Section 30.33. Annual report and recommendations.

 

(1)   Annual report. The department shall provide the board with an annual report which includes state groundwater test results under sub. (2) and the department's recommendations under sub. (3) . If the department recommends that the use of atrazine be further restricted or prohibited, the department shall submit draft rules to implement its recommendations, according to sub. (4) .

(2)   Groundwater test results. The annual report under sub. (1) shall indicate the results of statewide groundwater tests for atrazine and its metabolites. The report shall indicate all groundwater test results that equal or exceed the preventive action limit for atrazine, and all results that equal or exceed the enforcement standard for atrazine. The report shall also discuss the results of the department's investigations related to atrazine in groundwater, significant trends or developments related to atrazine in groundwater, and other information which the department considers relevant to the regulation of atrazine.

(3)   Recommendations. Based on groundwater test results and other relevant information, the department shall annually evaluate its restrictions on the use of atrazine. As part of its annual report under sub. (1) , the department shall recommend further restrictions on atrazine use which the department considers necessary, pursuant to ch. ATCP 31 and this chapter. This may include recommendations for any of the following:

(a) Statewide restrictions or prohibitions against the use of atrazine.

(b) Atrazine management areas under s. ATCP 30.34 .

(c) Atrazine prohibition areas under ss. ATCP 30.35 to 30.38 .

(4)   Rules. If the department recommends further restrictions on the use of atrazine under sub. (3) , the department shall submit proposed hearing draft rules to implement its recommendations. If the board declines to adopt final draft rules, or approves final draft rules that differ from the department's hearing draft rules, the department shall identify each rule modification to the legislature, as part of the department's report under s. 227.19 (2) , Stats. Except in an emergency, the department shall transmit its final draft rules for legislative committee review under s. 227.19 , Stats., by January 1 of each year.

History: Cr. Register, March, 1993, No. 447 , eff. 4-1-93; renum. from ATCP 30.11, Register, May, 1998, No. 509 , eff. 6-1-98; correction in (3) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1998, No. 509 ; CR 10-122 : am. (3) (c) Register July 2011 No. 667 , eff. 8-1-11.