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09-08-1997 Council Packet
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09-08-1997 Council Packet
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r <br />Minnesota Statutes 18B.02 specifically preempts local ordinances that prohibit or regulate any <br />matter relating to the registration, labeling, distribution, sale, handling, use, application, or <br />disposal of pesticides. It is likely that an ordinance requiring prior notification would fall within <br />the scope of this preemption <br />Is there any State regulation that would prohibit the City from concurrent licensing of chemical <br />application contractors? <br />A City licensing program specific to pesticide applicators would likely fall within the scope of <br />the preemption identiHed in M.S. 18B.02. <br />Does the Department of Agriculture issue individual permits for chemical applications? <br />The MDA issues individual permits for chemigation; the application of fertilizers or pesticides <br />through an irrigation system. The DNR issues Aquatic Plant Management Permits in accord <br />with the Aquatic Plant Management and Aquatic Nuisance Control Rule. An Aquatic Plant <br />Management Permit is required for pesticide treatments to public waters. <br />Can the City undertake to issue such permits if it chooses to regulate to this extent? <br />The issuance of permits for pesticide applications would likely fall within the scope of the <br />preemption identified in M.S. 18B.02. The DNR reserves the authority tor the issuance of <br />Aquatic Plant Management Permits. <br />We understand the concerns as expressed in your letter and would like to work cooperatively <br />with you in addressing those concerns. <br />GH:APPD:MZ:mz <br />cc: Rod Sando,DNR <br />Kent Lokkesmoe, DNR <br />Gabriel Jabbour, Mayor of Orono <br />Greg Buzicky, MDA
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