reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1004 - OTHER PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) If the nature
				of a particular enforcement proceeding so warrants, 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
				the act or rules adopted thereunder with a proceeding under
				80-8-306(5),
				MCA. However, any appeal from resulting disciplinary action against the license
				or permit or other violations, shall be reviewed pursuant to the procedure
				established by the Montana Administrative Procedure Act.
Sec.
					 80-8-105, MCA;
					 IMP, Sec.
					 80-8-306,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1006 - GRAVITY OF VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department,
				in determining the gravity of a major violation as set forth in
				80-8-306(5)
				(e), MCA, will consider certain factors.
				These factors are normally established by statute, rules, labeling and similar
				standards or requirements and will be documented to the violator. The factors
				set forth below are examples of standards that may used. They are neither
				inclusive or necessarily additive in substance, order presented, or number.
(a) a restricted use pesticide is involved
				versus a general use pesticide;
(b)
				a more toxic pesticide is involved;
(c) an antidote to the pesticide is not
				available;
(d) pesticide residue
				levels exceed established federal tolerances or action levels;
(e) pesticide residue levels exceed
				established federal or state standard or health guidelines for surface or
				ground water;
(f) the extent, type,
				kind, nature and severity of exposure or harm to human health, commodities,
				environment, or livestock;
(g) the
				person's history of compliance with the Montana Pesticides Act, rules, and
				department orders illustrates continued noncompliance or disregard for
				compliance;
(h) whether ambient air
				levels of a pesticide exceed state or federal standards or
				guidelines;
(i) timeliness in
				correcting a violation;
(j)
				cooperation during an inspection or investigation;
(k) multiple violations are
				present;
(l) violations that have
				potential to result in exposure or harm;
(m) timely and voluntary settlement of
				damages;
(n) the person has
				knowledge of the act or rules which were violated.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1007 - DEGREE OF CARE - MISUSE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				these rules implementing civil penalties, conduct that falls within the
				definition of misuse under
				80-8-306(5) (e)
				(i), MCA shall constitute misuse per se,
				without regard to the standard of care exercised. However, the charged party
				may present evidence of standard of care exercised, which may be considered by
				the department for purpose of determining and mitigating the amount of penalty
				[
				80-8-306(5)
				(d), MCA]. Such evidence will be evaluated
				and categorized as follows:
(a) misuse which
				occurs through little or no negligence of the charged party may mitigate the
				penalty;
(b) misuse which occurs
				through negligence may have a neutral effect in either mitigating or enhancing
				the penalty;
(c) misuse which
				occurs as a result of gross negligence may enhance the penalty.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1008 - DEGREE OF CARE - VIOLATIONS OTHER THAN MISUSE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				80-8-306(5) (b) (ii) through
				(vi), MCA a violation is deemed to have
				occurred if the conduct falls under any of the enumerated categories, without
				regard to the standard of care exercised. However, the department may consider
				evidence thereof for purposes of determining and mitigating the amount of
				penalty. To the extent they are applicable, the department will evaluate the
				standard of care in the same manner as is stated for determining misuse under
				ARM 4.10.1007.
Sec.
					 80-8-105, MCA;
					 IMP, Sec.
					 80-8-306,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1009 - NONCOMPLIANCE WITH PESTICIDE WORKER PROTECTION STANDARDS AND LABELING

Current through Register Vol. 13, July 5, 2024
(1) Failure to comply with the worker
				protection standard and associated labeling requirements violates the Montana
				Pesticides Act and is subject to civil penalties pursuant to
				80-8-306,
				MCA.
(2) Persons using pesticides
				referencing the worker protection standard, labeled 40 CFR, part 156, subpart
				K, must comply with worker protection statements and the worker protection
				standard. Failure to comply constitutes use of a pesticide in a manner
				inconsistent with the label.
(3)
				Pesticides labeled for use in the production of agricultural plants on
				agricultural establishments, defined in
				40
				CFR 170.3, must be labeled with worker
				protection statements set forth in 40 CFR, Part 156, subpart K. A pesticide not
				so labeled is misbranded. It is a violation to distribute, sell, or offer for
				sale or deliver for transportation or transport in intrastate commerce any
				misbranded pesticide, and is subject to a civil penalty pursuant to
				80-8-306,
				MCA.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-306,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1010 - NONCOMPLIANCE WITH PESTICIDE GROUND WATER AND ENVIRONMENTAL PROTECTION AGENCY ENDANGERED SPECIES STANDARDS AND LABELING

