03-01-92
Santee Sioux Tribe
of
Nebraska
FARM CHEMICAL
AND
PESTICIDE
CODE
SECTION 1 PURPOSE.......................................2
SECTION 2 DEFINITIONS...................................2
SECTION 3 PESTICIDE CLASSIFICATION......................9
SECTION 4 CERTIFICATION PROCEDURES......................9
SECTION 5 SUPERVISION OF UNCERTIFIED APPLICATORS
BY CERTIFIED APPLICATORS.....................11
SECTION 6 CATEGORIZATION OF APPLICATORS................11
SECTION 7 RECORD KEEPING...............................13
SECTION 8 MARKING PESTICIDE CONTAINERS.................16
SECTION 9 WORKER PROTECTION STANDARDS..................16
SECTION 10 CHEMIGATION..................................16
SECTION 11 FARM CHEMICAL USE RESTRICTIONS...............21
SECTION 12 AERIAL APPLICATIONS..........................22
SECTION 13 FARM CHEMICAL EQUIPMENT......................22
SECTION 14 FARM CHEMICAL RESTRICTED AREAS...............23
SECTION 15 LABELS AND EXPERIMENTAL PERMITS..............23
SECTION 16 REPORTING SPILLS.............................23
SECTION 17 INCIDENT RESPONSE............................24
SECTION 18 FARM CHEMICAL DISPOSAL AND STORAGE...........24
SECTION 19 ENTRY AND INSPECTION.........................28
SECTION 20 STOP SALE USE OR DISPOSAL ORDER..............29
SECTION 21 DENIAL, SUSPENSION OR REVOCATION OF
CERTIFICATION................................30
SECTION 22 UNLAWFUL ACTS................................30
SECTION 23 PENALTIES....................................32
SECTION 24 APPEALS......................................33
SECTION 25 FEES COLLECTED...............................33
SECTION 26 EMERGENCY VITIATION..........................33
SECTION 27 ORDINANCES AND RESOLUTIONS...................33
SECTION 28 SEVERABILITY.................................33
SECTION 1. PURPOSE
The Santee Sioux Tribe of Nebraska has a primary interest in protecting
the health, welfare and safety of all persons residing upon the Santee
Sioux Tribe of Nebraska Reservation. Environmental quality is a major
Tribal concern. The Tribe has sought to preserve and improve the
natural surroundings it inherited and will pass on to it's heirs.
Tribal jurisdiction is necessary to protect the culture, religion,
social structure, economy, and resources of the Santee Sioux Tribe of
Nebraska. The improper use of pesticides on the Santee Sioux Tribe of
Nebraska Reservation poses a threat to all persons and the environment.
To promptly and effectively regulate the distribution, storage,
transportation, use and disposal of pesticides on the Santee Sioux
Tribe of Nebraska Reservation the Santee Sioux Tribe of Nebraska enacts
this Pesticide and Farm Chemical Code.
SECTION 2. DEFINITIONS
For the purposes of this code:
A. "Adjuvant" means an ingredient that improves the properties of a
pesticide formulation. This includes wetting agents, foam
suppressants, penetrates, and correctives.
B. "Adulterated Pesticide" means a change in the pesticide whereby:
1. it's strength or purity falls below or above the standards or
quality stated on the labeling under which it is sold; or
2. any substance has been substituted wholly or in part for the
pesticide; or
3. any constituent of the pesticide has been wholly or in part
removed.
C. "Agricultural commodity" means any plant or part thereof, or
animals, or animal product, produced by a person (including, but not
limited to, farmers, ranchers, vineyardists, plant propagators,
Christmas tree growers, acquaculturists, floriculturists,
orchardists, foresters, or other comparable persons) primarily for
sale, consumption, propagation, or other use by man or animals.
D. "Animal" means all vertebrate and invertebrate species, including
but not limited to man and other mammals, birds, fish, and
shellfish.
E. "Antisiphon device" means any equipment effectively designated and
constructed to prevent the backflow of a farm chemical into any
water supply or to prevent contamination by farm chemicals of other
materials being injected at the same time such as fertilizers or
other pesticides.
F. Applicators:
1. "Applicators" means any person who is certified by the Pesticide
Enforcement Program as a private applicator, commercial
applicator/operator or limited applicator.
2. "Uncertified applicator" means a person who is limited to apply
only general use pesticides on his property without
compensation, or a person who is applying a restricted use
pesticide under the direct supervision of a certified
applicator.
3. "Private applicator" is an individual who uses or supervises the
use of any restricted use pesticide restricted to use only by
certified applicators for the purpose of producing agricultural
commodities or forest crops on land owned or rented by him or
his employer or if applied without compensation other than
trading of personal services between producers of agricultural
commodities on the property of another person.
4. "Commercial applicator" means a person who owns or operates
a business engaged in the application of pesticides upon the
land or property of another.
5. "Commercial operator" means a person who uses pesticides and is
employed by a licensed commercial applicator.
6. "Limited applicator" means:
a. a person who is a federal employee, pesticide industry
representative, Tribal employee or agent, state, county,
irrigation district, and public utility employee or agent
who uses or supervises the application of restricted use
pesticides which are restricted to use only by certified
applicators and does not hire himself out as a commercial
applicator, and
b. a person who is not a commercial applicator, commercial
operator, or a private applicator, and who uses or
supervises the use of a restricted use pesticide, which is
restricted to use only by a certified applicator on land
owned or rented by him, and
c. an employee of a business who uses, applies or supervises
the application of any restricted use pesticide which is
restricted to use only by certified applicators on land and
business premises owned by the business for purposes other
than the production of agricultural commodities.
G. "Automatic low pressure valve" means a self activating device
effectively designed and constructed to drain that portion of an
irrigation pipeline or any other method of conveyance whose contents
could potentially enter the water supply when operation or the
irrigation system pumping plant fails or is shutdown.
H. "Bulk" means a quantity of farm chemical or more than 30 gallons
liquid or 50 pounds solid material stored in a container that is
used as part of the application equipment or a container that is
used to store farm chemicals outside.
I. "Certification" means a document issued by the Pesticide Control
Officer or the Land Management Office of the Santee Sioux Tribe of
Nebraska, to a person who meets the minimum standards stated in
Section 4 of this code.
J. "Check Valve" means a device effectively designed and constructed to
provide a positive (absolute) closure which effectively prohibits
the flow of material or liquid in the opposite direction of that
desired when operation of the irrigation system pumping plant or
chemical injection unit fails or is shutdown.
