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

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