Section 29.54. Chemigation.

 

(1)   Definitions. In this section:

(a) "Agricultural chemigation system" means a chemigation system that mixes pesticides with irrigated water and applies the pesticides with the irrigation water in an agricultural setting.

(am) "Automatic low pressure drain valve" means a self-activating device which is designed and constructed to drain the water supply pipeline in a chemigation system if water pressure falls or the water supply pump ceases operation.

(b) "Calibrate" means to measure and adjust the dispersal or output of equipment to control the rate of pesticide dispersal, and the droplet or particle size of pesticides dispersed by that equipment.

(c) "Check valve" means a device designed and constructed to close a water supply pipeline, pesticide injection line, or other conduit in a chemigation system and to prevent reverse flow in that line.

(d) "Chemigation" means the application of pesticides using a chemigation system.

(e) "Chemigation system" means a device or system which mixes pesticides with irrigation water drawn from any source, and which applies the pesticides with the irrigation water. "Chemigation system" includes all of the components of the system. "Chemigation system" does not include any of the following:

1. A hand-held or hose-end sprayer.

3. A device or system used only to inject pesticides directly into plants.

4. A device or system used only to apply pesticides directly to the roots of ornamental trees and shrubs.

(f) "Flush time" means the time needed under normal operating conditions to completely fill an irrigation system with water so that all outlets are discharging water.

(g) "Injection unit" means a chemical metering pump or device that withdraws pesticide from a supply tank and injects the pesticide into irrigation water during chemigation.

(gm) "Non-agricultural chemigation system" means a chemigation system that is used to apply pesticides in a non-agricultural setting, including to urban lawns and gardens.

(h) "Pesticide supply tank" means a container used to hold pesticides for injection into a chemigation system.

(j) "Potable water supply" means a well or other source of water which is used for human consumption, hygiene, or preparation of food products.

(k) "Reduced pressure principle backflow preventer" means a backflow prevention device consisting of 2 independently acting check valves, spring-loaded to a closed position and separated by an intermediate chamber in which there is an automatic relief that is vented to the atmosphere and spring-loaded to the open position.

(km) "Urban pesticide misting system" means a non-agricultural chemigation system that draws water from any source, mixes the water with a pesticide, and applies the mixture outdoors and into the air to kill, repel, or otherwise control pests in an urban setting, including a residential or commercial area.

(L) "Vacuum relief valve" means an atmospheric device designed, constructed, and installed to protect against back-siphonage by allowing the entry of air to relieve vacuums in a chemigation system.

(2)   General requirements.

(a) A person operating a chemigation system shall comply with this section.

(b) Except as provided under sub. (18) , a chemigation system shall be designed and constructed according to this section.

(c) A chemigation system shall be designed, constructed, operated, and maintained to do all of the following:

1. Comply with the manufacturer's specifications.

2. Prevent pesticides used in the system from contaminating the waters of the state.

3. Prevent unreasonable hazards to persons, property, and the environment.

(3)   Chemigation water supply. No chemigation system may draw water directly from a potable water supply. A chemigation system may draw water from a pond or reservoir to which water has been pumped from a potable water supply, provided that there is an unobstructed vertical air gap between the potable water supply outlet and the flood level of the pond or reservoir. The air gap shall be at least 2 feet, or at least twice the diameter of the effective opening of the water supply outlet, whichever is greater.

(4)   Chemigation system; construction materials.

(a) A chemigation system shall be resistant to corrosion, puncture, and cracking.

(b) Every chemigation system component that may come into contact with pesticides shall be chemically compatible with every pesticide used in the system. Before using any pesticide in a chemigation system, the user shall obtain a written confirmation of chemical compatibility from the system manufacturer or the pesticide manufacturer. The user shall keep the written confirmation on file, and shall make it available to the department for inspection and copying upon request.

(5)   Pesticide injected into chemigation system.

(a) No pesticide may be injected into a chemigation system unless the pesticide is labeled for application by chemigation.

(b) No pesticide may be injected into a chemigation system contrary to, or inconsistent with, label directions.

(c) Every chemigation system shall be properly calibrated to apply the pesticide at the application rate specified on the pesticide label.

(d) The point at which pesticides are injected into a chemigation system shall be located downstream from all devices required under subs. (7) to (10) .

(e) No pesticide may be injected into an urban pesticide misting system unless the pesticide is labeled for application by misting.

(f) A rain sensor and a wind sensor must be installed on an urban pesticide misting system to prevent drift and control runoff.

(g) A legible copy of the label must be securely attached to an urban pesticide misting system's reservoir tank or on the outside of the system timer.

(6)   Pesticide supply tank. No container used to hold pesticides for injection into a chemigation system may be located less than 8 feet horizontally from any water supply, including any well head or surface water source. The pesticide container, pesticide injection unit, and all connections between the pesticide container and injection unit shall be located within secondary containment that complies with ss. ATCP 33.40 , 33.42 , and 33.44 .

