Section ATCP 31.06 - Fertilizer or pesticide bulk storage; groundwater contamination exceeding enforcement standard or preventive action limit; regulatory options(1) RULEMAKING. If, upon investigation under s. ATCP 31.04(2), the department finds that the concentration of a fertilizer substance or pesticide substance in groundwater attains or exceeds an enforcement standard or preventive action limit, and that the concentration has resulted from or may be affected by bulk fertilizer or bulk pesticide storage activities which are not currently regulated by the department, the department shall review its rules adopted under s. 94.645, Stats., to determine whether the rules should be amended pursuant to s. 160.19, Stats. Rule amendments, if any, shall be general in application, and may not be limited in their application to a single bulk fertilizer or bulk pesticide storage facility. 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) SPECIAL ORDERS; STATUTORY LIMITATIONS ON USE. The department may not regulate the storage of bulk fertilizer or bulk pesticides by special order under s. 94.645(4) (a), Stats., except to prohibit or correct a violation of existing rules under s. 94.645, Stats. This does not prevent the department from regulating the storage or other use of bulk pesticides by special order under s. 94.71(3) (c), Stats., and this chapter, whether or not the storage or use violates existing rules under s. 94.645, Stats.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 31.06
Cr. Register, September, 1985, No. 357, eff. 10-1-85.If groundwater contamination is related to fertilizer bulk storage, but the department is unable to respond by rule or special order, the department may refer the matter to the department of natural resources for possible site-specific action under ch. 292, Stats.