Current through Register Vol. 13, July 5, 2024
(1) The following are considered violations:
(a) failure to comply with label or labeling
				directions relating to ground water or endangered species requirements
				including requirements in bulletins referenced by labels;
(b) failure to comply with administrative
				rules requiring containment, spill reporting, spill cleanup, or emergency
				response plans; or
(c) failure to
				comply with ground water specific management plans adopted as administrative
				rules pursuant to Title 80, chapter 15, MCA.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1011 - NONCOMPLIANCE WITH PESTICIDE OR PESTICIDE CONTAINER DISPOSAL, LABELING OR HANDLING REQUIREMENTS AND STANDARDS

Current through Register Vol. 13, July 5, 2024
(1)
				The following are considered violations:
(a)
				failure to comply with label directions for disposal of a pesticide;
(b) failure to comply with ARM
				4.10.801 through
				4.10.808 (Rinsing and Disposing of
				Pesticide Containers);
(c) failure
				to comply with pesticide label directions for handling such as application
				instructions, storage, protective clothing or equipment, precautionary
				statements, restrictions, re-entry intervals, mixing and loading instructions
				and others; or
(d) distribution,
				sale, or offering for sale or delivering for transportation, or transport in
				intrastate commerce between points in the state any pesticide that is not
				labeled as required by ARM
				4.10.1009 through
				4.10.1011.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.10 - Civil Penalties › Rule 4.10.1012 - REMEDIAL ACTION IN LIEU OF CIVIL PENALTIES

Current through Register Vol. 13, July 5, 2024
(1)
				A person subject to a civil penalty or charged with a violation may submit a
				written application to conduct remedial action (
				80-8-306(3),
				MCA) in lieu of all or part of a civil penalty. The department will consider
				remedial actions that exceed the requirements of statute, rules or orders and
				that:
(a) correct harm caused by pesticides
				to human health, agricultural commodities, livestock, or the
				environment;
(b) prevent the
				occurrence of harm; and
(c) benefit
				the public.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.11 - Pesticide Reporting, Cleanup, and Containment › Rule 4.10.1101 - DEFINITION OF TERMS

