January 2015
Pesticide and Fertilizer Management, 651/201-6121
MDA UPDATE
Director’s Notes
by Greg Buzicky, Director, Pesticide and Fertilizer Management Division
A Message from the Commissioner. . . . . . . . . . . . . . . . . . 2
Old and New
Waste Pesticide Program: More Than 5.8 Million
Pounds Collected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Take a look at the articles in this issue of the MDA Update. You will find a variety
of old and new efforts. Some topics and programs represent years of hard work
and accomplishment by many Minnesotans; other topics represent new initiatives.
It shows how much has been done to improve pesticide and fertilizer stewardship,
and also how much we still need to do.
Anhydrous Ammonia Rule Update. . . . . . . . . . . . . . . . . . . 4
Program Certifies Farms in Pilot Areas . . . . . . . . . . . . . . . 4
Section Increases Regulatory Outreach: The Goal is
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Tour Yields Tips for Optimum Break-Away Coupler
Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
New CAWT Licensing to be Offered. . . . . . . . . . . . . . . . . 6
Online Licensing is Faster . . . . . . . . . . . . . . . . . . . . . . . . . 6
Nitrogen Fertilizer Management Plan Update . . . . . . . . . . 7
Sampling Water to Monitor for Pesticides. . . . . . . . . . . . . 8
The Old
For example, in 1987 there was a pilot project to explore methods to collect and
properly dispose of old, unused pesticides at little cost to the user. That project
was started by a longtime MDA employee, Larry Palmer. Larry finished a
successful career at the MDA a couple of years ago and his program is still going
strong. Through the hard work of many people we have properly disposed of 5.8
million pounds of waste pesticide. That’s waste pesticide that isn’t leaching into
groundwater or polluting streams and lakes.
Incidents of Interest: Causes, Cleanup, and Prevention. . . 8
Our Success Continues
Cover Crop in Wellhead Protection Areas Helps
to Reduce Nitrate Loss. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Since 1990, the Agricultural Chemical Response & Reimbursement Account
(ACCRA) program has spent $34 million in surcharge fees for pesticide and
fertilizer contamination clean up. This saves many businesses from financial
hardship by providing funds to clean up contaminated sites. Ground and surface
water monitoring programs result in best management practices (BMPs) to target
problems and minimize water resource contamination.
New Requirements Affect RUP Use on Tribal Land . . . . . 9
Recent Penalty Enforcement Actions. . . . . . . . . . . . . . . . 10
ACRRA Rates Will Increase. . . . . . . . . . . . . . . . . . . . . . . 11
Irrigation Guidance Now Available . . . . . . . . . . . . . . . . . 11
New Program Offers Compensation for Bee Kills. . . . . . 12
The New
Efforts are underway to meet current challenges. In cooperation with private
industry, we are developing a new Commercial Animal Waste Technician
(CAWT) licensing program. The MDA is also certifying anhydrous ammonia
inspectors through a voluntary program to increase the number of certified
inspectors in the field. We are working with interested parties to promote
pollinator BMPs, cover cropping and to address nitrogen fertilizer leaching in
groundwater.
Minnesotans can be proud. There’s a lot of progress and stewardship but
also many new challenges ahead. That’s okay - we see these challenges as
opportunities.
A new year offers renewed optimism. That refreshed outlook is often needed in agriculture, where the
unexpected can have a major effect on the bottom line. As we begin 2015, I wanted to take a moment to offer
up some thoughts on what will certainly be major issues in the coming year.
1. The spotlight will continue to shine on water quality issues. Minnesota’s ag industry will have to play an
ever-increasing role when it comes to protecting our ground and surface water. It is a finite commodity.
Thanks to programs like the Minnesota Agricultural Water Quality Certification Program, farmers can access
funds to implement on-farm conservation practices.
2. Pollinators will also receive an increasing focus. We need bees, butterflies and other insect pollinators to
support our diverse ecosystems. The Minnesota Department of Agriculture will be working on several fronts
in 2015 on the pollinator issue. But the key to preserving and promoting pollinators must be backed by facts
and research. What we find to be best for pollinators will be the best for all of us.
