reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.3 - Specific Management Plan › Rule 4.11.304 - SMP - PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department will follow the procedures set forth in this rule when developing a
				SMP. The department, in the following order will:
(a) prepare an outline for the SMP for use at
				public meetings, which will include a description of the facts and
				circumstances that led the department to identify the need for a SMP;
(b) sponsor interagency and public
				meetings;
(c) consult with local,
				state and federal agencies, universities, and agricultural chemical user groups
				and the public, to identify the provisions, best management plans and
				practices, information and data needed, other agricultural chemicals of concern
				and plans for development of the SMP;
(d) consult with the MSUES to identify the
				benefits of appropriate use of the agricultural chemicals within the proposed
				SMZ of the SMP.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.3 - Specific Management Plan › Rule 4.11.305 - SMP EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				in cooperation with the MSUES and other persons will educate agricultural
				chemical users and other persons within the SMZ on the provisions of the SMP.
				The educational program may include the use of written and audio-visual
				materials on particular elements set forth in a SMP.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-106,
					 80-15-215
					 and
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.3 - Specific Management Plan › Rule 4.11.306 - SMP EVALUATIONS

Current through Register Vol. 13, July 5, 2024
The department will periodically evaluate the content of the
				  SMP with knowledgeable research and technical persons to determine whether the
				  program is meeting the objectives of Title 80, chapter 15, MCA. The department
				  in cooperation with research, technical and interested persons, users of
				  agricultural chemicals, members of any appointed advisory committee and the
				  public will develop and use specific evaluation criteria for determining the
				  effectiveness of the SMP. The initial evaluation will be made after two years,
				  following which additional evaluations will be made as needed. When substantial
				  changes are necessary, the department will determine what elements of the plan
				  need to be revised to ensure compliance with Title 80, chapter 15, MCA. The
				  department may hold public meetings to assist in making evaluations. The
				  department will follow the procedures in ARM
				  4.11.304 throughout this evaluation
				  process. The department will also evaluate the SMP through the provisions set
				  forth in ARM
				  4.11.903.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.3 - Specific Management Plan › Rule 4.11.307 - PRIORITIZING PREPARATION OF SMP'S

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall use any or all of the following criteria for prioritizing the
				preparation or revision of SMP's in situations when several SMP's are required,
				based on
				80-15-212(1),
				MCA and when available resources limit the department's ability to work on all
				of the required SMPs simultaneously:
(a)
				properties and volumes of the agricultural chemical(s) being used in a SMZ or
				region of the state that could cause ground water impairment or
				degradation;
(b) the
				concentration(s) or migration of agricultural chemicals detected in ground
				water;
(c) the number of persons
				and/or water wells that are or reasonably could be affected in a SMZ or region
				of the state;
(d) the problem
				cannot be completely corrected through an enforcement option other than a
				SMP;
(e) vulnerability of the
				ground water to impairment or degradation;
(f) other documented factors deemed
				appropriate by the department.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.4 - Establishment of Advisory Committees › Rule 4.11.401 - GMP OR SMP ADVISORY COMMITTEES

Current through Register Vol. 13, July 5, 2024
(1) The
				department may establish advisory committees to assist in the development,
				implementation or evaluation of general and specific management
				plans.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-212
					 and
					 80-15-215,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.4 - Establishment of Advisory Committees › Rule 4.11.402 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES REVIEW AND COMMENT

