reglab/housing_qa huggingface dataset:
MT Code § 80-8-110 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-110. Cooperation with other agencies

  80-8-110. Cooperation with other agencies. (1) The department may cooperate with agencies of this state or its subdivisions or with any agency of any other state or the federal government for the purpose of carrying out the provisions of this chapter, securing uniformity of rules, and entering into reciprocal licensing and certification agreements with other states.   (2) The department and the department of environmental quality shall enter into a memorandum of agreement concerning the inspection, regulation, and responsibilities of persons or activities that may be involved in the management, disposal, storage, transportation, treatment, recycling, or recovery of hazardous wastes and the disposal of solid wastes.   (3) For the purpose of this section, "solid waste" means all putrescible and nonputrescible wastes including but not limited to garbage; rubbish; refuse; hazardous wastes; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials. Solid waste does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department of environmental quality, slash and forest debris regulated under laws administered by the department of natural resources and conservation, or marketable wood byproducts.   (4) For the purpose of this section, "hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that may cause or contribute to an increase in mortality or an increase in serious illness, taking into account the toxicity of the waste, its persistence and degradability in nature, its potential for assimilation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms. Hazardous wastes include but are not limited to wastes that are toxic, radioactive, corrosive, flammable, irritants, or strong sensitizers or that generate pressure through decomposition, heat, or other means, excluding wood chips and wood used for manufacturing or fuel purposes.   History: En. Sec. 30, Ch. 403, L. 1971; amd. Sec. 15, Ch. 462, L. 1977; R.C.M. 1947, 27-242; amd. Sec. 7, Ch. 529, L. 1981; amd. Sec. 328, Ch. 418, L. 1995.
MT Code § 80-8-111 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-111. Waste pesticide and pesticide container collection, disposal, and recycling program

  80-8-111. Waste pesticide and pesticide container collection, disposal, and recycling program. (1) The department shall establish a waste pesticide and pesticide container collection, disposal, and recycling program. The program must be funded by license, permit, and special fees designated for that purpose in this chapter. The department may also establish waste pesticide and pesticide container fees and accept grants, gifts, and other funds to finance this program.   (2) The department may cooperate and contract with a person to conduct and manage the waste pesticide and pesticide container collection, disposal, and recycling program.   (3) (a) The department shall establish a collection program for waste pesticides and pesticide containers. In order to participate in this program, a person shall:   (i) notify the department in advance of the type and amount of waste pesticide or pesticide containers that will be delivered for collection; and   (ii) deliver the waste pesticide or pesticide containers for collection by the department at a time and location designated by the department.   (b) A person may not be subject to an administrative or judicial penalty or action under this chapter as a result of participation in the waste pesticide or pesticide container collection, disposal, and recycling program pursuant to this section.   (4) The department may designate types of waste pesticides or pesticide containers that it will not collect for disposal and recycling under this program.   (5) The department shall consult affected local governments before implementing the collection program under this section.   History: En. Sec. 2, Ch. 51, L. 1991; amd. Sec. 2, Ch. 465, L. 1993; amd. Sec. 290, Ch. 42, L. 1997; amd. Sec. 3, Ch. 244, L. 2017.
MT Code § 80-8-112 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-112. Deposit of waste pesticide and pesticide container collection, disposal, and recycling fees

  80-8-112. Deposit of waste pesticide and pesticide container collection, disposal, and recycling fees. (1) All license, permit, and special fees paid to the department to fund the waste pesticide and pesticide container collection, disposal, and recycling program and any grants or gifts accepted by the department pursuant to 80-8-111(1) must be deposited in an account in the state special revenue fund.   (2) Money in the account must be used by the department to administer the waste pesticide and pesticide container collection, disposal, and recycling program provided for in 80-8-111. Unencumbered and unexpended money remaining in the account at the end of the fiscal year may not lapse but must be carried forward for the purposes of this subsection until appropriated by subsequent legislative action.   History: En. Sec. 3, Ch. 465, L. 1993.
MT Code § 80-8-113 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-113. through 80-8-115 reserved

  80-8-113 through 80-8-115 reserved.
MT Code § 80-8-116 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-116. Pesticide management account -- deposit of fees and penalties -- investment

