CHAPTER 34A-2A
CHEMIGATION

Section
34A-2A-1. Definition of terms.
34A-2A-2. Use of irrigation system for chemigation - Compliance with standards and requirements - Penalties for violation.
34A-2A-3. Promulgation of rules regarding standards and requirements.
34A-2A-4. Entry by chief engineer to determine compliance.
34A-2A-5. Repealed.

 

34A-2A-1. Definition of terms. Terms used in §§ 34A-2A-1 to 34A-2A-5, inclusive, mean:

 

      (1) "Antipollution devices," any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but is not limited to, interlock, waterline check valve, chemical line closure device, vacuum relief device and automatic low pressure drain;

 

      (2) "Chemical," any fertilizer or pesticide;

 

      (3) "Chemigation," any process whereby chemicals are added to irrigation water applied to land or crop or both through an irrigation system;

 

      (4) "Fertilizer," any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients;

 

      (5) "Irrigation system," any device or combination of devices having a hose, pipe or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land or crop or both. The term does not include any handheld hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source;

 

      (6) "Pesticide," any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant;

 

      (7) "Chief engineer," the officer employed by the department of environment and natural resources pursuant to § 46-2-3.

 

34A-2A-2. Use of irrigation system for chemigation - Compliance with standards and requirements - Penalties for violation. Any person who uses an irrigation system for chemigation who fails to comply with the standards and requirements established pursuant to § 34A-2A-3 is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. Each day of noncompliance is a separate violation. In addition, the water management board may suspend or cancel any water permit or license pursuant to § 46A-1-12.

 

34A-2A-3. Promulgation of rules regarding standards and requirements. The water management board, with the assistance of the chief engineer, shall establish, by rules promulgated pursuant to chapter 1-26:

 

      (1) Chemigation equipment standards, performance standards and installation requirements; and

 

      (2) Requirements regarding the use and location of antipollution devices.

 

The requirements and standards established pursuant to this section may provide for additional protection if chemigation involves the application of a pesticide, rather than a fertilizer.

 

34A-2A-4. Entry by chief engineer to determine compliance. The chief engineer may enter upon the land of a person as provided in § 46-2-19 for the purpose of determining whether such person is in compliance with the provisions of §§ 34A-2A-1 to 34A-2A-5, inclusive, and any rules promulgated pursuant to §§ 34A-2A-1 to 34A-2A-5, inclusive.

 

34A-2A-5. Penalties for violation. Repealed by SL 1992, ch 158, § 36.