Current through Register Vol. 13, July 5, 2024
(1) The department will provide a completed
				draft GMP and drafts of SMP's or modifications to such plans to the department
				of health and environmental sciences (DHES) for review and comment, as required
				by
				80-15-105(2)
				(b),
				80-15-211
				and
				80-15-217,
				MCA. The draft GMP or SMP will be submitted to the director of DHES or the
				director's designee. Upon documented delivery of the drafts the 30-day
				statutory review and comment period will begin. The 30-day comment period means
				calendar days and will end at 5 p.m. on the 30th day.
(2) Changes in format, grammar, DHES
				standards (
				80-15-102(20),
				MCA) or classification of ground water and updated monitoring results, are
				excluded from the management plan review process.
(3) Within the 30-day review and comment
				period the DHES may request meetings with the department to discuss provisions
				of the plans and resolve questions and issues.
(4) The department will consider DHES
				comments or suggested modifications and incorporate those found appropriate in
				the final draft of the GMP, future modifications to the final GMP, draft rules
				for any SMP and future proposed rules for a SMP.
(5) The department will prepare a final GMP
				in accordance with ARM
				4.11.203.
(6) The department will prepare the proposed
				SMP rules upon completion of the DHES 30-day review and comment period. The
				department will publish the proposed rules in the Montana Administrative
				Register.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.4 - Establishment of Advisory Committees › Rule 4.11.403 - SOURCES OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				in developing the GMP or SMP's may utilize the sources of information,
				personnel, publications, and research listed in this rule along with any other
				sources the department deems appropriate. The sources include: environmental
				protection agency, United States departments of agriculture and interior,
				Montana state departments of health and environmental sciences, natural
				resources and conservation, state lands; Montana bureau of mines and geology;
				other state agencies; units of the Montana state university system; local
				governments; state agencies and universities from other states; public interest
				groups; agricultural chemical registrants; agricultural user associations;
				conservation districts; and similar sources that may be able to provide
				technical and/or operational advice or information to the department.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-211,
					 80-15-212,
					 80-15-214,
					 80-15-215
					 and
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.6 - Monitoring Procedures › Rule 4.11.601 - MONITORING

Current through Register Vol. 13, July 5, 2024
(1) The department shall perform both
				statewide monitoring and specific management plan monitoring as required by
				80-15-202,
				MCA for the presence of agricultural chemical residues. The department may
				monitor media including: soil, air, plants, water, animals, and any other media
				identified as necessary to accomplish the provisions of Title 80, chapter 15,
				MCA.
(2) Monitoring shall be used
				to determine:
(a) the occurrence, extent and
				probability of agricultural chemical impairment or degradation of ground water
				in Montana;
(b) the need for
				intensified monitoring in a particular location;
(c) the need for preparation of specific
				ground water management plans as provided in
				80-15-212,
				MCA;
(d) compliance with the
				requirements of Title 80, chapter 15, MCA and rules adopted thereunder;
				and
(e) whether the provisions of a
				SMP are reducing the occurrence or concentration of agricultural chemicals in
				the environment.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.6 - Monitoring Procedures › Rule 4.11.602 - SELECTION OF MONITORING SITES

Current through Register Vol. 13, July 5, 2024
(1) Factors
				that may be used in establishing priority for selection of sampling sites
				include, but are not limited to:
(a) local
				cropping practices;
(b)
				agricultural chemical use patterns;
(c) soil characteristics;
(d) depth to water table;
(e) ground water usage:
(i) public or private drinking water
				supply;
(ii) non-potable
				use;
(f) existing water
				quality;
(g) previous detections of
				agricultural chemical residues in ground water;
(h) the potential for adverse impact of
				impaired or degraded ground water on human health or the environment:
(i) number of wells per unit area;
(ii) volume of ground water used for human
				consumption per unit area.
(i) impairment or degradation of irrigation
				water;
(j) agricultural chemical
				user activities which may lead to ground water impairment or
				degradation;
(k) suspected misuse
				of chemicals, violation of Title 80, chapter 15, MCA, or violation of a
				SMP.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.6 - Monitoring Procedures › Rule 4.11.603 - SAMPLE COLLECTION AND ANALYSIS

Current through Register Vol. 13, July 5, 2024
(1)
				Sample collection and analysis performed for monitoring and investigation shall
				follow the department QA/QC requirements.
(2) A test result submitted to the department
				or the DHES must be accompanied by QA/QC field and laboratory procedures if it
				is to be considered as an official test result.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-202 and
					 80-15-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.6 - Monitoring Procedures › Rule 4.11.604 - POINT OF STANDARDS APPLICATION TEST RESULTS

Current through Register Vol. 13, July 5, 2024
(1) The department will review and evaluate
				all official ground water test results. Official ground water test results will
				be classified as either:
(a) negative
				detection;
(b) positive detection
				below the adopted standard;
(c)
				positive detection which meets or exceeds the adopted standard;
(d) positive detection for which there is no
				standard.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.6 - Monitoring Procedures › Rule 4.11.605 - DEVELOPMENT AND MAINTENANCE OF GROUND WATER QUALITY DATABASE