K. "Chemical Injection Point" means the place where the farm chemical
is placed into the irrigation water.
L. "Chemigation" means any process whereby farm chemicals are applied
to land and/or crops including, but not limited to, agricultural,
nursery, turf, or greenhouse sites through an irrigation system.
M. "Consultant" means a person who offers or supplies technical advice
or recommendations respecting the use of a pesticide for
compensation or as a service accompanying pesticide sale or
distribution.
N. "Council" means the governing body of the Santee Sioux Tribe of
Nebraska.
O. "Danger" means exposure or loss and/or injury or risk of exposure to
loss and/or injury.
P. "Dealer" means a person who distributes any restricted use pesticide
or any other pesticide.
Q. "Diluent" means the liquid added to a pesticide by the user to
reduce the concentration of the active ingredient in the mixture.
R. "Disposal" means the discarding of a farm chemical, pesticide
container, or rinseate material except when used to apply the farm
chemical in accordance to the legal application stated on label.
S. "Distribute" means to offer for sale, hold for sale, sell, barter,
ship, deliver for shipment, or receive and, having so received,
deliver or offer to deliver, pesticides or fertilizers.
T. "Drift" means a farm chemical that goes beyond the targeted area.
U. "Early re-entry worker" means a person who through the course
working enters a field before the re-entry interval has passed.
V. "Environment" includes water, air, land, and all plants and man and
other animals living therein, and the interrelationships which
exists among these.
W. "EPA" means the U.S. Environmental Protection Agency.
X. "Farm Chemical" means any pesticide, fertilizer or adjuvant in any
formulation or mixture.
Y. "Farm Chemical Equipment" means any equipment used to release
pesticides, fertilizers or adjuvants into the environment.
Z. "Farmer" means any organic or inorganic material of natural or
synthetic origin added to a soil to supply elements essential to
plant growth.
AA. "Fertilizer" means any organic or inorganic material of natural or
synthetic origin added to a soil supply element essential to plant
growth.
BB. "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide
Act.
CC. "Flow Interrupter" means a device effectively designed and
constructed to provide positive (absolute) interruption of
secession of material or liquid flow in either direction upon
chemical injection unit shutdown or failure.
DD. "Garbage Transfer Station" or "Sanitary Landfill" means a place on
the Reservation where persons can legally dispose of household
garbage.
EE. "General Use Pesticide" means a pesticide designated by EPA where
the general public can purchase and apply the pesticide without a
license or certification.
FF. "Insect" means any of the numerous small invertebrate animals
generally having the body more or less obviously segmented, for the
most part belonging to the class insect, comprising sixlegged,
usually winged forms, as for example, beetles, bugs, bees, flies,
and to other allied classes of anthropod whose members are
wingless and usually have more then six legs, as for example,
spiders, mites, ticks, centipedes and wood lice.
GG. "Interlock" means the arrangement or interconnection of the
irrigation pumps, chemical injection units, and other pumps or
supply tanks in such a manner that, in the event of any component
malfunction or failure, total shutdown of the system will occur.
HH. "Irrigation" means the act of applying water to land, crops and/or
plants by means of ditches, furrows, pipes, sprinklers, hoses, or
other methods of conveyance, from sources which are connected to
ground of surface water.
II. "Irrigation System" means any device or combination of devices
having hose, pipe of methods of conveyance which connected directly
to any source of ground or surface water, through which water or a
mixture of water and farm chemicals are drawn and applied to land,
crops and/or plants.
JJ. Label and Labeling:
1. "Label" means the written, printed, or graphic matter on, or
attached to, the pesticide or device or any of its containers or
wrappers.
2. "Labeling" means all labels and all other written, printed or
other graphic matter:
a. accompanying the pesticide or device at any time; or
b. to which reference is made on the label or in literature
accompanying the pesticide or device, except to current
official publications of the EPA, the United States
Department of Agriculture and Interior, the Department
of Health, Education and Welfare, State experiment
stations, State agricultural colleges, and other similar
Federal or State institutions or agencies authorized by
law to conduct research in the field of pesticides.
KK. "Land Management Office" means an administrative department of
Santee Sioux Tribe of Nebraska that regulates environmental
programs including assisting the Pesticide Control Officer in
administration and enforcement of the Code.
LL. "License" means a Nebraska/EPA: Dealer, Pest Control Consultant,
Private Applicator, Commercial Applicator/Operator or Limited
Applicator License.
MM. "Natural Resources & Environmental Quality Committee" (NREQ)
means a Tribal body authorized by the Council to hear and decide
administrative appeals from the Pesticide Control Officer's action.
NN. "Permit" or "Chemigation Permit" means a permit issued by the
Land Management Office to a person who is operating a
chemigation system.
OO. "Person" includes any individual, partnership, association,
corporation and any trustee, assignee, receiver or legal successor
thereof; any organized group of persons whether incorporated
or not; and any officer, employee, agent, department, agency
or instrumentality of the Santee Sioux Tribe of Nebraska, the
State of Nebraska, the United States, or any local unit of
Government.
PP. "Pest" means:
1. any insect, rodent, nematode, fungus, weed, or
2. any other form of terrestrial or aquatic plant or animal
life or virus, bacteria, or other microorganism (except
viruses, bacteria, or other microorganism on or in living
man or other living animals) which the Pesticide Control
Officer declares to be a pest.
QQ. "Pesticide" means:
1. any substance, mixture of substance or device intended
for preventing, destroying, repelling, or mitigating any
pest, and
2. any substance or mixture of substances intended for use
as a plant regulator, defoliant, dessicant, or antitranspirant.
RR. "Pesticide Control Officer" means an employee or agent of the
Tribe, within the Land Management Office, authorized by the
Council to perform various duties established by this Code.
SS. "Pesticide Injection Pump" means any pump effectively designed
and constructed of materials that are compatible with farm chemicals
being injected into an irrigation system. Such pumps shall be
effectively designed and constructed to prevent leakage. Any new
injection pumps installed after this Code is enacted shall be
capable of being calibrated during operation and shall be capable
of being fitted with a system interlock.
TT. "Protect health and the environment" and "protection of health and
the environment" means protection and prevention against any
unreasonable adverse effects on the environment.
UU. "Re-entry Intervals" means the time stated on the pesticide
label that specifies the length of time that an unprotected
worker can enter a treated field.
