Montana Administrative Code

4.11.1202 DEFINITIONS (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-217, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.1203 GEOGRAPHICAL AREA (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-212, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.1204 AGRICULTURAL CHEMICAL (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-212, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.1205 IMAZAMETHABENZ METHYL STANDARD (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-201, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.1206 CONTENTS (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-214, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.1207 PUBLIC NOTIFICATION (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-215, 80-15-218, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.1208 RECORD KEEPING (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-214, 80-15-217, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.1209 EVALUATION (REPEALED) Authorizing statute(s): 80-15-217, MCA Implementing statute(s): 80-15-217, MCA History: NEW, 2001 MAR p. 1086, Eff. 6/22/01; REP, 2006 MAR p. 2109, Eff. 9/8/06.

4.11.201 GENERAL MANAGEMENT PLAN The department, when developing or modifying the GMP, will include the requirements of 80-15-211 and 80-15-213 , MCA and many of the program elements for a SMP in 80-15-214 , MCA. The intent of the GMP is to protect ground water and the environmen…

4.11.202 GENERAL BEST MANAGEMENT PRACTICES The department in consultation with the Montana State University Extension Service (MSUES) will write and incorporate directly or by reference best management practices and plans (BMP's) into the GMP. These BMPs will provide recommendati…

4.11.203 GMP PUBLIC PARTICIPATION The department will follow the procedures set forth in this rule when developing or modifying the GMP. The department will: prepare an outline of the GMP for use at public meetings; sponsor interagency and public meetings; consult with local, sta…

4.11.204 GMP EDUCATION The department in cooperation with the MSUES will conduct educational programs to inform agricultural chemical users and other persons on the provisions of the GMP. The educational program may also include the use of written and audio-visual materials on pa…

4.11.205 GMP EVALUATIONS The department will periodically evaluate the contents of the GMP with knowledgeable research and technical persons to determine if the plan is meeting the objectives of Title 80, chapter 15, MCA. The department in cooperation with research and technical …

4.11.301 SPECIFIC MANAGEMENT PLAN The department will develop a SMP when any of the criteria in 80-15-212 (1) MCA, are met. All SMPs must be adopted as administrative rules. A compliance or emergency order issued under 80-15-403 , MCA may be adopted as a SMP. Authorizing statute(…

4.11.302 SMP CONTENT SMPs will incorporate provisions set forth under 80-15-214 (1) , MCA. The department will consider incorporation of appropriate elements and provisions set forth in 80-15-214 (2) , MCA in the SMP that are necessary to achieve the requirements of 80-15-214 (1)…

4.11.303 BMP'S FOR SMP The department in consultation with MSUES may incorporate BMP's into every SMP. The BMP's may address agricultural chemical use, use of alternative agricultural chemicals, integrated pest management techniques, alternative agricultural practices and methods…

4.11.304 SMP - PUBLIC PARTICIPATION The department will follow the procedures set forth in this rule when developing a SMP. The department, in the following order will: prepare an outline for the SMP for use at public meetings, which will include a description of the facts and ci…

4.11.305 SMP EDUCATION The department in cooperation with the MSUES and other persons will educate agricultural chemical users and other persons within the SMZ on the provisions of the SMP. The educational program may include the use of written and audio-visual materials on parti…

4.11.306 SMP EVALUATIONS The department will periodically evaluate the content of the SMP with knowledgeable research and technical persons to determine whether the program is meeting the objectives of Title 80, chapter 15, MCA. The department in cooperation with research, techni…

4.11.307 PRIORITIZING PREPARATION OF SMP'S The department shall use any or all of the following criteria for prioritizing the preparation or revision of SMP's in situations when several SMP's are required, based on 80-15-212 (1) , MCA and when available resources limit the depart…

4.11.401 GMP OR SMP ADVISORY COMMITTEES The department may establish advisory committees to assist in the development, implementation or evaluation of general and specific management plans. Authorizing statute(s): Sec. 80-15-105, MCA Implementing statute(s): Sec. 80-15-212 and 80…

4.11.402 DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES REVIEW AND COMMENT The department will provide a completed draft GMP and drafts of SMP's or modifications to such plans to the department of health and environmental sciences (DHES) for review and comment, as required by 80…

4.11.403 SOURCES OF INFORMATION The department in developing the GMP or SMP's may utilize the sources of information, personnel, publications, and research listed in this rule along with any other sources the department deems appropriate. The sources include: environmental protec…

4.11.601 MONITORING The department shall perform both statewide monitoring and specific management plan monitoring as required by 80-15-202 , MCA for the presence of agricultural chemical residues. The department may monitor media including: soil, air, plants, water, animals, and…

4.11.602 SELECTION OF MONITORING SITES Factors that may be used in establishing priority for selection of sampling sites include, but are not limited to: local cropping practices; agricultural chemical use patterns; soil characteristics; depth to water table; ground water usage: …

4.11.603 SAMPLE COLLECTION AND ANALYSIS Sample collection and analysis performed for monitoring and investigation shall follow the department QA/QC requirements. A test result submitted to the department or the DHES must be accompanied by QA/QC field and laboratory procedures if …

