Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 31 - Groundwater protection program
Section ATCP 31.05 - Violation of existing statute or rule; enforcement options
Current through August 26, 2024
(1) FERTILIZER AND PESTICIDE BULK STORAGE; VIOLATION OF EXISTING RULES. If, upon investigation under s. ATCP 31.04(2), the department finds that the concentration of a fertilizer substance or pesticide substance in groundwater has resulted from a violation of rules adopted by the department under s. 94.645, Stats., the department may proceed against the violator using any of the following enforcement options, even if the concentration does not exceed an enforcement standard or preventive action limit:
Note: Rules adopted under s. 94.645, Stats., to regulate fertilizer bulk storage are contained in ch. ATCP 33. Rules adopted under s. 94.645, Stats., to regulate pesticide bulk storage are contained in ch. ATCP 33.
(2) PESTICIDE USE; VIOLATION OF EXISTING STATUTES OR RULES. If, upon preliminary investigation under s. ATCP 31.04(2), the department finds that the concentration of a pesticide substance in groundwater has resulted from a violation of any provision of ss. 94.67 through 94.71, Stats., or any rule adopted under s. 94.69, Stats., the department may proceed against the violator using any of the enforcement options set forth under s. 94.71, Stats., as appropriate, or may issue a warning notice to the violator under s. 93.06(10), Stats., as appropriate. The concentration of a pesticide substance in groundwater need not attain or exceed an enforcement standard or preventive action limit in order for the department to take enforcement action under this subsection.
(3) This section does not limit the department's responsibility under ss. ATCP 31.06 and 31.07.
