Section 29.46. Mixing or loading near surface waters.

 

(1)   Prohibitions. Except as provided under sub. (2) , no person may do any of the following:

(a) Immerse any pesticide application equipment, mix tank, or nurse tank in the waters of the state.

(b) Fill any pesticide application equipment, mix tank, or nurse tank from the waters of the state.

(c) Clean or fill any pesticide application equipment, mix tank, or nurse tank near the surface waters of the state, or near any well site, if pesticide spillage or overflow may contaminate waters of the state.

(2)   Exemptions. Subsection (1) does not prohibit any of the following:

(a) Filling pesticide application equipment, or a mix or nurse tank, from a well or discharge outlet that is fully protected against backflow and backsiphonage under s. SPS 382.41 . The air gap from the supply outlet to the equipment being filled shall be at least twice the effective opening of the supply outlet, but not less than one inch.

(b) Filling or cleaning pesticide application equipment, or a mix or nurse tank, over a spill containment surface that complies with s. ATCP 29.45 .

(c) Applying a pesticide by means of chemigation that complies with s. ATCP 29.54 .

(d) Filling a water supply tank from surface waters if the water supply tank is used only to carry water. If the vehicle carrying the water supply tank also carries a pesticide container, the pesticide container must remain at least 8 feet from the surface water while the water supply tank is being filled.

(e) Making an aquatic pesticide application according to ch. NR 107 , or filling a water supply tank from surface waters for that application.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; correction in (2) (a) made under s. 13.92 (4) (b) 6. , Stats., Register January 2012 No. 673 .