall be a mechanical or electrical interlock between the water
supply pump and the pesticide injection unit. If the flow of water is
interrupted, the interlock shall immediately shut off the pesticide injection
unit.
(12) WATER PRESSURE FAILURE;
AUTOMATIC SHUT-OFF. In every chemigation system, a low pressure switch shall be
effectively designed and installed to shut off power to the application system
if water pressure decreases to the point that the pesticide application no
longer complies with the pesticide label directions.
(13) PURGING A CHEMIGATION SYSTEM. After
pesticide injection is completed, water shall be pumped through a chemigation
system for at least the flush time of the application system.
(14) CHEMIGATION OPERATING PLAN; CONTENTS. A
chemigation system shall be operated according to a written operating plan that
describes all of the following:
(a) Sensitive
nontarget areas that may be subject to overspray or drift from the chemigation
system. Sensitive nontarget areas include all of the following:
1. Surface water.
2. Wetlands.
3. Public roads within 100 feet of the
application site.
4. Residences,
migrant labor camps, schools, playgrounds, day care facilities, health care
facilities, commercial or industrial facilities, public recreation areas or
other areas, located within 300 feet of the application site, at which
individuals are likely to be present during the chemigation
application.
(b)
Effective methods for preventing overspray and drift, including all of the
following:
1. Effective methods for monitoring
wind speed and direction.
2.
Effective methods for disabling sprinkler heads or end guns, when
necessary.
(c) Effective
methods to prevent backflow from the chemigation system.
(d) Effective methods to ensure that the
chemigation system is properly calibrated at all times.
(e) Effective methods to monitor chemigation
operations and ensure that the chemigation system is functioning properly.
Monitoring shall include personal observation under sub. (16).
(f) The flush time for the chemigation
system.
(g) Safety procedures and
required safety equipment for persons who operate, repair, or monitor the
chemigation system.
(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.
(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.
(17) WARNING SIGNS.
(a) A person operating a chemigation system
shall post warning signs at the chemigation application site if any of the
following apply:
1. Any portion of the
application site is located within 100 feet of a public road.
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.
Note: A chemigation application site must also
be posted in compliance with s.
ATCP 29.52.
(b) Warning signs under par. (a) shall comply
with all of the following:
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.
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).
3. The form and
content of each warning sign shall be identical to that shown in ch. ATCP 29
Appendix E. A warning sign may contain supplementary information, beyond that
shown in ch. ATCP 29 Appendix E, if the information is consistent with, and
does not detract from, that shown in ch. ATCP 29 Appendix E.
(18) ALTERNATIVE
CHEMIGATION SYSTEM.
(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.
(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.
