4.11.917    SIGNIFICANCE OF HARM

(1)  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 penalty.

(2)  For verification of significant harm the department will consider documented physical evidence and expert opinion from knowledgeable persons. Examples of such persons include pesticide specialists, physicians, toxicologists, biologists, water quality personnel, extension agents, university personnel, product technical representatives, and consultants and other personnel with documented qualifications.

(3)  The following are criteria that the department will consider in determining significant harm including but not limited to:

(a)  exposure to humans resulting in acute illness, chronic illness or death;

(b)  exposure to livestock or other domestic animals resulting in illness, death, or residues in the livestock or by-products that exceed tolerances or prevent marketing or consumption;

(c)  exposure to crops, ornamental plants or other plants being grown or cultivated that results in damage, destruction, reduction in yield or residues that exceed tolerances or prevent marketing or consumption;

(d)  impairment or degradation of ground water that results in adverse effects to any existing or future beneficial use; and

(e)  exposure and adverse impact on plants other than crops, animals other than livestock, soil, water or any other components of the environment.

History: Sec. 80-15-105, MCA; IMP, Sec. 80-15-412, MCA; NEW, 1990 MAR p. 2244, Eff. 12/28/90.