Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.1 - Definitions › Rule 4.11.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
These definitions apply to all rules adopted under the
				  Montana Agricultural Chemical Ground Water Protection Act Title 80, chapter 15,
				  MCA.
(1) "Affected person" means any
				person that is required to comply with a SMP or other requirements of Title 80,
				chapter 15, MCA, that is or potentially may be adversely affected by the
				impairment or degradation of ground water; or for which an agricultural
				chemical has been detected in their well.
(2) "Confidential business information"
				herein referred to as "CBI" is data or information submitted or provided under
				authority of Title 80, chapter 15, MCA in any form to the department, by the
				environmental protection agency (EPA), agricultural chemical registrants,
				licensed or permitted pesticide dealers, retailers and applicators, fertilizer
				manufacturers or distributors or any person. CBI agricultural chemical data or
				information may include; confidential statements of the complete agricultural
				chemical formula, agricultural chemical registration data or information and
				information concerning the sales, production or use of pesticides or
				fertilizers.
(3) "Degradation"
				means the presence of an agricultural chemical in ground water at a
				concentration that meets or exceeds the standard as defined in
				80-15-102(2),
				MCA.
(4) "Environment" includes
				water, air, land, plants, and humans and other animals living therein and the
				interrelationships which exist among these.
(5) "General agricultural chemical ground
				water management plan" means a written state-wide plan, herein referred to as
				"GMP", which describes the general environmental conditions of the state,
				ground water resources, common agricultural chemical uses and their properties,
				agriculture cropping and livestock practices, regions vulnerable or potentially
				vulnerable to ground water impairment or degradation by agricultural chemicals,
				best management plans and practices, educational programs and other general
				program elements set forth in Title 80, chapter 15, MCA.
(6) "Good faith effort" means a substantiated
				or measurable attempt to comply with the provisions of Title 80, chapter 15,
				MCA and the rules adopted thereunder or any specific agricultural chemical
				ground water management plan.
(7)
				"Impairment" means the presence of an agricultural chemical in ground water or
				increase in its concentration in ground water for which its present and future
				beneficial use may be affected and which is contrary to
				80-15-103,
				MCA.
(8) "Official test result"
				means a test result which is obtained following the department approved quality
				assurance and quality control (QA/QC) field and laboratory
				procedures.
(9) "Significant harm"
				means: having a measurable or verified observation of adverse effects on public
				health, the environment, agricultural crops or livestock; the verified presence
				of an agricultural chemical which meets or exceeds the standard and the
				definitions set forth in ARM
				4.10.1501(7), (21), (67), (71),
				(98) and (100).
(10) "Significant probability" means the
				likelihood based on the most recent valid scientific or technical information
				and/or documented evidence, that an agricultural chemical could enter ground
				water.
(11) "Specific agricultural
				chemical ground water management plan", herein referred to as "SMP", means
				rules adopted for the purpose of preventing or reducing the potential or
				incidence of ground water impairment or degradation from an agricultural
				chemical or chemicals within a specific management zone which may include the
				provisions of
				80-15-214(2),
				MCA.
(12) "Specific management
				zone", herein referred to as a "SMZ" means an area, region or localized site,
				the boundaries of which are defined by the department based on the best
				available hydrogeologic data in a SMP.
(13) "Unofficial test result" means a test
				result which does not meet department approved quality assurance and quality
				control (QA/QC) field and laboratory procedures.
(14) "Vulnerable" or "Vulnerability" means
				the factors that determine the potential for or actual impairment or
				degradation of an aquifer or ground water. These factors include, but are not
				limited to; depth to a confined or unconfined aquifer, soil type, clay and
				organic matter content, texture, structure, porosity, moisture, local climatic
				conditions and irrigation practices, ground water recharge rates, well
				construction, and other factors that determine the fate and transportation of
				agricultural chemicals in ground water.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-105,
					 MCA;