Montana Administrative Code

2.69.201 MODEL PROCEDURAL RULES The Office of the State Public Defender (OPD) adopts and incorporates by reference the following model rules, which may be found at http://sos.mt.gov/ : the Attorney General's Model Procedural Rules ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, an…

2.69.202 PROCEDURES FOR THE ISSUANCE OF DECLARATORY RULINGS (REPEALED) Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 2006 MAR p. 2572, Eff. 10/27/06; REP, 2018 MAR p. 716, Eff. 4/14/18.

2.69.203 DEFINITIONS "Applicant" means a person who seeks public defender services. "Income" includes, but is not limited to, all household wages; business or self-employment income; unemployment, social security or workers' compensation benefits; Supplemental Nutrition Assistanc…

2.69.301 DETERMINATION OF INDIGENCY The Central Services Division shall prepare forms to capture financial information from an applicant for public defender services, including an affidavit as required in 47-1-111(2), MCA. The forms must be reviewed biennially. Local OPD offices …

2.69.601 REASONABLE COMPENSATION (REPEALED) Authorizing statute(s): 47-1-105, 47-1-216, MCA Implementing statute(s): 47-1-105, 47-1-216, MCA History: NEW, 2006 MAR p. 2572, Eff. 10/27/06; REP, 2018 MAR p. 716, Eff. 4/14/18.

4.1.101 ORGANIZATION AND FUNCTIONS Organization of the department: The Department of Agriculture was originally constituted as the Bureau of Agriculture, Labor, and Industry under the 1889 Constitution, was re-established as the Department of Agriculture under the Executive Reorg…

4.10.1001 DEFINITIONS As used in this part the following definitions apply: "Animal poisoning" means a pesticide exposure to humans, livestock or domestic and wild animals resulting in acute and/or chronic illness, harm or death normally verified respectively by a physician, a ve…

4.10.1002 ENFORCEMENT Whenever the department has reason to believe that a violation of Title 80, chapter 8, MCA or any adopted rule thereunder has occurred and the department finds it is in the public interest to assess a civil penalty, it may initiate a civil penalty action pur…

4.10.1003 ABILITY TO STAY IN BUSINESS Where a determination of the appropriate amount of the penalty must be made under 80-8-306(5)(d), MCA the "effect on the person's ability to stay in business" will be considered when the charged person submits bonafide financial information a…

4.10.1004 OTHER PENALTIES 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…

4.10.1005 PENALTY DETERMINATION Each violation of the Montana Pesticides Act and/or rules adopted thereunder is considered a separate offense. Each offense is subject to a separate penalty not to exceed $2,500, with the exception of private farm applicators whose penalty cannot e…

4.10.1006 GRAVITY OF VIOLATIONS 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 …

4.10.1007 DEGREE OF CARE - MISUSE 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 pa…

4.10.1008 DEGREE OF CARE - VIOLATIONS OTHER THAN MISUSE 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 depar…

4.10.1009 NONCOMPLIANCE WITH PESTICIDE WORKER PROTECTION STANDARDS AND LABELING 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. Persons usin…

4.10.101 FINANCIAL RESPONSIBILITIES Persons applying for a commercial pesticide applicator's license must be covered by liability insurance in the required amount as follows: the minimum insurance must be in the amount of $50,000 for aerial applicators, and $30,000 for all other …

4.10.1010 NONCOMPLIANCE WITH PESTICIDE GROUND WATER AND ENVIRONMENTAL PROTECTION AGENCY ENDANGERED SPECIES STANDARDS AND LABELING The following are considered violations: failure to comply with label or labeling directions relating to ground water or endangered species requiremen…

4.10.1011 NONCOMPLIANCE WITH PESTICIDE OR PESTICIDE CONTAINER DISPOSAL, LABELING OR HANDLING REQUIREMENTS AND STANDARDS The following are considered violations: failure to comply with label directions for disposal of a pesticide; failure to comply with ARM 4.10.801 through 4.10.8…

4.10.1012 REMEDIAL ACTION IN LIEU OF CIVIL PENALTIES 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 a…

4.10.102 CONDITIONS OF FINANCIAL RESPONSIBILITY The insurance policy must cover the applicator, their operators and all business employees. The insurance policy must provide coverage for each and every pesticide the applicator may choose to apply. The financial responsibility req…

4.10.103 APPROVAL, MODIFICATION, AND CANCELLATION OF FINANCIAL RESPONSIBILITY ELEMENTS (REPEALED) (REPEALED) Authorizing statute(s): 80-8-105, MCA Implementing statute(s): 80-8-214, MCA History: NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 2019 MA…

4.10.104 JUDGMENT OF DAMAGES AND/OR INJURY A judgment rendered in any court of competent jurisdiction, of this state or any other state, or of the United States, against a licensee or certificate holder, upon a cause of action arising out of any pesticide use, misuse, or attempte…

4.10.105 INCIDENT REPORTS AND RECORDS An applicator who through their own actions or omissions, or the actions or omissions of their employees, causes or allows any pesticide to escape onto or to be deposited onto the person, lands, or property of another not the person hiring or…

4.10.106 REVOCATION OF LICENSE The department may revoke the license(s) of any applicator not satisfying the final judgment rendered against or agreed to by them, within 30 calendar days from the date the judgment is filed with the department or in the same time period establishe…

4.10.107 PERSONAL LIABILITY FOR DAMAGES (REPEALED) (REPEALED) Authorizing statute(s): 80-8-105, MCA Implementing statute(s): 80-8-214, MCA History: NEW, 1979 MAR p. 437, Eff. 5/11/79; REP, 2025 MAR, 4-24-284, Eff. 1/25/25.

