Minnesota Administrative Code

1505.0830 AUTHORITY. Parts 1505.0830 to 1505.1290 are prescribed pursuant to Minnesota Statutes 1976, sections 18A.21 to 18A.48, by the commissioner of agriculture to implement provisions to protect the immediate and future health, welfare, and economic status of the people of th…

1505.0960 REEXAMINATION PROCEDURES. If any applicant fails to achieve a passing score on any examination, the applicant shall be eligible to retake the examination. A failing applicant may retake an examination no more than three times in one year. Upon submission to the commissi…

1505.0980 PRIVATE APPLICATOR CERTIFICATION; PROHIBITIONS; RESTRICTIONS. Subpart 1. Certification requirements. A private applicator is considered certified if the private applicator has, within the past three years, completed one or more of the following state-approved certificat…

1505.1030 ALTERNATIVE FOR LICENSING REQUIREMENT. Upon written application, the commissioner may grant to an individual an alternative for the licensing requirement and procedures set forth in parts 1505.0830 to 1505.1290, provided that: A. there is good cause why the individual c…

1505.1100 RESTRICTED USE PESTICIDE DISPLAY; SALES AND DISTRIBUTION; RECORD KEEPING. Subpart 1. Display for sale. No person shall display for sale any restricted use pesticides in any public area of a store or other place to which the general public has access unless displayed by …

1505.1120 MEANS OF CONTAINMENT. All persons storing liquid pesticides in containers of a rated capacity of 500 gallons or more shall provide a means of containment of the amount of the rated storage in the event a leak or break should occur in the original storage unit in accorda…

1505.1240 FINANCIAL RESPONSIBILITY. Commercial pesticide applicators and structural pest control applicators. Applicants for commercial pesticide applicator or structural pest control applicator licenses or renewals shall furnish evidence of financial responsibility acceptable to…

1505.1250 LIMITS OF LIABILITY FOR COMMERCIAL PESTICIDE APPLICATORS. Subpart 1. Limits of liability. Limits of liability: A. $50,000 for bodily injury or death, each person. B. $50,000 for bodily injury or death, each occurrence. C. $25,000 for property damage, each occurrence. Su…

1505.1260 LIMITS OF LIABILITY FOR STRUCTURAL PEST CONTROL APPLICATORS. Subpart 1. Limits of liability. Limits of liability: A. $100,000 for bodily injury. B. $200,000 for bodily injury or death of two or more, each occurrence. C. $10,000 for property damage, each occurrence. Subp…

1505.1290 RECIPROCAL AGREEMENT BETWEEN STATES. The commissioner is authorized to enter into reciprocal agreements approved by the attorney general for form and legality with any other state which has a similar state plan for certification of pesticide applicators. Under such agre…

1505.2100 DEFINITIONS. Subpart 1. Scope. The definitions in this part and Minnesota Statutes, sections 18B.01 and 18C.005, apply to parts 1505.2100 to 1505.2800. Subp. 2. Agricultural chemical. "Agricultural chemical" means a pesticide as defined in Minnesota Statutes, chapter 18…

1505.2200 APPLICATION; PERMIT; FEE AND APPLICATION RENEWAL; ALTERATION; INSPECTION. Subpart 1. Permit required. A person shall comply with parts 1505.2100 to 1505.2800 before applying agricultural chemicals through an irrigation system. An applicant is considered to be permitted-…

1505.2300 AGRICULTURAL CHEMICAL APPLICATION; SETBACKS AND SAFEGUARDING; ANTIPOLLUTION DEVICES; PURGING; POSTING. Subpart 1. Application of agricultural chemicals through irrigation systems. A. A pesticide may be applied through an irrigation system only if the pesticide is labele…

1505.2400 RECORDS AND REPORTS. Pesticide chemigation system application records and fertilizer chemigation system mix and application records must be kept by the chemigation system applicant for five years from the date of application. Records detailing dates of chemigation syste…

1505.2500 RESPONSIBILITY; CALIBRATION AND OPERATION; INSPECTION; OFF-TARGET APPLICATION; INCIDENT PREVENTION; INCIDENT REPORTING. A chemigation system applicant or the applicant's agent shall: A. calibrate and operate each chemigation system in a manner that prevents an agricultu…