Current through Register Vol. 13, July 5, 2024
These definitions apply to all rules adopted under the
				  Montana Pesticides Act, Title 80, chapter 8, MCA.
(1) "Appurtenances" means all valves, pumps,
				fittings, pipes, hoses, metering devices and mechanical devices which are
				connected to a pesticide storage container or are used to transfer a material
				into or out of a storage container.
(2) "Bulk pesticide" means any pesticide
				which is transported or held in an individual container in undivided quantities
				of greater than 55 U.S. gallons liquid measure or 100 pounds net dry
				weight.
(3) "Dry pesticide" means
				any pesticide which is in solid form.
(4) "Liquid pesticide" means any pesticide in
				liquid form.
(5) "Operational
				activities" means transferring, loading, unloading, mixing, repackaging, and
				refilling pesticides; and emptying, cleaning, or rinsing refillable
				containers.
(6) "Permanent storage
				facility" or "PSF" means a facility or location where any primary containment
				capable of storing more than 500 U.S. gallons or 4,500 pounds of formulated
				bulk pesticides is in-service for more than 14 consecutive days. Primary
				containment capable of being moved and not in-service at a single site for more
				than 14 days is not a PSF. PSF will include primary containment and secondary
				containment.
(7) "Precipitation"
				means rain, snow, sleet or hail.
(8) "Primary containment" means a dedicated
				container or vessel effectively designed and constructed to contain a
				pesticide. Application equipment is excluded.
(9) "Secondary containment" means a device or
				an area or structure designed, constructed and maintained to hold or confine or
				prevent a discharge of pesticides from primary containment and
				appurtenances.
(10) "Spill" means a
				release, leak, discharge, disposal or escape of pesticides or pesticide
				mixtures into the environment, whether accidentally or not, including the
				discarding or abandonment of pesticide containers, but excludes the use or
				disposal of pesticides or pesticide containers in a manner consistent with
				approved labels and in compliance with the Montana Pesticides Act and the
				Federal Insecticide, Fungicide and Rodenticide Act, as amended.
80-8-105, MCA;
					 IMP,
					 80-8-105,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.11 - Pesticide Reporting, Cleanup, and Containment › Rule 4.10.1102 - GENERAL SPILL CLEANUP, REPORTING, AND CONTAINMENT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All persons shall contain, confine and
				clean up spills of pesticides or pesticide mixtures.
(a) an immediate response to pesticide spills
				should be undertaken according to local emergency operations plans; and
				responsible persons can, where appropriate, contact the local emergency
				operations jurisdiction or the state 24-hour number for disaster and emergency
				services at (406)444-6911.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.11 - Pesticide Reporting, Cleanup, and Containment › Rule 4.10.1103 - GENERAL REQUIREMENTS AT PERMANENT STORAGE FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Any person constructing or operating a
				new PSF or making an addition to an existing PSF must comply with ARM
				4.10.1101 through
				4.10.1109.
(2) A person who operates a PSF prior to
				April 30, 2010, shall, within two years, bring their facility into compliance
				with ARM 4.10.1101 through
				4.10.1109.
(3) Mobile containers
				such as railcars or tank trucks used to transfer pesticide to or from a PSF
				must use catch basins that may be temporary and portable, to recover spills
				from connections.
(4) Protection
				against vandalism or unauthorized access shall be provided for at a PSF. Valves
				on primary containment shall be closed, locked or otherwise secured when not in
				use.
(5) Floor drains are not
				permitted in facilities designed to contain spills of pesticide and pesticide
				mixtures unless:
(a) complete and reasonable
				access for routine inspections is provided for the entire system.
(b) all parts of the drain and its systems
				are constructed above the normal ground plane of the immediate surrounding
				area.
(c) the floor drain shall be
				for recovery purposes only.
(d)
				discharge outlets, valves and gravity drains on existing secondary containment
				that do not comply with this rule shall be sealed upon adoption of these
				rules.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.11 - Pesticide Reporting, Cleanup, and Containment › Rule 4.10.1106 - OPERATIONAL ACTIVITIES FOR BULK PESTICIDES AT A PSF

Current through Register Vol. 13, July 5, 2024
(1) Operational activities must meet the
				following standards:
(a) if operational
				activities are conducted within secondary containment, the containment shall
				comply with ARM
				4.10.1105 and must withstand the
				weight of any vehicles and storage containers used within the secondary
				containment.
(b) a person
				conducting operational activities outside of secondary containment must conduct
				these activities on a containment pad.
(c) the containment pad must have a capacity
				of at least 750 gallons. If the largest container to be used on the containment
				pad is less than 750 gallons, the capacity of containment pad must be 100
				percent of the largest pesticide container or pesticide holding equipment used
				on the pad.
(d) the surface area of
				the containment pad must extend completely beneath any container used on the
				pad. For transport vehicles, excluding railcars, the surface area of the pad
				must extend beyond any valve or hose coupling used in the transfer of pesticide
				materials.
(e) the containment pad
				must be constructed in a manner that permits removal and recovery of spilled,
				leaked, or discharged materials and rainfall. The surface of the pad must be
				sloped toward an area where liquids can be collected for removal.
(f) the containment pad must be constructed
				of materials and with specification as required for secondary containment in
				ARM 4.10.1105.
(g) temporary or
				portable catch basins must be used under fittings or connections not located
				over a containment pad during pesticide transfers. An attendant must be present
				during all operational activities.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.11 - Pesticide Reporting, Cleanup, and Containment › Rule 4.10.1107 - RECOVERY, USE OR DISPOSAL OF SPILLS, DEBRIS, PRECIPITATION AND WASH WATER AT A PERMANENT STORAGE FACILITY

