Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.03 - Landspreading

(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.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 35.03

Cr. Register, September, 1998, No. 513, eff. 10-1-98; am. (3) (intro.), renum. (3) (f) to be (3) (h), cr. (3) (f), (g) and (6) (c) to (e), r. and recr. (6) (a) and (b), Register, October, 2000, No. 538, eff. 11-1-00; CR 03-119: renum. (1) to be (1) (a), cr. (1) (b) Register October 2004 No. 586, eff. 11-1-04.