(7)   preventing backflow. A chemigation system shall comply with the following requirements unless the system draws nonpotable water from a privately-owned watertight container or impoundment that is protected by an air gap under sub. (3) :

(a) A reduced pressure principle backflow preventer shall be installed in every chemigation system, except as provided under pars. (b) to (d) . The reduced pressure principle backflow preventer shall be all of the following:

1. In compliance with s. SPS 382.41 .

2. Installed according to the manufacturer's specifications in the water supply pipeline between the supply pump discharge and the point at which pesticides are injected.

3. Maintained in fully operational condition.

4. Tested annually by a tester who is currently listed with the department of safety and professional services as a backflow tester.

5. Protected so that it does not freeze.

(b) A barometric loop may be installed in a chemigation system, in place of a reduced pressure principle backflow preventer under par. (a) , if the chemigation system is not subject to back pressure. The barometric loop shall extend to an elevation at least 35 feet above the highest outlet in the chemigation system. The loop shall be installed in the water supply pipeline between the supply pump discharge and the point at which pesticides are injected.

(c) Two check valves may be installed in a chemigation system, in place of a reduced pressure principle backflow preventer under par. (a) , if the chemigation system draws from surface waters. The check valves shall be connected in series, and shall be installed in the water supply pipeline between the supply pump discharge and the point at which pesticides are injected. Each check valve shall comply with par. (e) , and shall be preceded by a vacuum relief valve under par. (g) and an automatic low pressure drain valve under par. (h) .

(d) A check valve followed by a gooseneck loop may be installed in a chemigation system, in place of a reduced pressure principle backflow preventer under par. (a) , if all of the following conditions are met:

1. The chemigation system draws water from surface waters that are higher in elevation than the surface being chemigated.

2. The check valve complies with par. (e) , and is preceded by an automatic low pressure drain valve under par. (h) .

3. The gooseneck loop complies with par. (f) .

(e) A check valve under par. (c) or (d) shall be all of the following:

1. Quick-closing by spring action.

2. Certified for compliance with underwriters' laboratory (UL) standard 312.

(f) A gooseneck loop under par. (d) shall be constructed and installed so that all of the following conditions are met:

1. The irrigation pump is located at a higher elevation than the water source.

2. The bottom of the pipe at the apex of the gooseneck loop is at least 24 inches higher in elevation than the highest outlet in the chemigation system.

3. The pesticide injection port is located downstream from the gooseneck loop at a point at least 6 inches lower in elevation than the bottom of the pipe at the apex of the loop.

4. A vacuum relief valve under par. (g) is installed in the top of the pipe at the apex of the gooseneck loop.

(g) Each vacuum relief valve under par. (c) or (f) 4. shall be installed on top of the horizontal water supply pipeline on the supply side of the check valve. The diameter of the vacuum relief valve orifice shall be at least 3/4 inch if the water supply pipe has a nominal inside diameter of 4 inches or less; at least one inch if the pipe diameter is 5 to 8 inches; and at least 2 inches if the pipe diameter is 10 to 12 inches.

(h) Each automatic low pressure drain valve under par. (c) or (d) 2. shall be installed on the bottom of the horizontal water supply pipeline on the supply side of the check valve. The automatic low pressure drain valve shall have a minimum orifice diameter of 3/4 inch. The valve shall not extend upward beyond the inside surface of the bottom of the water supply pipeline. The drain outlet shall be located above grade at a distance of at least 2 inches or twice the diameter of the drain outlet, whichever is greater. The drain outlet shall be installed and located so that, when draining occurs, the drained liquid will flow away from any nearby wellhead or surface water.

(8)   Flow interrupter; pesticide supply line. In every chemigation system, a flow interrupter shall be installed in the pesticide supply line between the pesticide injection unit and the pesticide supply tank. The flow interrupter shall be designed to stop the flow through the pesticide supply line if the pesticide injection unit stops operating. The flow interrupter may consist of a normally closed, solenoid-operated valve or similar device which forms part of the interlock system under sub. (11) .

(9)   Flow sensor; injection line. In every chemigation system, a flow sensor or pressure switch shall be installed at or near the outlet of the injection pump on the injection line. The flow sensor or pressure switch shall be installed so that, if the injection line fails for any reason, the flow sensor or pressure switch will shut off the injection pump.

(10)   Check valve; pesticide injection line. In every chemigation system, a check valve shall be installed in the pesticide injection line between the pesticide injection unit and the point at which pesticides are injected into the water supply. The check valve shall be spring loaded and have a minimum opening or cracking pressure of 10 pounds per square inch.

(11)   Interlock between water pump and pesticide injection unit. In every chemigation system, there shall be a mechanical or electrical interlock between the water supply pump and the pesticide injection unit. If the flow of water is interrupted, the interlock shall immediately shut off the pesticide injection unit.

(12)   Water pressure failure; automatic shut-off. In every chemigation system, a low pressure switch shall be effectively designed and installed to shut off power to the application system if water pressure decreases to the point that the pesticide application no longer complies with the pesticide label directions.

