Montana Administrative Code

4.10.1408 VIOLATIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 and 80-8-306 MCA Implementing statute(s): Secs. 80-8-105 and 80-8-306 MCA History: NEW, Eff. 7/5/76; REP, 1991 MAR p. 195, Eff. 2/14/91.

4.10.1501 DEFINITION OF TERMS These definitions apply to all regulations and rules adopted under the Montana Pesticides Act, Title 80, chapter 8, MCA, unless specified differently by statute or individual rules. "Accident" means an unexpected, undesirable event caused by the use …

4.10.1701 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): 80-7-1108 MCA History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1702 DEALER RECORDS AND SURCHARGE ASSESSMENT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): Sec. 80-7-1108 MCA History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1703 GRANT APPLICATION PROCEDURE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): Sec. 80-7-1108 MCA History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1704 GRANT APPLICATION CONTENT AND FEASIBILITY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): Sec. 80-7-1101 History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1705 LEGAL REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): Sec. 80-7-1101 MCA History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1706 PROJECT EVALUATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): Sec. 80-7-1101 MCA History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1707 REPORTING AND MONITORING PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): Sec. 80-7-1101 MCA History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 545, Eff. 2/23/96.

4.10.1708 APPLICABILITY DATE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-7-1108 MCA Implementing statute(s): Sec. 80-7-1108 History: NEW, 1987 MAR p. 880, Eff. 6/26/87; REP, 1996 MAR p. 667, Eff. 2/23/96.

4.10.1801 GENERAL The department may establish standards and procedures for administering a waste pesticide and pesticide container collection, disposal and recycling program. The purpose and intent of these rules is to: reduce the amount of stored waste pesticides and empty pest…

4.10.1802 DEFINITIONS "Acceptable pesticide" means a pesticide approved by the department for the disposal program. An acceptable pesticide shall also mean an empty pesticide container that contained an acceptable pesticide. "Contractor" means an entity or entities contracted by …

4.10.1803 WASTE PESTICIDE DISPOSAL PROGRAM Disposal program contractors must: register as a hazardous waste generator with the Montana Department of Environmental Quality (DEQ) and possess a hazardous waste identification number issued by DEQ. DEQ registration and a hazardous was…

4.10.1804 PESTICIDE DISPOSAL AND CONTAINER RECYCLING PROGRAM OPERATION The department or its designated agent may conduct outreach and educational activities to inform the public about the functions of the disposal program. Outreach activities may be conducted in cooperation with…

4.10.1805 DISPOSAL PROGRAM COLLECTION PRIORITIES The department may set priorities for the type and amount of acceptable pesticides collected under the disposal program. Criteria for setting the type and amount of acceptable pesticide collected may include but are not limited to:…

4.10.1806 FEES Participants in the disposal program may be required to pay a fee commensurate with department program costs. The fee will be set by the director annually by June 30, and will not exceed $2 per pound. Participants who submit recyclable pesticide containers to the p…

4.10.1807 LIABILITY The department in the operation of the disposal program does not assume ownership of any pesticide products or pesticide containers accepted under the disposal program nor does the department accept liability for disposal. The contractor assumes ownership of a…

4.10.1808 TERMINATION OF RULES (IS HEREBY REPEALED) Authorizing statute(s): 80-8-105, MCA Implementing statute(s): 80-8-111, 80-8-112, MCA History: NEW, 1994 MAR p. 1280, Eff. 5/13/94; REP, 2000 MAR p. 1498, Eff. 6/16/00.

4.10.201 PESTICIDE APPLICATOR LICENSING REQUIREMENTS An individual who by contract or for hire uses or applies pesticides not under the special supervision of a licensed applicator is required to become a licensed commercial pesticide applicator, except as provided for in these r…

4.10.202 CLASSIFICATION OF PESTICIDE APPLICATORS All applicants applying for a pesticide applicator's license required by 80-8-203 and 80-8-213, MCA, or desiring certification, shall be classified as either a commercial pesticide applicator, public utility applicator, government …

4.10.203 COMPETENCY STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS An individual applying for a commercial, public utility, governmental, or noncommercial applicator's license shall be required to pass a written examination prior to issuance of a license. All of the exam st…

4.10.204 GENERAL STANDARDS OF COMPETENCY FOR ALL APPLICATORS All commercial, public utility, and government applicators shall demonstrate by written examination and, as appropriate, performance testing, practical knowledge of the principles and practices of pest control and safe …

4.10.205 SPECIFIC STANDARDS OF COMPETENCY FOR EACH APPLICATOR CLASSIFICATION Certified commercial, public utility, government, and noncommercial pesticide applicators shall be examined and qualified with respect to the following practical knowledge standards: Agricultural plant p…

4.10.206 INDIVIDUALS REQUIRING A PESTICIDE OPERATOR'S LICENSE Employees of certified applicators under certain conditions of use for general and restricted-use pesticides shall be required to become licensed pesticide operators. The appropriate provisions of 40 CFR 171.201 shall …

4.10.207 APPLICATOR RECORDS Commercial, public utility, government, noncommercial applicators and their operators must keep and maintain application records for two years. Every application record performed either by an applicator or operator must include: The name and the certif…