3. The worst rail delays in more than a decade will not go away. However, we hope the grip on commodity
shipments will ease. Rail companies have agreed to work to ease the bottlenecks. Burlington Northern Santa
Fe has earmarked $5 billion and the Canadian Pacific $1 billion to expand capacity along their tracks. In
addition, the U.S. Surface Transportation Board (STB) is now requiring transparency from all railroads
nationwide in hopes of monitoring for any changes in delays.
4. Cash flow may be a concern. We continue to see high rental and land prices while commodity prices are at a
four-to-five year low. That means cash flow will likely be tight for many producers.
5. Minnesota agriculture will remain one of the best. Despite some concerns and issues that we’ll face in
the new year, our ag sector will remain highly competitive, and a national and international leader. Today
Minnesota ranks fifth in agricultural production and fourth in agricultural exports. Those exports bring more
than $8 billion into the state each year. That’s something to be proud of.
I wish you the best in 2015.
2
MDA UPDATE
Waste Pesticide Program:
More Than 5.8 Million Pounds Collected
© 2015 Minnesota Department of Agriculture
by Stan Kaminski, Ag Consultant, Facility Management
Material from this publication may be
reprinted. Please credit “From MDA
Update, Minnesota Department of
Agriculture, Pesticide and Fertilizer
Management Division.”
The MDA Update is published by the
Minnesota Department of Agriculture,
Pesticide and Fertilizer Management
Division, 625 Robert St. N., St. Paul, MN
55155-2538
Telephone 651/201-6121
Editor: Christi Powers,
Outreach Coordinator
christi.powers@state.mn.us
The purpose of this newsletter is to
provide comprehensive, accurate
information about the MDA Pesticide
and Fertilizer Management Division’s
events, programs, policies and
regulations. No endorsement is intended
or implied of products or companies
mentioned within. Printing and postage
is paid for by the Pesticide Regulatory
Account.
Since 1990, the PFMD Waste Collection Program has been successful in
collecting more than 5.8 million pounds of unused pesticides, including
waste from farms and businesses. A total of 58,000 pounds of pesticide waste
were collected last year at MDA events after increased outreach. A total of
56 Minnesota counties have signed agreements to collect farm pesticides
with the MDA using their Household Hazardous Waste (HHW) collection
sites. The MDA reimburses operating costs for participating counties so that
In accordance with the Americans with
Disabilities Act, an alternative form
of communication is available upon
request. TDD: 1-800/624-3529.
An Equal Opportunity and Provider.
sites can provide greater public access to collect waste pesticide products.
Annually, the MDA is also required to collect household waste pesticide
in every county through its waste pesticide collection program. These
pesticide products are primarily used for pest control around the house and
yard. The MDA has approached all 87 counties in Minnesota to enter into
HHW cooperative agreements, and all but one has signed. In each of the last
three years, county HHWs have shipped an average of 300,000 pounds of
household waste pesticide. Contact Stan Kaminski, stan.kaminski@state.
mn.us, 651/201-6562 for details.
January 2015
3
Anhydrous Ammonia
Rule Update
Program Certifies Farms
in Pilot Areas
by Jane Boerboom, Supervisor, Facility Management
by Brad Redlin, Program Manager, MAWQCP
A new rule aims to increase anhydrous ammonia (AA) facility
safety by providing an opportunity to certify inspectors
throughout the state. This is a voluntary program so that
permitted facilities can hire a person, certified by the MDA,
to perform inspections of AA equipment and bulk storage tank
systems at a level similar to an MDA inspector. As of Jan.
1, 2017 Minnesota Rules, Part 1514 allows facilities to hire
voluntary, independent AA inspectors. The MDA anticipates
that more inspections will result in fewer injuries to facility
employees, growers and the public.
In order to become a certified AA facility inspector, qualified
individuals need:
• Five years of experience working with AA.
• To attend MDA-approved training and pass both written
and practical exams.
• To recertify once every two years through MDAapproved training.
The certified inspection process will provide:
• Written documentation listing all items needing repair and
a schedule of when these items will be fixed.
• A Certificate of Compliance issued by the inspector after
items are repaired.
• From beginning to end, the inspection process should not
exceed eight (8) months (from date of initial inspection to
Certificate of Compliance issuance by the inspector).
The new rules allow for the MDA to certify inspectors if they
have passed an approved, comparable program. See the MDA
webpage (www.mda.state.mn.us/chemicals/fertilizers/ nh3/
nh3rules) or contact Katie Wolf, katie.wolf@state.mn.us,
651/201-6659 with questions.
