Section 30.34. Creation of atrazine management areas.

 

(1)   Authority. In addition to any other restrictions under this chapter or ch. ATCP 31 , the department may, by rule, restrict the use of atrazine product in atrazine management areas designated according to this section.

(2)   Criteria. The department shall create an atrazine management area whenever it determines that supplementary atrazine use restrictions are appropriate in that area to prevent or minimize atrazine contamination of groundwater. The department may consider the following factors, among others, in determining whether to create atrazine management areas:

(a) The frequency of atrazine detections in reliable groundwater test samples taken from a geographically proximate area.

(b) The frequency of atrazine detections over the preventive action limit or over the enforcement standard in reliable groundwater samples taken from a geographically proximate area.

(c) The finding of an elevated mean or median concentration of atrazine in reliable groundwater samples taken from a geographically proximate area, as compared to statewide concentrations.

(d) Results of analysis of reliable groundwater samples from monitoring wells in areas with known atrazine use histories.

(e) The uniformity of hydrogeologic characteristics in a geographically proximate area.

(f) Research results indicating susceptibility of the groundwater to atrazine contamination in a geographically proximate area.

(g) Technical or economic factors which are specific to a geographically proximate area.

(4)   Determining boundaries. An atrazine management area may encompass land areas which, in the department's judgment, are susceptible to atrazine contamination of groundwater based on the factors identified under sub. (2) . The boundaries of the atrazine management area shall be sufficient to minimize the concentration of atrazine in groundwater where technically and economically feasible or regain and maintain compliance with the preventive action limit, if technically or economically feasible, as provided in s. 160.23 , Stats. Boundaries of atrazine management areas may include any of the following:

(a) Mapped boundaries between soil types or other hydrogeologic features.

(b) Groundwater or surface water divides such as watershed boundaries.

(c) Legal land description boundaries including political boundaries.

(d) Public roads.

(5)   Scope of restrictions. The department may impose any of the following restrictions in an atrazine management area:

(a) Prohibitions against the use of atrazine product, subject to s. ATCP 31.08 .

(b) Limitations on the purpose for which atrazine product may be used, including limitation on the crops and target pests for which atrazine product may be used.

(c) Limitations on the rate at which atrazine product may be applied.

(d) Limitations on the time or frequency of atrazine product use.

(e) Limitations on the method of atrazine product use.

(f) Reporting or permit requirements applicable to the use of atrazine product.

(6)   Atrazine management plan. For each atrazine management area established under this subchapter, the department shall also establish an atrazine management plan. The atrazine management plan shall include all of the area in the atrazine management area, and any additional area determined by the department as necessary to achieve the purposes of the atrazine management area. The atrazine management plan shall contain:

(a) A delineation of the boundaries of the area subject to the plan.

(b) A groundwater monitoring program.

(c) An information and education program.

(d) A schedule for review of the effectiveness of the prohibitions and restrictions in the atrazine management area.

(e) Any other provisions deemed appropriate by the department.

History: Cr. Register, March, 1991, No. 423 , eff. 4-1-91; am. (1), r. (3), Register, March, 1993, No. 447 , eff. 4-1-93; renum. from ATCP 30.18, Register, May, 1998, No. 509 , eff. 6-1-98.