Section ATCP 29.45 - Pesticide mixing and loading; spill containment(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. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 29.45
Cr. Register, May, 1998, No. 509, eff. 6-1-98; CR 12-003: am. (3) (b), cr. (3) (d), (e), r. and recr. (4) (a), (5) Register May 2013 No. 689, eff. 6-1-13.