Current through Register Vol. 13, July 5, 2024
(1) The department will develop and maintain
				a database consisting of information and data compiled from previous and
				current ground water monitoring. This information may be summarized annually
				and made available, along with the ground water standard, to the public upon
				request. The database will consist of a number of data elements based on
				current department and EPA recommendations.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-202 and
					 80-15-203,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.901 - ENSURE COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) The department
				will ensure compliance with Title 80, chapter 15, MCA, the GMP and SMPs
				utilizing the procedures and activities set forth in ARM
				4.11.902 through
				4.11.904.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-105,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.902 - COMPLIANCE INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will conduct inspections of agricultural chemical facilities and users to
				determine compliance with Title 80, chapter 15, MCA. Special inspections,
				investigations or monitoring may be conducted:
(a) when misuse of an agricultural chemical
				is suspected;
(b) if an inspection
				reveals that an agricultural chemical may impair or degrade ground water;
				and
(c) if monitoring reveals the
				presence of an agricultural chemical in ground water.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.903 - COMPLIANCE EVALUATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will evaluate the requirements of compliance orders, emergency orders,
				enforcement actions, and SMPs in terms of:
(a) compliance dates;
(b) compliance with special agricultural
				chemical use and record keeping requirements;
(c) removal or treatment orders for soil or
				water clean-up;
(d) provisions of
				compliance orders, emergency orders, enforcement actions and SMPIs;
				and
(e) other requirements of Title
				80, chapter 15, MCA.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.904 - GMP AND SMP EVALUATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will evaluate the GMP and established SMPs according to procedures in ARM
				4.11.205 and
				4.11.306.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.905 - COORDINATING PROPOSED ORDERS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will coordinate the issuance of compliance orders and emergency
				orders with the DHES. The department will determine if DHES is proposing orders
				under
				75-5-613, MCA
				on the same issue as the department is proposing orders under Title 80, chapter
				15, MCA. The department will communicate by correspondence or meetings with the
				DHES to ensure that orders of both departments are coordinated.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-403 and
					 80-15-405,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.906 - DETERMINING SIGNIFICANT PROBABILITY

Current through Register Vol. 13, July 5, 2024
(1) For
				purposes of determining significant probability the department will obtain
				information during investigations or monitoring of agricultural chemical use,
				chemical spills, dumps, or misuse. Examples of information that will be
				considered are:
(a) characteristics of the
				chemical that influences entry into ground water such as water solubility,
				half-life, absorption and adsorption;
(b) depth to and direction of flow, volume
				and rate of ground water;
(c)
				distance to existing wells or other conduits to ground water;
(d) soil characteristics including depth,
				texture, organic matter and permeability;
(e) amount of chemical used, spilled, dumped
				or otherwise available to enter ground water;
(f) land features that could influence
				chemical movement such as surface water drainage;
(g) precipitation;
(h) cropping history and irrigation;
				and
(i) other factors deemed
				appropriate by the department.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.907 - CONTENTS OF ORDERS

Current through Register Vol. 13, July 5, 2024
(1) Each compliance
				or emergency order issued by the department will contain:
(a) the name of the person or persons to whom
				the order will be served;
(b) the
				authority of the department for issuing the order;
(c) a description of the actions that
				constitute the alleged violation or that may constitute significant probability
				and the provisions of the act or rule that establish the violation;
(d) the corrective actions required by the
				department;
(e) criteria for
				determining the duration of any required monitoring;
(f) the time frame within which corrective
				actions are to be initiated, conducted and completed; and
(g) appeal rights under Title 2, chapter 4,
				MCA.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.908 - CORRECTIVE ACTIONS

Current through Register Vol. 13, July 5, 2024
(1) In issuing a
				compliance or emergency order the department may require the following actions:
(a) monitoring to determine residue levels,
				trends and movement of agricultural chemicals in ground water, soils or other
				materials;
(b) characterization of
				ground water features such as direction of flow, depth and rate of
				flow;
(c) inventory of wells,
				surface water features, springs, groundwater recharge areas, and other ground
				water resources in the area or in a SMZ that may be affected;
(d) monitoring the direction, depth and rate
				of movement of any impaired or degraded ground water;
(e) removal and disposal, relocation or
				treatment of soil or other materials;
(f) provision for alternate water supplies
				for drinking and suitable water for irrigation and other beneficial
				uses;
(g) provision for removal or
				reduction of agricultural chemicals from impaired or degraded ground water
				using appropriate clean-up technology;
(h) procedural or operational changes that
				prevent, reduce or minimize the probability of ground water impairment or
				degradation from agricultural chemicals; and
(i) other provisions deemed appropriate to
				protect ground water.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.909 - DURATION OF MONITORING

