(1) A person subject to a civil penalty or
charged with a violation may submit a written application to conduct remedial
action ( 80-8-306(3) , MCA) in lieu of all or part of a civil
penalty. The department will consider remedial actions that exceed the
requirements of statute, rules or orders and that:
(a) correct harm caused by pesticides to human
health, agricultural commodities, livestock, or the environment;
(b) prevent the occurrence of harm; and
(c) benefit the public.
(2) The department will consider applications
upon receipt of a written application or plan that describes in detail the
remedial action, procedures, costs, the benefits of the remedial action,
responsible persons, dates and schedules.
(3) The department may require that the persons
submit written confirmation upon satisfactory completion of the action.
(4) Upon demonstration by the charged person
that remedial actions are completed as approved by the department, the civil
penalty or a portion thereof may be dismissed.