VV. "Reservation" means all land and water areas, including airspace,
and all plants, animals, structures, buildings, contrivances, and
machinery appurtenant thereto or situated thereon, fixed or mobile,
including any used for transportation, within exterior boundaries
of the Santee Sioux Tribe of Nebraska Reservation.
WW. "Restricted Use Pesticides" means a pesticide classification
assigned by EPA, which requires that only certified persons may
apply or distribute the product.
XX. "Spill" means the emergency or accidental release of any
pesticide or mixture of pesticides, in volumes greater than those
which are prescribed by the product labeling for a target crop or
field. The product dripping from a spray nozzle or minor splashing
during mixture is not considered a spill. Spill also includes any
farm chemical released in a large quantity over a concentrated
area.
YY. "State" means the State of Nebraska.
ZZ. "Tribe" means the Santee Sioux Tribe of Nebraska.
AAA. "Vacuum Relief Valve" means a device effectively designed and
constructed to automatically relieve or break vacuum in an
irrigation pipeline or other applicable method of conveyance.
BBB. "Worker" means a person employed by an applicator, dealer,
consultant or farmer.
SECTION 3. PESTICIDE CLASSIFICATION
The Tribe shall recognize for use on the Reservation all pesticide
products that have been registered by EPA, as either restricted use
pesticides or general use pesticides, pursuant to Section 3 of FIFRA.
The Tribe may also consider for approval the State of Nebraska's
restricted use pesticides; section 25 of FIFRA special local needs and
section 18 of FIFRA, approved by EPA, for emergency use in Nebraska and
any additional restrictions placed upon a pesticide by the Director of
the Nebraska Department of Agriculture. In addition, the Tribe may
further restrict the use of any pesticide within the Reservation that
the Tribe finds has characteristics that would cause unacceptable
adverse affects on the environment.
SECTION 4. CERTIFICATION PROCEDURES
A person must be certified by the Tribe to apply and deal in restricted
use pesticides or to be a consultant, commercial applicator, limited
applicator or commercial operator working with any pesticides on the
Reservation.
A. Tribal Certification
1. EPA pesticide certifications and other state pesticide licenses
are invalid on the Santee Sioux Tribe of Nebraska Reservation
except as a prerequisite to obtaining a Tribal certification.
2. To be eligible for Tribal certification, an applicant must
present to the Land Management Office a valid EPA
certification/license in the Commercial Applicator/Operator,
Consultant, Dealer, Private Applicator or Limited Applicator
classifications.
3. An applicant must pay a fee, to be determined by the NREQ
committee, to receive a Tribal certification.
B. Renewal of Certification
1. The Tribal certification must be renewed annually.
2. To renew a Tribal certification the applicant must present a
valid State/EPA certification/license and submit a fee to be
determined by the NREQ Committee.
3. Tribal certification will be valid only for the time during the
year that the EPA certification is valid. If a fractional year
is involved, the certification fee will be prorated.
C. Recertification
1. A person must recertify when they fail to renew their Tribal
certification or have had his EPA certification suspended,
revoked, or modified (adding an additional category).
2. To recertify a person must present a valid State/EPA license/
certification and pay a fee to be determined by the NREQ
Committee.
D. Standard of Competency for Tribal Certification
All applicators, dealers, and consultants will show a thorough
knowledge of the following areas, as set forth in the "Santee Sioux
Tribe of Nebraska Certification Plan":
1. the Santee Sioux Tribe of Nebraska Pesticide and Farm Chemical
Code by signing an affidavit confirming having read and
understood the "Code";
2. safety;
3. disposal, storage, and transportation;
4. farm chemical application;
5. pesticide pollution;
6. show ability to supervise the proper and safe use of restricted
use pesticides; and
7. any other subject deemed appropriate by the Tribe.
D. Revocation of Tribal Certification
1. The tribal certification will be revoked if a person's State/EPA
license/certification becomes invalid.
2. The Pesticide Control Officer or other designated agent of the
Council reserves the right to revoke, modify or suspend a
person's Tribal certification for violating this Code or FIFRA.
E. All certified persons must immediately notify the Land
Management Office regarding any change in status given in the
certification application.
SECTION 5. SUPERVISION OF UNCERTIFIED APPLICATORS BY
CERTIFIED APPLICATORS
A. Certified applicators who supervise the use of restricted use
pesticide by uncertified persons must demonstrate a practical
knowledge of Federal, State, and Tribal supervisory
B. "Supervision" shall include verifiable instruction to a person,
prior to application, as follows:
1. detailed guidance for applying
2. discussion of safety procedures
3. the pesticides equipment must be sent up properly and checked
for proper calibration.
4. provisions for contacting the certified applicator in the event
he is needed.
5. in hazardous situations, and as required by the pesticide label
the actual physical presence of a certified applicator is
required when application is made by a uncertified applicator,
the availability of the Certified applicator must be directly
related to the hazards of the situation; and
6. private applicators and limited applicators shall not supervise
a commercial application of a restricted use pesticide.
SECTION 6. CATEGORIZATION OF APPLICATORS
The following categories shall apply to commercial applicator/operators,
limited applicators, private applicators and dealers based on the
application site and the type of work they perform.
1. Agricultural Plant Pest Control includes using or supervising
the use of restricted use pesticides in production of
agricultural crops.
2. Agricultural Animal Pest Control includes using or supervising
the use of restricted use pesticides on animals.
3. Forest Pest Control includes using or supervising the use of
restricted use pesticides in forests, forest nurseries, and
forest seed product areas.
4. Ornamental and Turf Pest Control includes using or supervising
the use of restricted use pesticides to control pests in the
maintenance and production or ornamental trees, shrubs, flowers,
and turf.
5. Aquatic Pest Control includes using or supervising the use of
and restricted use pesticide purposely applied to standing or
running water, excluding applicators engaged in public health
related activities included in Category 8 below.
6. Seed Treatment includes using or supervising the use of
restricted use pesticides on seeds.
7. Right-of-Way includes using or supervising the use of restricted
use pesticides in the maintenance of public roads "electric"
powerlines, pipelines, railway rights-of-way or other similar
areas.
8. Industrial, Institutional, Structural & Health Related Pest
Control includes using or supervising the use of restricted use
pesticides in, on or around human dwellings, institutions,
industrial establishments for the control of pests except those
relating to food handling, food processing, or grain handling
and storage.
9. Public Health Pest Control includes State, Federal or other
government employees using or supervising the use of restricted
use pesticides in public health programs for the management and
control of pests having medical and public health importance.