Current through Register Vol. 13, July 5, 2024
(1) Monitoring
				required under a compliance or emergency order shall consist of sampling and
				chemical analyses conducted using department approved procedures and methods:
(a) Required ground water monitoring shall
				continue until residues in ground water are within levels established in the
				compliance or emergency order by the department in consultation with the
				DHES.
(b) The department when
				determining duration of monitoring, shall consider the following factors:
				classification of the ground water, present and future beneficial uses, the
				standard, the laboratory detection level and whether or not the impaired or
				degraded ground water is affecting other persons or aquifers.
(c) The department may require that ground
				water monitoring continue for one or more annual hydrologic cycles after
				analytical results fall within the accepted level.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.910 - PROCEDURES FOR ISSUING COMPLIANCE AND EMERGENCY ORDERS

Current through Register Vol. 13, July 5, 2024
(1) All orders will be issued following the
				requirements of Title 2, chapter 4, part 6, MCA.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-403 and
					 80-15-405,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.911 - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) Whenever the department has reason to
				believe that a violation of Title 80, chapter 15, MCA, or any adopted rule
				thereunder has occurred and the department finds it is in the public interest
				to assess an administrative civil penalty, it may initiate a civil penalty
				action pursuant to
				80-15-412,
				MCA.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-412,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.912 - ABILITY TO STAY IN BUSINESS

Current through Register Vol. 13, July 5, 2024
(1) Where a
				determination of the appropriate amount of the penalty must be made under
				80-15-412,
				MCA, the "effect on the person's ability to stay in business" will not be
				considered, until such time and to the extent the charged person places
				bonafide financial information in issue by presentation thereof, accompanied by
				appropriate documentary evidence.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-412,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.913 - OTHER PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) The department
				may, in the interest of judicial economy, combine a disciplinary proceeding
				under
				80-8-211,
				MCA (suspension or revocation of licenses and permits) or other violations of
				Title 80, chapter 8, MCA, or rules adopted thereunder, or violations of Title
				80, chapter 10, MCA, with a proceeding under
				80-15-412,
				MCA. Any appeal from a disciplinary action against the license or permit or
				other violations, shall be reviewed pursuant to the procedures established by
				Title 2, chapter 4, MCA.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-404,
					 80-15-411
					 and
					 80-15-412,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.914 - PENALTY DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) Each
				violation of Title 80, chapter 15, MCA, or rules adopted thereunder is
				considered a separate offense. As stated in
				80-15-412,
				MCA each offense is subject to a separate penalty not to exceed $1,000, with
				the exception of farm applicators possessing a pesticide permit or using a
				fertilizer whose penalty cannot exceed $500 for the first offense.
(2) The penalty matrices set forth in this
				rule establish the initial penalty value for each offense. The significance of
				the violation, the degree of care exercised and whether significant harm
				resulted to health, environment, agricultural crops or livestock may decrease
				or increase a penalty within the limits listed below. A person may present
				information on their ability to stay in business, as set forth in ARM
				4.11.912, petitioning for a
				reduction in the proposed civil penalty. The department shall have the option
				to select the most appropriate penalty and penalty value for each and every
				violation of the act.
AGRICULTURE PENALTY MATRIX
Type of Violation
1ST Offense
2ND Offense
3RD and Subsequent Offense
(a) Violate any lawful provision of a SMP:
100-1000
500-1000
750-1000
(b) Violate any provision of a lawful order:
100-1000
500-1000
750-1000
(c) Violate any provision of Title 80, chapter 15,
							 MCA;
100-1000
500-1000
750-1000
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-412,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.915 - GRAVITY OF VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will consider several factors when determining the gravity of a violation as
				set forth in
				80-15-412,
				MCA. These factors relate to provisions established by Title 80, chapters 8 or
				10, or Title 80, chapter 15, MCA and rules adopted thereunder, agricultural
				chemical labeling, SMP requirements or similar requirements that regulate the
				use of agricultural chemicals. The factors set forth below are examples of
				requirements that may be used. They are neither inclusive nor necessarily
				additive in substance or number and not necessarily presented in order of
				importance.
(2) A violation may be
				considered more grave when:
(a) a restricted
				use pesticide defined by ARM
				4.10.1501(90) is
				involved versus a general use pesticide as defined by ARM
				4.10.1501(50);
(b) a pesticide is involved that is more
				toxic than other available, effective registered pesticides;
(c) agricultural chemical levels in ground
				water meet or exceed the standard, pursuant to
				80-15-201,
				MCA;
(d) the extent, and severity
				of the violation results in harm to health, environment, or agriculture crops,
				or livestock;
(e) use is
				inconsistent with label directions and precautions or department
				rules;
(f) the person's history of
				compliance illustrates continued noncompliance or disregard for
				compliance;
(g) the violation
				results in impairment or degradation of ground or surface water;
(h) a person uses an agricultural chemical
				which is not registered or labeled, or has been cancelled, suspended or banned
				by EPA or the department by statute, rule or order;
(i) a person does not possess the proper
				pesticide license credential or permit to use or purchase a pesticide, or is
				not supervised as required by Title 80, chapter 8 or Title 80, chapter 15, MCA
				and rules adopted thereunder;
(j)
				records are not maintained or are improperly maintained;
(k) the person has knowledge of Title 80,
				chapter 15, MCA, and rules adopted thereunder or specific management plans
				which were violated.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.916 - DEGREE OF CARE