Current through Register Vol. 13, July 5, 2024
(1)
				Precipitation or other liquids or debris shall not be allowed to accumulate in
				secondary containment to the point where required containment capacity is not
				maintained. Spills, debris, precipitation or wash water in secondary
				containment shall be recovered immediately if the capacity is reduced to less
				than required by ARM
				4.10.1105(1) (a) and
				(b).
(2) The department must be immediately
				notified of any spills outside of the secondary containment in accordance with
				ARM 4.10.1102(2).
(3) Recovered pesticides and contaminated
				materials shall be labeled, and stored, recycled, used, or disposed of in
				accordance with ARM
				4.10.1102(3).
Sec.
					 80-8-105, MCA;
					 IMP, Sec.
					 80-8-105,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.11 - Pesticide Reporting, Cleanup, and Containment › Rule 4.10.1108 - SPILL RESPONSE PLAN

Current through Register Vol. 13, July 5, 2024
(1) A written
				emergency response plan shall be prepared for a PSF.
(2) The plan shall include, but not be
				limited to, the following elements:
(a) the
				names and telephone numbers of the persons and agencies who are to be contacted
				in the event of a spill.
(b) a
				material safety data sheet for each pesticide stored at the facility and a copy
				of its label and labeling.
(c) the
				procedures used for controlling and recovering a spill for each type of
				pesticide stored. These procedures should be kept current.
(d) an inventory of all pesticides and their
				total volume at the PSF. An inventory shall be updated at least monthly and
				when a shipment of greater than 500 U.S. gallons or 4,500 pounds of product in
				undivided quantities is received or dispatched.
(e) the type of emergency equipment and
				supplies and their location to protect personnel, to contain, recover and store
				in the event of a spill.
(f) at
				least one copy of the emergency response plan shall be located at the PSF and a
				second copy maintained off the premise to ensure its availability in case of an
				emergency. A responsible person shall be knowledgeable of the locations of
				plans.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.11 - Pesticide Reporting, Cleanup, and Containment › Rule 4.10.1109 - RECORDS, INSPECTION, AND MAINTENANCE RECOMMENDATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any person operating a PSF shall maintain
				written records of all inspections and maintenance of the PSF for at least two
				years that include:
(a) the name of the person
				conducting the inspection or maintenance;
(b) date of the inspection;
(c) conditions noted; and
(d) specific maintenance performed.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1201 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) The department establishes rules
				regarding the registration and restricted use of 1080 livestock protection
				collars to control coyotes (Canis latrans) that depredate sheep and
				goats.
(2) Registrants of the
				collar, dealers selling the collar, and applicators using the collar are
				subject to future labeling restrictions and requirements designated by the
				department.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1202 - REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) Registration of the collars for sale or
				distribution in the state is limited to state and federal registrants
				only.
(2) The registrant may not
				sell, transfer, transport, give away, or entrust collars to any individual who
				is not properly licensed or permitted by the department.
(3) Only the registrant or the collar
				manufacturer is authorized to fill collars with 1080 solution.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1203 - DEALER SALES

