Section ATCP 31.04 - Preliminary investigation based on groundwater sample test results(1) Upon receipt of groundwater test results indicating the presence of a fertilizer substance or pesticide substance in groundwater, the department shall undertake a preliminary investigation to determine whether the presence of the fertilizer substance or pesticide substance may have resulted from, or may be affected by an activity subject to department regulation. The department may investigate on the basis of unofficial groundwater test results if the test results are sufficiently reliable to warrant investigation.(2) If, upon preliminary investigation, the department finds that the presence of a fertilizer substance or pesticide substance in groundwater has resulted from, or may be affected by an activity subject to department regulation, the department shall investigate to determine:(a) Whether the presence of the fertilizer substance or pesticide substance in groundwater has resulted from a violation of an existing statute, rule or order administered by the department under s. 94.645, Stats., or ss. 94.67 through 94.71, Stats.(b) Whether the concentration of the fertilizer substance or pesticide substance attains or exceeds an enforcement standard or preventive action limit.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 31.04
Cr. Register, September, 1985, No. 357, eff. 10-1-85.If an unofficial groundwater test result is not sufficiently reliable to warrant investigation, the department may nevertheless:
1. Refer the groundwater test results to the department of natural resources, with or without a recommendation for official sampling or other action.
2. Refer the groundwater test results to another regulatory agency, with or without a recommendation for action.
3. Refer the groundwater test results to state or local health authorities, and to county agricultural extension agents.
4. Inform affected persons of the groundwater test results, and suggest voluntary measures to prevent, limit or reduce any substance concentrations which may exist in groundwater.
5. Initiate further investigation or research related to the groundwater test results.