10. Regulatory Pest Control includes State, Federal or other
governmental employees who use or supervise the use of
restricted use pesticides in the control of pests.
11. Demonstration and Research Pest Control includes
(1) individuals who demonstrate to the public the proper use
and techniques of application of restricted use pesticides or
supervise such demonstration (such as extension specialists
and county agents, commercial representatives demonstrating
pesticides products and methods in public programs);
(2) persons conducting field research with pesticides, and in
doing so, use of supervise the use of restricted use
pesticides (such as State, Federal, commercial and other
persons conducting field research on or utilizing restricted
pesticides).
12A. Food Processing and Grain Handling includes using or
supervising the use of restricted use pesticides in, on or
around food handling, food processing, food warehousing, or
storage, and grain handling and storage (fumigation).
12B. Wood Preservation and Treatment includes applicators using or
supervising the use of restricted pesticides on wood products.
SECTION 7. RECORD KEEPING
A. Pesticide Dealer Records
Every pesticide dealer shall keep an accurate and complete record of
all purchase and sales of both restricted use and general use
pesticides. These records shall include at least the following
information for each pesticide purchased and sold:
Sales
a. dealer's name and address and name of person making the sale;
b. name, address, Tribal certification number and signature of
private or commercial applicator;
c. name of person picking up the pesticides;
d. date of sale; and
e. volume of pesticide sold.
B. Commercial Operator, Commercial Applicator and Limited Applicator
Records
Commercial applicators/operators and limited applicators shall
keep and maintain records of each application of any pesticide to
include the following information:
1. the name and address of the owner or lessee and the legal
description of each property treated;
2. the specific crop, animal, or property treated (field or working
site);
3. the trade name(s) of the pesticide applied;
4. the rate of application;
5. the total amount of pesticide (active ingredient) applied;
6. the date of application;
7. the time of day when the pesticide was applied;
8. the approximate wind velocity;
9. the approximate wind direction;
10. method of application; and
11. pesticide applications performed by persons under their
direct supervision;
12. name of applicator and Tribal certification number.
C. Private Applicator's Records
Private applicators shall keep and maintain records of each
application of any restricted use pesticide to include the
following information:
1. the specific crop, animal, or property treated;
2. the trade name(s) of the pesticide applied;
3. the rate of application;
4. the total amount of pesticide (active ingredient) applied;
5. the date of application; and
6. pesticide applications performed by persons under their
direct supervision.
D. Distributor's Fertilizer Sales Record
1. distributor's name and address;
2. name of person purchasing fertilizers;
3. name and makeup of fertilizer;
4. volume sold; and
5. date of sale.
E. Applicator Records of Fertilizer
All applications of fertilizer shall contain the following records:
1. applicator's name and address;
2. name and makeup of fertilizer;
3. specific crop of location of application;
4. method of application;
5. amount applied; and
6. date of application.
F. Records Maintained
All records required by this Code shall be kept for a period of
three years from the date of application for applicators, or three
years from the date of sale for dealers and distributors. Records
shall be available for inspection, at reasonable times upon request
by the Pesticide Control Officer or other designated agent of the
Council. The Pesticide Control Officer or other designated agent
of the Council shall, upon request, be furnished a copy of such
records.
G. Exemption
Provisions of this section concerning records shall not apply to
Doctors or Medicine of doctors of Veterinary Medicine applying
pesticides as drugs or medication during the course of their normal
practice.
SECTION 8. MARKING PESTICIDE CONTAINERS
The requirements below apply to all restricted use and general use
pesticides.
A. Any applicator or farmer, receiving or transporting pesticides onto
the Reservation, for personal use, shall place his certification
number on the container before bringing the pesticide on the
Reservation.
A. If the pesticide changes ownership and is to remain on the
Reservation, the new owner shall place his certification number on
the container.
C. The applicator or farmer who removes the pesticide from its original
container must have his certification number on the container and
shall be responsible for proper disposal of the container.
D. A farmer who is not certified and uses general use pesticides for
personal use shall place his name (first initial and last name) on
the container.
E. Permanent ink shall be used to mark all containers.
F. When marking the container, no information on the label shall be
obscured.
G. Exemption
Persons applying general use pesticides will not need to mark the
containers if that pesticide shall be used only in or around the
home they live and is less than five pounds dry weight or one
gallon liquid.
SECTION 9. WORKER PROTECTION STANDARDS
(Reserved)
SECTION 10. CHEMIGATION
A. Standards for the application of farm chemicals through an
irrigation system.
1. Chemigation utilizing the "open discharge system" or "furrow
irrigation" is prohibited on the reservation of the Santee Sioux
Tribe of Nebraska.
2. A farm chemical may be applied through an irrigation system
for chemigation purposes provided that the farm chemical is
suitable for or intended for the method of application labeled
as such and irrigation systems must be fitted with effective
devices described below to prevent the backflow of farm
chemicals or chemigated water into other water supplies or
the environment during times or irrigation system failure or
equipment shutdown.
3. Function devices and valves for irrigation systems used for
chemigation purposes shall be designed and constructed of
materials suitable for such purposes, including farm chemical
compatibility. Such system shall effectively meet the following
criteria: (See Attachment A)
a. A check valve (see Letter a) shall be provided in the
irrigation system supply pipeline or other method of
conveyance between the irrigation system supply pump
discharge and the point of injection of the farm chemical.
This valve shall be on a horizontal plane with a deviation
of not more than 10 degrees from horizontal.
b. A vacuum relief valve (see Letter b) shall be provided
on the top of the horizontal irrigation pipeline or other
method of conveyance between the check valve,
specified in paragraph 2, letter a, and the irrigation
system supply pump discharge, opposite the low pressure
drain specified in paragraph 2, letter c. The valve shall
have an orifice size of at least 3/4 inch diameter for a 4
inch or smaller pipe or be proportional in area for other
pipe diameters.
c. An automative low pressure drain (see Letter c) shall be
provided on the bottom of the horizontal irrigation pipeline
or other applicable method of conveyance between the
check valve, specified in paragraph 2, letter a, and the
irrigation system supply pump discharge and located
opposite the vacuum relief valve specified in paragraph
2, letter b. Such device shall be level and have an orifice
size of at least 3/4 inch diameter for a 4 inch or smaller
pipe or be proportional for other diameters. The drain
shall not extend beyond the inside surface of conveyance,
and shall be at least 2 inches above grade. The device
shall be positioned or the location grade adjusted such that
when draining occurs liquid shall flow away from any
water supply.