1505.2600 COMMISSIONER'S RESPONSIBILITY. The commissioner shall annually provide chemigation safety information to each chemigation system applicant. Statutory Authority: MS s 18C.575 History: 17 SR 711 Published Electronically: September 17, 2013

1505.2700 INSTALLATION; MAINTENANCE; MODIFICATION. Subpart 1. Proper installation and maintenance. Irrigation systems, antipollution devices and valves, and agricultural chemical injection units, pumps, and solution tanks used for chemigation purposes must be installed and mainta…

1505.2800 PROHIBITED ACTS. It is a violation of Minnesota Statutes, chapters 18B and 18C, for a person to apply an agricultural chemical to land, crops, or plants in or with irrigation water in violation of parts 1505.2100 to 1505.2800. Parts 1505.2100 to 1505.2800 are enforceabl…

1505.3010 DEFINITIONS. Subpart 1. Scope. As used in parts 1505.3010 to 1505.3150, the words and terms defined in this part have the meanings given them. Subp. 2. Appurtenances. "Appurtenances" means valves, pumps, fittings, pipes, hoses, and metering devices that are connected to…

1505.3020 NEW FACILITIES. Subpart 1. Permit required. No person may construct or operate a new bulk pesticide storage facility without first obtaining a permit under parts 1505.3040 and 1505.3050. Subp. 2. Information required before construction. After being granted a permit by …

1505.3030 PREVIOUSLY ESTABLISHED FACILITIES. A person who operates a bulk pesticide storage facility established before July 1, 1989, must comply with items A to C. A. The person must, by July 1, 1990, file with the commissioner an application for a bulk pesticide storage permit …

1505.3040 BULK PESTICIDE STORAGE PERMIT. Subpart 1. Commissioner's review of application. The commissioner shall review an initial application as submitted under part 1505.3050 within 30 days of receipt and either issue a bulk pesticide storage permit or advise the applicant, in …

1505.3050 APPLICATION AND PERMIT FEE. Subpart 1. Information required. Application for a bulk pesticide storage permit must be on forms provided by the commissioner. The application must contain at least, but is not limited to, the following information: A. a differentiation as t…

1505.3060 GENERAL REQUIREMENTS. Subpart 1. Establishment number. A facility that repackages bulk pesticides must obtain a pesticide producer establishment number from the United States Environmental Protection Agency. Subp. 2. Exception. A person who custom mixes pesticides for a…

1505.3070 LOADING AREAS. Subpart 1. Containment for liquid bulk pesticide loading sites. An area used for the loading of liquid bulk pesticide into fixed storage containers, mobile containers, or pesticide application equipment at a bulk pesticide storage facility must be provide…

1505.3080 SECONDARY CONTAINMENT AREAS. Subpart 1. General requirements. Liquid bulk pesticide storage containers must be confined to a secondary containment area that is adequate, in the event of a release, to prevent the movement of liquid pesticides to surface or ground water. …

1505.3090 RECOVERY, USE, OR DISPOSAL OF PESTICIDE RELEASES. Subpart 1. Loading areas and secondary containment areas. All pesticide releases occurring in an area confined to loading areas described in part 1505.3070 and secondary containment areas described in part 1505.3080 must…

1505.3100 PREPARATION FOR CONTROL AND RECOVERY OF PESTICIDE RELEASES. Subpart 1. Release response plan. The operator of a bulk pesticide storage facility shall prepare a written release response plan for the storage facility. The operator shall keep the plan current at all times.…

1505.3110 INSPECTION AND MAINTENANCE. Subpart 1. Records. The operator of a bulk pesticide storage facility shall inspect and maintain storage containers, appurtenances, loading areas, and secondary containment areas to minimize the risk of a pesticide release. A written record o…

1505.3120 RECORD KEEPING. The following records must be prepared and kept on file at the bulk pesticide storage facility while bulk pesticides are being stored in a storage container: A. the beginning and end amounts in each fixed storage container calculated and recorded at the …

