Minnesota Department of Agriculture logo MDA header picture collage
Agricultural Chemical Response & Reimbursement Account

The Agricultural Chemical Response and Reimbursement Account (ACRRA) was created as part of the 1989 Minnesota Ground Water Protection Act. to reimburse persons for costs incurred while cleaning up agricultural chemical (pesticide or fertilizer) contamination.  ACRRA is funded via the following registration and license surcharges: 

ACRRA Surcharges (Effective 1/1/2010)

Commercial & Non-Commercial  Pesticide Licenses

$8.25

Structural Pest Control Company Licenses

$33

Fertilizer Licenses

$16.50

Pesticide Dealer License (Ag & Non-Ag)

$24.75

Fertilizer Tonnage

$.10/ton

Pesticide Registration (percent of sales)

0.1%

Out-of-State Pesticides Distributors (each site-annually)

$1,000

ACRRA Board

ACRRA is administered by the Agricultural Chemical Compensation Board. The Board determines the amount of reimbursements or payments from the fund to eligible persons. An eligible person is defined as a responsible person or an owner of real property, but does not include the state, a state agency, political subdivisions (excepting municipal airports) of the state, the federal government or an agency of the federal government or common carriers.

Reimbursement of Corrective Action Costs

Before any reimbursement can be made the Board must determine the following:

  • The Minnesota Department of Agriculture (MDA) was given proper notice of the incident as required (Minnesota Statutes, Chapter 18D);
  • The cost of investigation and cleanup were reasonable and necessary; and
  • The eligible person complied with corrective action requests or orders issued by MDA, or the eligible person took all reasonable action necessary to minimize and abate the incident, and the corrective action was subsequently approved by MDA.
  • If the conditions listed above are met, the Board may reimburse corrective action costs to an eligible person for 80 percent of costs greater than $1,000 and less than or equal to $350,000 for a maximum reimbursement amount of $279,200.

The Board will not provide reimbursement until it has determined that costs on the reimbursement request were actually incurred and were reasonable. The Board is limited to a maximum reimbursement of sixty percent (60%) if recontamination from a subsequent incident exists. In addition, they have the authority to reduce reimbursement or payment if a portion of the incident was caused by a violation of Minnesota Statutes, Chapters 18B, 18C, or 18D.

Payment of Corrective Action Costs

By request from an eligible person, the Board may pay the reasonable and necessary corrective action costs as they are incurred. Before any payments can be made, the Board must determine that the eligible person has complied with the following conditions:

  • The MDA was given proper notice of the incident as required in Minnesota Statutes, Chapter 18D;
  • The eligible person must pay the first $1,000 or corrective action costs;
  • The eligible person provides the Board with a sworn affidavit and other convincing evidence that substantiates that they are unable to pay additional corrective actions costs; and
  • The eligible person continues to assume responsibility for carrying out the requirements of corrective action requests or orders.

An eligible person must return any funds already received from ACRRA and is not eligible for subsequent payment or reimbursement if false statements or misrepresentations are made regarding the eligible person's financial status.

Ineligible Costs Include, But Are Not Limited To:

  • Associated with actions that do not minimize, eliminate or clean up an incident, such as subcontractor mark-up & attorney fees.
  • Related to the repair, replacement, or upgrading of facility structures or equipment.  Aesthetic improvements (facility improvements).
  • Loss of income.
  • Relocation of residents.
  • Decreased property values.
  • Eligible person's own time spent on planning and administering corrective action design activities.
  • MDA Oversight costs (Agricultural Voluntary Investigation & Cleanup (AgVIC)
  • Third-party review of proposed investigative and corrective action or work plans.
  • Any work, except for emergency corrective actions not in compliance with safety codes; including, but not limited to OSHA requirements, well and fire codes.
  • Providing alternative sources for drinking water.
  • Corrective action costs covered or payable under insurance or other contract.
  • Costs incurred in response to requests or orders issued to a person under authorities contained in Minnesota Statutes, Chapter 115B, or federal CERCLA--Superfund.

How to Participate

  1. Either call 651-201-6138 and request an application be mailed to you, OR send an email to carol.logan@state.mn.us OR send a written request for an application to: ACRRA Program, MN Department of Agriculture, 625 Robert St. N, St. Paul, MN 55155.
  2. Fill out the application completely, attach supporting documents and submit them to the ACRRA Program. The complete application must be received at least 60 days prior to the next board meeting to be considered for reimbursement at that meeting.
  3. Applications must be submitted within three years of incurring eligible costs or approval of corrective action design for that work, whichever is later.
  4. The Board reviews the application, decides whether to order payment, and determines the amount.
  5. Requests for reimbursement may be considered by the Board once every 12 months if costs incurred are $5,000 or less.
  6. Requests for direct payment may be made at every other board meeting.
  7. If the balance of the ACRRA fund drops below $2,000,000, no single eligible person may receive a reimbursement exceeding $100,000 within a single year.