Current through Register Vol. 13, July 5, 2024
(1) In determining
				the applicability of the degree of care, the following standards will apply:
(a) Negligence means a failure to exercise
				reasonable care;
(b) Reasonable
				care means that degree of care demonstrated with a knowledge of the nature and
				probable consequences of the act or omission that a prudent person would
				ordinarily exercise acting in their own concern;
(c) Gross negligence means knowing,
				intentional or reckless conduct.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.9 - Compliance Penalties and Violations › Rule 4.11.917 - SIGNIFICANCE OF HARM

Current through Register Vol. 13, July 5, 2024
(1) The department
				will attempt to determine and verify significant harm resulting from any
				violation. The type and amount of verified significant harm will be considered
				in determination of civil penalty amounts and may mitigate or enhance the civil
				penalty.
(2) For verification of
				significant harm the department will consider documented physical evidence and
				expert opinion from knowledgeable persons. Examples of such persons include
				pesticide specialists, physicians, toxicologists, biologists, water quality
				personnel, extension agents, university personnel, product technical
				representatives, and consultants and other personnel with documented
				qualifications.
(3) The following
				are criteria that the department will consider in determining significant harm
				including but not limited to:
(a) exposure to
				humans resulting in acute illness, chronic illness or death;
(b) exposure to livestock or other domestic
				animals resulting in illness, death, or residues in the livestock or
				by-products that exceed tolerances or prevent marketing or
				consumption;
(c) exposure to crops,
				ornamental plants or other plants being grown or cultivated that results in
				damage, destruction, reduction in yield or residues that exceed tolerances or
				prevent marketing or consumption;
(d) impairment or degradation of ground water
				that results in adverse effects to any existing or future beneficial use;
				and
(e) exposure and adverse impact
				on plants other than crops, animals other than livestock, soil, water or any
				other components of the environment.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1101 - PESTICIDE REGISTRANT CBI

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall rely on the determination of confidentiality by the EPA under
				the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) for pesticide
				registrant data and information. Pesticide registrants claims for CBI must be
				consistent with the EPA determination and the registrant must advise the
				department of any reclassification of the data or information by EPA within 30
				days. The department may evaluate the validity of any registrant claim of CBI
				at any time and reserves the right to declassify material as CBI when the
				registrants claim is found to be inconsistent with EPA's determination. In such
				cases the department shall provide the submitter of the information a 20 day
				comment and rebuttal period prior to declassification.
(2) Pesticide registrants in submitting data
				or information required by the department under the act, must:
(a) clearly mark any portions thereof which
				in the registrants opinion are trade secrets or commercial or financial
				production, sales or use information, and
(b) submit such marked material separately
				from other material required to be submitted under this act. All submitted
				document packages containing CBI shall be accompanied by a cover letter
				describing CBI sections within the document package. Individual pages
				containing CBI within the submitted document packages shall be clearly marked
				as confidential.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1102 - CBI-CHEMICAL USE AND SALES DATA