(13)   Purging a chemigation system. After pesticide injection is completed, water shall be pumped through a chemigation system for at least the flush time of the application system.

(14)   Chemigation operating plan; contents. A chemigation system shall be operated according to a written operating plan that describes all of the following:

(a) Sensitive nontarget areas that may be subject to overspray or drift from the chemigation system. Sensitive nontarget areas include all of the following:

1. Surface water.

2. Wetlands.

3. Public roads within 100 feet of the application site.

4. Residences, migrant labor camps, schools, playgrounds, day care facilities, health care facilities, commercial or industrial facilities, public recreation areas or other areas, located within 300 feet of the application site, at which individuals are likely to be present during the chemigation application.

(b) Effective methods for preventing overspray and drift, including all of the following:

1. Effective methods for monitoring wind speed and direction.

2. Effective methods for disabling sprinkler heads or end guns, when necessary.

(c) Effective methods to prevent backflow from the chemigation system.

(d) Effective methods to ensure that the chemigation system is properly calibrated at all times.

(e) Effective methods to monitor chemigation operations and ensure that the chemigation system is functioning properly. Monitoring shall include personal observation under sub. (16) .

(f) The flush time for the chemigation system.

(g) Safety procedures and required safety equipment for persons who operate, repair, or monitor the chemigation system.

(15)   Chemigation operating plan; location and availability. When a chemigation system is operating, the chemigation operating plan under sub. (14) shall be kept at the chemigation site or in the custody of the individual who is operating the chemigation system. A person who owns or operates a chemigation system shall also keep a copy of the plan at that person's business office or residence. A person having custody of a plan shall make it available to the department for inspection and copying upon request.

(16)   Observing chemigation operations. An individual operating a chemigation system shall be present at the chemigation site at all times when chemigation overspray or drift may affect sensitive nontarget areas under sub. (14) (a) . For other chemigation operations, the individual shall be present at least hourly. An individual is not present unless the individual can effectively monitor whether the chemigation system is properly functioning, whether it is properly calibrated, whether it is causing pesticide overspray or drift, and whether it is creating an unreasonable hazard to persons, property, or the environment. If a pesticide label imposes additional observation requirements, the operator of the chemigation system shall comply with those requirements.

(17)   W ARNING SIGNS.

(a) A person operating a chemigation system shall post warning signs at the chemigation application site if any of the following apply:

1. Any portion of the application site is located within 100 feet of a public road.

2. Any portion of the application site is located within 300 feet of a residence, migrant labor camp, school, playground, day care facility, health care facility, commercial or industrial facility, public recreation area, or other area where individuals are likely to be present during the operation of the chemigation system.

(b) Warning signs under par. (a) shall comply with all of the following:

1. Warning signs shall be posted before chemigation begins, and shall remain posted until chemigation is completed and treated surfaces have dried. All warning signs shall be intact and fully legible throughout the required posting period. Warning signs may remain posted indefinitely if they are intact and fully legible during all required posting periods.

2. Warning signs shall be posted at regular intervals along the border between the application site and any road or area identified under par. (a) , and at normal points of access to the application site. At least one warning sign shall be posted for each 1/4 mile of border. At least one warning sign shall be posted at each application site identified under par. (a) .

3. The form and content of each warning sign shall be identical to that shown in ch. ATCP 29 Appendix E . A warning sign may contain supplementary information, beyond that shown in ch. ATCP 29 Appendix E , if the information is consistent with, and does not detract from, that shown in ch. ATCP 29 Appendix E .

(18)   A LTERNATIVE CHEMIGATION SYSTEM.

(a) The department may issue a permit authorizing an alternative chemigation system that does not comply with this section if the alternative chemigation system provides equal or greater protection to the waters of the state, and complies with other applicable state and federal laws.

(b) A person applying for a permit under par. (a) shall apply in writing, and shall include all relevant information and design specifications required by the department. The department shall grant or deny a permit within 45 days after receiving a complete application.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; correction in (6) made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611 ; correction in (7) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673 ; CR 12-003 : r. and recr. (1) (a), cr. (1) (am), (gm), (km), r. (1) (e) 2., cr. (5) (e) to (g), am. (7) (a) 1., (10), (12), (13) Register May 2013 No. 689 , eff. 6-1-13; correction in (17) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689 ; CR 14-047 : am. (1) (e) 4. Register May 2015 No. 713 , eff. 6-1-15.

Note

See also ss. NR 812.38 and SPS 382.41 . Microsoft Windows NT 6.1.7601 Service Pack 1 The department of safety and professional services can provide a list of persons qualified to test reduced pressure principle backflow preventers. Microsoft Windows NT 6.1.7601 Service Pack 1 UL Standard 312, published by the underwriters' laboratory, is on file with the department and the legislative reference bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 A chemigation application site must also be posted in compliance with s. ATCP 29.52 . Microsoft Windows NT 6.1.7601 Service Pack 1