d. A flow interrupter device (see Letter d) shall be provided
in the farm chemical supply line between the chemical
injection unit and the source of farm chemical injection
unit and the source of farm chemical. A normally closed
solenoid-operated valve or other similar device,
interconnected to the interlock system, in paragraph 2,
letter f, represents an acceptable method to positively
prevent flow of material or liquid during injection system
failure or shutdown.
e. A check valve (see Letter e) shall be provided on the
chemical injection into the irrigation system and the
chemical unit or pump. The check valve shall be
positioned to prevent the flow of liquid from the
irrigation line to the chemical injection device.
f. A functional systems interlock (see Letter f) shall be
provided. If interruption of the irrigation water or
farm chemical flow occurs, the interlock shall cause
the shutdown of the total system.
g. A chemical injection point (see Letter g) is the place
where the farm chemical is placed into the irrigation
water.
h. If modification or changes in design, technology,
practices or similar reasons warrant the use or
placement of equipment in lieu of the specified
herein, the Pesticide Control Officer or other
designated agent of the Council may allow for
such changes, provided protection to the water
supply is a least equal to that provided by the
equipment, or placement thereof, required in this
regulation. The Pesticide Control Officer must
be notified of any changes in an approved
chemigation system in which a permit has already
been issued before the changes are implemented.
B. Posting Warning Signs
1. Persons applying pesticides in an irrigation system shall post
warning signs and all words shall consist of letters at least
2 1/2 inches tall, and all letter and the stop sign symbol
shall be a color which sharply contrasts with their immediate
background. At the top of the sign shall be the words "KEEP
OUT", followed by an octagonal stop sign symbol at least 8
inches on diameter containing the word "STOP". Below the
symbol shall be the words "PESTICIDES IN IRRIGATION WATER".
(see Attachment B)
2. These signs must confirm to the following posting requirements:
Treated areas shall be posted with signs at all usual points of
entry and along likely routes of approach. When there are no
usual points of entry, signs must be posted in the corners of
the treated areas and in any other location affording maximum
visibility. The printed side of the sign should face away
from the treated area. Signs must be posted prior to
application. Signs may remain in place indefinitely as long as
they are composed of materials to prevent deterioration and
maintain legibility for the duration of the posting period.
3. Posting required for chemigation does not replace other posting
and reentry interval requirements for farm worker safety.
4. Drift and Runoff
Persons applying pesticides in an irrigation system shall not:
a. apply pesticides in an irrigation system when wind
speeds favor drift beyond the area intended for
treatment;
b. apply pesticides in an irrigation system when wind
speed is greater than 10 miles per hour; and
c. allow water, to which pesticide has been added, to
runoff the area intended for treatment.
C. Installation, Maintenance and Modifications
1. The Pesticide Control Officer or other designated agent of the
Council may conduct periodic inspections for compliance with
section 10 of this Code.
2. All irrigation systems, devices, valves, chemical injection
units, pumps and solution tanks used for chemigation purposes
shall be installed and maintained according to manufacturer's
recommendations to ensure proper function during chemigation.
3. During periods of chemigation, periodic calibration and
inspection of equipment and system operation shall be done by
the applicator.
D. Monitoring and Calibrations
1. Chemigation applications must be monitored frequently enough
so the irrigation system can be rapidly shut down when equipment
fails or when deteriorating meteorological conditions (such as
wind or rain) may result in off-target pesticide movement.
2. Monitoring chemigation applications must be done only by persons
knowledgeable of the system and having authority to stop the
application. If the farm chemical used is a restricted use
pesticide and the person monitoring the chemigation system is
not certified he shall be under the direct supervision of a
certified person.
3. Only a certified person shall set up, and calibrate the use of
restricted use pesticides in a chemigation system.
E. Chemigation Permit
1. After January 1, 1991, no person shall apply farm chemicals to
land or crops through the use of chemigation unless such person
has obtained permit, from the Land Management Office, for
each site at which farm chemicals shall be injected into a
irrigation system.
2. To obtain a permit each applicant shall provide the following
information:
a. the name and address of applicant,
b. the certification number of applicant if applicable,
c. the Bureau of Indian Affairs lease number, if
applicable,
d. the location, by legal description of the land, where
the chemigation system is located,
e. if the chemigation system is portable, it shall be stated
as such; and
f. a diagram of the chemigation system must be attached
to the application.
3. The Pesticide Control Officer or other designated agent of the
Council shall review each permit application, and inspect the
site and chemigation system for compliance with Section 10 and
approve or deny, the application within thirty days after the
application is filled.
4. A fee determined by the Pesticide Control Officer, must be
submitted for each chemigation system.
5. Chemigation permits shall expire three years after date of
issuance.
6. A self adhesive sticker, with permit number, shall be issued
to approve chemigation systems. This sticker shall be attached
to the approved inspection system by the Pesticide Control
Officer or other designated agent of the Council.
7. If the chemigation system is changed after the permit is issued,
a notice describing the change must be sent to the Land
Management Office. The Pesticide Control Officer or other
designated agent of the Council shall inspect the changes, and
if these changes are approved, no fee or additional permit shall
be required.
8. The Pesticide Control Officer or other designated agent of the
Council may deny, refuse renewal of, suspend or revoke a
permit for:
a. failure to pay the fee;
b. practice of fraud or deceit in obtaining a permit; or
c. denying access to the Pesticide Control Officer or
other designated of the Council for inspection purposes;
d. violation of any of the provisions provided in this Code.
SECTION 11. FARM CHEMICAL USE RESTRICTIONS
A. No person shall use, apply or instruct another to apply a pesticide
in manner inconsistent with the product label or labeling except
that:
1. a pesticide may be applied at a dosage, concentration, or
frequency less than that specified on the product labeling;
2. a pesticide may be applied against any target pest not
specified on the labeling if application is to the crop, animal,
or site specified on the product labeling; and
3. a pesticide may be applied by any method of application not
prohibited on the product labeling.
B. After a pesticide is applied to a field, no crop from that field
shall be harvested, and no livestock shall be allowed to graze in
that field, except as permitted by the pesticide labeling.
C. No person shall distribute, sell, offer for sale, or hold for sale
any dry pesticide incorporated in a dry blended bulk fertilizer mix.
D. No person shall make applications of any pesticides when
environmental conditions would make drift or runoff likely. No
person shall make applications of a liquid pesticides when winds
are greater 10 m.p.h.
