1. (1) Definition. In this section, “pesticide management” means controlling the storage, handling, use, and disposal of pesticides used in crop production in order to minimize contamination of water, air, and nontarget organisms.

2. (2) Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse costs for pesticide management described in a pesticide management plan, if required, or described in the plan for the design of a pesticide structure. A cost-share grant may reimburse any of the following costs related to pesticide management:

   1. (a) Costs for integrated pest management field scouting.
   2. (b) Costs to develop or revise a pesticide management plan.

   3. (c) Costs for spill control facilities, including any of the following facilities that are needed:

      1. 1. A liquid-tight, reinforced concrete pad for a pesticide mixing area.
      2. 2. Water-tight walls or perimeter flow diversion structures to convey spills or contaminated water from a pesticide mixing area to a sump.
      3. 3. Perimeter flow diversion structures needed to convey surface water away from a pesticide mixing area.
      4. 4. A shallow sump collection area capable of storing spills, rinsate, washwater, and precipitation that may leak or fall on a pesticide mixing pad.
      5. 5. Roof structures and walls to protect a pesticide mixing area.
      6. 6. Pesticide mixing area approach ramps.
      7. 7. Water supply systems needed for a pesticide mixing area.
      8. 8. Sump pump alarm and recovery systems for a pesticide mixing area.

3. (3) Design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse pesticide management costs under this section unless all of the following conditions are met:

   1. (a) The cost-shared practice complies with all of the following that apply:

      1. 1. NRCS conservation practice standard 595 pest management conservation system (January, 2022).
      2. 1m. NRCS conservation practice standard 309 agrichemical handling facility (September, 2021).
      3. 2. Pesticide mixing and loading standards under subch. VIII of ch. ATCP 29.

      4. 3. Standards specified by the University of Wisconsin-Madison, biological systems engineering department, in “Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures” (February, 2005).

         Note: The “Wisconsin Minimum Design and Construction Standards for Concrete Mixing and Loading Pads and Secondary Containment Structures” (February, 2005) is on file with the department and the legislative reference bureau. Copies may be purchased from the University of Wisconsin-Madison, Biological Systems Engineering Department, 460 Henry Mall, Madison, WI 53706, telephone: (608) 262-3311.

   2. (b) The landowner agrees to maintain the pesticide management plan, if required, for the duration specified in the cost-share contract, and to maintain any structures for 10 years unless farming operations on the affected land are discontinued.

History

History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 08-075: r. and recr. (3) (a) Register April 2009 No. 640, eff. 5-1-09; CR 13-016: am. (2) (intro.), (3) (a) 1., (b) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (3) (a) 1., cr. (3) (a) 1m. Register May 2024 No. 821, eff. 6-1-24.