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

More documents

Recommendations

Info

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
Montana Water Quality Act (MWQA)The Montana Water Quality Act(MWQA) is administered by the DEQ.The purpose of this Act is to provideadditional and cumulative remedies toprevent, abate, and control the pollutionof state waters. MWQA outlinesthe responsibilities of the DEQ in thedevelopment of water quality standards,water resource use and qualityclassifications, and non-degradationrules as they relate to surface andground water resources of Montana.Also contained within the MWQA arethe Emergency Powers of the DEQ(ARM 16.20.1025) which contain theprocedures that must be followedwhen there are spills or unanticipateddischarges of pesticides or other toxicsubstances that would lower thequality of any ground waters of thestate below Montana ground waterquality standards. Under the WaterQuality Act, it is unlawful to pollute anystate waters, or to place or cause to beplaced any wastes, in a location wherethey will cause pollution of statewaters. Before applying pesticides inwater, pesticide applicators shouldcontact the Water Protection Bureau ofthe DEQ for information on requiredpermitting.Montana Food, Drug and Cosmetic ActThe Miller Amendment (1954) of TheMontana Food, Drug and CosmeticAct requires that any raw agriculturalcommodity be condemned as adulteratedif it contains pesticides for whichthere is no established tolerance or forwhich established tolerance limits areexceeded.Montana Solid Waste LawsThe Montana Solid Waste ManagementAct prohibits the disposal of anysolid waste in any location not licensedas a solid waste disposal site by theDEQ. Refuse is defined as “all putrescibleand non-putrescible solidindustrial wastes.” In this context,some pesticides are included withinthe definition. Any person foundviolating this act is guilty of a misdemeanor.19
Page 1: Montana State Laws andRegulations P
Page 4 and 5: (Blank Page)ii
Page 6 and 7: (Blank Page)iv
Page 8 and 9: (Blank Page)vi
Page 10 and 11: evidence proves that the productend
Page 12 and 13: Financial responsibility must be ma
Page 14 and 15: of application methods which willmi
Page 16 and 17: environmental conditions particular
Page 18 and 19: 10Regulatory Pest Control-Rodent: A
Page 20 and 21: (a copy or the original) to the MDA
Page 22 and 23: Incident ReportsAn applicator who c
Page 24 and 25: Montana Agricultural Chemical Groun
Page 28 and 29: 20(Blank Page)
Page 30 and 31: FORM 1. RESTRICTED USE PESTICIDE SA

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

Create successful ePaper yourself

Delete template?

Save as template?