  80-8-116. Pesticide management account -- deposit of fees and penalties -- investment. (1) There is a pesticide management account within the state special revenue fund established in 17-2-102.   (2) All licensing, permit, registration, and devices and blending plant fees collected under parts 1 and 2 of this chapter must be deposited in the pesticide management account for the purpose of administering this chapter, including but not limited to:   (a) the cost of equipment and facilities;   (b) the cost of inspecting, investigating, analyzing, and examining:   (i) pesticide products;   (ii) applicators, operators, and other users of pesticides;   (iii) dealers and retailers selling pesticides;   (iv) pesticide equipment, storage, disposal, and operational facilities; and   (c) related pest and pesticide activities authorized by Title 80, chapter 7, part 5, and 80-7-711 through 80-7-714 and 80-7-720.   (3) The department may direct the board of investments to invest the funds collected under this section, pursuant to the provisions of 17-6-201. The income from the investments must be credited to the pesticide management account within the state special revenue fund.   History: En. Sec. 10, Ch. 633, L. 1983; amd. Sec. 1, Ch. 588, L. 1991; amd. Sec. 1, Ch. 65, L. 1999.
MT Code § 80-8-117 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-117. Pesticide cleanup special revenue account

  80-8-117. Pesticide cleanup special revenue account. (1) There is a pesticide cleanup special revenue account in the state special revenue fund established in 17-2-102.   (2) There must be deposited in the pesticide cleanup account any civil penalties collected under 80-8-306.   (3) The funds must be used by the department for cleanup and associated costs when a responsible party cannot be identified and located or if the responsible party is unable or unwilling to clean up the pesticide contamination and there is an imminent need to protect agriculture, health, or the environment.   (4) Unencumbered and unexpended funds remaining in the pesticide cleanup account at the end of the fiscal year may not lapse but must be carried forward for the stated purpose unless appropriated by subsequent legislative action.   (5) If a responsible party is identified and located after expenditure of the funds in the pesticide cleanup account, the department may initiate recovery of the funds through a voluntary agreement or in district court.   History: En. Sec. 2, Ch. 65, L. 1999.
MT Code § 80-8-118 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-118. and 80-8-119 reserved

  80-8-118 and 80-8-119 reserved.
MT Code § 80-8-121 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 1. General Administration|80-8-121. Penalty

  80-8-121. Penalty. A person who violates a notification ordinance adopted pursuant to 80-8-120:   (1) is subject to a written warning for the first violation;   (2) is guilty of a misdemeanor and upon conviction may be fined not more than $50 for the second violation; and   (3) is guilty of a misdemeanor and upon conviction may be fined not more than $500 for a third or subsequent conviction.   History: En. Sec. 2, Ch. 180, L. 1997.
MT Code § 80-8-203 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-203. Commercial applicator

  80-8-203. Commercial applicator. (1) It is unlawful for a person to engage in the business of applying pesticides for another without a pesticide applicator's license obtained from the department of agriculture. An application for a pesticide applicator's license must be accompanied by a fee of $75. The provisions of this subsection do not apply to a person employed only to operate equipment used for the application of a pesticide if the person has no financial interest or other control over the equipment other than its day-to-day mechanical operation for the purpose of applying any pesticide.   (2) Public utility applicators must be licensed in the same manner as commercial applicators, provided that public utility operators working under public utility applicators are not required to be licensed except as provided in 80-8-205.   (3) A veterinarian licensed as provided in Title 37, chapter 18, part 3, is not required to be licensed to apply nonrestricted pesticides, provided that the veterinarian registers with the department each year. The veterinarian must meet all other requirements and rules of the Montana Pesticides Act. The department shall consider the professional licensing requirements for veterinarians when adopting rules in relation to transactions and activities of a veterinary practice.   (4) An applicator is responsible for the use of any pesticide by an operator or employee under the applicator's supervision or employment.   (5) The department shall assess an additional annual license fee of $10 on applicators to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112.   History: En. Sec. 9, Ch. 403, L. 1971; amd. Sec. 2, Ch. 447, L. 1973; amd. Sec. 4, Ch. 462, L. 1977; R.C.M. 1947, 27-221; amd. Sec. 2, Ch. 230, L. 1979; amd. Sec. 4, Ch. 633, L. 1983; amd. Sec. 3, Ch. 181, L. 1989; amd. Sec. 5, Ch. 465, L. 1993; amd. Sec. 1, Ch. 216, L. 2003; amd. Sec. 5, Ch. 244, L. 2017.
MT Code § 80-8-204 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-204. Application for applicator's license