4
MDA UPDATE
The Minnesota Agricultural Water Quality Certification
Program (MAWQCP) is a
voluntary opportunity for
farmers and agricultural
landowners to implement
water conservation
practices. Participants who
maintain specific criteria
are certified through the
program for a period of ten
years.
The initial pilot project
focuses on four watershed areas: Elm Creek in
Cottonwood, Faribault, Jackson, Martin and Watonwan
counties; the Middle Sauk River in Stearns County;
Whiskey Creek in Otter Tail and Wilkin counties; and
the Whitewater River in Olmsted, Wabasha and Winona
counties. As of December 2014, there are 27 certified
farms that represent 9,307 acres. An additional 60
conservation practices are being adopted as a result of
this program.
Local conservation professionals, technical service
providers and crop consultants administer the
certification process. The first step is for producers to
verify that they meet existing Minnesota water quality
laws and regulations. Next, producers use an online
assessment tool to determine:
• Physical field characteristics.
• Nutrient, tillage and pest management factors.
• Irrigation and tile drainage management.
• Approved conservation practices.
The final step is for a MAWQCP-licensed certifier
to conduct a farm-field visit to verify certain water
conservation practices are in place. Technical and
financial assistance is available to address specific
water quality issues. If land is added to an operation or
practices change, growers can update their records at any
time by contacting the local certifier. Lessons learned
from the pilot watershed project will help launch a
statewide program by summer of 2016.
Section Increases
Regulatory
Outreach: The Goal
is Compliance
by John Peckham, Manager,
Inspection & Enforcement
In 2013, the PFMD Inspection &
Enforcement section embarked on a
new approach to increase interaction
between MDA inspectors and the
folks we regulate. Compliance
Assistance Visits provide more
help to identify specific compliance
issues or clarify existing regulations
that may be difficult to understand.
With an increasing number of
agricultural chemical products that
require application buffers and
setbacks, PFMD will continue to
focus on educating our customers
about safety measures so they
are compliant. An example of a
Compliance Assistance Visit could
be for an inspector to explain
portions of the “Information
Exchange” requirement of the
federal Worker Protection Standard,
or to go over new restrictions on
pesticide labels.
Compliance Assistance Visits are
not intended to be punitive and
can take place during a routine
inspection. If during the visit an
inspector discovers a potential
violation, it will be documented, but
there will be an opportunity, time
and assistance to correct any issues.
With the addition of new inspectors
to the PFMD team, our 2015 goal is
to increase inspections of problem
sites or visit sites that have not been
previously inspected. Schedule a
visit or contact your local inspector
with questions.
Tour Yields Tips for Optimum Break-Away
Coupler Performance
by Ed Kaiser, Ag Consultant, Facility Management
Last July representatives
from several break-away
coupling device (BA coupler)
manufacturers and the MDA
toured nine anhydrous
ammonia (AA) facilities and
several farm sites to see how
BA couplers are installed and
maintained.
An application/toolbar unit
(A/T unit) is used to inject
AA into the soil and it is
equipped with one or more
BA couplers. A vital safety
device, a BA coupler is designed to break apart, stopping the release of AA
in the event of a hitch failure between the A/T unit and nurse tank. Over the
years, the MDA has investigated a number of incidents where BA couplers have
malfunctioned.
During the tour, the following recommendations were identified for optimizing
BA coupler performance:
• Follow manufacturer instructions.
• Frequent cleaning, inspection and maintenance.
• Install the BA coupler to ensure free movement and separation without
excessive pulling force.
• Discharge or “jumper” hose must be of the correct length and position to
allow free movement and separation without excessive pulling force.
• Install bleed valves on both sides of BA coupler.
• Secure support holding the BA coupler to the A/T unit frame, and not the
hitch.
• Position the BA coupler approximately 24-inches directly above the A/T
unit/nurse tank hitch connection. This last recommendation also assists in
standardizing the withdrawal hose length.
