Section 29.70. Emergency use permits.

 

(1)   Authority and scope. The department may issue an emergency use permit authorizing the purchase, sale, distribution, and use of a pesticide for a purpose not otherwise permitted under this chapter or ch. ATCP 30 , if that use is necessary in an emergency to control a serious disease or pest infestation. The department may not issue an emergency use permit for any of the following:

(a) A pesticide use that is not authorized under the federal act.

(b) The use of DDT or its isomers or metabolites.

(2)   Permit application. An application for an emergency use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

(a) The complete name and address of the applicant, including the complete name and address of the pesticide applicator if different from the applicant.

(b) A detailed description of the nature and scope of the emergency warranting the pesticide use, including information on the target pest.

(c) A description of the purpose for which the pesticide will be used.

(d) A detailed description of the potential benefits, adverse effects, and hazards which may result from the use of the pesticide.

(e) A description and analysis of feasible alternative pesticides and control measures that could be utilized to control the pest.

(f) The composition and formulation of the pesticide.

(g) The source from which the pesticide is to be purchased or shipped.

(h) The amount of pesticide to be used.

(i) The site of the pesticide application.

(j) The method of pesticide application and any special precautions that will be taken in the use and disposal of the pesticide.

(k) Any additional information required by the department.

(3)   Action on permit application. The department shall grant or deny a permit application under sub. (2) within 20 business days after the department receives a complete application.

(4)   Issuing a permit. The department may issue an emergency use permit under sub. (1) , based on a complete application under sub. (2) , if the department finds all of the following:

(a) The emergency use is necessary to prevent a serious risk to persons, property, or the environment.

(b) The benefits from the proposed emergency use outweigh the potential risks which that use may pose to persons, property, and the environment.

(c) There are no effective alternative control measures.

(6)   P ERMIT CONDITIONS.

(a) The department may impose conditions on an emergency use permit to protect persons, property, and the environment. These may include any of the following:

1. Time limits.

2. Conditions related to the amount of pesticide used, the location and size of the application site, the method of application, and the disposal of pesticide containers and unused pesticides.

3. Conditions related to the training and qualifications of persons applying the pesticide.

4. Other conditions which the department considers appropriate.

(7)   Suspending or revoking a permit. The department may summarily suspend or revoke an emergency use permit if the department finds any of the following:

(a) Information contained in the permit application is false or misleading.

(b) Permit conditions or limitations have been violated.

(c) The pesticide use poses an unreasonable risk to persons, property, or the environment.

Cr. Register, May, 1998, No. 509 , eff. 6-1-98; CR 12-003 : am. (2) (intro) Register May 2013 No. 689 , eff. 6-1-13.

Note

The department may issue permits, under s. 94.709 , Stats., for the use of DDT, its isomers or metabolites. See s. ATCP 30.19 related to emergency use permits for bat control. Microsoft Windows NT 6.1.7601 Service Pack 1 The use of certain pesticides, such as use of atrazine in an atrazine prohibition area, may require a permit under ch. ATCP 30 . Microsoft Windows NT 6.1.7601 Service Pack 1 The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3 . Microsoft Windows NT 6.1.7601 Service Pack 1