4.10.208 INCONSISTENT USE No person shall, use or recommend use of a pesticide in a manner inconsistent with the registered labeling, or with the agency or department restrictions that have been placed on the use of that pesticide. Authorizing statute(s): Sec. 80-8-105 MCA Implem…

4.10.209 NOTIFICATION BY APPLICATORS Applicators applying environmental protection agency restricted pesticides shall notify the owner, lessee or manager of the property of all precautions and restrictions prior to application of the restricted pesticide. The applicator, if reque…

4.10.210 PESTICIDE CERTIFICATION AND TRAINING - FEES All fees for services are payable upon purchase or on receipt of a billing statement. The department may assess a collection fee of 18% annual percentage rate, or assess a minimum fee of $25, whichever is greater, for any payme…

4.10.301 SALE OR USE OF AQUATIC HERBICIDES PROHIBITED-- EXCEPTION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262; Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.302 SALE OF AQUATIC HERBICIDES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262, Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.303 USE OF AQUATIC HERBICIDES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262; Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.304 APPLICATION FOR PERMIT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262; Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.305 APPLICATOR RECORDS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262; Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.306 APPLICATOR INCIDENT REPORT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262; Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.307 AQUATIC PESTICIDE TRAINING CREDENTIAL (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262, Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.308 PERSONAL LIABILITY FOR DAMAGES (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 MCA, 80-8-214 MCA Implementing statute(s): Sec. 80-8-105 MCA, 80-8-214 MCA History: NEW, 1980 MAR p. 1262, Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.309 VIOLATIONS (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 MCA, 80-8-211 MCA, 80-8-306 MCA Implementing statute(s): Secs. 80-8-105 MCA, 80-8-211 MCA History: 80-8-306 MCA; NEW, 1980 MAR p. 1262, Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.310 EXPIRATION DATE OF RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-8-105 MCA Implementing statute(s): Sec. 80-8-105 MCA History: NEW, 1980 MAR p. 1262, Eff. 4/25/80; REP, 1982 MAR p. 1847, Eff. 10/15/82.

4.10.311 DESIGNATION OF RESTRICTED-USE AQUATIC HERBICIDES The sale and use of aquatic herbicides that contain one or more of the following active ingredients intended for remission of aquatic vegetation, must be designated as restricted-use: xylene, acrolein. Authorizing statute(…

4.10.312 SALE OF RESTRICTED-USE AQUATIC HERBICIDES Only licensed pesticide dealers may sell a registered, restricted-use aquatic herbicide and only under the following conditions: Sale or distribution can only be made to a certified applicator who holds an aquatic pest control li…

4.10.313 USE OF RESTRICTED-USE AQUATIC HERBICIDES Only persons certified and holding an aquatic pest control applicator license or permit issued by the department may purchase, or use a restricted-use aquatic herbicide. To initially qualify, a person shall pass a department aquat…

4.10.314 APPLICATION OF RESTRICTED-USE AQUATIC HERBICIDES All certified licensed or permitted aquatic pest control applicators who plan to apply a restricted-use aquatic herbicide shall: Submit for approval a preseason aquatic vegetation management plan to the department by at le…

4.10.315 APPLICATOR RECORDS All applicators, including private farm applicators, must maintain and submit, upon request by the department, a record of each restricted-use aquatic herbicide application. These records shall include: name of the applicator and/or operator; name of t…

4.10.316 APPLICATOR INCIDENT REPORT Any person who, through their own actions or omissions or the actions or omissions of persons under their direction or control, causes or allows any restricted-use aquatic herbicide to escape into or be deposited into any public waters or priva…

4.10.317 PERSONAL LIABILITY FOR DAMAGES Nothing in these rules shall be construed to relieve any person, including landowner or applicator, from liability for damage to the person, lands, water, or other property of another, including the state of Montana, caused by the use of aq…

4.10.318 VIOLATION (IS HEREBY REPEALED) Authorizing statute(s): Secs. 80-8-105 MCA Implementing statute(s): Secs. 80-8-105 MCA, 80-8-211 MCA, 80-8-306 MCA History: NEW, 1982 MAR p. 560, Eff. 3/26/82; REP, 1986 MAR p. 1007, Eff. 6/13/86.

4.10.401 PRIVATE FARM APPLICATOR CERTIFICATION A private farm applicator desiring to use restricted use pesticides is required to apply for a special use permit or certificate on a form approved by the department. Each application form must be completed in its entirety prior to p…

4.10.402 EMERGENCY PEST PROBLEMS (IS HEREBY REPEALED) Authorizing statute(s): 80-8-105, MCA Implementing statute(s): 80-8-105, 80-8-209, MCA History: NEW, Eff. 7/5/76; REP, 1986 MAR p. 1007, Eff. 6/13/86.

4.10.403 CREDENTIALS Certified private farm applicators may request the department to issue credentials for two members of their immediate family or employees allowing them to purchase and use restricted use pesticides under the applicator's permit and supervision. Individuals re…

4.10.404 IMPROPER PURCHASE OR USE No private farm applicator, family member, or employee may use or recommend use of a pesticide in a manner inconsistent with registered labeling, or with any agency or department restrictions that have been placed on the use of that pesticide. No…