1. (1) Safe use or disposal. An operator shall safely use or dispose of material recovered under s. ATCP 33.52. Use and disposal shall comply with applicable federal, state and local regulations.

2. (2) Pesticides. An operator may not sell, distribute or apply any material recovered under s. ATCP 33.52 as a pesticide unless that sale or distribution complies with ch. ATCP 29.

   Note: An operator must obtain a permit under s. ATCP 35.03 before landspreading material recovered from the environment as part of an environmental remediation under ch. ATCP 35.

3. (3) Fertilizers.

   1. (a) Except as provided in par. (b), an operator may not sell or distribute any material recovered under s. ATCP 33.52 as a fertilizer or soil or plant additive unless that sale or distribution complies with ch. ATCP 40.

   2. (b) Notwithstanding ch. ATCP 40, an operator may apply to land free of charge, or distribute free of charge to a landowner for application to that person’s land, rinsate recovered under s. ATCP 33.52 if the operator discloses to the landowner the types of fertilizer or soil or plant additives contained in that rinsate.

      Note: If rinsate contains pesticide, an operator must also comply with sub. (2). An operator must obtain a permit under s. ATCP 35.03 before landspreading material recovered from the environment as part of an environmental remediation under ch. ATCP 35.

History

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