Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1005 - PENALTY DETERMINATION

Current through Register Vol. 13, July 5, 2024
Commercial, government,
(1) Each violation of the Montana Pesticides
				Act and/or rules adopted thereunder is considered a separate offense. Each
				offense is subject to a separate penalty not to exceed $2,500, with the
				exception of farm applicators whose penalty cannot exceed $500 for the first
				offense.
(2) The penalty matrixes
				in this rule establish the penalty for each offense that is a major violation
				or reoccurrence of a major violation. The values in parentheses establish the
				penalty for farm applicators possessing a permit. The gravity of the violation,
				the degree of care exercised and the degree of harm to health, environment,
				agricultural commodities, or livestock may decrease or increase the penalties
				listed below. The department shall have the option to select the most
				appropriate penalty and penalty value for each violation.
(3) Where a penalty is assessed for
				reoccurrence of a violation within two years of the first violation, the two
				year period will start on the date that the preceding violation occurred. All
				appeals procedures and rights to contest and a final order concluding the
				violation must be completed for the preceding violation(s).
(4) Penalties are assessed according to the
				following penalty matrix:
(a) misuse
				resulting in proven exposure or proven harm to:
Violation
1st Offense
2nd Offense
3rd and Subsequent Offense
Humans or human health Proven exposure Illness Chronic
							 illness or death
$ 500 (100) 1,000 (200) 2,500 (500)
$1,000 2,500 2,500
$2,500 2,500 2,500
Agricultural commodities Proven exposure Reduced yield
							 or price Damage or residues that prevent marketing Destruction
$ 250 (50) 750 (150) 1,000 (200) 2,000 (400)
$ 500 1,500 2,000 2,500
$1,000 2,000 2,500 2,500
Livestock Proven exposure Illness or residues that
							 prevent marketing of livestock or by-products Death
$ 250 (50) 1,000 (200) 2,500 (500)
$ 500 2,000 2,500
$1,000 2,500 2,500
(b)
				misuse resulting in proven harm to environment:
Surface or ground water
Poisoning or harm to aquatic plants or animals
$ 500 (100)
$1,000
$2,500
Domestic, livestock, or irrigation purposes or other
							 beneficial uses affected
1,000 (200)
2,000
2,500
Residues equal or exceed state or federal standards
1,000 (200)
2,500
2,500
Soil
Residues that prevent growth of plants
500 (100)
1,000
2,500
Structure or biota adversely affected
500 (100)
1,000
2,000
Animals
Illness or harm
500 (100)
1,000
2,500
Death
1,000 (200)
2,000
2,500
Residues that prevent or restrict consumption by
							 humans
1,000 (200)
2,000
2,500
Plants other than agricultural commodities
Damaged, normal the following season
500 (100)
1,500
2,500
Damaged, abnormal the following season
1,000 (200)
2,000
2,500
Destroyed
2,000 (400)
2,500
2,500
Air
Contaminated at or above state or federal health
							 standards
1,000 (200)
2,500
2,500
(c)
				sale of a restricted pesticide to a person not certified or authorized to
				purchase restricted pesticides:
Sale of a restricted pesticide to a person not
							 certified or authorized to purchase restricted pesticides
$1,000 (100)
$1,500
$2,500
(d)
				use or sale of an unregistered pesticide:
General
$1,000 (200)
$2,000
$2,500
Restricted
1,500 (300)
2,500
2,500
Canceled or suspended
1,500 (300)
2,500
2,500
(e)
				failure to maintain any individual pesticide application and sales records:
General use pesticides
$250 (50)
$500
$1,000
Restricted use pesticides
500 (100)
750
1,500
(f)
				use of a pesticide without having obtained the required license or permit:
Commercial, government, public utility or non-
							 commercial applicators or operators or farm applicators
General
$ 500
$1,500
$2,500
Restricted
1,000
2,000
2,500
Permitted farm applicator Restricted
250
1,000
2,000
(g)
				sale of a pesticide without having obtained the required license:
General
$ 500 (100)
$1,500
$2,500
Restricted
1,000 (200)
2,000
2,500
(h)
				noncompliance with pesticide worker protection standards and labeling:
Misuse violations not causing proven exposure of
							 humans, agricultural commodities or livestock; or proven harm to human health,
							 commodities, livestock or the environment
$ 250 (50)
$500
$1,000
Retaliation by an employer against workers or handlers
1,000 (200)
1,500
2,500
Failure to provide emergency assistance
1,500 (300)
2,000
2,500
Sale of a misbranded pesticide not having the required
							 worker protection label language
500 (100)
1,500
2,500
(i)
				noncompliance with pesticide ground water and environmental protection agency
				endangered species standards and labeling:
Misuse violations not causing proven exposure of
							 humans, agricultural commodities or livestock; or proven harm to human health,
							 commodities, livestock or the environment
$250 (50)
$500
$1,000
(j)
				noncompliance with pesticide or pesticide container disposal, labeling or
				handling requirements and standards:
Misuse violations not causing proven exposure of
							 humans, agricultural commodities or livestock; or proven harm to human health,
							 commodities, livestock or the environment
$250 (50)
$500
$1,000
Sale of a misbranded pesticide
500 (100)
1,500
2,500
(k)
				reoccurrence of any identical violation of this chapter (Title 80, chapter 8,
				MCA [File Link Not Available]) within two years of the first violation
				excluding the major violations set forth above:
Type of Reoccurrence
1st Reoccurrence
2nd Reoccurrence
3rd Reoccurrence
Violations dealing with permits, licenses and/or
							 reports
$ 500
$1,000
$2,500
Violations dealing with general use pesticides
500
1,000
2,500
Violations dealing with restricted use pesticides
1,000
2,000
2,500
All other violations
500
1,000
2,500