Current through Register Vol. 13, July 5, 2024
(1) The department
				or a federal agency may become licensed dealers for the sale and distribution
				of the collars. The dealer must maintain an inventory record of collars
				purchased, sold, distributed, given away, or entrusted. The record must include
				the date of sale, the applicator's name, address, phone number, license or
				permit number, EPA registration number, expiration date, and the number of
				collars.
(2) The dealer may only
				sell, give away, or entrust collars to properly licensed or permitted
				applicators.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1204 - APPLICATOR CLASSIFICATION AND REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An individual who uses collars must be a
				licensed or permitted applicator as required in ARM
				4.10.201
				or
				4.10.401.
				All individuals must pass a written examination as required in ARM
				4.10.203(3)(a)
				and (4)(a) and attend a training course
				sponsored by the department.
The training course includes, but is not limited to:
(a) The safe use, handling, and attachment of
				collars;
(b) Disposal of punctured
				or leaking collars, contaminated animal remains, contaminated vegetation and
				soil, and contaminated clothing;
(c) Practical treatment of 1080 poisoning in
				humans and domestic animals;
(d)
				Record keeping requirements;
(e)
				Montana pesticide laws and rules; and
(f) Collar labeling.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1205 - USE RESTRICTIONS OF COMPOUND 1080 LIVESTOCK PROTECTION COLLARS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1206 - SUPERVISION, INSPECTION OF 1080 LIVESTOCK PROTECTION COLLARS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1207 - RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.12 - Livestock Protection Collars › Rule 4.10.1208 - VIOLATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1401 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) The department establishes rules
				regarding the registration and restricted use of M-44 cyanide capsules in M-44
				ejector devices to control canids as allowed by the product label that
				depredate livestock and poultry, vector communicable disease, or harm
				populations of threatened and endangered species.
(2) Registrants of the cyanide capsules and
				applicators using the capsules in the M-44 devices, cyanide spring-loaded
				ejector mechanisms, are subject to future labeling restrictions and
				requirements by the department.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1402 - REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) Registration of the M-44 cyanide capsules
				for sale or distribution in the state is limited to state and federal
				registrants only.
(2) Registrants
				must not sell, transfer,transport, give away, or entrust M-44 cyanide capsules
				to any individual who is not properly licensed or permitted by the
				department.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1403 - M-44 CYANIDE CAPSULE DEALER SALES

