Non-compliance with the Groundwater Protection Rule will generally first be addressed by providing compliance assistance to the landowner. Except for cases that involve human endangerment, the general progression of penalties involves 1) education, 2) compliance assistance, and 3) enforcement.
The MDA has the general authority to issue administrative, civil, and criminal penalties for violations of its rules through Minnesota Statutes 18D. Penalty actions are based on the severity of the violation and the facts of the case. The MDA takes a progressive enforcement approach, meaning that repeat violations will be met with stronger penalties than first violations.
The only parties possibly subject to penalties would be those in violation of the fall/frozen soil nitrogen fertilizer application restriction and those who violate a Commissioner’s order for mitigation Level 3 and Level 4. If a regulated party disagrees with a proposed penalty, the party will have the opportunity to challenge it.
Non-compliance with the Groundwater Protection Rule will generally first be addressed by providing compliance assistance to the landowner. Except for cases that involve human endangerment, the general progression of penalties involves 1) education, 2) compliance assistance, and 3) enforcement.
The MDA has the general authority to issue administrative, civil, and criminal penalties for violations of its rules through Minnesota Statutes 18D. Penalty actions are based on the severity of the violation and the facts of the case. The MDA takes a progressive enforcement approach, meaning that repeat violations will be met with stronger penalties than first violations.
The only parties possibly subject to penalties would be those in violation of the fall/frozen soil nitrogen fertilizer application restriction and those who violate a Commissioner’s order for mitigation Level 3 and Level 4. If a regulated party disagrees with a proposed penalty, the party will have the opportunity to challenge it.
Definition and interpretation of Responsible Party
The Responsible Party is the owner, operator or agent in charge of cropland. This means the person who decided to apply the nitrogen input will be identified as the Responsible Party. The MDA responds and investigates written complaints of nitrogen application after Sept 1 in a Drinking Water Supply Management Area (DWSMA) with elevated nitrate, a vulnerable groundwater area or on frozen soils in these areas. Facts and information obtained from the investigation will be used by the MDA to determine the responsible party.
In an effort to provide the best customer service possible, the MDA strongly recommends if you or your company is contracted by a grower / agent in charge of cropland, that you review the MDA’s groundwater vulnerability map PRIOR to agreeing to any nitrogen applications after September 1. If the application site is in a DWSMA on the MDA’s map, in a vulnerable groundwater area or on frozen soils in a vulnerable groundwater area, notifying the customer of this will enable the customer to comply with Minnesota’s Groundwater Protection Rule.
The vulnerable soils map and complaint form are provided to you for your reference: vulnerable soils map and the nitrogen fertilizer application complaint form.
Definition and interpretation of Responsible Party
The Responsible Party is the owner, operator or agent in charge of cropland. This means the person who decided to apply the nitrogen input will be identified as the Responsible Party. The MDA responds and investigates written complaints of nitrogen application after Sept 1 in a Drinking Water Supply Management Area (DWSMA) with elevated nitrate, a vulnerable groundwater area or on frozen soils in these areas. Facts and information obtained from the investigation will be used by the MDA to determine the responsible party.
In an effort to provide the best customer service possible, the MDA strongly recommends if you or your company is contracted by a grower / agent in charge of cropland, that you review the MDA’s groundwater vulnerability map PRIOR to agreeing to any nitrogen applications after September 1. If the application site is in a DWSMA on the MDA’s map, in a vulnerable groundwater area or on frozen soils in a vulnerable groundwater area, notifying the customer of this will enable the customer to comply with Minnesota’s Groundwater Protection Rule.
The vulnerable soils map and complaint form are provided to you for your reference: vulnerable soils map and the nitrogen fertilizer application complaint form.