4.11.604 POINT OF STANDARDS APPLICATION TEST RESULTS The department will review and evaluate all official ground water test results. Official ground water test results will be classified as either: negative detection; positive detection below the adopted standard; positive detect…

4.11.605 DEVELOPMENT AND MAINTENANCE OF GROUND WATER QUALITY DATABASE The department will develop and maintain a database consisting of information and data compiled from previous and current ground water monitoring. This information may be summarized annually and made available,…

4.11.901 ENSURE COMPLIANCE The department will ensure compliance with Title 80, chapter 15, MCA, the GMP and SMPs utilizing the procedures and activities set forth in ARM 4.11.902 through 4.11.904. Authorizing statute(s): Sec. 80-15-105, MCA Implementing statute(s): Sec. 80-15-10…

4.11.902 COMPLIANCE INSPECTIONS The department will conduct inspections of agricultural chemical facilities and users to determine compliance with Title 80, chapter 15, MCA. Special inspections, investigations or monitoring may be conducted: when misuse of an agricultural chemica…

4.11.903 COMPLIANCE EVALUATIONS The department will evaluate the requirements of compliance orders, emergency orders, enforcement actions, and SMPs in terms of: compliance dates; compliance with special agricultural chemical use and record keeping requirements; removal or treatme…

4.11.904 GMP AND SMP EVALUATIONS The department will evaluate the GMP and established SMPs according to procedures in ARM 4.11.205 and 4.11.306. Authorizing statute(s): Sec. 80-15-105, MCA Implementing statute(s): Sec. 80-15-217, MCA History: NEW, 1990 MAR p. 2244, Eff. 12/28/90.…

4.11.905 COORDINATING PROPOSED ORDERS The department will coordinate the issuance of compliance orders and emergency orders with the DHES. The department will determine if DHES is proposing orders under 75-5-613, MCA on the same issue as the department is proposing orders under T…

4.11.906 DETERMINING SIGNIFICANT PROBABILITY For purposes of determining significant probability the department will obtain information during investigations or monitoring of agricultural chemical use, chemical spills, dumps, or misuse. Examples of information that will be consid…

4.11.907 CONTENTS OF ORDERS Each compliance or emergency order issued by the department will contain: the name of the person or persons to whom the order will be served; the authority of the department for issuing the order; a description of the actions that constitute the allege…

4.11.908 CORRECTIVE ACTIONS In issuing a compliance or emergency order the department may require the following actions: monitoring to determine residue levels, trends and movement of agricultural chemicals in ground water, soils or other materials; characterization of ground wat…

4.11.909 DURATION OF MONITORING Monitoring required under a compliance or emergency order shall consist of sampling and chemical analyses conducted using department approved procedures and methods: Required ground water monitoring shall continue until residues in ground water are…

4.11.910 PROCEDURES FOR ISSUING COMPLIANCE AND EMERGENCY ORDERS All orders will be issued following the requirements of Title 2, chapter 4, part 6, MCA. Authorizing statute(s): Sec. 80-15-105, MCA Implementing statute(s): Sec. 80-15-403 and 80-15-405, MCA History: NEW, 1990 MAR p…

4.11.911 ENFORCEMENT Whenever the department has reason to believe that a violation of Title 80, chapter 15, MCA, or any adopted rule thereunder has occurred and the department finds it is in the public interest to assess an administrative civil penalty, it may initiate a civil p…

4.11.912 ABILITY TO STAY IN BUSINESS Where a determination of the appropriate amount of the penalty must be made under 80-15-412, MCA, the "effect on the person's ability to stay in business" will not be considered, until such time and to the extent the charged person places bona…

4.11.913 OTHER PENALTIES 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 Title 80, chapter 8, MCA, or rules adopted thereunder, or violations o…

4.11.914 PENALTY DETERMINATION Each violation of Title 80, chapter 15, MCA, or rules adopted thereunder is considered a separate offense. As stated in 80-15-412, MCA each offense is subject to a separate penalty not to exceed $1,000, with the exception of farm applicators possess…

4.11.915 GRAVITY OF VIOLATIONS The department will consider several factors when determining the gravity of a violation as set forth in 80-15-412, MCA. These factors relate to provisions established by Title 80, chapters 8 or 10, or Title 80, chapter 15, MCA and rules adopted the…

4.11.916 DEGREE OF CARE In determining the applicability of the degree of care, the following standards will apply: Negligence means a failure to exercise reasonable care; Reasonable care means that degree of care demonstrated with a knowledge of the nature and probable consequen…

4.11.917 SIGNIFICANCE OF HARM The department will attempt to determine and verify significant harm resulting from any violation. The type and amount of verified significant harm will be considered in determination of civil penalty amounts and may mitigate or enhance the civil pen…

4.12.1001 APPOINTMENT OF STORAGE SPACE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1002 WAREHOUSE RECEIPTS TO BE ISSUED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1003 WRITTEN TERMS, GRAIN WAREHOUSE RECEIPTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; AMD, Eff. 7/4/77; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1004 GRAIN WAREHOUSE RECEIPT FORM (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.

4.12.1005 RECEIPTS ISSUED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 80-4-224 MCA Implementing statute(s): 80-4-224 MCA History: NEW, Eff. 5/6/76; REP, 1986 MAR p. 1178, Eff. 7/18/86.