Section 33.22. Dry fertilizer or pesticide storage structures.

 

(1)   General. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be designed, constructed, inspected and maintained to withstand the pressure of stored product, to prevent discharges, and to prevent precipitation from contacting stored product.

(2)   Indoor storage required. An operator shall store dry bulk fertilizer and dry bulk pesticide on a portland cement concrete surface in a fully enclosed building, except that the operator may store the following products outdoors:

(a) Products that are fully enclosed in durable sealed weatherproof packages or containers.

(b) Potassium chloride, or another fertilizer product specifically authorized in writing by the department, if all of the following apply:

1. The product is stored on an asphalt concrete or portland cement concrete surface that will contain any precipitation runoff that may come in contact with the stored product.

2. The product is fully covered by a waterproof cover that prevents exposure to precipitation.

(3)   Removing product from storage structure. An operator shall remove all bulk fertilizer and bulk pesticide from a dry bulk fertilizer or dry bulk pesticide storage structure if any of the following apply:

(a) The structure is no longer used to store dry bulk fertilizer or dry bulk pesticide.

(b) The operator transfers ownership of the structure to a person who is not an operator.

(c) The department orders the removal or demolition of the storage structure, as part of a discharge cleanup under ch. ATCP 35 .

(d) The operator fails to maintain the structure according to sub. (1) .

(4)   Security. Structures used to store dry bulk fertilizer or dry bulk pesticide shall be secured against access by unauthorized persons when the operator is not present at the storage facility.

(5)   Labeling storage bins and containers.

(a) An operator shall label every storage bin and container used to store dry bulk fertilizer or dry bulk pesticide.

(b) A fertilizer label under par. (a) shall include the name or grade of the fertilizer, as required by s. 94.64 (2) (d) , Stats.

(c) A pesticide label under par. (a) shall comply with the federal insecticide, fungicide and rodenticide act as amended ( 7 USC 136 to 136y ) and regulations issued under that act. The label shall include the identification number of the pesticide producing establishment from which the pesticide originated.

CR 05-108 : cr. Register October 2006 No. 610 , eff. 11-1-06.