Montana State Laws and Regulations Pertaining to the Use of ...

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Montana Agricultural Chemical Ground Water Protection Act(MACGWPA)The Montana Agricultural ChemicalGround Water Protection Act, Title 80,Chapter 15, MCA is administeredjointly by the Departments of Agricultureand Environmental Quality. Thislaw establishes Montana policy protectingwater resources and the use ofagricultural chemicals. Both agencieswill:‣ Protect ground water andthe environment from impairmentor degradationdue to the use of agriculturalchemicals.‣ Ensure that agriculturalchemicals are properly andcorrectly used.‣ Provide management of agriculturalchemicals whichwill prevent, minimize andmitigate their presence inground water.‣ Provide education and trainingof agricultural chemicalapplicators and the generalpublic on ground water protection,agricultural chemicaluse, and the use ofalternative agriculturalmethods.Water Quality StandardsThe Montana Department of EnvironmentalQuality (DEQ) is responsiblefor the adoption of ground waterquality standards for agriculturalchemicals for which federal standardsexist and for those agricultural chemicalswhose presence has been verifiedin ground water. Upon request fromthe MDA, DEQ develops or requestEPA to develop a interim numericalstandard for agricultural chemicals forwhich there is no existing standard.Water quality standards are used byboth agencies in assessing potentialthreats to human health from consumptionof contaminated groundwater.MonitoringBoth the MDA and DEQ are requiredto conduct monitoring of ground waterresources to determine:1) Whether residues of agriculturalchemicals are present in groundwater, and2) The likelihood of an agriculturalchemical entering ground water.Both the MDA and the DEQ reviewand evaluate monitoring and samplingdata jointly. The departments, incooperation, determine the appropriateresponse to contamination. Suchdeterminations are based upon waterquality standards, water classification(i.e. how the water is used) and risk tohuman health, based on consumptionpatterns.Management PlansThe MDA is responsible for the developmentof management plans whichprovide for the protection of groundwater resources through the managementof agricultural chemicals. TheMDA published the Montana General16
Agricultural Chemical Ground WaterManagement Plan (GMP) in 1994.The GMP sets the basis upon whichall state specific management plansare based. Specific managementplans will be specific to particularagricultural chemicals and to a definedgeographical area. A specific managementplan must be implementedwhen the level of an agriculturalchemical found in ground water is at50 percent or greater of the officialstandard.The department may develop andimplement an agricultural chemicalground water management planspecific to particular agriculturalchemicals and may consider but is notlimited to considering the followingelements when determining whether ornot to develop and implement agriculturalchemical ground water managementplans:(a) a definite trend of increasedpresence of the agricultural chemicalin ground water ;(b) agricultural chemicals havebeen determined to have migrated inthe ground water from the point ofdetection;(c) EPA proposes to suspend orcancel registration of an agriculturalchemical, prohibits or restricts thechemical's sale or use in the state, orotherwise initiates action against achemical because of ground waterconcerns, and EPA's action, restriction,or prohibition will be implementedunless the state develops an adequatemanagement plan; or(d) agricultural chemicals thatpossess or are suspected of possessingproperties that indicate potential tomigrate to ground water are beingapplied on areas underlain by groundwater that is vulnerable to impairment.The department may initiate educationalprograms about agriculturalchemical management to provideinformation and management techniquesto protect ground water in aneffort to preclude the need for developmentof specific agricultural chemicalground water management plans inthe future.A person using an agricultural chemicalin the geographical region that isaddressed by a specific agriculturalchemical ground water managementplan must comply with that plan. Thedepartment may specifically identifyand designate persons who are underthe plan and may inform any personabout the plan.The department prioritizes preparationof specific agricultural chemical groundwater management plans in considerationof the specific circumstances ofeach area and within available resources.The MDA must consider thecurrent and potential beneficial use oruses of the ground water included in oraffected by the plans. The MDA mustalso consider the benefits of appropriateagricultural chemical use whendeveloping any management plan.All management plans must beadopted as administrative rules andare enforceable under the MontanaGround Water Act.Commercial Fertilizer GroundWater Management PlansIf the MDA or the DEQ determine thatresidues from commercial fertilizer are17
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