(1) All certified licensed or permitted aquatic pest control applicators who plan to apply a restricted-use aquatic herbicide shall:

(a) Submit for approval a preseason aquatic vegetation management plan to the department by at least two (2) weeks prior to the first aquatic herbicide application. No applicator shall apply a restricted-use aquatic herbicide without management plan approval by the department. Management plan forms are available upon request from the department. The management plan must contain:

(i) a legible map of the ditch (preferably drawn on a USGS 7.5' topographic map or other appropriately detailed base map) area showing the location of:

(A) all ditch or canal segments, or other surface waters to be treated;

(B) all structures (flumes, siphons, wiers, waste gates, etc.) along treated segments;

(C) all state waters within the general area which treated waters parallel, cross or could potentially contaminate;

(D) all herbicide application points;

(E) all areas where treated water will be discharged;

(ii) application date(s) ;

(iii) herbicide to be used;

(iv) amount and rate of herbicide to be used;

(v) application techniques, and

(vi) weed(s) to be controlled.

(b) Maintain and update the plan as changes or modifications occur that differ from the original management plan submitted to the department. This management plan will remain on file at the department.

(c) If no changes in the management plan are anticipated, the applicator must still notify the department in writing of their intent to treat. This written notification will serve as that year's plan. A letter of approval from the department will still be required before the application may proceed.

(d) Allow an inspection of the treatment area by the department or its authorized agents prior to approval of the plan and application by the applicator. The department will notify the applicant of its decision for approval once any required inspections are completed. If the applicant desires an inspection of the treatment area, advance notice to the department of at least one (1) week is recommended.

(e) Consult the Montana department of fish, wildlife and parks prior to applying a restricted-use aquatic herbicide.

History: Sec. 80-8-105, MCA; IMP, Sec. 80-8-105 MCA; NEW, 1982 MAR p. 560, Eff. 3/26/82; AMD, 1986 MAR p. 1007, Eff. 6/13/86; AMD, 1991 MAR p. 354, Eff. 3/29/91.