HF 1248

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health, environment and natural resources,
and agriculture; restricting the use of atrazine;
proposing coding for new law in Minnesota Statutes,
chapter 18B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [18B.041] RESTRICTIONS AND REQUIREMENTS FOR
THE USE OF ATRAZINE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) In addition to
definitions under section 18B.01, the definitions in this
subdivision apply to this section.
new text end

new text begin (b) "Atrazine" or "atrazine active ingredient" means the
pesticide chemical 2-chloro-4-ethylamine-6-isopropylamin-1,3,5
triazine.
new text end

new text begin (c) "Atrazine product" means any pesticide containing the
active ingredient atrazine as identified on the United States
Environmental Protection Agency registered label, either alone
or in a combination with other pesticides.
new text end

new text begin Subd. 2. new text end

new text begin Atrazine interim prohibited areas. new text end

new text begin (a)
Beginning January 1, 2006, atrazine use or application is
prohibited in the following areas:
new text end

new text begin (1) the Whitewater River watershed in southeast Minnesota,
within 240 feet of the river;
new text end

new text begin (2) the Root River watershed in southeast Minnesota, within
240 feet of the river;
new text end

new text begin (3) within the watershed of any trout stream designated by
the commissioner of natural resources, within 240 feet of the
subject stream;
new text end

new text begin (4) the Upper Mississippi watershed from its headwaters to
Grand Rapids, within 240 feet of the river;
new text end

new text begin (5) the Anoka and Central Sand Plains region; and
new text end

new text begin (6) any area over sensitive groundwater resources
identified by the commissioner of natural resources under
chapter 103H.
new text end

new text begin (b) Beginning January 1, 2007, atrazine use or application
is prohibited also in the areas listed in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Atrazine interim restricted areas. new text end

new text begin (a)
Beginning January 1, 2006, atrazine use or application is
restricted to one-half the rate of application allowed under the
United States Environmental Protection Agency registered label,
in the following areas:
new text end

new text begin (1) the St. Croix River watershed, within 240 feet of the
river;
new text end

new text begin (2) the LeSueur River watershed, within 240 feet of the
river;
new text end

new text begin (3) the Upper Mississippi watershed from Grand Rapids to St.
Cloud, within 240 feet of the river;
new text end

new text begin (4) for all watersheds listed in the prohibition area in
subdivision 2, the area between the prohibition area and 240
feet from the river;
new text end

new text begin (5) within 240 feet of all type 2, 3, 4, and 5 wetlands of
one acre or more;
new text end

new text begin (6) within 240 feet of any lake; and
new text end

new text begin (7) over any groundwater area outside the Anoka and Central
Sand Plains area where testing by, or in conjunction with, any
government agency has shown the presence of atrazine in at least
50 percent of the wells tested.
new text end

new text begin (b) Beginning January 1, 2007, atrazine use or application
is restricted to one-half the rate of application allowed under
the United States Environmental Protection Agency registered
label, in all remaining areas not identified under subdivision 2
or 3.
new text end

new text begin Subd. 4. new text end

new text begin Atrazine statewide prohibition. new text end

new text begin Beginning
January 1, 2008, atrazine use or application is prohibited
throughout this state.
new text end

new text begin Subd. 5. new text end

new text begin Exemption for research purposes.
new text end

new text begin Notwithstanding any provision of this section, the commissioner
may issue a written permit authorizing limited use of atrazine
for bona fide research purposes. In so doing, the commissioner
shall prohibit the research from allowing atrazine to reach any
groundwater or surface water and shall include that prohibition
in the written terms of the permit. An applicant for a research
permit shall apply to the commissioner in writing and describe
the proposed research, the amounts and location of the proposed
atrazine use, and all steps or safeguards proposed to ensure
that atrazine will not reach ground or surface water. The
commissioner may require an applicant to submit other
information the commissioner considers necessary to ensure a
thorough review of the application and to ensure that atrazine
will not reach ground or surface water.
new text end

new text begin Subd. 6. new text end

new text begin Additional atrazine authority. new text end

new text begin The commissioner
may designate atrazine prohibited or atrazine restricted areas
in addition to, or earlier than, the provisions of this section
as necessary to protect health, safety, and the environment.
new text end