Current through Register Vol. 13, July 5, 2024
(1) The
				department or a federal agency may become licensed dealers for the sale and
				distribution of M-44 cyanide capsules. The dealer must maintain an inventory
				record of capsules purchased, sold, distributed, given away, or entrusted. The
				record must include the date of sale, the applicator's name, address, phone
				number, license or permit number, EPA registration number, expiration date, and
				the number of capsules.
(2) The
				dealer may only sell, give away, or entrust M-44 cyanide capsules to properly
				licensed or permitted applicators.
(3) Dealer sales and distribution of M-44
				cyanide capsules to licensed or permitted applicators may be limited at the
				discretion of the department. Federal or state agencies providing capsules to
				their employees are not limited by this restriction.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-105,
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1404 - APPLICATOR CLASSIFICATIONS AND REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An individual who uses cyanide capsules
				in M-44 devices must be a licensed or permitted applicator as required in ARM
				4.10.201
				or
				4.10.401.
				All individuals must pass a written examination as required in ARM
				4.10.203(3)(a)
				and (4)(a)  and attend a training course
				sponsored by the department. The training course includes, but is not limited
				to:
(a) The safe use and handling of the
				capsules and the M-44 ejector device;
(b) The proper use and handling of personal
				protective equipment;
(c)
				Instructions and practical demonstration on the proper placement of the M-44
				ejector device;
(d) Federal, state,
				and local laws and regulations on the cyanide capsules and M-44
				devices;
(e) Labels, biology of
				wild canids, environmental considerations, disposal, and storage; and
(f) Record keeping requirements.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1405 - USES OF CYANIDE CAPSULES AND M-44 EJECTOR (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1406 - SUPERVISION, INSPECTION, AND REMOVAL OF CYANIDE CAPSULES AND M-44 DEVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-8-214
					 MCA; IMP, Sec.
					 80-8-105
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1407 - RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 and
					 80-8-306
					 MCA; IMP, Secs.
					 80-8-105 and
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.14 - Rules of Registration and Use of M-44 Sodium Cyanide Capsules and M-44 Devices › Rule 4.10.1408 - VIOLATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Secs.
					 80-8-105 and
					 80-8-306
					 MCA; IMP, Secs.
					 80-8-105 and
					 80-8-306
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1701 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108 MCA;
					 IMP,
					 80-7-1108
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1702 - DEALER RECORDS AND SURCHARGE ASSESSMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108 MCA;
					 IMP, Sec.
					 80-7-1108
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1703 - GRANT APPLICATION PROCEDURE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108 MCA;
					 IMP, Sec.
					 80-7-1108
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1704 - GRANT APPLICATION CONTENT AND FEASIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1705 - LEGAL REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108 MCA;
					 IMP, Sec.
					 80-7-1101
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1706 - PROJECT EVALUATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108 MCA;
					 IMP, Sec.
					 80-7-1101
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1707 - REPORTING AND MONITORING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108 MCA;
					 IMP, Sec.
					 80-7-1101
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.17 - Rodenticide Surcharge and Grants › Rule 4.10.1708 - APPLICABILITY DATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 80-7-1108
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1801 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) The department may establish standards
				and procedures for administering a waste pesticide and pesticide container
				collection, disposal and recycling program.
(2) The purpose and intent of these rules is
				to:
(a) reduce the amount of stored waste
				pesticides and empty pesticide containers in Montana;
(b) dispose of waste pesticides and empty
				pesticide containers in a manner safe to the environment and human
				health;
(c) facilitate exchange of
				useable pesticides among pesticide applicators in Montana; and
(d) permit the department to issue contracts
				to qualified entities who will conduct the operational aspects of a waste
				pesticide disposal program.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1802 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Acceptable pesticide" means a pesticide
				approved by the department for the disposal program. An acceptable pesticide
				shall also mean an empty pesticide container that contained an acceptable
				pesticide.
(2) "Contractor" means
				an entity or entities contracted by the department to conduct the disposal
				program.
(3) "Disposal program"
				means the collection of pesticides and pesticide containers for disposal,
				recycling or use by methods and procedures approved by the
				department.
(4) "Participant" means
				a person or persons authorized by the department to submit acceptable
				pesticides to the disposal program.
(5) "Recyclable" means a pesticide container
				rinsed according to label directions as addressed in the code of federal
				regulations (
				40 CFR
				156.10 ).
(6) "Unacceptable pesticide" means a
				pesticide that is not permitted to be incinerated according to state or federal
				regulations or an empty pesticide container that contained an unacceptable
				pesticide.
(7) "Exchangeable
				pesticide,, means a pesticide in a sealed, unopened container authorized by the
				disposal program for exchange from one person to another.
Sec.
					 80-8-105 MCA;
					 IMP, Sec.
					 80-8-111,
					 80-8-112
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1803 - WASTE PESTICIDE DISPOSAL PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) Disposal
				program contractors must:
(a) register as a
				hazardous waste generator with the Montana Department of Environmental Quality
				(DEQ) and possess a hazardous waste identification number issued by DEQ. DEQ
				registration and a hazardous waste identification number are not required for a
				contractor involved solely with recyclable pesticide containers and
				exchangeable pesticides;
(b)
				possess or subcontract only with transporters that possess all necessary
				federal and state permits, licenses and registrations required for the
				transportation of hazardous waste; and
(c) certify that employees conducting the
				disposal program meet occupational safety and health administration safety and
				training requirements in
				29 CFR
				1910.120.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1804 - PESTICIDE DISPOSAL AND CONTAINER RECYCLING PROGRAM OPERATION

Current through Register Vol. 13, July 5, 2024
(1) The department or its designated agent
				may conduct outreach and educational activities to inform the public about the
				functions of the disposal program. Outreach activities may be conducted in
				cooperation with the Montana State University Extension Service, local
				governments, the contractor and others.
(2) The department may target disposal
				program activities to regions or areas within the state each fiscal
				year.
(3) The department selects
				waste pesticide collection site(s) in consultation with the
				contractor.
(4) The department
				establishes minimum criteria for a collection site(s).
(5) The department establishes procedures for
				disposal of acceptable pesticides, including:
(a) Persons intending to participate in the
				disposal program for disposal of waste pesticides or non-plastic recyclable
				pesticide containers such as containers made of materials like metal,
				fiberboard, or other similar material must apply to the department on forms
				provided by the department. Information provided on the form must include, but
				is not limited to:
(i) brand name of the
				pesticide if present on label or if known;
(ii) active ingredient of the pesticide if
				present on label or if known;
(iii)
				EPA registration number or United States Department of Agriculture (USDA)
				number, if present on label or if known;
(iv) container size, composition, condition,
				and quantity to be disposed;
(v)
				applicant's name, address and telephone number; and
(vi) other information deemed necessary by
				the department.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1805 - DISPOSAL PROGRAM COLLECTION PRIORITIES

