2000 Minnesota Statutes

     18C.201 Prohibited fertilizer activities. 

    Subdivision 1.    Storage, handling, distribution, or 
 disposal.  A person may not store, handle, distribute, or 
 dispose of a fertilizer, rinsate, fertilizer container, or 
 fertilizer application equipment in a manner: 

    (1) that endangers humans, damages agricultural products, 
 food, livestock, fish, or wildlife; 

    (2) that will cause unreasonable adverse effects on the 
 environment; or 

    (3) that will cause contamination of public or other waters 
 of the state, as defined in section 103G.005, subdivisions 15 
 and 17, from backsiphoning or backflowing of fertilizers through 
 water wells or from the direct flowage of fertilizers. 

    Subd. 2.    Use of public water supplies for filling 
 equipment.  A person may not fill fertilizer application 
 equipment directly from a public water supply, as defined in 
 section 144.382, unless the outlet from the public water supply 
 is equipped with a backflow prevention device that complies with 
 Minnesota Rules, parts 4715.2000 to 4715.2280. 

    Subd. 3.    Use of public waters for filling equipment.  
 A person may not fill fertilizer application equipment directly 
 from public or other waters of the state, as defined in section 
 103G.005, subdivisions 15 and 17, unless the equipment contains 
 proper and functioning anti-backsiphoning mechanisms.  

    Subd. 4.    Cleaning equipment in or near surface water. 
  A person may not: 

    (1) clean fertilizer application equipment in surface 
 waters of the state; or 

    (2) fill or clean fertilizer application equipment adjacent 
 to surface waters, ditches, or wells where, because of the slope 
 or other conditions, fertilizers or materials contaminated with 
 fertilizers could enter or contaminate the surface waters, 
 groundwater, or wells, as a result of overflow, leakage, or 
 other causes. 

    Subd. 5.    Fertilizer, rinsate, and container disposal. 
  A person may only dispose of fertilizer, rinsate, and 
 fertilizer containers in accordance with this chapter.  The 
 manner of disposal must not cause unreasonable adverse effects 
 on the environment. 

    Subd. 6.    Anhydrous ammonia.  (a) A person may not:  

    (1) place, have placed, or possess anhydrous ammonia in a 
 container that is not designed, constructed, maintained, and 
 authorized to contain or transport anhydrous ammonia; 

    (2) transport anhydrous ammonia in a container that is not 
 designed, constructed, maintained, and authorized to transport 
 anhydrous ammonia; 

    (3) use, deliver, receive, sell, or transport a container 
 designed and constructed to contain anhydrous ammonia without 
 the express consent of the owner or authorized custodian of the 
 container; or 

    (4) tamper with any equipment or facility used to contain, 
 store, or transport anhydrous ammonia. 

    (b) For the purposes of this subdivision, containers 
 designed and constructed for the storage and transport of 
 anhydrous ammonia are described in rules adopted under section 
 18C.121, subdivision 1, or in Code of Federal Regulations, title 
 49. 

    Subd. 7.    No cause of action.  (a) Except as provided 
 in paragraph (b), a person tampering with anhydrous ammonia 
 containers or equipment under subdivision 6 shall have no cause 
 of action for damages arising out of the tampering against (1) 
 the owner or lawful custodian of the container or equipment; (2) 
 a person responsible for the installation or maintenance of the 
 container or equipment; or (3) a person lawfully selling or 
 offering for sale the anhydrous ammonia. 

    (b) Paragraph (a) does not apply to a cause of action 
 against a person who unlawfully obtained the anhydrous ammonia 
 or anhydrous ammonia container or who possesses the anhydrous 
 ammonia or anhydrous ammonia container for any unlawful purpose. 

    HIST: 1989 c 326 art 6 s 10; 1990 c 391 art 10 s 3; 2000 c 477 
 s 13,14