TO ALL CHEMIGATION SITE OPERATORS - July 15, 2005
A notice was recently sent to all permitted operators of chemigation systems notifying them that ALL OPERATORS of a system are required to be permitted.
The MDA's notice was confusing to some permitted OPERATORS because of information contained in a 2002 MDA FACT SHEET on Chemigation Permit-by-Rule that may have been misinterpreted to mean that only one permit would be issued for a site.
That 2002 MDA FACT SHEET was referring to a chemigation permit application form that predated the current chemigation permit application form, in which there were several spaces to list the names of OPERATORS. The confusion with the old chemigation application form was that when several different persons were listed on the application form, it was very difficult for the MDA to determine who the legally responsible OPERATOR was, which often delayed the issuance of a chemigation permit. That's why the 2002 MDA FACT SHEET said that the permit would only be issued to one (the one legally responsible) of the OPERATORS.
In order to clarify this matter, the term OPERATOR means the legal entity (including all employees/family members involved in a joint farming operation whereby revenues and expenses are shared) who will operate the chemigation system. This definition does not mean that each employee or family member (see description) is required to be permitted.
Because OPERATOR'S change from year to year, and because operation of chemigation system entails maintenance/installation/operation of a system including but not limited to insuring that ALL antipollution equipment is present and operable, ALL OPERATORS of a chemigation system must have a permit and not just the original permittee.
This means that a site may have more than one chemigation permit. One for each OPERATOR.
Notice to Chemigation Permit Applicants - April 2004
A chemigation permit application is required to be filled out completely in order for the Minnesota Department of Agriculture (MDA) to determine compliance with Minnesota’s chemigation rule.
Failure to submit a complete application or the required fee will result in the MDA sending your permit application back as REJECTED. If you receive an application as REJECTED, chemigation is prohibited until you return a completed permit application to the MDA and receive a permit.
Chemigation systems are inspected by the MDA on an as needed basis to determine compliance. REJECTED sites are a top priority for MDA inspectors.
If a chemigation system is found to be in violation of Minnesota law, an ORDER prohibiting chemigation and other directives as necessary to insure compliance will be issued. In addition, enforcement action may be taken by the MDA.
Please read the chemigation permit application carefully and fill in all required information. If you have any questions, call Mike Fick at 218-863-2984 or John Peckham at 651-201-6276.
Forms
Fact Sheets
External Links
- Minnesota Statutes and Rules - Department of Agriculture
- Minnesota Rules, Chapter 1505 - Pest and Disease Control, Agricultural Chemical Chemigation Safety
- Minnesota Statutes, Chapter 18C - Fertilizer, Soil Amendment, and Plant Amendment Law
- Minnesota Statutes, Chapter 18B - Pesticide Control
- Minnesota Statutes and Rules - Department of Health
- Minnesota Rules - Wells and Borings
- Minnesota Rules - Plumbing Code
MDA Contacts
Mike Fick, Chemigation Specialist
mike.fick@state.mn.us
218-863-2984
John Peckham, Supervisor
john.peckham@state.mn.us
651-201-6276
Pesticide & Fertilizer Management Division
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