Current through Register Vol. 13, July 5, 2024
(1) The department may set priorities for the
				type and amount of acceptable pesticides collected under the disposal program.
				Criteria for setting the type and amount of acceptable pesticide collected may
				include but are not limited to:
(a) funding
				available to operate the disposal program;
(b) registration status of acceptable
				pesticides (e.g., canceled/suspended pesticides may have priority over
				presently registered pesticides) ;
(c) toxicity;
(d) hazard to human health or the
				environment; and
(e) condition of
				the pesticide container.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1806 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Participants in the disposal program may
				be required to pay a fee commensurate with department program costs. The fee
				will be set by the director annually by June 30, and will not exceed $2 per
				pound.
(2) Participants who submit
				recyclable pesticide containers to the program may be required to pay a fee
				commensurate with department program costs for recycling. The fee will be set
				by the director annually by June 30, and will not exceed 50 cents per
				pound.
(3) Fees for pesticide
				disposal and plastic container recycling may exceed the fees set in (1) and (2)
				for pesticides or containers that have handling and/or disposal requirements
				resulting in costs exceeding the fees set under (1) and (2). The fee for these
				pesticides or containers will not exceed the cost of disposal or
				recycling.
(4) The department may
				charge participants who receive an exchangeable pesticide a fee of $5 for each
				container with a net content of less than or equal to one gallon or ten pounds
				and $10 for each container with a net content of greater than one gallon or ten
				pounds. The department, at its discretion, may waive fees for participants who
				receive exchangeable pesticides if the established fee is higher than the
				retail value of the exchangeable pesticide.
AUTH:
					 80-8-105,
					 MCA; IMP:
					 80-8-111,
					 80-8-112
					 MCA
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1807 - LIABILITY

