Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 30.375 - Repealing prohibition areas

The department may repeal or reduce the size of a prohibition area under s. ATCP 30.37 if all the following conditions are met:

(1) Tests on at least 3 consecutive groundwater samples, drawn from each well site in the prohibition area at which the concentration of atrazine and its metabolites previously attained or exceeded the enforcement standard under s. NR 140.10, show that the concentration at that well site has fallen to and remains at not more than 50% of the enforcement standard. The 3 consecutive samples shall be collected at each well site at intervals of at least 6 months, with the first sample being collected at least 6 months after the effective date of the prohibition. A monitoring well approved by the department may be substituted for any well site which is no longer available for testing.

(2) Tests conducted at other well sites in the prohibition area during the same retesting period, if any, reveal no other concentrations of atrazine and its metabolites that exceed 50% of the enforcement standard under s. NR 140.10.

(3) The department determines, based on credible scientific evidence, that renewed use of atrazine products in the prohibition area is not likely to cause a renewed violation of the enforcement standard.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 30.375

Cr. Register, April, 1998, No. 508, eff. 5-1-98; renum. from ATCP 30.05, Register, May, 1998, No. 509, eff. 6-1-98; correction in (intro.) made under s. 13.93(2m) (b) 7, Stats., Register, May, 1998, No. 509.

The department may reinstate a repealed prohibition area if groundwater testing at a point of standards application shows an increasing trend of atrazine contamination, suggesting that contamination may again attain or exceed the enforcement standard.