reglab/housing_qa huggingface dataset:
MT Code § 80-15-213 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 2. Control|80-15-213. Beneficial use to be considered in developing management plans -- water classification

  80-15-213. Beneficial use to be considered in developing management plans -- water classification. (1) (a) In developing general and specific agricultural chemical ground water management plans, the department shall consider the current and potential beneficial use of the ground water included in or affected by the plans.   (b) If the ground water has not been classified:   (i) the department shall consider it to be included in the classification representing the highest quality of ground water until the ground water is classified by the department of environmental quality; and   (ii) the department may proceed to develop an agricultural chemical ground water management plan as provided in 80-15-212(1) and (2).   (2) The department may request the department of environmental quality to classify certain ground water and may collect the data and information required by the department of environmental quality to classify the ground water. If adequate technical data and financial resources are available as determined by the department of environmental quality, the department of environmental quality shall classify ground water at locations as requested by the department.   History: En. Sec. 12(5), (6), Ch. 668, L. 1989; amd. Sec. 340, Ch. 418, L. 1995; amd. Sec. 2, Ch. 561, L. 2005.
MT Code § 80-15-214 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 2. Control|80-15-214. Contents of specific agricultural chemical ground water management plan

  80-15-214. Contents of specific agricultural chemical ground water management plan. (1) A specific agricultural chemical ground water management plan must include:   (a) requirements to prevent ground water impairment that are based on ground water use, value, and vulnerability and that address all applicable aspects of agricultural chemical use; and   (b) requirements to prevent or minimize further presence of the agricultural chemical in the ground water and to provide protection for the present and future beneficial use of the ground water.   (2) A specific agricultural chemical ground water management plan may include but is not limited to the following elements:   (a) identification of geographical areas where an agricultural chemical may be used;   (b) ground water, soil, meteorological, and geological characteristics;   (c) best management plans and best management practices;   (d) identification of high-priority ground water;   (e) certification, licensing, training, and education requirements for persons using agricultural chemicals;   (f) identification of setback areas around water wells where certain activities may be restricted;   (g) agricultural chemical application rates and timing and related use criteria;   (h) alternative pest management techniques, including integrated pest management;   (i) other requirements for pesticides, as set forth in Title 80, chapter 8, and related rules, and for fertilizers, as set forth in Title 80, chapter 10, and related rules;   (j) EPA requirements; and   (k) alternative soil fertility practices.   History: En. Sec. 12(7), (8), Ch. 668, L. 1989.
MT Code § 80-15-215 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 2. Control|80-15-215. Benefits of appropriate agricultural chemical use to be considered

  80-15-215. Benefits of appropriate agricultural chemical use to be considered. (1) When developing and implementing a specific agricultural chemical ground water management plan, the department shall consider the benefits of appropriate use of the agricultural chemical and shall consult with the Montana state university-Bozeman extension service.   (2) Within available resources, the department shall contact users of an agricultural chemical and user groups that will be subject to a general or specific agricultural chemical ground water management plan to request their recommendations concerning the development of the plan.   History: En. Sec. 12(9), (10), Ch. 668, L. 1989; amd. sec. 36, Ch. 308, L. 1995.
MT Code § 80-15-216 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 2. Control|80-15-216. Commercial fertilizer ground water management plan

  80-15-216. Commercial fertilizer ground water management plan. The department may develop and implement a commercial fertilizer ground water management plan if the department and the department of environmental quality determine that residues from commercial fertilizer are present in the ground water or when EPA implements a program to protect ground water from fertilizers.   History: En. Sec. 12(11), Ch. 668, L. 1989; amd. Sec. 341, Ch. 418, L. 1995.
MT Code § 80-15-217 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 2. Control|80-15-217. Management plans -- rulemaking -- review

  80-15-217. Management plans -- rulemaking -- review. (1) The department shall adopt specific agricultural chemical ground water management plans through rulemaking; however, the department may implement emergency plans as set forth in 80-8-105(4) or as authorized by the Montana Administrative Procedure Act. Prior to rulemaking, the department shall provide to the department of environmental quality a copy of each proposed specific agricultural chemical ground water management plan. A 30-day period must be provided for the department of environmental quality to prepare comments on the plan.   (2) The department shall review agricultural chemical ground water management plans periodically to determine if the requirements contained in the plans need to be modified based on new scientific data and information. Plan modifications must be accomplished by rulemaking.   History: En. Sec. 12(12), (13), Ch. 668, L. 1989; amd. Sec. 342, Ch. 418, L. 1995.
MT Code § 80-15-218 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 2. Control|80-15-218. Notice to buyer

