Current through August 26, 2024
(1) SPILL
CONTAINMENT REQUIRED. Except as provided under sub. (2), no person may mix or
load a pesticide at any of the following sites unless the mixing or loading
operation is conducted over a spill containment surface that complies with this
section:
(a) A site located within 100 feet
of any well or surface water.
(b) A
site, or a group of jointly owned or operated sites located within 1/2 mile of
each other, at which a total of more than 1,500 pounds of dry or liquid
pesticide active ingredients are mixed or loaded in any calendar year.
Pesticide active ingredients under this paragraph include those contained in
pesticide-fertilizer mixtures.
Note: See also ch. ATCP 33.
(2) EXEMPTIONS. Subsection (1) does not apply
to any of the following:
(a) Applying a
pesticide to the waters of the state, according to ch. NR 107, in order to
manage or control aquatic organisms.
(b) Mixing or loading a pesticide into
application equipment having a total capacity of 5 gallons or less of liquid
pesticide, or 50 pounds or less of nonliquid pesticide.
(c) Mixing or loading a pesticide at a site
that is at or immediately adjacent to the pesticide application site and at
least 100 feet from any well or surface water.
(3) SPILL CONTAINMENT SURFACE; GENERAL. A
spill containment surface under sub. (1) shall comply with all of the
following:
(a) It shall be designed to catch
and contain all reasonably foreseeable spills of pesticides mixed or loaded
over that spill containment surface.
(b) It shall be liquid tight and made of
portland cement concrete or other nonabsorbent materials. It shall be strong
enough to withstand all foreseeable loading conditions, including the filled
weight of all vehicles, application equipment, or other equipment that may be
used or located on it. A tarpaulin may not be used as a spill containment
surface for liquid pesticides.
Note: Spill containment surfaces constructed prior to June
1, 2013, may be made of asphalt or other materials approved by the
department.
(c) It shall
extend beneath the pesticide load-out conveyor, if any, unless the load-out
conveyor is fully enclosed within a housing that is adequate to contain all
spillage from the conveyor.
(d) A
spill containment surface shall be inspected at least semi-annually and be
maintained to ensure compliance with this section. All repairs to a spill
containment surface shall be made according to good engineering practices and
manufacturer specifications.
(e) A
spill containment surface shall be removed if it cannot be maintained in
compliance with this section for at least 2 years after the date of an initial
repair or if corrective action is needed to remove environmental contamination
beneath the spill containment surface.
(4) SPILL CONTAINMENT SURFACE; LIQUID
PESTICIDES.
(a) If any liquid pesticide is
mixed or loaded over a spill containment surface under sub. (1), the surface
shall meet all of the requirements under sub. (3) in addition to all of the
following requirements:
1. The spill
containment surface shall be liquid tight.
2. The spill containment surface shall have
one or more fully functioning pumps that can be used to remove liquid from the
surface of the mixing and loading pad. Each pump shall be plumbed or have a
readily available hose connection to a storage container that shall be
designed, constructed, inspected and maintained to operate effectively and to
prevent discharges under all reasonably foreseeable use conditions. The storage
container shall at all times have an unused capacity of at least 200 gallons.
The pump shall self-activate or shall be susceptible to immediate activation
whenever needed.
3. If the spill
containment surface drains to a sump area, the sump area shall meet all
requirements set forth under sub. (5).
4. The spill containment surface shall be
protected against precipitation runoff from surrounding surfaces.
5. The spill containment surface may not have
any precipitation drain through which spilled pesticide could
discharge.
(b) A
tarpaulin may not be used as a spill containment surface for liquid
pesticides.
(c) A pesticide mixed
with a liquid carrier is considered a liquid pesticide under this subsection.
The impregnation of a nonliquid fertilizer with a liquid pesticide does not
constitute the mixing or loading of a liquid pesticide under this
subsection.
(5) SUMP
AREA. If the spill containment surface drains to a sump area, the sump area
shall meet all of the following requirements:
(a) The sump area shall be designed,
constructed and maintained to contain all liquid that drains to the
sump.
(b) The sump area shall be
liquid-tight.
(c) The sump area
shall have a pump and storage container as described in s. ATCP 29.45(4) (a)
2.
(d) The capacity of a sump
installed after June 1, 2013, shall not be more than 50 gallons.
(e) The sump area shall be routinely
inspected and maintained in compliance with this section and shall make and
keep records of inspection and maintenance for at least 3 years.
(f) The sump area shall be repaired, when
necessary, to good engineering practices and manufacturer
specifications.
(g) The sump area
shall be removed if it cannot be maintained in compliance with this section, or
if corrective action is needed to remove environmental contamination from
beneath the sump area. A leaking sump area shall be removed unless the sump is
repaired and remains liquid-tight for at least 2 years after the date of
repair.
Note: Construction standards for sumps at fertilizer and
pesticide bulk storage facilities are found in s.
ATCP 33.38. In
addition, the Wisconsin minimum design standards for concrete agrichemical
containment (February, 2005), written by Professor David W. Kammel, department
of biological systems engineering, University of Wisconsin-Extension, is on
file with the department and the legislative reference bureau. Copies are
available from the department, free of charge, at the following address:
Department of Agriculture, Trade and Consumer
Protection
Agricultural Resource Management Division
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4500
Web: http://datcp.wi.gov
(6) RECOVERY OF DISCHARGES.
Pesticides spilled or intentionally released onto a spill containment surface
under sub. (1) shall be promptly recovered from the spill containment surface
or from the catch basin to which it drains.