MDA program contacts:
SC & SW MN: Bob Rialson, bob.rialson@state.mn.us, 507/746-4483
EC, SC, & SE MN: Jeff Lorentz, jeffrey.lorentz@state.mn.us, 320/223-6547
WC & NW MN: Jim Freilinger, james.freilinger@state.mn.us, 320/243-7382
St. Paul: Ed Kaiser, ed.kaiser@state.mn.us, 651/201-6275
(www.mda.state.mn.us/about/
phonelist/pfmd.aspx)
January 2015
5
New CAWT
Licensing to be
Offered
by Clarissa Hammond, Program
Administrator, Licensing &
Certification
Manure Spreader
Photo Courtesy of USDA NRCS
The MDA will soon issue new
licenses for persons applying manure
for hire. In 2014, the MDA began
issuing Commercial Animal Waste
Technician (CAWT) Company
and Site Manager licenses. Under
a CAWT Company license, a site
manager can apply manure, oversee
operations and supervise applicators.
In 2015, the MDA will also begin
issuing CAWT Applicator licenses.
Under the supervision of a licensed
CAWT site manager, applicators can
complete training, apply and pay
online. Training consists of
a two-hour video and answering
certification questions online in
order to receive immediate licensure.
Contact Clarissa Hammond, clarissa.
hammond@state.mn.us, or PFMD
Licensing 651/201-6615 for more
information.
6
MDA UPDATE
Online Licensing is Faster
by Alison Rossow, Program Administrator, Licensing & Certification
Last year, the MDA issued more than 30,000 licenses, certifications and
permits. Of those, nearly 25 percent were completed online. Online processing
is efficient and prevents postage delays. If your information stays the same,
you can renew and pay online using the existing information and designated
PIN. If your information changes (company, address, name change) we require
a paper renewal form to be mailed with your payment.
The MDA continues to update its one-stop website access so it is easier to
obtain your license, certification or permit. We understand the importance
of quick turn-around times and our goal is to increase efficiency. During the
heaviest licensing period it may take three weeks or more. Remember these
tips to streamline the process:
• Apply or renew online!
• Plan ahead, apply early and don’t wait until the last minute.
• Complete applications accurately and send the total amount of fees
indicated on the form.
• Don’t forget to call ahead to schedule your exam. Even if you apply online
for licensing, category or recertification, exams need to be scheduled in
advance. Contact pesticide.licensing@state.mn.us or call 651/201-6633.
Hop online, double check your information and payments. Together we can
keep a busy licensing season flowing smoothly.
Planning is a Key to Safety
by Lucia Hunt, Supervisor, Emergency Response
A well-developed Incident Response Plan is an essential tool to prepare for
agricultural chemical spills. You know your facility, employees and products
best. When it comes to preparedness, an Incident Response Plan will help
during emergencies and should be:
• Specific to your business with vital information you will need right away if
an accident escalates. This information is required for many license types.
• A living document to quickly and effectively prepare for and deal with
pesticide and fertilizer releases (incidents).
• The best way to effectively respond under stress when an accident happens.
Review your plan for changes in contact names, product information or
procedures. An updated site map should show any changes to equipment and
product storage areas. If an update isn’t needed, note this in your plan. For
examples, check out our MDA templates (www.mda.state.mn.us/chemicals/
spills/incidentresponse/responseplan.aspx). Contact Lucia Hunt, lucia.hunt@
state.mn.us, 651/201-6637 with questions.
Nitrogen Fertilizer Management Plan Update
by Bruce Montgomery, Manager, NonPoint Fertilizer Section
The MDA is nearing completion of a revised Nitrogen
Fertilizer Management Plan (NFMP). The NFMP outlines
how the MDA will address elevated nitrate levels in
groundwater. The full plan and executive summary can be
found at (www.mda.state.mn.us/nfmp).
Quick facts about the plan
• Emphasizes involving local farmers and communities in
problem-solving for local groundwater concerns when
nitrate from fertilizer is a key contributor.
• Includes activities to monitor and protect public and
private drinking water wells.
• Educates about nitrogen Best Management Practices
(BMPs) to minimize groundwater impacts.
• Recognizes that it is not always possible to completely
eliminate nitrate problems in the most vulnerable areas
where row crops are produced. The plan outlines other
voluntary approaches beyond the use of BMPs.
• The MDA can require specific BMPs through
regulation, if needed.
Major activities listed in the plan
Prevention: Preventing nitrate from entering groundwater
is key. The MDA promotes nitrogen BMPs and provides
input to local water plans to prevent groundwater problems
from occurring. In vulnerable areas, the MDA will work
with the local agricultural community to explore the use
of cover and forage crops and other land management
alternatives on sensitive fields.
