Section 31.09. Rulemaking to control pesticide contamination of groundwater; general.

 

(1)   Substance-specific rules. If an enforcement standard and preventive action limit are adopted by the department of natural resources for any pesticide substance, the department shall review its existing rules and adopt new or amended rules as necessary to comply with s. 160.19 , Stats. The department may adopt rules on a substance-specific basis as appropriate, pursuant to ss. 94.69 , 160.19 , and 160.21 , Stats. Except as otherwise provided under ch. 160 , Stats. , the rules shall be designed, to the extent technically and economically feasible, to minimize the level of the pesticide substance in groundwater and maintain compliance with the preventive action limit for the pesticide substance statewide. Rule provisions may apply on a statewide or localized basis, and on a temporary or permanent basis, as necessary to address varying state or local conditions.

(2)   Rule provisions. Substance-specific rules under this section may include:

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

(b) Limitations on the purposes for which a pesticide may be used, including limitations on the crops and target pests for which a pesticide may be used.

(c) Limitations on the rate at which a pesticide is applied.

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

(e) Limitations on the method of pesticide use.

(f) Reporting or permit requirements applicable to the use of a pesticide.

(g) Requirements for the training or certification of pesticide applicators or other persons using a pesticide.

(h) Required site-specific responses to be implemented by the department if an enforcement standard or preventive action limit for a pesticide substance is attained or exceeded at a point of standards application. Rules may specify the form and scope of the site-specific responses, and the specific conditions under which the site-specific responses are to be implemented.

(3)   Site-specific responses required by rule. Site-specific responses required by rule under this section shall comply with s. ATCP 31.07 . Before adopting rules to require site-specific responses, the department shall consider the factors set forth under s. ATCP 31.07 (4) , to the extent feasible. If, by rule, the department requires site-specific responses which will prohibit the use of a pesticide in affected localities, the rule shall comply with s. ATCP 31.08 .

(4)   Scope of rulemaking authority; general. The section does not limit the department's rulemaking authority under s. 94.69 , 160.19 or 160.21 , Stats. In the exercise of its rulemaking authority, the department may consider any information which may be relevant to the rulemaking proceeding, whether or not the information is derived from Wisconsin groundwater samples. The finding of a pesticide substance in groundwater, at a level which equals or exceeds an enforcement standard or preventive action limit, is not a prerequisite to the exercise of the department's rulemaking authority under s. 94.69 , 160.19 or 160.21 , Stats.

History: Cr. Register, September, 1985, No. 357 , eff. 10-1-85.