  80-8-204. Application for applicator's license. (1) Application for a pesticide applicator's license provided for in 80-8-203 must be made annually to the department before applying pesticides in any calendar year, and a pesticide applicator who is applying for renewal of a license shall do so on or before March 1 of that calendar year. A pesticide applicator who applies for renewal of a license after March 1 must be assessed a $25 late licensing fee.   (2) An individual applying for a license to engage in aerial application of pesticides shall certify on the application that the individual has met all the federal aviation administration and the department of transportation requirements for aerial pesticide applicators.   History: En. Sec. 10, Ch. 403, L. 1971; amd. Sec. 122, Ch. 218, L. 1974; amd. Sec. 33, Ch. 213, L. 1975; amd. Sec. 5, Ch. 462, L. 1977; R.C.M. 1947, 27-222; amd. Sec. 3, Ch. 230, L. 1979; amd. Sec. 1, Ch. 184, L. 1981; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 5, Ch. 633, L. 1983; amd. Sec. 212, Ch. 483, L. 2001.
MT Code § 80-8-205 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-205. Commercial operator

  80-8-205. Commercial operator. (1) The department of agriculture may establish procedures for controlling pesticide operators including necessary fees by regulation.   (2) The department may by rule establish a fee to be paid by commercial operators to fund the waste pesticide and pesticide container collection, disposal, and recycling program. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112.   History: En. Sec. 11, Ch. 403, L. 1971; R.C.M. 1947, 27-223; amd. Sec. 6, Ch. 465, L. 1993.
MT Code § 80-8-206 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-206. Applicator's and operator's examination

  80-8-206. Applicator's and operator's examination. (1) The department shall publish and distribute or have available upon request information that may be helpful to persons engaged in the application of pesticides, including information that may be required or that may appear upon any examination given to applicators and operators by the department.   (2) The department shall require an applicant for a license to show upon written examination that the person possesses adequate knowledge concerning the proper use and application of pesticides under the classification for which the person has applied, provided that the applicator and operator may not be required to take a reexamination upon renewal of licensing.   History: En. Sec. 12, Ch. 403, L. 1971; R.C.M. 1947, 27-224; amd. Sec. 2601, Ch. 56, L. 2009.
MT Code § 80-8-208 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-208. Dealer's examination

  80-8-208. Dealer's examination. Each applicant applying for a dealer's license and the applicant's employees in charge of pesticide sales must be required to pass a reasonable examination administered by the department. Dealers applying for relicensing may not be required to take an additional examination if they have met the department's requirements.   History: En. Sec. 14, Ch. 403, L. 1971; R.C.M. 1947, 27-226; amd. Sec. 2602, Ch. 56, L. 2009.
MT Code § 80-8-210 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-210. Licensing nonresidents

  80-8-210. Licensing nonresidents. Any nonresident applying for a license under this chapter to operate in Montana shall file a written power of attorney designating the secretary of state as the agent of such nonresident upon whom service of process may be had in the event of any suit against the nonresident person, and such power of attorney shall be so prepared and in such form as to render effective the jurisdiction of the courts of Montana over such nonresident applicant; provided, however, that any such nonresident who has a duly appointed resident agent upon whom process may be served as provided by law is not required to designate the secretary of state as such agent. The secretary of state shall be allowed such fees as provided by law for designating resident agents. The department shall be furnished with a copy of such designation of the secretary of state or of a resident agent, such copy to be duly certified by the secretary of state.   History: En. Sec. 17, Ch. 403, L. 1971; R.C.M. 1947, 27-229; amd. Sec. 11, Ch. 20, L. 1979.
MT Code § 80-8-211 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-211. Revocation of licenses and permits

  80-8-211. Revocation of licenses and permits. (1) The department shall establish the policy and procedures on the revocation of licenses or permits. The department may refuse to grant or renew or may revoke or modify a license or permit, as the case may require, when the department is satisfied that the licensee or permittee is not qualified to sell, use, or apply pesticides under the conditions in the locality in which the licensee or permittee operates or has operated or that the licensee or permittee has committed any of the following acts, each of which is considered a violation of this chapter:   (a) made false or fraudulent claims or recommendations through any media misrepresenting the effect of materials or methods to be used;   (b) applied or sold unapproved or illegal materials or applied or sold a pesticide without possessing a current and appropriate license or permit;   (c) operated in a faulty, careless, or negligent manner;   (d) operated faulty or unsafe equipment;   (e) refused or neglected to comply with the provisions of this chapter, rules adopted under this chapter, or any lawful order of the department;   (f) refused or neglected to keep and maintain the records required by this chapter or to make reports when and as required;   (g) made false or fraudulent records or reports;   (h) operated equipment for the commercial application of a pesticide without having a license or permit;   (i) used fraud or misrepresentation in making an application for a license or permit or renewal of a license or permit;   (j) used or applied a registered pesticide inconsistent with its labeling or the label or the department restrictions on the use of that pesticide;   (k) made false or misleading statements in connection with a pest inspection of land, crops, yards, or any premises in an attempt to induce any person to engage the licensee's or permittee's services to eliminate, control, or mitigate the alleged pest or made false or misleading statements concerning the effectiveness of any pesticide or its application;   (l) failed to satisfy a judgment entered against the licensee or permittee as a result of a complaint concerning the use of a pesticide.   (2) Decisions of the department relating to the issuing of licenses or permits may be appealed.   History: En. Sec. 18, Ch. 403, L. 1971; amd. Sec. 9, Ch. 462, L. 1977; R.C.M. 1947, 27-230; amd. Sec. 4, Ch. 184, L. 1981; amd. Sec. 1, Ch. 189, L. 1995.
MT Code § 80-8-212 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-212. Retail sale of pesticides -- education program

