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

present in the ground water or whenEPA implements a program to protectground water from fertilizers, a commercialfertilizer ground water managementplan may be developed.Enforcement and InvestigationsThe MDA has the authority to:‣ Investigate conditions relatingto compliance with agriculturalchemical labels,management plans, monitoringrequirements, groundwater protection requirementsand to investigateviolations of plans or complianceorders.‣ Gain access to and copyany records required by theMDA.‣ Establish and inspect monitoringequipment.‣ Sample ground water, includingdrinking water supplysources such as wellsand similar structures.The MDA may issue a complianceorder to any person(s) violating astandard or any other requirement ofthe MACGWPA. The MDA mayrequire cleanup of any agriculturalchemical that has contaminated or hasa significant probability of enteringground water.Administrative Civil Penaltiesup to $500 for farm (private) applicators.Assessment of a civil penaltymay be made in conjunction with anyother warning, order, or administrativeaction. When determining an appropriateadministrative civil penalty, theMDA will consider the effect of theperson’s ability to continue in business,the gravity of the violation thatoccurred, the degree of care exercisedby the offender, and whether significantharm resulted to public health,agricultural crops, livestock, or theenvironment.Judicial Civil PenaltiesPersons who violate any order, specificagricultural chemical ground watermanagement plan or any provision ofMACGWPA will be subject to a judicialcivil penalty not to exceed $10,000.Each occurrence constitutes a separateviolation.Criminal PenaltiesViolations of the MACGWPA committedintentionally by any person(s) aresubject to a fine up to $25,000 foreach day the violation continues orimprisonment for up to 1 year or both.Following an initial conviction underthis section, a subsequent convictionsubjects a person to a fine of not morethan $50,000 for each day the violationcontinues or imprisonment for notmore than 2 years, or both.Persons violating the MACGWPA maybe assessed an administrative civilpenalty of up to $1,000 for eachoffense for commercial applicators and18