Monitoring and assessment: The first step in addressing
nitrate in groundwater is to determine the areas of greatest
concern, which will be identified using groundwater
monitoring data from city and private wells.
Mitigation: The MDA will work with communities to
address elevated nitrate in groundwater. This will be
done in partnership with farmers, crop consultants, local
advisory teams and other community members. The type
of response in an area will be based on current nitrate
levels in groundwater and nitrogen BMP adoption levels
on local farms.
The MDA is developing new regulations for nitrogen
fertilizer use in areas vulnerable to groundwater
contamination. This action is based on the revised NFMP.
Regulations are being developed via a formal rule writing
process, which includes opportunities for public comment.
The rule will go into effect after it is approved, which
typically takes two-to-three years. The proposed MDA rule
will include two parts.
Part 1 of the proposed rule will restrict the fall and winter
application of nitrogen fertilizer in areas that are vulnerable
to groundwater contamination. Restrictions will vary for
different regions and soil types and will be based on the
University of Minnesota nitrogen BMPs. This proposed
rule will only apply in areas of the state with vulnerable
groundwater, which will be officially defined via the
rulemaking process.
Part 2 of the proposed rule will put into law the approach
outlined in the NFMP:
• The approach includes four levels of response, two are
voluntary and two are regulatory. Movement between
levels is determined by current nitrate concentrations
in groundwater and nitrogen BMP adoption efforts
on local farms. All areas identified with nitrate
contaminated groundwater will begin on a voluntary
level.
• After farmers have been notified about the specific
BMPs recommended for their area, they will have three
years to adopt the BMPs before additional rules may
apply.
• If BMPs are adopted, it is unlikely additional
regulations will be required.
• If nitrate concentrations are unacceptable and farmers
do not adopt the BMPs, the MDA can move into
regulatory enforcement.
Visit the MDA website for details
(www.mda.state.mn.us/nfmp) or contact Bruce
Montgomery, bruce.montgomery@state.mn.us,
651/201-6178.
January 2015
7
Sampling Water to Monitor for
Pesticides
by Bill VanRyswyk, Supervisor, Water Monitoring
Annually, the MDA collects nearly 1,600 samples from groundwater,
rivers and lakes across the state. In an effort to determine impacts
from normal usage, we look for widely-used pesticides that pose the
greatest risk to water resources.
Monitoring data is published in an annual report and presented to
the Pesticide Management Plan Committee (PMPC). Committee
members include farm, environmental, industry, academic and
state agency representatives. The PMPC meets annually to discuss
recommendations and review monitoring data such as the 2013
Annual Water Quality Monitoring Report (www.mda.state.mn.us/
monitoring). Major findings include:
•
•
•
•
•
•
•
Of 129 pesticide compounds monitored for in 2013, a total of 34
were detected in groundwater and 57 in surface water.
Five herbicides are considered to be “commonly detected” in
groundwater: acetochlor, alachlor, atrazine, metolachlor, and
metribuzin.
All groundwater pesticide detections in 2013 were below available
drinking water guidance values.
Three compounds (acetochlor, atrazine, and chlorpyrifos) are
“surface water pesticides of concern.”
Surface water detections exceeded the applicable aquatic life
reference values for: acetochlor, chlorpyrifos, and terbufos (one
sample, each) and dichlorvos (four samples).
The Beauford Ditch and LeSueur River watershed impairments
for acetochlor are moving toward delisting by the Environmental
Protection Agency.
The MDA is monitoring for five neonicotinoid pesticides which are
of special interest to pollinators.
Incidents of Interest:
Causes, Cleanup, and
Prevention
by Pat Kelly, Ag Consultant, Emergency
Response
On average, the MDA handles between 120140 agricultural chemical (ag chem) incidents
or spills per year. All ag chem incidents need
to be reported to the Minnesota Duty Officer,
1-800/422-0798. The following summaries
illustrate how the MDA triages and responds
when an incident occurs:
1. In Carver County a tractor pulling an
anhydrous ammonia (AA) tool bar and
nurse tank lost AA when the actuator failed
to close allowing the flow of AA through
the knives. The driver quickly drove into
a field and buried the knives into the soil
to control the vapors and was then able to
safely close the withdrawal valve on the
nurse tank stopping the release. No injuries
or evacuations were reported to the MDA.