Current through Register Vol. 13, July 5, 2024
(1) The department in the operation of the
				disposal program does not assume ownership of any pesticide products or
				pesticide containers accepted under the disposal program nor does the
				department accept liability for disposal.
(2) The contractor assumes ownership of all
				pesticide products and pesticide containers collected under the disposal
				program.
(3) As provided in
				80-8-111,
				MCA, participants may not be subject to an administrative or judicial penalty
				as a result of participation in the disposal program.
80-8-105, MCA;
					 IMP,
					 80-8-111,
					 80-8-112,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.10 - AGRICULTURAL SCIENCES DIVISION › Subchapter 4.10.18 - Pesticide Disposal Program › Rule 4.10.1808 - TERMINATION OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
80-8-105, MCA;
					 IMP,
					 80-8-111,
					 80-8-112,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.2 - General Management Plan › Rule 4.11.201 - GENERAL MANAGEMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) The
				department, when developing or modifying the GMP, will include the requirements
				of
				80-15-211
				and
				80-15-213,
				MCA and many of the program elements for a SMP in
				80-15-214,
				MCA. The intent of the GMP is to protect ground water and the environment from
				ground water impairment or degradation from agricultural chemicals by providing
				agricultural chemical users with information and data on:
(a) aquifer and ground water information with
				special emphasis on regions in the state that may be vulnerable to impairment
				or degradation from agricultural chemicals;
(b) special state or federal agency programs
				and requirements;
(c) special
				factors such as irrigation practices, and meteorological or geological
				characteristics;
(d) agricultural
				chemical application techniques, chemical characteristics, benefits and risks
				in terms of ground water impairment or degradation;
(e) the leaching potential of chemical
				residues in soils whether from a point or nonpoint source;
(f) proper and modified uses of agricultural
				chemicals to prevent their introduction into ground water;
(g) the utilization of alternative
				agricultural practices, and integrated pest management systems; and
(h) soil fertility practices.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.2 - General Management Plan › Rule 4.11.202 - GENERAL BEST MANAGEMENT PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) The
				department in consultation with the Montana State University Extension Service
				(MSUES) will write and incorporate directly or by reference best management
				practices and plans (BMP's) into the GMP. These BMPs will provide
				recommendations and information to chemical users on minimizing the impact of
				agricultural chemicals on ground water through proper use of chemicals at
				mixing/loading sites, areas treated with agricultural chemicals, and at
				disposal and storage facilities. The BMP's will also include information on
				alternative agricultural strategies.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-211,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.2 - General Management Plan › Rule 4.11.203 - GMP PUBLIC PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department will follow the procedures set forth in this rule when developing or
				modifying the GMP. The department will:
(a)
				prepare an outline of the GMP for use at public meetings;
(b) sponsor interagency and public
				meetings;
(c) consult with local,
				state and federal agencies, universities, agricultural chemical user groups and
				the public, to identify the provisions, best management plans and practices,
				information and data needed, the agricultural chemicals of concern and plans
				for development of the GMP.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.2 - General Management Plan › Rule 4.11.204 - GMP EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				in cooperation with the MSUES will conduct educational programs to inform
				agricultural chemical users and other persons on the provisions of the GMP. The
				educational program may also include the use of written and audio-visual
				materials on particular aspects of the elements set forth in the GMP.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-106
					 and
					 80-15-211,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.2 - General Management Plan › Rule 4.11.205 - GMP EVALUATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will periodically evaluate the contents of the GMP with knowledgeable research
				and technical persons to determine if the plan is meeting the objectives of
				Title 80, chapter 15, MCA. The department in cooperation with research and
				technical 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 GMP. The initial evaluation
				will be made after 2 years, following which additional evaluations will be made
				as needed. Based upon these evaluations the department may revise elements of
				the plan to ensure compliance with Title 80, chapter 15, MCA. The department
				may hold public meetings to assist in evaluation of the GMP. The department
				will follow the procedures in ARM
				4.11.203 throughout this evaluation
				effort. The department will also evaluate the GMP through the provisions set
				forth in ARM
				4.11.903.
Sec.
					 80-15-105
					 and
					 80-15-211,
					 MCA; IMP, Sec.
					 80-15-105,
					 MCA;
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.3 - Specific Management Plan › Rule 4.11.301 - SPECIFIC MANAGEMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) The
				department will develop a SMP when any of the criteria in
				80-15-212(1)
				MCA, are met. All SMPs must be adopted as administrative rules. A compliance or
				emergency order issued under
				80-15-403, MCA
				may be adopted as a SMP.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-212
					 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 4.11.302 - SMP CONTENT

Current through Register Vol. 13, July 5, 2024
(1) SMPs will
				incorporate provisions set forth under
				80-15-214(1),
				MCA. The department will consider incorporation of appropriate elements and
				provisions set forth in
				80-15-214(2),
				MCA in the SMP that are necessary to achieve the requirements of
				80-15-214(1),
				MCA and other requirements of Title 80, chapter 15, MCA. The content of these
				provisions will be contingent upon;
(a) the
				extent and nature of the problem;
(b) the type of agricultural chemical(s)
				involved;
(c) soil and water
				analytical results;
(d) geological
				and aquifer characteristics when known;
(e) land use patterns;
(f) soil type and related
				characteristics;
(g) meteorological
				conditions;
(h) depth to ground
				water;
(i) current and potential
				beneficial uses of the groundwater;
(j) physiography;
(k) jurisdictional and ownership boundaries;
				and
(l) other elements deemed
				necessary by the department.
Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.11 - ENVIRONMENTAL MANAGEMENT › Subchapter 4.11.3 - Specific Management Plan › Rule 4.11.303 - BMP'S FOR SMP

Current through Register Vol. 13, July 5, 2024
(1) The department
				in consultation with MSUES may incorporate BMP's into every SMP. The BMP's may
				address agricultural chemical use, use of alternative agricultural chemicals,
				integrated pest management techniques, alternative agricultural practices and
				methods, and other provisions deemed necessary by the department.
Sec.
					 80-15-105,
					 MCA; IMP, Sec.
					 80-15-214,
					 MCA;