(1)  All persons shall contain, confine and clean up spills of pesticides or pesticide mixtures.

(a)  an immediate response to pesticide spills should be undertaken according to local emergency operations plans; and responsible persons can, where appropriate, contact the local emergency operations jurisdiction or the state 24-hour number for disaster and emergency services at (406)444-6911.

(2)  All persons shall report to the department within 48 hours spills occurring as a result of their use of pesticides or spills of pesticides in facilities or from equipment under the control of that person.

(a)  spills confined within secondary containment are exempt from the reporting requirement.

(b)  spills of pesticides not exceeding an aggregate amount of 5 U.S. gallons or 100 U.S. dry pounds are exempt from reporting. The aggregate amount includes formulated product, diluent and other additives.

(c)  the reporting requirements include, but are not limited to the following information:

(i)  the specific location of the pesticide spill, including legal description, landmark references or address. The location shall be described in terms that are adequate for the department or emergency responders to locate the spill;

(ii)  the manufacturer's name and complete trade name of the product or products spilled;

(iii)  the amount of pesticide spilled; and

(iv)  the name, address and telephone number of the person reporting the spill or the person who is the primary contact.

(3)  All pesticides or contaminated material recovered from a spill shall be placed in containers.

(a)  the container(s)  must have the following information on a label attached to the container:

(i)  date the material was recovered into the container(s)  ;

(ii)  the active ingredient(s)  , trade name, and formulation;

(iii)  environmental protection agency registration number for each product;

(iv)  signal word; and

(v)  name, address and telephone number of the responsible person.

(b)  contained materials must be stored, recycled, used or disposed of in accordance with label instructions, rinsing and disposing of pesticide containers as per ARM 4.10.801, and all state and federal disposal regulations.

(4)  All persons not subject to ARM 4.10.1103 through 4.10.1109, constructing a mixing and loading or containment facility may follow the bulk pesticide containment rules or the guidelines in the publication "Designing Facilities for Pesticide and Fertilizer," David W. Kammel, MidWest Service, or similar construction guidelines.

(5)  Persons using water to mix or load pesticides or to clean or rinse pesticide equipment or containers shall use a backflow prevention device or procedures, such as an air gap or check valve, to prevent contamination of all water sources. Any person using a public water supply must comply with ARM 17.38.301 and 17.38.305.

(6)  Any person that causes pesticide contamination of soil or water through faulty, careless or negligent mixing, loading, transferring, or storage of pesticides may be required by the department to construct containment for the control of pesticide spills. Implementation of this provision does not preclude the department from initiating other remedial or enforcement actions authorized by Title 80, chapter 8, MCA.

(7)  Persons, whether licensed or not, who use or sell pesticides are responsible for remediating spills caused during their use or sale of pesticides or caused by persons under their supervision or employment.

(8)  The department encourages all persons mixing, loading or transferring pesticides, and using or cleaning pesticide application equipment to have an emergency spill response plan as set forth in ARM 4.10.1108.

(9)  Upon the written request by a person, the Montana department of agriculture may approve a deviation from this rule if the deviation maintains the intent of the rule. This request shall describe the proposed deviation and reason for the deviation.

History: Sec. 80-8-105, MCA; IMP, Sec. 80-8-105, MCA; NEW, 1999 MAR p. 54, Eff. 1/15/99.