Current through August 26, 2024
(1) SOIL.
(a) No person may landspread soil that is
removed from a discharge site, and contains an agricultural chemical, unless
the department issues to that person a permit authorizing that landspreading.
Landspreading shall comply with conditions that the department specifies in the
permit.
(b) An individual who
landspreads soil containing a pesticide is deemed, for purposes of licensing
and certification under ss.
ATCP 29.25 to 29.27, to be applying that pesticide.
Note: Landspreading is a potential method for destroying or
recycling agricultural chemicals removed from a discharge site as part of a
corrective action. The department may approve landspreading which applies
agricultural chemicals at rates that are comparable to normal agronomic
practice.
(2)
WATER. No person may landspread water that is removed from a discharge site,
and is contaminated with an agricultural chemical, unless all of the following
apply:
(a) The department issues to that
person a permit authorizing that landspreading.
(b) The department of natural resources
issues to that person a pollution discharge elimination system permit, if
required under ch. 283, Stats., which authorizes that landspreading.
(c) The landspreading complies with
conditions specified by the department and the department of natural resources
under pars. (a) and (b).
(3) PERMIT APPLICATION. A person applying for
a landspreading permit under sub. (1) or (2) (a) shall apply on a form
prescribed by the department. The person shall submit the application at least
5 department business days before any landspreading occurs. The application
shall include all of the following:
(a) The
name of the applicant and any other persons involved in the
landspreading.
(b) The source and
quantity of soil or water that will be spread on land.
(c) The kinds and amounts of agricultural
chemical contaminants present in the soil or water under par. (b).
(d) The proposed application rate for each
agricultural chemical under par. (c).
(e) The locations at which the soil or water
will be spread on land.
(f) Any
proposed tillage for which the applicant may request reimbursement.
(g) A landspreading agreement form, provided
by the department and completed by the applicant. The completed form shall
document all the following:
1. That the owner
of the proposed landspreading site has consented to the proposed
landspreading.
2. That the
applicant has disclosed in writing, to the owner of the proposed landspreading
site, the kinds and anticipated amounts of agricultural chemicals that will be
landspread on the site. The disclosure shall state that persons applying
agricultural chemicals to the site must, by law, take account of the pesticides
applied by landspreading.
3. That
the owner of the proposed landspreading site has agreed to provide a copy of
the disclosure under subd. 2 to any other person who may grow crops on that
site within 18 months after the landspreading is completed.
Note: To obtain a copy of the landspreading agreement form,
contact the Department of Agriculture, Trade and Consumer Protection,
Agricultural Resource Management Division, P.O. Box 8911, Madison, Wisconsin
53708.
(h) Other
relevant information which the department may require.
(4) ACTION ON PERMIT APPLICATION. The
department may approve landspreading which applies agricultural chemicals at
rates that are comparable to those used in normal agronomic practice. The
department shall grant or deny a permit application under sub. (3) within 30
days after the department receives a complete application.
(5) PERMIT CONDITIONS. The department may
specify conditions which apply to a permit issued under sub. (1) or (2) (a),
including any applicable requirements under chs. 94, 281 to 285 and 289 to 299,
Stats. The department shall specify the conditions in writing, as part of the
permit.
(6) REPORT. Within 30 days
after a permit holder landspreads soil or water pursuant to a department permit
under sub. (1) or (2) (a), the permit holder shall provide the department with
documentation showing all of the following:
(a) The dates and fields on which the
landspreading occurred.
(b) The
rate at which the landspread materials were applied to each field.
(c) Written confirmation that the responsible
person notified the owner of the landspreading site of the actual kinds and
amounts of agricultural chemicals that were applied to the site as a result of
the landspreading.
(d) A
description of any problems incurred in connection with the
landspreading.
(e) A description of
the tillage performed in connection with the landspreading.