  80-15-218. Notice to buyer. A person who sells agricultural land that is subject to the provisions of a specific agricultural chemical ground water management plan shall provide the buyer with written notice about the buyer's obligations under the plan and shall forward a copy of the notice to the department. The department is not responsible for enforcement of this section.   History: En. Sec. 12(14), Ch. 668, L. 1989; amd. Sec. 2622, Ch. 56, L. 2009.
MT Code § 80-15-219 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 2. Control|80-15-219. Repealed

  80-15-219. Repealed. Sec. 500, Ch. 418, L. 1995.   History: En. Sec. 13, Ch. 668, L. 1989.
MT Code § 80-15-301 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 3. Funding|80-15-301. Agricultural chemical ground water protection accounts -- acceptance and expenditure of gifts, grants, and funds

  80-15-301. Agricultural chemical ground water protection accounts -- acceptance and expenditure of gifts, grants, and funds. (1) There is a department of agriculture agricultural chemical ground water protection special revenue account and a department of environmental quality agricultural chemical ground water protection special revenue account within the state special revenue fund established by 17-2-102.   (2) Both accounts named in subsection (1) may receive funds from any source as gifts, grants, cost-share funds, or other funds designated for agricultural chemical ground water protection purposes.   (3) The department and the department of environmental quality may individually or jointly spend funds received by their respective accounts for the purposes authorized by this chapter.   History: En. Sec. 14, Ch. 668, L. 1989; amd. Sec. 343, Ch. 418, L. 1995.
MT Code § 80-15-302 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 3. Funding|80-15-302. Special funding

  80-15-302. Special funding. (1) A fee of $95 is assessed for the registration of pesticides in addition to the fee imposed by 80-8-201.   (2) The money collected from the registration fee established by subsection (1) must be deposited in the state special revenue fund as follows:   (a) Each of the following state agencies must be credited $15,000 for purposes of administering or assisting the department in administering this chapter:   (i) department of environmental quality; and   (ii) Montana state university-Bozeman extension service.   (b) The department must be credited with the remainder of the registration fee money to use in administering this chapter.   (3) A fee of $10 is assessed for the registration of fertilizers in addition to the fees imposed by 80-10-201(1)(a)(i) and (1)(a)(ii). The additional fee must be used for the ground water protection responsibilities of the department relating to fertilizers. Revenues collected from this fee must be credited to the commercial fertilizer agricultural chemical ground water account within the state special revenue fund for the administration of this chapter.   (4) The department may direct the board of investments to invest the portion of the money collected under this section that is credited to the department pursuant to the provisions of 17-6-201. The income from the investments must be deposited in the state special revenue fund and credited to the department.   History: En. Sec. 15, Ch. 668, L. 1989; amd. Sec. 5, Ch. 588, L. 1991; amd. Sec. 344, Ch. 418, L. 1995; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 2, Ch. 141, L. 2001; amd. Sec. 16, Ch. 395, L. 2009; amd. Sec. 13, Ch. 244, L. 2017.
MT Code § 80-15-401 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-401. Authority to investigate and inspect

  80-15-401. Authority to investigate and inspect. Authorized representatives of the department, consistent with the responsibilities set forth in this chapter and upon presentation of department-issued credentials, may at reasonable times or under emergency conditions enter upon any public or private property to:   (1) investigate conditions relating to compliance with agricultural chemical labels, agricultural chemical ground water management plans, monitoring requirements, or ground water protection requirements and to investigate violations of plans or compliance orders;   (2) gain access to and copy any records required by the department in the administration of this chapter;   (3) establish and inspect monitoring equipment; and   (4) sample ground water, including drinking water supply sources such as wells and similar structures.   History: En. Sec. 16, Ch. 668, L. 1989.
MT Code § 80-15-402 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-402. Prohibited activity

  80-15-402. Prohibited activity. It is unlawful for a person to:   (1) violate any provision of a specific agricultural chemical ground water management plan;   (2) violate any lawful order issued pursuant to this chapter; or   (3) violate any provision of this chapter.   History: En. Sec. 17, Ch. 668, L. 1989.
MT Code § 80-15-403 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-403. Compliance orders