  80-8-212. Retail sale of pesticides -- education program. (1) The department of agriculture is authorized to designate the pesticides that may be sold in this state at retail for home, yard, garden, and lawn use. Only pesticides so designated may be sold at retail. The department may also limit the retail sale of such designated pesticides to quantities up to a specific number of pounds or gallons and of such concentrations as would be sublethal to humans and animals if small amounts thereof were accidentally swallowed, inhaled, sprayed, or dusted on the skin.   (2) Subject to the availability of funds, the department and the Montana state university-Bozeman extension service shall enter into a cooperative agreement to establish an education program for retailers and the general public on pests, pesticides, and alternative control methods.   History: En. Sec. 15, Ch. 403, L. 1971; amd. Sec. 4, Ch. 447, L. 1973; amd. Sec. 7, Ch. 462, L. 1977; R.C.M. 1947, 27-227; amd. Sec. 3, Ch. 588, L. 1991; amd. sec. 36, Ch. 308, L. 1995.
MT Code § 80-8-213 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-213. Government agencies

  80-8-213. Government agencies. (1) All state agencies, municipal corporations, or any other governmental agencies are subject to the provisions of this chapter and rules adopted under this chapter concerning the application or sale of pesticides. Applicators and operators applying pesticides and dealers selling pesticides for agencies, municipal corporations, or any governmental agencies are subject to the provisions of 80-8-203 through 80-8-208.   (2) The department shall issue a limited commercial applicator's or dealer's license for an annual fee of $50, which is valid only when an applicator or dealer is applying or selling pesticides for a state agency, municipal corporation, or any other governmental agency, provided that the jurisdictional health officer, state veterinarian, their duly authorized representatives, or governmental research personnel are exempt from this licensing requirement when applying pesticides to experimental areas.   (3) (a) A governmental agency shall pay for each of its first four employee applicators:   (i) an annual applicator's fee of $60; and   (ii) an additional fee of $10 to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year.   (b) A governmental agency shall pay for each additional employee applicator:   (i) an annual applicator's fee of $5; and   (ii) an additional fee of $10 to fund the waste pesticide and pesticide container collection, disposal, and recycling program. The department may by rule adjust the disposal fee to maintain adequate funding for the administration of the waste pesticide and pesticide container collection, disposal, and recycling program. The fee may not be less than $10 a year or more than $15 a year.   (c) A government agency may not be required to pay more than $895 annually for the licensing of employees as applicators and operators.   (d) Fees collected pursuant to this subsection (3) for the purpose of funding the waste pesticide and pesticide container collection, disposal, and recycling program must be deposited in the state special revenue account pursuant to 80-8-112.   (4) Government employees becoming certified applicators only to qualify for conducting pesticide education courses may not be charged a license fee but are limited to providing the courses. Government operators are subject to rules adopted pursuant to 80-8-205, including the license fee.   History: En. Sec. 19, Ch. 403, L. 1971; amd. Sec. 10, Ch. 462, L. 1977; R.C.M. 1947, 27-231; amd. Sec. 8, Ch. 633, L. 1983; amd. Sec. 9, Ch. 465, L. 1993; amd. Sec. 3, Ch. 216, L. 2003; amd. Sec. 8, Ch. 244, L. 2017.
MT Code § 80-8-214 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 8. Pesticides|Part 2. Registration and Licensing|80-8-214. Liability

  80-8-214. Liability. The department shall annually require from each commercial pesticide applicator proof of financial responsibility in amounts to be determined under rules promulgated by the department.   History: En. Sec. 20, Ch. 403, L. 1971; amd. Sec. 29, Ch. 13, L. 1977; amd. Sec. 11, Ch. 462, L. 1977; R.C.M. 1947, 27-232.