The Minnesota Duty Officer was contacted
and the firm was able to quickly replace
part and continue applying fertilizer.
2. A western Minnesota firm was surprised
to find an AA delivery was being loaded
into a bulk tank of propane. The mixture
of three percent AA-to-propane was offloaded for transport and flared. The firm
reported the release to the Minnesota Duty
Officer and the MDA approved the cleanup plan.
3. Dry fertilizer weighed down the rear
wheels of a tender truck. As it turned on
to a county road intersection, the truck
tipped and spilled 16 tons of dry fertilizer
into the grass ditch. The firm notified the
Minnesota Duty Officer who forwarded
the call to the MDA. Personnel used skid
steer, shovels and brooms to collect all
fertilizer and photographed it as proof of
adequate cleanup.
8
MDA UPDATE
Cover Crop in Wellhead Protection Areas
Helps to Reduce Nitrate Loss
by Jennifer Gallus, Ag Advisor, NonPoint Fertilizer Section
New Requirements
Affect RUP Use on
Tribal Land
by Joe Spitzmueller, Manager, Facility,
Licensing & Emergency Response
Cover crops may play an important role in areas that supply water to
drinking water wells. In addition to their soil health benefits, cover crops
can capture and hold surplus soil nitrate during late fall and early spring.
Cover crops have been shown to reduce nitrate leaching and may help
protect groundwater and drinking water supplies.
The MDA, in cooperation with Fisher Farms, has monitored nitrate levels
below the crop root zone of a corn and soybean rotation at a demonstration
site within the Verndale Drinking Water Supply Management Area
(Wadena County). The irrigated 40-acre pivot on a Verndale Sandy Loam
soil has 28 lysimeters installed to a depth of 4-feet underground. The
lysimeters are sealed with PVC pipes that have porous ceramic tips. Soil
water is drawn though the ceramic tip when a vacuum is placed on the
lysimeters. Water collected inside the lysimeters is analyzed for nitrate.
A cover crop mix of rye, oats, turnips and radish was aerial-applied to 20
acres of standing corn in late August 2013. There were 14 lysimeters under
the cover crop treatment (20 acres) as well as 14 lysimeters under the non
cover crop treatment (20 acres). Soil water samples were collected weekly
after the August seeding and into November. Soil water nitrate levels
in the cover crop treatment were consistently lower than the non-cover
crop treatment. Similarly, in the spring of 2014, soil water nitrate levels
continued to be lower under the cover crop treatment until July when the
nitrate levels of the two treatments were observed to converge.
People that apply Restricted Use Pesticide
(RUP) on tribal land need a federal
certification from the U.S. Environmental
Protection Agency (EPA) per new
requirements that took effect in 2014.
Persons using RUP on tribal land in
Minnesota, except for land of the White
Earth Band of Chippewa Indians, need to
obtain either a new federal certification
from the EPA, or renew existing federal
certification.
The White Earth Band of Chippewa
Ojibwe Indians have an alternative
certification plan for RUP use on their
land. This plan sets MDA-issued
licenses and certifications as the
applicator standard rather than the federal
certification. Persons who apply RUP
on the White Earth Reservation must be
licensed and certified by the MDA.
To learn more or to download the
application form and instructions, visit the
EPA website (www2.epa.gov/pesticideapplicator-certification-indian-country).
Contact Amy Mysz, mysz. amy@epa.
gov, 312/886-0224 or Shem-Mong Chou,
chou.shem@epa.gov, 312/886-2842 with
questions.
Although this is a non-replicated study with only one year of data, results
suggest that cover crops have potential for reducing soil nitrate levels. A
replicated cover crop study is planned for this site to further investigate
the ability of cover crops to capture and hold surplus soil nitrate after the
cropping season.
January 2015
9
Recent Penalty Enforcement Actions
by Mike Benson, Ag Consultant, Inspection & Enforcement
David Duehn, Brownton, MN
A farmer paid a $2,500 penalty for storing more than 6,000
gallons of bulk liquid fertilizer without an MDA storage
permit, storage tank safeguards, and for late reporting of an
incident. The violations were documented during MDA’s
response to a 12,000 gallon release of 10-34-0 fertilizer
from a 20,000 gallon tank at the farm site. The farmer did
have a MDA permit to store dry bulk fertilizer and was
previously informed about permit requirements for liquid
bulk fertilizer.
