Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 31.03 - Points of standards application

(1) To determine whether an enforcement standard or preventive action limit for a fertilizer substance or pesticide substance has been attained or exceeded, the concentration of the fertilizer substance or pesticide substance shall be measured at a point of standards application. Except as otherwise provided in this section, points of standards application for fertilizer substances and pesticide substances include:

(a) A community water system covered under ch. NR 811.

(b) A private water supply, high capacity water system, school water system or public water system covered under ch. NR 812.

(c) A monitoring well or other groundwater sample source, regardless of whether the well or source is covered under par. (a) or (b), if the well or source is reasonably designed and of adequate depth to permit the collection of representative groundwater samples.

(d) A monitoring well approved by the department under s. ATCP 31.08(4) (a) 1. as a substitute for another point of standards application which is no longer available for testing.

(2) Except with the consent of the property owner, neither a high capacity water system covered under ch. NR 812, nor a well or source not covered under sub. (1)(a) or (b) may be considered a point of standards application for a fertilizer substance or pesticide substance for purposes of a site-specific response under s. ATCP 31.07(5) if:

(a) The system, well or source is located within the property boundary of a parcel of land on which an activity subject to department regulation is conducted; and

(b) The activity subject to department regulation is a potential source of the fertilizer substance or pesticide substance in groundwater; and

(c) The system, well or source is not used as a source of potable water. A system, well or source under this subsection shall be clearly posted to warn potential users that the system, well or source is not a potable water supply. The system, well or source shall be locked when not in use, to prevent any use of the system as a potable water supply.

(3) A private water supply system or high capacity water supply system covered under ch. NR 812 shall, upon request of the system owner, be excluded as a point of standards application for purposes of a site-specific response under s. ATCP 31.07(5) if the system is located within the property boundary of a parcel of land on which an activity subject to department regulation is conducted, and if:

(a) Use of the system has been discontinued, and the discontinued system is locked or otherwise secured to prevent any use of the system; or

(b) The system is used solely as a nonpotable water supply. A nonpotable water supply system under this paragraph shall be clearly posted to warn potential users that the system is not a potable water supply. The system shall also be locked or otherwise secured when not in use, to prevent any use of the system as a potable water supply.

(4) A well or system shall be excluded as a point of standards application if the department or the department of natural resources determines that groundwater samples collected from the well or system do not reliably reflect groundwater conditions, because of the design or construction of the well or system.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 31.03

Cr. Register, September, 1985, No. 357, eff. 10-1-85; Register, January, 1998, No. 505; correction made under s. 13.93(2m) (b) 7, Stats.; cr. (1) (d), Register, March, 1998, No. 507, eff. 4-1-98.

Since groundwater monitoring is not usually required under existing rules for activities subject to department regulation, the points of standards application in this section are specified pursuant to s. 160.21(2) (b), Stats.