4.11.101    DEFINITIONS

These definitions apply to all rules adopted under the Montana Agricultural Chemical Ground Water Protection Act Title 80, chapter 15, MCA.

(1)  "Affected person" means any person that is required to comply with a SMP or other requirements of Title 80, chapter 15, MCA, that is or potentially may be adversely affected by the impairment or degradation of ground water; or for which an agricultural chemical has been detected in their well.

(2)  "Confidential business information" herein referred to as "CBI" is data or information submitted or provided under authority of Title 80, chapter 15, MCA in any form to the department, by the environmental protection agency (EPA)  , agricultural chemical registrants, licensed or permitted pesticide dealers, retailers and applicators, fertilizer manufacturers or distributors or any person. CBI agricultural chemical data or information may include; confidential statements of the complete agricultural chemical formula, agricultural chemical registration data or information and information concerning the sales, production or use of pesticides or fertilizers.

(3)  "Degradation" means the presence of an agricultural chemical in ground water at a concentration that meets or exceeds the standard as defined in 80-15-102(2)  , MCA.

(4)  "Environment" includes water, air, land, plants, and humans and other animals living therein and the interrelationships which exist among these.

(5)  "General agricultural chemical ground water management plan" means a written state-wide plan, herein referred to as "GMP", which describes the general environmental conditions of the state, ground water resources, common agricultural chemical uses and their properties, agriculture cropping and livestock practices, regions vulnerable or potentially vulnerable to ground water impairment or degradation by agricultural chemicals, best management plans and practices, educational programs and other general program elements set forth in Title 80, chapter 15, MCA.

(6)  "Good faith effort" means a substantiated or measurable attempt to comply with the provisions of Title 80, chapter 15, MCA and the rules adopted thereunder or any specific agricultural chemical ground water management plan.

(7)  "Impairment" means the presence of an agricultural chemical in ground water or increase in its concentration in ground water for which its present and future beneficial use may be affected and which is contrary to 80-15-103, MCA.

(8)  "Official test result" means a test result which is obtained following the department approved quality assurance

and quality control (QA/QC)  field and laboratory procedures.

(9)  "Significant harm" means: having a measurable or verified observation of adverse effects on public health, the environment, agricultural crops or livestock; the verified presence of an agricultural chemical which meets or exceeds the standard and the definitions set forth in ARM 4.10.1501 (7)  , (21)  , (67)  , (71)  , (98)  and (100)  .

(10)  "Significant probability" means the likelihood based on the most recent valid scientific or technical information and/or documented evidence, that an agricultural chemical could enter ground water.

(11)  "Specific agricultural chemical ground water management plan", herein referred to as "SMP", means rules adopted for the purpose of preventing or reducing the potential or incidence of ground water impairment or degradation from an agricultural chemical or chemicals within a specific management zone which may include the provisions of 80-15-214(2)  , MCA.

(12)  "Specific management zone", herein referred to as a "SMZ" means an area, region or localized site, the boundaries of which are defined by the department based on the best available hydrogeologic data in a SMP.

(13)  "Unofficial test result" means a test result which does not meet department approved quality assurance and quality control (QA/QC)  field and laboratory procedures.

(14)  "Vulnerable" or "Vulnerability" means the factors that determine the potential for or actual impairment or degradation of an aquifer or ground water. These factors include, but are not limited to; depth to a confined or unconfined aquifer, soil type, clay and organic matter content, texture, structure, porosity, moisture, local climatic conditions and irrigation practices, ground water recharge rates, well construction, and other factors that determine the fate and transportation of agricultural chemicals in ground water.

History: Sec. 80-15-105, MCA; IMP, Sec. 80-15-105, MCA; NEW, 1990 MAR p. 2244, Eff. 12/28/90.