Current through Register Vol. 13, July 5, 2024
(1)
				Dealers, distributors, registrants, applicators or any person required to
				submit pesticide or fertilizer production, sales or use data or from whom the
				department through inspections obtains such pesticide or fertilizer use and
				sales data by authority under Title 80, chapter 15, MCA are not required to
				mark the data or related records information as CBI. Dealers, distributors,
				applicators, or other persons submitting such data may voluntarily mark the
				data CBI. If it is not marked CBI they may be held to have waived their right
				to CBI in the unlikely event the department releases any such data. The
				department will handle pesticide data as CBI within the requirements of the
				Attorney General's Opinion (38 Agriculture Opinions 1 1979). The department
				reserves the right to reveal agricultural chemical sales or use data of persons
				for which an enforcement case under Title 80, chapter 8 or 10, is finalized or
				in the course of an administrative hearing under Title 2, chapter 4, MCA. Data
				obtained under the authority of Title 80, chapters 8 or 10, MCA and transferred
				within the department for administration of Title 80, chapter 15, MCA shall be
				managed in the same manner as data submitted by any person under authority of
				Title 80, chapter 15, MCA.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1103 - CBI SHALL BE STORED IN AN APPROVED SECURITY FILE

Current through Register Vol. 13, July 5, 2024
(1) Only employees authorized by the director
				may be issued keys or combinations to security files. No authorized employee
				may share keys or combinations with any person other than those authorized for
				direct access to CBI documents.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1104 - AUTHORIZED ACCESS

Current through Register Vol. 13, July 5, 2024
(1) The director
				will establish a written list of the department employees and other persons
				authorized access to CBI.
Sec.
					 80-15-105,
					 MCA; IMP, See.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1105 - DOCUMENT TRACKING

Current through Register Vol. 13, July 5, 2024
(1) CBI documents
				received by the director or his primary designee shall be immediately logged in
				and stamped on the front page, in red ink, with the following
				wording:
CONFIDENTIAL DATA
NOT A PUBLIC RECORD
(2) All such CBI documents shall be assigned
				a document tracking number. The director shall designate the personnel
				responsible for recording the date of receipt, document tracking numbers and
				subsequent actions on a written tracking sheet which shall be affixed to the
				CBI document. Reproductions of CBI shall be performed only by authorized
				professional or clerical personnel as designated by the director. The tracking
				sheet shall bear the initials of the employee performing the reproductions, and
				the number of reproductions made. Reproductions or other physical forms of CBI
				shall be secured and tracked as described for the original CBI. The tracking
				sheet shall bear the initials and title of any employee authorized by the
				department or cooperative agency receiving the CBI, the date of receipt and
				subsequent date of return.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1106 - MEETINGS

Current through Register Vol. 13, July 5, 2024
(1) Only the submitter and authorized
				personnel shall be allowed to attend that part of meetings, otherwise public
				under
				2-3-203,
				MCA, at which CBI will be discussed. Each person attending such a meeting shall
				sign an attendance log, listing his or her name, title, organization and
				telephone number. This log shall also include the tracking number(s) of the CBI
				document(s) distributed or discussed.
(2) A copy of the log shall be attached to
				the tracking sheet of each CBI document discussed or distributed at the
				meeting. CBI shall be deleted from any minutes or transcripts of meetings which
				are made public. Recordings, minutes or transcripts containing CBI shall be
				stored and tracked as described for the original CBI. It is unlawful for any
				person present at a meeting in which CBI is discussed to use confidential data
				for his own advantage or to reveal the data to the general public.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1107 - TELEPHONE

Current through Register Vol. 13, July 5, 2024
(1) Authorized employees of the department
				may discuss the CBI over the telephone with other persons authorized to have
				access to CBI. Authorized employees of the department may discuss CBI with the
				submitter by the permission of the submitter only if the CBI is specifically
				identified by the submitter and the submitter is made aware that the department
				cannot guarantee the security of confidential information discussed over the
				telephone.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1108 - TRAVELING

Current through Register Vol. 13, July 5, 2024
(1) When an authorized department employee is
				required to travel while in the possession of CBI, such CBI shall remain in the
				employee's personal possession.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1109 - TRANSMITTAL

