25 NAC 10-003. Control Authority Duties and Responsibilities

003 Control Authority Duties and Responsibilities. 003.01 To substantively carry out its duties and responsibilities under the Act and these regulations, each control authority shall: 003.01A Annually submit the following reports to the director on or before January 31 of each year: 003.01A1 A weed program personnel information report. Such report shall be in the form prescribed in 25 NAC 10-008.01. 003.01A2 A budget report. Such report shall be in the form prescribed in 25 NAC 10-008.02. A control authority need only to file that portion of the budget report which relates to the county weed control program. Such report shall, however, include as a minimum standard those sections of the county annual fiscal report containing information of the current budgeted revenue and expenditures as well as the previous year's revenues and expenditures. 003.01A3 Noxious weed control plan. Such report shall be in the form prescribed in 25 NAC 10-008.03 or as is amended by the director. Should the director amend the noxious weed control plan, such plan will supercede 25 NAC 10-008.03 and be distributed to the control authority by November 30 for use in the following year. 003.01A4 An infestation report. Such report shall be in the form prescribed in 25 NAC 10-008.04 and shall contain information relative to the amount and type of land infested with noxious weeds, and such other information as the director may prescribe. 003.01A5 An activity report. Such report shall be in the form prescribed in 25 NAC 10-008.05 and shall contain information relative to the overall county noxious weed control program. 003.01A6 Any other information deemed necessary by the control authority. 003.01B Annually inspect all lands within its jurisdiction in order to determine whether the Noxious Weed Control Act and its regulations have been complied with. The control authority shall document the annual inspection through the use of county road maps, plat books, or other records that have been approved by the Nebraska Department of Agriculture. All noxious weed infestations found during the annual inspection shall be additionally documented with an inspection report containing the information specified in 25 NAC 10-003.01C1. When the control authority determines that the noxious weeds have not been controlled, the control authority shall cause additional inspections to be made at least once during the noxious weed control period specified in 25 NAC 10-002 above until such time as the noxious weeds on said land have been controlled. Prior to the issuance of an individual notice, the control authority shall inspect such lands. 003.01C Execute an inspection report in conjunction with the performance of any inspection of land found to be infested with noxious weeds. 003.01C1 The inspection report shall contain the following: 003.01C1A The location of the land, including county, township, range, and section. 003.01C1B The date of the inspection. 003.01C1C The purpose of the inspection, whether it be annual, preliminary to the issuance of an individual notice, or otherwise. 003.01C1D If noxious weeds are present, the names thereof, or, if none are present, a statement to that effect. 003.01C1E The signature of the person conducting the inspection. 003.01C1F The name of the landowner and, if applicable, the tenant, if known or capable of being determined. 003.01C1G Number of acres inspected. 003.01C1H Number of acres infested. 003.01C1I Degree of infestation using the severity guidelines adopted in 25 NAC 10-008.06. 003.01C1J Current land use. 003.01C1K Any other information deemed appropriate by the control authority. 003.01C2 Whenever noxious weeds are found to be in growing crops, the control authority may, in addition to the inspection report, issue a crop inspection report as prescribed in 25 NAC 10-008.08. The crop inspection report may be used to prevent the movement or sale of growing crops when the harvest of such crops may result in hay, straw, seed, or grain becoming contaminated with viable noxious weed seeds or other noxious weed plant material capable of reproducing. 003.01C3 The control authority shall maintain files of inspection reports for a period of at least three (3) years following the date of inspection. Samples of acceptable inspection forms are contained in 25 NAC 10-008.06. 003.01D Publish a general notice on or before May 1 and between August 1 and October 1 of each year as provided in section 2-955 of the Noxious Weed Control Act. Such general notice shall follow, as a minimum standard, the form prescribed in 25 NAC 10-008.07. Published size of the general notice shall be at least four inches by six inches or be at least 24 square inches in size. Copies of such notices shall be made available to the director for inspection and review within fifteen (15) days following the date of publication. 003.01E Cooperate with other control authorities in carrying out its duties and responsibilities and in exercising its authority pursuant to the Noxious Weed Control Act and regulations adopted and promulgated under such act. 003.01F Prepare a report indicating the disposition of each individual notice issued by the control authority. Such reports shall be in the form prescribed in 25 NAC 10-008.10 or contain the same information as is specified in this prescribed form. 003.01G Employ a county weed superintendent who meets applicable requirements of the Pesticide Act, Neb. Rev. Stat. §§2-2622 through 2-2659, and is certified as a pesticide applicator in at least the following categories: 003.01G1 Agricultural pest control-plant, and 003.01G2 Right-of-way pest control. 003.01H Make available all books, papers, files, records, and reports pertaining to noxious weeds to the director for inspection and review. 003.01I Continually update all information filed with the Department as changes, additions, or deletions are made.