SECTION 12. AERIAL APPLICATIONS
Aerial application of any farm chemical is prohibited, except when
terrain does not allow chemical applications through conventional
methods and application rates are consistent with the product labeling
and wind velocities are no greater than 10 m.p.h. In addition, no
aerial applications will be made in such a manner as to drift on to
populated areas. All aerial applications must have treatment area
designated and have Pesticide Control Officer's approval prior to
application.
SECTION 13. FARM CHEMICAL EQUIPMENT
All farm chemical equipment used on the Reservation shall be in a sound
state, there will be no leaking or unsafe tanks, hoses, or nozzles. Any
farm chemical equipment used on the Reservation shall be available for
inspection by the Pesticide Control Officer or other designated agent of
the Council.
If the Pesticide Control Officer or other designated agent of the
Council determines that the equipment is unsound the equipment shall not
be allowed to be used on the Reservation until corrective measures have
been taken and a written approval by the Pesticide Control Officer or
other designated agent of the Council has been issued.
SECTION 14. FARM CHEMICAL RESTRICTED AREAS
The Council may restrict the storage, application, and distribution of
all farm chemicals in areas of the Reservation which the Council
determines should be protected from contamination by farm chemicals.
SECTION 15. LABELS AND EXPERIMENTAL PERMITS
A. Any pesticide labeled for use in the State shall be permitted to be
used on the Reservation except as stated in paragraph D.
B. Any pesticide labeled for a special local need in Knox County shall
be permitted to be used on the Reservation except as stated in
paragraph D.
C. If a pesticide is labeled for and is to be used for experimental
use, and if a person wants to apply that pesticide on the
Reservation, he must receive written permission from the Pesticide
Control Officer or Council to use the pesticide approved by EPA.
D. The Council may ban any pesticide or limit the quantities of the
pesticide or make any other limitations they may determine to be
necessary for the protection of the health and welfare of the
Reservation.
SECTION 16. REPORTING SPILLS
The following steps shall be taken if a spill of a farm chemical has
accrued on the Reservation:
A. confine the spill, without further spreading the farm chemical or
unnecessarily risking human exposure;
B. keep people away from the spill area;
C. notify the Santee Police Department or the Pesticide Control Officer
immediately by phone or in person, followed by a written description
within twenty-four (24) hours of the spill, release, discharge of
the farm chemical;
D. the notification does not release the owner to further cooperate and
provide to the Pesticide Control Officer such information as to its
operation and practices as may be necessary to enable the Pesticide
Control Officer to comply with any environmental reporting
requirements; and
E. the Pesticide Control Officer or Land Management Office shall
recommend proper disposal methods and be allowed access to the
contaminated area to ensure proper disposal procedures as followed.
SECTION 17. INCIDENT RESPONSE
Pesticide Incident Report sheet will determine response by "Public
Health Effect, Environmental Health Effect, Enforcement Consideration,
Public Concern and Judgemental Factors".
Worst Case: 200 points Respond within 24 hours
Priority: 100 - 200 points Respond within 72 hours
Routine: 0 - 100 points Respond within one (1) week
SECTION 18. FARM CHEMICAL DISPOSAL AND STORAGE
The provisions of this section shall not apply to pesticide containers
used for home of one (1) gallon or less liquid capacity or five (5)
pounds or less solid capacity, unless specified or such containers have
been used to enclose restricted use pesticides.
A. Disposal
1. No person shall dispose of any pesticide container except:
a. at a sanitary landfill approved by the State, County,
or Council; or
b. by burning in the case of pesticide containers in the
form of combustible gas or packages, provided that
such burning:
1. is conducted in accordance with all applicable
Tribal regulations and any provisions stated on
the labeling or labelling;
2. if the container to be burned contained a
liquefied pesticide the container shall be rinsed
according to paragraph 2(a), before burning;
3. is conducted in an open area isolated and downwind
from any occupied building or populated areas;
4. does not include combustion of containers that
have been used to enclose inorganic pesticides
(non-carbon-containing substances uses as
pesticides) or organic mercury, lead, cadmium,
or arsenic compounds. This does not apply to
agricultural inorganic dusting compounds; and
5. any part of the container left after the pesticide
container is burned shall be taken to an approved
disposal site.
c. no pesticide or pesticide container shall be disposed of in
a garbage transfer station.
d. all pesticides and pesticide containers will be disposed of
in accordance with label directions.
2. Prior to disposal of any pesticide container in a sanitary
landfill, the following steps must be taken:
a. pesticide containers in the form of cans, bottles, barrels,
drums, or tanks, other than pressured containers, shall
be rinsed at least three times, each time using a volume
of water (or other diluent as specified on the label) equal
to 10% of the container's capacity. The liquid from
rinsing required by this section shall not be discharged
into the environment except where used or disposed of
as pesticides in accordance with all applicable laws and
regulations. After containers are rinsed as required by
this section, they shall be punctured top and bottom, and
preferably crushed so as to render them incapable of
holding liquid.
b. pesticide containers in the form of combustible bags or
packages that are not burned must be either:
(1). folded and tied into bundles; or
(2). enclosed securely in secondary containers that
are labeled as containing pesticide residue.
3. Section 17(A), 2(a) does not apply to the disposal of a
pesticide container at any site expressly approved by the
Nebraska D.E.C. and U.S. EPA.
B. Recyclable Pesticide Containers
1. Pesticide containers with labelling instructions that permit
recycling or reconditioning may be shipped in accordance with
label directions to reconditioning or recycling facilities that
are operated in accordance with all applicable laws and
regulations.
2. All pesticides containers being held for shipment pursuant to
Section 17 B(1) must immediately after use be placed in a secure
environment according to Section 17(D).
C. Obsolete and Expired Pesticides
Obsolete, expired, suspended or cancelled by EPA, illegal,
physically altered or unused pesticides, shall be:
1. stored in a secure, safe place under conditions stated in
Section 17 D; or
2. if permitted, returned to the manufacturer or formulator
for recycling, destruction, or disposal; or
3. disposed of in an authorized high temperature incinerator
or special waste or hazardous waste landfill or other approved
disposal site that meets or exceeds all current requirements
of the EPA for facilities receiving such waste.
4. disposed of in accordance with EPA regulations.
