Section 80.02. Requirements.

 

(1)  Except as noted in s. NR 80.03 (exemptions) any person desiring to use a limited use pesticide in the state shall obtain a permit from the secretary of the department or the secretary's designated agent who will act after recommendation of the pesticide review board. The information furnished in an application for a permit shall include the description of the area to be treated, interval or calendar period when such treatment shall be made, number of applications, purpose of treatment, pesticide to be used, method of application and rate of application. Upon receipt of a completed application, the department shall approve or deny the request within 15 business days. Denials shall be in writing stating reasons for the denial. In emergencies, department action shall be expedited and applications may be submitted by telegraph, telephone or special delivery mail. Permit application forms may be obtained from the department.

(2)  Except as otherwise provided in this chapter no person shall cause the death or destruction of any wild animal as defined in s. 29.001 (90) , Stats., other than those to be controlled, through negligent use or illegal use of any pesticide (as defined in s. NR 80.01 (9) ).

(3)  Except as noted in s. NR 80.03 (exemptions) , it is unlawful for any person to destroy or control game or fish of any variety classified as such by s. 29.001 , Stats., or amphibians or reptiles, by use of a pesticide, poison or toxic substance unless a permit for that purpose has been obtained from the department.

(4)  Pesticides, seeds, seed pieces or other plant parts treated with a pesticide stored or held at outdoor locations, including loading or application sites, shall be covered or otherwise protected or secured to prevent serious injury to wild animals other than those it is intended to control.

(5)  Pesticides, seeds, seed pieces or other plant parts treated with a pesticide and their containers temporarily held at loading and spraying sites in connection with their use shall be secured in such a manner as to reasonably prevent serious hazard to wild animals or the contamination of waters of the state.

(6)  No person shall use, store, transport or display pesticides, seeds, seed pieces or other plant parts treated with a pesticide contrary to label instructions or in a negligent manner so as to be a serious hazard to wild animals. Any use, storage, transport or display of pesticides, seeds, seed pieces or other plant parts treated with a pesticide in violation of these rules, or any use of a pesticide, seeds, seed pieces or other plant parts treated with a pesticide which a person knows or ought to know creates a high degree of risk and probability of serious injury to wild animals other than those it is intended to control is negligent use.

(7)  No person shall apply to or cause a pesticide, seeds, seed pieces or other plant parts treated with a pesticide to enter waters of the state directly or through sewage systems. This does not apply to persons engaged in fish management or the treatment of waters under the supervision or rules of the department of natural resources, the use of limited use pesticides for the treatment of sewers for insect or rodent control by or under the supervision of qualified government officials or pest control operators, or under department of agriculture permit, or to chemicals accepted and registered for use in root control in sewage lines or in the cleaning, sanitizing, algaciding, slimiciding, or disinfection of toilets, urinals, sewers, sinks, swimming pools, food processing equipment, dishes, utensils, hospital equipment, walls, floors, or other surfaces or materials in any building or area where such uses are necessary for the protection of persons, animals or property.

(8)  No person shall fill pesticide spray equipment, including mix or nurse tanks which contain pesticide or carry pesticides on the tank vehicle from waters of the state. This does not prohibit the filling of tanks used for water supply only from waters of the state, provided no pesticides or empty pesticide containers are carried on the tank vehicle. Pesticide spray equipment shall not be filled or cleaned adjacent to waters of the state including wells where, because of the slope or other condition of the bank, spray materials could readily enter the water in case of overflow, leaks or other causes, or rising waters could reach the filling or cleaning area and become contaminated as a result of prior surface contamination or other reasons. When it is necessary to use a potable water source or other private wells for filling or cleaning spray tanks and equipment, the supply shall be protected from backsiphonage by an air break or other equivalent protection as specified in s. SPS 382.41 .

(9)  No person shall dispose of or hold pesticides or their containers for disposal contrary to directions on the label or in a manner which may contaminate waters of the state or create a serious hazard to wild animals other than those it is intended to control.

(10)  Treated seeds shall be incorporated into the soil during planting and shall not be used or be exposed in such a manner that they present a serious hazard to wild animals other than those it is intended to control.

History: Cr. Register, June, 1976, No. 246 , eff. 7-1-76; am: (1), Register, March, 1985, No. 351 , eff. 4-1-85; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1985, No. 351 ; corrections in (2), (3) and (8) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532 ; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674 .