Warren Ag Aviation Inc., Flandreau, SD
An aerial application company with a licensed Minnesota
commercial pesticide applicator paid a $1,500 penalty
for handling pesticides in a manner resulting in adverse
environmental effects. An MDA inspection at the Wheaton
Municipal Airport revealed a large, bare area near the
end of the runway where the aerial company’s pesticide
mix-load operations occurred. Soil samples taken from the
area confirmed the presence of multiple active pesticide
ingredients.
St. Paul Athletic Club, St. Paul, MN
An athletic club paid a $1,250 penalty for pesticide use
inconsistent with the label that also resulted in human
endangerment. The MDA responded to an incident that
occurred when a club employee changed the chemical
barrel used to treat the club’s pool water. A chemical
reaction occurred when the employee emptied the contents
of the old chemical barrel into a new barrel. It was
later determined the employee had mixed two different
chemicals, sodium hypochlorite and hydrochloric acid,
necessitating evacuation of the building and medical
attention for the employee.
Diversified Manufacturing Corporation, Newport, MN
A contract manufacturer that offers private label filling
services for a variety of products, including household and
industrial chemicals, paid an $11,000 penalty for improper
handling and disposal of pesticide containers and effluent,
resulting in environmental contamination. An additional
$6,000 of the penalty will be reinstated if similar violations
are documented in the next two years.
TruGreen Lawn Care, Burnsville, MN
A lawn care business with licensed Minnesota commercial
pesticide applicators paid a $1,750 penalty for failure to
abate and report a release of liquid fertilizer and handling
fertilizer resulting in adverse environmental effects. The
10 MDA UPDATE
MDA responded to a complaint from a homeowner that
a TruGreen company service truck, parked on a nearby
residential street, was leaking liquid from a hose to the
pavement near a storm drain. The MDA was able to
confirm the allegation through a video provided by the
homeowner.
Minnesota Valley Irrigation, Wadena, MN
An irrigation company that offers commercial soil
fumigation services paid a $2,000 penalty for applying
a soil fumigant to a potato field inconsistent with the
pesticide label and the fumigation management plan. The
MDA responded to a complaint of pesticide exposure from
a nearby residence due to the application, and determined a
water seal had only been applied to a portion of the potato
field due to cold weather. The modification in application
required a wider buffer zone and additional warning signs.
Donahue’s Greenhouse Inc., Faribault, MN
A retail greenhouse with a licensed Minnesota noncommercial pesticide applicator paid a $1,750 penalty for
failure to provide required worker protection and pesticide
handler training to its workers.
Brenntag Great Lakes LLC, Butler, WI
A pesticide registrant and chemical distributor paid a
$3,500 penalty for distribution of pesticides in Minnesota
prior to MDA product registration. Noncompliance was
also documented during a follow-up visit that involved the
misuse of products at an Xcel Energy location.
Hawkins Inc., Rosemount, MN
A chemical manufacturer, formulator and distributor paid
an $11,000 penalty for storing bulk pesticide and fertilizers
without a permit and failing to comply with MDA
directives.
American Pest Control Inc., Mason City, IA
A pest control company paid $1,500 for applying
fumigant to a grain bin inconsistent with the fumigant
pesticide label. The applicator failed to include all
required information on the placard, and in the fumigation
management plan, did not properly monitor fumigant
application.
Hills Gardens Inc., Albert Lea, MN
A greenhouse and retail store paid a $250 penalty for
failure to obtain a chemigation permit prior to applying
pesticides and fertilizers through their irrigation system.
ACRRA Rates Will Increase
by Joe Spitzmueller, Manager, Facility, Licensing & Emergency
Response
The Agricultural Response and Reimbursement Account (ACRRA)
awards funds for eligible costs to clean up agricultural chemical
spills and incidents. Since 1990, this environmental protection
program has reimbursed more than $34 million for site cleanup in
Minnesota.
