No person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a permit from the district in which the well or diversion is located, except that nothing in this section shall require a person to obtain a chemigation permit to pump or divert water to or through an open discharge system. Any person who intends to engage in chemigation shall, before commencing, file with the district an application for a chemigation permit for each injection location on forms provided by the department or by the district. Upon request, forms shall be made available by the department to each district office and at such other places as may be deemed appropriate. Except as provided in section 46-1119, the district shall review each application, conduct an inspection, and approve or deny the application within forty-five days after the application is filed. An application shall be approved and a permit issued by the district if the irrigation distribution system complies with the equipment requirements of section 46-1127 and the applicator has been certified as a chemigation applicator under sections 46-1128 and 46-1129. A copy of each approved application or the information contained in the application shall be maintained by the district and provided to the department upon request. This section shall not be construed to prevent the use of portable chemigation equipment if such equipment meets the requirements of section 46-1127.

Terms Used In Nebraska Statutes 46-1117

  • Applicator: shall mean any person engaged in the application of chemicals by means of chemigation. See Nebraska Statutes 46-1104
  • Chemigation: shall mean any process whereby chemicals are applied to land or crops in or with water through an onfarm irrigation distribution system. See Nebraska Statutes 46-1106
  • Department: shall mean the Department of Environment and Energy. See Nebraska Statutes 46-1108
  • District: shall mean a natural resources district created pursuant to Chapter 2, article 32. See Nebraska Statutes 46-1110
  • Injection location: shall mean each site where chemicals will be applied through an irrigation distribution system. See Nebraska Statutes 46-1112
  • Irrigation distribution system: shall mean 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 for agricultural or horticultural purposes. See Nebraska Statutes 46-1113
  • Open discharge system: shall mean a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted. See Nebraska Statutes 46-1114
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
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