  80-15-403. Compliance orders. (1) In furtherance of 80-15-402, the department may issue a compliance order to a person who violates a standard, an interim numerical standard, or any other requirement established pursuant to this chapter. The department shall coordinate its proposed actions pursuant to this section with proposed actions of the department of environmental quality pursuant to 75-5-613, if any. Issuance of a compliance order under this chapter precludes the department from taking other enforcement actions for the same violation under Title 80, chapter 8 or 10.   (2) (a) The department may issue a compliance order to a person who violates any requirement established pursuant to this chapter. This subsection does not apply:   (i) to commercial wood treatment facilities; or   (ii) when agricultural chemicals have caused or are likely to cause contamination of a public water supply system, as defined in 75-6-102.   (b) The provisions of this subsection (2) are not intended to void or affect indemnity or liability agreements between the person who owns, leases, or has possession or control of the site and the person who sold the site, who is the lessor, or who has relinquished possession or control of the site.   (3) When issuing a compliance order, the department may require a person who has violated a provision of 80-15-402 to conduct monitoring to assist in determining the presence or level of concentration of an agricultural chemical in ground water and the effectiveness of cleanup efforts. The department shall specify criteria in the compliance order for determining the duration of monitoring.   (4) A compliance order must specify the requirement violated and must set a time for compliance. In establishing a time for compliance, the department shall take into account the seriousness of the violation and any good faith efforts that the person has made to comply with the requirement that has been violated. A compliance order issued under this section must be served either personally by a person qualified to perform service under the Montana Rules of Civil Procedure or by certified mail.   History: En. Sec. 18, Ch. 668, L. 1989; amd. Sec. 6, Ch. 189, L. 1995; amd. Sec. 1, Ch. 192, L. 1995; amd. Sec. 345, Ch. 418, L. 1995.
MT Code § 80-15-404 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-404. Injunctions authorized

  80-15-404. Injunctions authorized. The department may commence a civil action seeking appropriate relief, including a permanent or temporary injunction pursuant to 80-8-306 or 80-10-303, as applicable, for a violation that is subject to a compliance order under 80-15-403.   History: En. Sec. 19, Ch. 668, L. 1989.
MT Code § 80-15-405 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-405. Emergencies

  80-15-405. Emergencies. Notwithstanding any other provisions of this chapter, if the department finds that an emergency exists that requires immediate action to protect ground water from agricultural chemicals or to prevent use of ground water impaired or likely to be impaired by agricultural chemicals, the department may, without notice or hearing, issue necessary orders or adopt rules to protect public health, welfare, and safety. The duration of an emergency order or rule is limited to the emergency provisions of the Montana Administrative Procedure Act as specified in 2-4-303.   History: En. Sec. 20, Ch. 668, L. 1989.
MT Code § 80-15-406 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-406. through 80-15-410 reserved

  80-15-406 through 80-15-410 reserved.
MT Code § 80-15-411 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-411. Violators subject to penalties

  80-15-411. Violators subject to penalties. (1) A person found to be in violation of this chapter or a rule established pursuant to this chapter is subject to the penalty provisions of 80-15-412 through 80-15-414.   (2) For the purpose of this section, the term "person" means, in addition to the definition in 80-15-102, any responsible corporate officer.   (3) Nothing in this chapter may be construed as requiring the department or an authorized agent of the department to report minor violations of this chapter for prosecution when the department or an authorized agent believes that the public interest will be best served by other remedial action, by a suitable notice of warning in writing, or by a lawful written order.   (4) Action under 80-15-412 through 80-15-414 does not bar the department from enforcement of this chapter or of rules or orders issued under this chapter by injunction or other appropriate remedy.   (5) The department and the department of environmental quality shall coordinate actions when a violator is subject to the penalties authorized by 80-15-412 through 80-15-414 and to the penalties authorized by Title 75, chapter 5, for the same violation.   History: En. Sec. 21, Ch. 668, L. 1989; amd. Sec. 346, Ch. 418, L. 1995.
MT Code § 80-15-412 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-412. Administrative civil penalty

  80-15-412. Administrative civil penalty. (1) A person who commits a violation of this chapter may be assessed an administrative civil penalty by the department of not more than $1,000 for each offense. Farm applicators possessing a pesticide permit or using a fertilizer may not be assessed an administrative civil penalty of more than $500 for the first offense. Assessment of a civil penalty may be made in conjunction with any other warning, order, or administrative action authorized by this chapter or Title 75, chapter 5, that is issued or undertaken by either the department or the department of environmental quality.   (2) An administrative civil penalty may not be assessed unless the person charged is given notice and opportunity for a hearing pursuant to Title 2, chapter 4, part 6, of the Montana Administrative Procedure Act.   (3) In determining an appropriate administrative civil penalty, the department shall consider the effect on the person's ability to continue in business, the gravity of the violation that occurred, the degree of care exercised by the offender, and whether significant harm resulted to public health, agricultural crops, livestock, or the environment.   (4) If the department is unable to collect the administrative civil penalty or if a person fails to pay all or a set portion of the administrative civil penalty as determined by the department, the department may seek to recover the amount in the appropriate district court.   (5) A person against whom the department has assessed an administrative civil penalty may, within 30 days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred. A jury trial must be granted when demanded under Rule 38 of the Montana Rules of Civil Procedure.   History: En. Sec. 22, Ch. 668, L. 1989; amd. Sec. 7, Ch. 189, L. 1995; amd. Sec. 347, Ch. 418, L. 1995.
MT Code § 80-15-413 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-413. Judicial civil penalty