Current through Register Vol. 13, July 5, 2024
(1) CBI transmitted both within and without
				the department shall be hand delivered. When hand delivery is impractical, CBI
				shall be transmitted by certified mail return receipt requested or equivalent
				courier.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1110 - CBI ACCESS JUSTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) Interagency
				access to CBI documents, shall be requested in writing and shall state the
				specific purpose for such access. The department recognizes that disclosure of
				specific CBI may be necessary for an agency to carry out a directive on behalf
				of the department, to fulfill said agency's own statutory obligations, or to
				complete an inquiry initiated by the department. Written requests for access to
				CBI by agencies outside the department shall be signed by a designated person
				from the agency authorized by the department to receive and review CBI. All
				such requests shall be entered as a permanent part of the document tracking
				system. The department reserves the right to deny CBI access to persons or
				agencies not providing adequate document security.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1111 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Agencies
				eligible for access to submitted documents containing CBI are those responsible
				by statute for the protection of public health or the environment. Each such
				agency shall submit, for approval by the department, a written proposed
				procedure to ensure the security of all disclosed CBI and shall agree, in
				writing, to treat all documents disclosed under this rule as
				confidential.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1112 - INTERAGENCY

Current through Register Vol. 13, July 5, 2024
(1) The department may enter into a
				memorandum of understanding (MOU) with any agency possessing an obligation,
				under Montana law, to provide protection of public health or the environment.
				Through the MOU, an agency shall provide the department a list of trained as
				specified in ARM
				4.11.1116 designated persons
				requesting authorization to receive CBI, agree to treat all information
				disclosed by the department as CBI and insure adequate document security. The
				department may set time limits for the return of all disclosed CBI, and may
				recall all or any portion of the disclosed documents at any time. Agencies
				receiving CBI from the department through the procedures outlined above may not
				reproduce or reveal to unauthorized person(s) such documents in any
				manner.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1113 - PERSONNEL PRECAUTIONS

Current through Register Vol. 13, July 5, 2024
(1) Personnel from
				any agency other than the department, authorized to receive and review CBI
				documents, may not discuss the contents of said documents with any unauthorized
				persons. They may not discuss CBI over the telephone and may not produce notes
				or correspondence containing CBI.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1114 - AUTHORIZATION

Current through Register Vol. 13, July 5, 2024
(1) Prior to gaining access to CBI files all
				authorized employees of the department and designated personnel from other
				agencies shall sign a document stating that they have received, read and
				understand this rule, and shall abide by these CBI rules subject to penalties
				set forth in
				80-15-414(4),
				MCA.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1115 - NOTIFICATION OF DISCLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Within 15 days
				of the date of disclosure to anyone other than authorized department employees,
				the director shall notify the submitter of disclosed CBI providing the name of
				the agency, date of disclosure, detailed description of the information
				disclosed, and the purpose of the disclosure. The department shall also provide
				proof that the receiver is authorized by the department to review
				CBI.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1116 - TRAINING

Current through Register Vol. 13, July 5, 2024
(1) All authorized department employees and
				all designated personnel in other agencies authorized to receive and review CBI
				shall receive training in procedures to follow in requesting access to,
				handling, distributing and storing documents containing CBI. Such training
				shall assure complete understanding of this rule by all such
				personnel.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.11 - Confidentiality › Rule 4.11.1117 - VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any authorized personnel within the
				department or agencies outside the department, who fail to comply with these
				confidentiality rules, shall be investigated by that agency and complete
				findings reported to the department's director. The department retains the
				authority to revoke an agency's access to CBI if violations of the department's
				CBI rules are documented. If CBI access is revoked, an agency may regain access
				to CBI by providing proof, satisfactory to the department, that adequate steps
				have been taken to improve security.
(2) Persons or agencies, who with intent to
				defraud, uses or reveals CBI, shall have their access to CBI immediately
				revoked. Violators, pursuant to
				80-15-414(4),
				MCA are subject to a misdemeanor and upon conviction may be fined not more than
				$5,000 or imprisoned for not more than 1 year, or both.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-108,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1201 - GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-214,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1202 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1203 - GEOGRAPHICAL AREA (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-212,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1204 - AGRICULTURAL CHEMICAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-212,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1205 - IMAZAMETHABENZ METHYL STANDARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-201,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1206 - CONTENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-214,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1207 - PUBLIC NOTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-215,
					 80-15-218,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1208 - RECORD KEEPING (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-214,
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.12 - SMP Plan › Rule 4.11.1209 - EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-15-217,
					 MCA; IMP,
					 80-15-217,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.12.1 - Apiculture Rules › Rule 4.12.101 - REGISTRATION OF APIARIES AND LIMITATIONS OF REGISTRATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-6-301
					 and
					 80-6-201
					 MCA, IMP, Sec.
					 80-6-102
					 and
					 80-6-201
					 MCA;