4.10.108 LICENSING PERIOD (REPEALED) (REPEALED) Authorizing statute(s): 80-8-105, MCA Implementing statute(s): 80-8-214, MCA History: NEW, 1979 MAR p. 437, Eff. 5/11/79; AMD, 2019 MAR p. 537, Eff. 5/11/19; REP, 2025 MAR, 4-24-284, Eff. 1/25/25.

4.10.1101 DEFINITION OF TERMS These definitions apply to all rules adopted under the Montana Pesticides Act, Title 80, chapter 8, MCA. "Appurtenances" means all valves, pumps, fittings, pipes, hoses, metering devices and mechanical devices which are connected to a pesticide stora…

4.10.1102 GENERAL SPILL CLEANUP, REPORTING, AND CONTAINMENT REQUIREMENTS All persons shall contain, confine and clean up spills of pesticides or pesticide mixtures. an immediate response to pesticide spills should be undertaken according to local emergency operations plans; and r…

4.10.1103 GENERAL REQUIREMENTS AT PERMANENT STORAGE FACILITIES 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. A person who operates a PSF prior to April 30, 2010, shall, within two years, b…

4.10.1104 PRIMARY CONTAINMENT STANDARDS FOR BULK PESTICIDES Formulated bulk pesticides in undivided quantities of more than 500 U.S. gallons or 4,500 pounds, stored for more than 14 consecutive days, shall be in primary containment meeting the following requirements: primary cont…

4.10.1105 SECONDARY CONTAINMENT AT PERMANENT STORAGE FACILITIES Any individual primary containment capable of storing more than 500 U.S. gallons or 4,500 pounds and in-service for more than 14 consecutive days and its associated appurtenances must be placed within secondary conta…

4.10.1106 OPERATIONAL ACTIVITIES FOR BULK PESTICIDES AT A PSF Operational activities must meet the following standards: if operational activities are conducted within secondary containment, the containment shall comply with ARM 4.10.1105 and must withstand the weight of any vehic…

4.10.1107 RECOVERY, USE OR DISPOSAL OF SPILLS, DEBRIS, PRECIPITATION AND WASH WATER AT A PERMANENT STORAGE FACILITY Precipitation or other liquids or debris shall not be allowed to accumulate in secondary containment to the point where required containment capacity is not maintai…

4.10.1108 SPILL RESPONSE PLAN A written emergency response plan shall be prepared for a PSF. The plan shall include, but not be limited to, the following elements: the names and telephone numbers of the persons and agencies who are to be contacted in the event of a spill. a mater…

4.10.1109 RECORDS, INSPECTION, AND MAINTENANCE RECOMMENDATIONS Any person operating a PSF shall maintain written records of all inspections and maintenance of the PSF for at least two years that include: the name of the person conducting the inspection or maintenance; date of the…

4.10.1201 GENERAL 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. Registrants of the collar, dealers selling the collar, and applicators using th…

4.10.1202 REGISTRATION Registration of the collars for sale or distribution in the state is limited to state and federal registrants only. The registrant may not sell, transfer, transport, give away, or entrust collars to any individual who is not properly licensed or permitted b…

4.10.1203 DEALER SALES 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 …

4.10.1204 APPLICATOR CLASSIFICATION AND REQUIREMENTS 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 traini…

4.10.1205 USE RESTRICTIONS OF COMPOUND 1080 LIVESTOCK PROTECTION COLLARS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1986 MAR p. 775, Eff. 5/16/86; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1206 SUPERVISION, INSPECTION OF 1080 LIVESTOCK PROTECTION COLLARS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1986 MAR p. 775, Eff. 5/16/86; AMD, 1991 MAR p. 194, Eff. 2/15/91; REP, 1996 MAR p. 545, …

4.10.1207 RECORDS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1986 MAR p. 775, Eff. 5/16/86; AMD, 1991 MAR p. 194, Eff. 2/15/91; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1208 VIOLATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1986 MAR p. 775, Eff. 5/16/86; REP, 1991 MAR p. 194, Eff. 2/15/91.

4.10.1401 GENERAL 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 populatio…

4.10.1402 REGISTRATION Registration of the M-44 cyanide capsules for sale or distribution in the state is limited to state and federal registrants only. Registrants must not sell, transfer, transport, give away, or entrust M-44 cyanide capsules to any individual who is not proper…

4.10.1403 M-44 CYANIDE CAPSULE DEALER SALES 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 …

4.10.1404 APPLICATOR CLASSIFICATIONS AND REQUIREMENTS 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 …

4.10.1405 USES OF CYANIDE CAPSULES AND M-44 EJECTOR (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, Eff. 7/5/76; AMD, 1991 MAR p. 195, Eff. 2/15/91; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1406 SUPERVISION, INSPECTION, AND REMOVAL OF CYANIDE CAPSULES AND M-44 DEVICES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-214 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, Eff. 7/5/76; AMD, 1991 MAR p. 195, Eff. 2/15/91; REP, 1996 MAR p. 545, Eff. …

4.10.1407 RECORDS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 and 80-8-306 MCA Implementing statute(s): Secs. 80-8-105 and 80-8-306 MCA History: NEW, Eff. 7/5/76; AMD, 1991 MAR p. 195, Eff. 2/15/91; REP, 1996 MAR p. 545, Eff. 2/23/96.