1505.3130 UNDERGROUND BULK PESTICIDE STORAGE. Subpart 1. New underground bulk pesticide storage prohibited. After July 1, 1989, no new underground bulk pesticide storage is allowed. This prohibition does not apply to catch basins, containment areas, or sediment traps, used for th…

1505.3140 ABANDONED CONTAINERS. Subpart 1. Abandonment. Storage containers and other containers used at a storage facility to hold bulk pesticide or pesticide rinsate are considered abandoned containers under this part if they have been out of service for more than six months bec…

1505.3150 EXEMPTIONS. Subpart 1. Mobile containers. The secondary containment requirements of part 1505.3080 do not apply to rail cars, nurse tanks, other mobile containers, or minibulk containers which are located at the bulk pesticide storage facility for less than ten consecut…

1505.4000 PURPOSE. Parts 1505.4000 to 1505.4130 provide the administrative procedures and requirements for local units of government to develop delegation agreements with the commissioner for local implementation of the state pesticide control law. Statutory Authority: MS s 18B.0…

1505.4010 SCOPE. Parts 1505.4000 to 1505.4130 apply to all local units of government. No local unit of government is allowed to implement any portion of the state pesticide control law at the local level except by adoption of a delegation agreement which has been signed by the co…

1505.4020 DEFINITIONS. Subpart 1. Scope. The definitions in this part and in Minnesota Statutes, section 18B.01, apply to parts 1505.4000 to 1505.4130. Subp. 2. Commissioner. "Commissioner" means the commissioner of agriculture. Subp. 3. Delegation agreement. "Delegation agreemen…

1505.4030 PROCEDURE. Subpart 1. Applicability. A local unit of government that decides to develop a delegation agreement for the implementation of the state pesticide control law must use the procedure provided in this part to facilitate the development of the local implementatio…

1505.4040 CONTENT OF LOCAL IMPLEMENTATION PROPOSALS. Subpart 1. Title sheet. A local implementation proposal must contain a title sheet that provides the formal title of the proposal, the submittal date, and the title of the governing body submitting the proposal. Subp. 2. Table …

1505.4050 CONTENTS OF DELEGATION AGREEMENT. The local unit of government shall submit a delegation agreement as described in this part. The delegation agreement must be based on an approved local implementation proposal. The department may produce and provide model delegation agr…

1505.4060 COORDINATION. To ensure that there is no overlap in carrying out implementation of delegated authority, local units must coordinate activities in regard to local implementation. Two or more local units of government who exercise authorities within the same geographic ar…

1505.4070 MINIMUM QUALIFICATIONS OF INSPECTION PERSONNEL. Persons who perform the duties of implementation related to field surveillance, inspection, collection of samples, or other activities regarding the collection, preservation, and documentation of evidence are required to m…

1505.4080 ENFORCEMENT. The commissioner of agriculture has sole responsibility and authority for enforcement of the State Pesticide Control Law pursuant to Minnesota Statutes, chapter 18D. Any compliance issue or alleged violation referred from a locally implemented program to th…

1505.4090 REPORTING REQUIREMENTS. A local unit of government shall submit a two-part annual report to the commissioner. Part one must provide the planned activities for the local implementation program for the upcoming year. Part two must provide information describing the accomp…

1505.4100 PERFORMANCE REVIEW AND EVALUATION. Review and evaluation of the performance on the part of a local unit of government in implementation of the delegation agreement will be carried out by the department. The review and evaluation of the delegation agreement and the local…

1505.4110 COMPLIANCE. The commissioner may inspect documents and monitor activities of the local unit of government associated with the local implementation program. The commissioner shall determine compliance of the local unit of government regarding the local implementation pro…

1505.4120 APPEALS. A delegation agreement receives departmental approval upon signature by the commissioner. This shall be considered a final agency action. Any appeals must be filed with the Minnesota Court of Appeals. Statutory Authority: MS s 18B.06 History: 20 SR 468 Publishe…

1505.4130 TERMINATION. Subpart 1. Termination. Either party to the delegation agreement may dissolve the agreement and void the local implementation program upon 60 days' notification of the other party or parties of the delegation agreement. Subp. 2. Notice of termination. The d…