SCS BT Squared

Spill Reporting: Why is it So Important

 

Fertilizers, pesticides, and petroleum products, although critical to creating a bountiful crop production, can have detrimental effects to the public and the environment if spilled and not properly cleaned up.  Depending on the amount spilled and the nature of the spill, it may need to be reported to federal, state, and local regulatory as well as emergency authorities in order to meet state and federal compliance laws.  The Wisconsin Department of Natural Resources (WDNR) regulates when spills need to be reported, and the Wisconsin Department of Agriculture, Trade and Consumer Protection (WDATCP) regulates the cleanup of spills of agricultural pesticides and commercial fertilizers.  Properly reporting a spill and its cleanup will ultimately reduce the cost of a cleanup and the liabilities associated with the spill. 

The State of Wisconsin spill law (Chapter 292.11) requires a person to immediately report the release of a hazardous substance to the environment.  The term hazardous substance, as defined in Chapter 292.01(5), can be just about any substance depending on the nature of the release.  For instance, it may surprise you to know that waste milk or corn could be considered a hazardous substance depending on the amount spilled.  A good working knowledge of the various hazardous materials you may have, as well as the spill reporting rules, could save you time and money.

There are conditions where a spill would not have to be reported involving petroleum and agricultural products.  For example:

• Less than 1 gallon of gasoline released onto a pervious surface or runs off an impervious surface
• Less than 5 gallons of other petroleum products released onto a pervious surface or off an impervious surface
• Less than 250 pounds of dry fertilizer spilled
• Less than 25 gallons of liquid fertilizer spilled
• Pesticides released that would cover less than 1 acre of land if applied according to label instructions

Certain spill conditions and situations are exempt from reporting, but best practice calls for an immediately call the WDNR to ensure you have properly reported the spill and have not violated any state laws.  Taking this step will protect you from false accusations, establish a record of proper reporting and cleanup, and documents that your response was in accordance to WDNR and/or WDATCP regulations. 

For more information contact Tom Culp at tculp@btsquared.com or 608.216.7340.