  80-15-413. Judicial civil penalty. A person who commits a violation as specified in 80-15-402 shall be subject to a judicial civil penalty not to exceed $10,000. Each occurrence constitutes a separate violation.   History: En. Sec. 23, Ch. 668, L. 1989.
MT Code § 80-15-414 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 15. Montana Agricultural Chemical Ground Water Protection Act|Part 4. Enforcement|80-15-414. Criminal penalties

  80-15-414. Criminal penalties. (1) A person who intentionally commits a violation as specified in 80-15-402 is guilty of an offense and subject to a fine not to exceed $25,000 for each day the violation continues or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, a subsequent conviction subjects a person to a fine of not more than $50,000 for each day the violation continues or imprisonment for not more than 2 years, or both.   (2) Except as otherwise provided in this chapter, a person convicted of violating any of the provisions of this chapter or rules issued under this chapter or who misrepresents, impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the department from performance of its duties in connection with the provisions of this chapter is guilty of a misdemeanor and shall be fined not less than $100 but not more than $1,500.   (3) A person who knowingly makes any false statement, representation, or certification in any record, report, or other document filed or required to be maintained under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter shall, upon conviction, be punished by a fine of not more than $5,000 or by imprisonment for not more than 6 months, or both.   (4) A person who with intent to defraud uses or reveals confidential information and data provided under this chapter or rules issued under this chapter shall, upon conviction, be fined not more than $5,000 or imprisoned for not more than 1 year, or both.   History: En. Sec. 24, Ch. 668, L. 1989.
MT Code § 80-18-101 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 18. Alternative Agricultural Crops|Part 1. Hemp|80-18-101. Definitions

  80-18-101. Definitions. As used in this part, the following definitions apply:  (1) "Hemp" means all parts and varieties of the plant Cannabis consistent with the United States department of agriculture's definition of hemp and rules established by the department.   (2) "Hemp crude" means a hemp derivative in a temporary state of not complying with the legal definition of hemp, the amount of tetrahydrocannabinol, or the amount of tetrahydrocannabinolic acid that will be further processed in order to comply.   (3) "Hemp derivatives" means all products that contain or are processed from, extracted from, or manufactured from hemp.   (4) "Marijuana" means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination.   History: En. Sec. 1, Ch. 360, L. 2001; amd. Sec. 1, Ch. 289, L. 2019; amd. Sec. 1, Ch. 59, L. 2021.
MT Code § 80-18-102 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 18. Alternative Agricultural Crops|Part 1. Hemp|80-18-102. Hemp authorized as agricultural crop

  80-18-102. Hemp authorized as agricultural crop. Hemp is considered an agricultural crop in this state. Upon meeting the requirements of 80-18-103, an individual in this state may plant, grow, harvest, possess, process, sell, or buy hemp, including cultivatable seeds or plants.  History: En. Sec. 2, Ch. 360, L. 2001; amd. Sec. 2, Ch. 289, L. 2019; amd. Sec. 2, Ch. 59, L. 2021.
MT Code § 80-18-103 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 18. Alternative Agricultural Crops|Part 1. Hemp|80-18-103. Hemp -- licensing

  80-18-103. Hemp -- licensing. (1) An individual growing hemp or selling propagatable hemp or hemp seeds shall apply to the department for a license on a form prescribed by the department.  (2) The application for a license must include the name and address of the applicant and the legal description of the land area to be used for the production of hemp and any additional information required by rule.   (3) The licensing requirements of this part do not apply to employees of the agricultural experiment station or the Montana state university-Bozeman extension service involved in research and extension-related activities.   History: En. Sec. 3, Ch. 360, L. 2001; amd. Sec. 3, Ch. 289, L. 2019; amd. Sec. 3, Ch. 59, L. 2021.