The program is funded by surcharges on pesticide and fertilizer
licenses, pesticide registrations, pesticide sales and fertilizer
tonnages. The ACRRA rate will increase on January 1, 2015 to
maintain the fund balance within its required range of $1 million
to $5 million. The change will be reflected on forms and reports
distributed by the MDA. The following is a brief summary of
ACRRA surcharge changes:
1. Commercial and Noncommercial Pesticide Applicator Licenses
will pay a surcharge of $25 per license and Structural Pest Control
Company will pay $100 per license. Contact pesticide.licensing@
state.mn.us, 651/201-6615.
2. Pesticide retailers will pay a surcharge of 0.3% (previously 0.1%)
on sales of agricultural pesticides sold in Minnesota during the
period of January 1 through December 31, 2015 (the MN Gross
Sales fee remains at 0.55%, bringing the total fee and surcharge
assessment to 0.85%). Contact Nancy Kadoun, nancy.kadoun@
state.mn.us, 651/201-6188.
3. Pesticide Dealer and Agricultural Pesticide Dealers will pay a
surcharge of $75 per license. Contact Xia Moua, xia.moua@state.
mn.us, 651/201-6137.
4. Fertilizer Companies will pay a surcharge of $50 per license.
Contact Carol Durden, carol.durden@state.mn.us, 651/201-6379
5. Fertilizer and soil/plant amendments distributors will pay a
surcharge of $0.30 per ton on sales (previously $0.10) for products
sold in or into Minnesota during the period of January 1 through
June 30, 2015. Contact Carol Durden, carol.durden@state.mn.us,
651/201-6379
Irrigation Guidance Now
Available
by Margaret Wagner, Supervisor, Clean Water
Technical Unit
Based on input from the Minnesota irrigation
community, a new University of MinnesotaExtension irrigation specialist position was
created in March 2014 and is funded by the
Clean Water Land and Legacy Amendment.
Short term goals for the position include:
•
•
•
•
•
Develop an U of M-Extension advisory
group to provide input on irrigation
programming.
Provide technical assistance to agencies
and local units of government on irrigation
water management.
Expand and update evapotranspiration
(ET) weather stations and irrigation
scheduling tools to meet current needs and
technology upgrades.
Develop new crop coefficients to enable
growers to gauge crop water needs more
accurately based on modern ET data.
Collaborate with public and private
entities to demonstrate the integration
of real-time technology and tools to
help protect and conserve groundwater
resources.
Contact Joshua Stamper, CPAg/CCA,
Irrigation Specialist, UM-Extension,
jstamper@umn.edu, 612/626-4986
6. Pesticide registrants will pay a surcharge of 0.3% of sales
(previously 0.1%) for each non-agricultural pesticide product
registered for sale and use in Minnesota during the period
of January 1 through December 31, 2015. Contact Juanita
Rodriguez, juanita.n.rodriguez@state.mn.us, 651/201-6583.
January 2015
11
New Program Offers Compensation for Bee Kills
by Jamison Scholer, Research Scientist, Pesticide Unit
Legislation in 2014 now authorizes the MDA to compensate beekeepers for honey bee colony loss due to “acute pesticide
poisoning.” Revisions to Minnesota’s Pesticide Laws (Minn. Stat. chapter 18B) went into effect July 1, 2014. When the
MDA receives bee kill complaints, investigators respond quickly. They visit the bee yard (apiary), interview the beekeeper
and collect samples. If a colony loses 1,000 bees or more, it may be difficult for the colony to recover. In these instances,
if pesticide residue is present in collected bee samples, the incident may be eligible for compensation based on a fair
market value to replace the colony. Reimbursement to a beekeeper may be the responsibility of the pesticide applicator
if it is determined the application was not conducted
according to the label. In cases where no applicator is
identified or the application was applied according to
label, beekeeper compensation can occur out of the
MDA Pesticide Regulatory Account. A bee owner may
not be compensated for more than $20,000 in any one
year. For pesticide misuse information check the MDA
website (www.mda.state.mn.us/chemicals/pesticides/
complaints.aspx). Call 651/201-6333, Monday to Friday,
8 a.m. to 4 p.m., or the Minnesota Duty Officer anytime
at 800/422-0798. Contact Jamison Scholer, jamison.
scholer@state.mn.us, for more information.
Minnesota Department of Agriculture
Pesticide and Fertilizer Management Division
625 Robert St. N.
St. Paul, MN 55155-2538
Prsrt Std
U.S. Postage
PAID
Twin Cities,
MN
Permit 171