D. Storage
1. Empty, partially full or full pesticide containers which contain
Class 1 (highly toxic) pesticides (LD50 50 or below) and which
requires the skull and crossbones insignia and the words
"DANGER - POISON" on the label; Class 2 (moderately toxic)
pesticides (LD50 50-500) which carry a "WARNING" statement
on the label; Class 3 (slightly toxic) pesticides (LD50 50-5000)
and which carry a "CAUTION" statement on the label, shall be
stored in one of the following enclosures which when
unattended shall be locked to prevent unauthorized persons,
livestock, or animals from gaining entry:
a. closed vehicle;
b. closed tractor;
c. building or room;
d. fenced area with a fence at least six (6) feet high;
e. truck or trailer with solid sidetracks and secured
tailgate at least six (6) feet above ground level.
2. Empty, partially full or full pesticide containers with contain
Class 4 pesticides (LD50 over 5000) and all fertilizers shall be
stored in secured storage out of the reach of children, or in
one of the above enclosures.
3. Warning notices, visible from any direction, shall be posted
around all storage areas where full, partially full or empty
containers which hold or have held Class 1, 2, 3 pesticides
are stored. Each warning notice shall be size that is readable
at a distance of twenty-five (25) feet and substantially as
follows:
DANGER
POISING STORAGE AREA
ALL UNAUTHORIZED PERSONS KEEP OUT
The notice shall contain the name and telephone number of a
person to contact in case of an emergency.
4. Pesticides and fertilizers stored in build containers shall post
warning notices according to the requirements stated subsection
three(3). Pesticides must have a label attached to the bulk
container. Bulk fertilizers must have notice attached to the
container stating the type of fertilizer placed in the bulk
container.
5. Empty farm chemical containers shall be stored disposed of
immediately after emptied to prevent misuse, scattering and
exposure.
6. No obsolete, expired, illegal, or physically altered pesticides
or empty pesticide containers shall be stored on the
Reservation for more than three (3) months without the
Pesticide Control Officer's or Land Management Office's prior
approval.
7. All pesticides shall be stored in their original container and
in accordance with label recommendations. Any container found
to be in an unused condition shall be repackaged with the label
attached to the repackage container or the pesticide shall be
disposed of according to conditions stated in
Section 17C(2 & 3).
8. All labels of stored pesticides shall be plainly visible and
securely attached to each individual container.
SECTION 19. ENTRY AND INSPECTION
A. Authority to Enter and Inspect
The Pesticide Control Officer or other designated agent of the
Council is authorized, at reasonable times, as provided by this
section to do the following:
1. enter any place where any farm chemical is distributed, produced
or sold to inspect and obtain samples of any farm chemical being
distributed at such place or any packaging or labelling of any
such farm chemicals;
2. enter any place where farm chemicals or pesticide containers
are stored;
3. enter any place where there are located any records requirements
under this Code and FIFRA; and
4. enter any place where the Pesticide Control Officer or other
designated agent of the Council has reason to believe that this
Code of FIFRA has been or is being violated by any person,
to inspect such place to obtain evidence of such violations; and
5. Warrants
The Pesticide Control Officer or other designated agent of the
Council is empowered to obtain written authorization from EPA
authorizing:
1. entry, inspection, and gathering of evidence for the
purposes of this Code or FIFRA; and
2. inspection and copying of all records required under
this Code and FIFRA; and
3. seizure of any farm chemical that is in violation of
this Code of FIFRA as stated in Section 19.
C. Procedure
1. Credentials and Statements
Before conducting an inspection or entering any premises, not
open to Tribal members or the general public, made under this
section, the person conducting the inspection shall present to
the person in charge of the premises appropriate credentials and
a written statement of the reason for the entry or inspection
and whether a violation of this Code or FIFRA in suspected.
2. Promptness
Each entry or inspection shall be commenced and completed
with reasonable promptness.
3. Samples
If the person conducting the entry or inspection obtains a
sample
for any evidence gathered before leaving the premises, the
inspector shall give to the owner or a agent in charge of the
premises a receipt describing the sample and, if requested and
practicable, an additional copy of the sample shall be made and
given to the owner. If an analysis of any such sample is made,
a copy of the result of such analysis shall be furnished on
request to the person in charge of the premises.
SECTION 20. STOP SALE, USE OR REMOVAL ORDER
When the Pesticide Control Officer or other designated agent of the
Council has reasonable cause to believe a pesticide is being
distributed, stored, transported, disposed, applied or used in
violation of any provision of this Code the Pesticide Control Officer
or other designated agent of the Council may issue and serve a written
"STOP SALE, USE OR REMOVAL" order upon the owner or custodian of any
such pesticide. If the owner or custodian is not available the
Pesticide Control Officer or other designated agent of the Council may
attach the order to the pesticide container and notify the owner or
custodian of such actions. The pesticide shall not be sold, used or
removed until the provisions of this Code have been complied with and
the order has been released in writing under conditions specified by
the Pesticide Control Officer or other designated agent of the Council.
The written release shall be done in a prompt manner.
SECTION 21. DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION
The Pesticide Control Officer, Land Management Office, or Council may
deny, revoke or modify any certification issued under this Code when
said person(s) finds that the applicant or the holder of a
certification has been convicted or is subjected to a final order
imposing a criminal or civil penalty pursuant to Section 14 of FIFRA
has had his state license suspended, modified, or reviewed, or has
committed any of the unlawful acts listed in Section 22 of this Code.
SECTION 22. UNLAWFUL ACTS
It shall be unlawful for any person to:
A. make a pesticide recommendation or application inconsistent with the
labeling registered with EPA, for that pesticide, or in violation of
EPA's or the Council's restrictions on the use of that pesticides;
B. operate faulty or unsafe pesticide application equipment;
C. operate pesticide application equipment in a faulty, careless, or
negligent manner;
D. refuse to comply with the provisions of this Code, FIFRA or any
lawful order to the Pesticide Control Officer, Land Management
Office, Council, or designated agent of the Council;
E. neglect to keep and maintain the records required by this Code
or to make reports as required;
F. make false or fraudulent records, invoices, or reports;
G. recommend for use, sell, apply or supervise the use of a restricted
use pesticide without having qualified as a certified applicator, or
fail to work under the direct supervision of a certified applicator
as described in Section 4 of this Code;
H. Use fraud or misrepresentation in making application for or renewal
of Tribal Certification, or chemigation permit;
I. refuse or neglect to comply with any limitations or restrictions on
or in a duly issued Tribal certification or permit;
J. use or cause to be used any pesticides in a manner inconsistent with
it's label or labelling;
K. aid or abet a certified or uncertified person to evade the
provisions of this Code, conspire with a certified or an uncertified
person to evade the provisions of this Code; or allow one's Tribal
certification to be used by another person;
L. make false or misleading statements during an inspection concerning
any infestation or infection of pests found on land;
M. distribute any restricted use pesticide to any person unless such
person or his agent has a valid Tribal certification to use,
supervise the use of or distribute, pesticide;
O. adulterate or sell an adulterated pesticide;
P. distribute or sell any pesticide that has not been registered with
EPA;
Q. fail to mark containers as specified in Section 8 of this Code;
R. cause an employee to violate this Code or put an employee in danger;
S. apply pesticides when drift or runoff is likely;
T. transport, store, or dispose of any pesticide or pesticide container
in such manner as to cause injury or possible danger;
U. fail to give proper supervision to an uncertified person using
restricted use pesticides;
V. fail to report a spill in accordance with this Code;
W. fail to provide personal protective equipment required by the label
or Council;
X. refuse or neglect to provide proper medical care to workers, who
show signs of pesticide exposure;
Y. operate a chemigation system without the proper safety and
environmental protection equipment and refuse or neglect to post
required warnings in Section 10 of this Code.
