(1) On and after January 1, 1990, no person shall apply or authorize the application ofchemicals to land or crops through the use of chemigation unless such person obtains a chemigation permit from the department.
(2) On and after July 1, 1987, a person may obtain, pursuant to section 35-11-105, a provisional chemigation permit from the department for the application of chemicals to land or crops through the use of chemigation.
(3) Nothing in this section shall require a person to obtain a chemigation permit to pump or divert water mixed with any chemical to or through an open discharge system.