4.10.1010    NONCOMPLIANCE WITH PESTICIDE GROUND WATER AND ENVIRONMENTAL PROTECTION AGENCY ENDANGERED SPECIES STANDARDS AND LABELING

(1)  The following are considered violations:

(a)  failure to comply with label or labeling directions relating to ground water or endangered species requirements including requirements in bulletins referenced by labels;

(b)  failure to comply with administrative rules requiring containment, spill reporting, spill cleanup, or emergency response plans; or

(c)  failure to comply with ground water specific management plans adopted as administrative rules pursuant to Title 80, chapter 15, MCA.

(2)  For the purpose of determining civil penalties, any such violations shall constitute misuse. If a misuse violation results in proven exposure of humans, agricultural commodities, or livestock, or proven harm to human health, agricultural commodities, livestock, or the environment, the amount of a civil penalty may be determined by using the penalty matrix established for 80-8-306(5)  (e)  (i)  , MCA. Other violations will be subject to civil penalties established in ARM 4.10.1005(4)  (i)  of the civil penalty matrix.

History: Sec. 80-8-105, MCA; IMP, Sec. 80-8-306, MCA; NEW, 1999 MAR p. 404, Eff. 3/12/99.