Z. neglect to monitor chemigation system when in use;
AA. apply chemicals by air when conventional methods are adequate;
BB. dispose of pesticides or pesticide containers by burying them on
the Reservation;
CC. transport pesticide containers in a manner that could be dangerous
to the environment;
DD. apply pesticide baits in a manner that could come in contact with
children, pets, or non-target wildlife.
SECTION 23. PENALTIES
A. Any person violating any provision of this Code may be assessed a
civil penalty to not exceed $5,000 per violation. In determining
the amount of the penalty, the committee shall consider the
appropriateness of such penalty to the size of the business, and
the gravity of the violation.
B. Any penalty assessed by the committee following a penalty proceeding
may be appealed to the appropriate Court.
C. In a case where significant adverse effects can be documented, more
stringent regulatory penalties will be sought through court
proceedings or litigation. Also permit suspension and
cancellation may result if violations are repeated. The U.S. EPA
may be asked to assess civil penalties.
SECTION 24. APPEALS
Any person aggrieved by a decision of the Pesticide Control Officer or
other designated agent of the Council may appeal to the Natural
Resources and Environmental Quality Committee and Tribal Council of the
Santee Sioux Tribe of Nebraska, in that respective order.
SECTION 25. FEES COLLECTED
All fees and penalties collected under the provisions of this Code
shall be deposited in a pesticide fund and be used only for carrying
out the provisions of the pesticide program.
SECTION 26. EMERGENCY VITIATION
The Council retains the right to change or vitiate, for a time, any
portion of this Code, so long as it meets the minimum standards of
FIFRA, when they fell an emergency warrants such action. The Council
also has the right to impose more stringent requirements than those
imposed by this Code, when there is potential or imminent danger to the
environment.
SECTION 27. ORDINANCES AND RESOLUTIONS
The provisions of the Code supersede other Tribal Ordinances and
Resolutions regarding Farm Chemicals.
SECTION 28. SEVERABILITY
If any class, sentence, paragraph, or part of this Code is, for any
reason, adjudged by a court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confirmed in its operation to the clause,
sentence, paragraph, or part thereof directly involved in the
controversy in which said judgement shall have been rendered.
CHEMIGATION REQUIREMENTS 1988 - SEE HARD COPY
The steps required by law to obtain a chemigation permit
are as follows:
(1) Apply at your NRD or SCS office for Chemigation Permit
at least 45 days before you want to chemigate.
(2) Attend UN Extension Service training class & pass a
written exam to receive Chemigation Certification
(certification is valid for 2 years)
a) Give certification number to NRD for permit application
b) Times and places for sessions: See Local NRD for
testing dates and times.
(3) Inspection by NRD for chemigation safety equipment
(see figure) present and functioning properly
a) Mainline checkvalve - no leakage allowed. Located
between irrigation pump & chemical injection point.
1. New installations must be a certified checkvalve
model.
b) Vacuum relief valve - located between pump and check
valve
c) Inspection port - situated to inlet to low pressure
drain can be observed. Must be 4" in diameter
after January 1, 1988.
d) Low pressure drain - located behind check valve
a. orifice 3/4" diameter minimum
b. cannot extend past flush with pipe inner surface
c. must discharge in tube or pipe 20' from well site
e) Chemical line checkvalve - located between injection
point and chemical injection pump
a. minimum opening (cracking) pressure of 10 psi
1. A vacuum relief valve at the highest point
of the chemical line can be substituted
for the 10 psi requirement.
b. prevents flow from pipe into chemical tank
f) Simultaneous interlock device - irrigation pump &
chemical injection pump are to be interlocked so
that when irrigation pump stops the chemical
injection pump stops.
(4) Chemigator will not receive permit if all criteria
above is met and the inspection is passed.
A 45 day emergency permit for $100 may be obtained
by an irrigator if his fields are threatened.
The permit is valid for 48 hours after application.
All safety equipment must be present and operational
and the applicator certified.
Any person that starts up or shuts down the
irrigation system while chemicals are being injected
is deemed an applicator and must possess a chemigation
certification number.
ANTI-POLLUTION PROTECTION - SEE HARD COPY
OPERATIONAL REGULATIONS
A) Applicator must post property for restricted use
pesticides or where required by chemical label
1) Post 48 hours prior to application and remove
48 hours after safe re-entry period.
B) Any accidents (suspected or real) must be reported
within 24 hours to NRD or Dept. of Environmental
Control
C) Applicator must notify NRD within 72 hours of any
alterations or replacements to the system
1) NRD will then inspect for permit compliance.
D) Permits must be renewed before expiration date
(June 1) for next season.
E) Violation of any requirements will result in permit
revocation and possible misdemeanor charge.
REMEMBER: Having a Chemigation Permit will help
defend a Permit Holder from civil action
resulting from chemigation activity.
For more information and a copy of Chemigation
Rules and Regulations contact your Local NRD
Office.
The new Nebraska Chemigation Act (LB 284) required
irrigators obtain a permit from their local NRD if they
intend to apply chemicals through an irrigation system
after January 1, 1987. The NRD then inspects each
chemigation site for proper installation and operation
of required safety equipment within 45 days after the
permit application. An application must be filed for
each well site which will apply chemicals through
the system. The applicator must be a Certified
Chemigator before a permit can be issued.
NEBRASKA'S CHEMIGATION LAW LB 284 - SEE HARD COPY
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