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4.10.1806    FEES

(1) Participants in the disposal program may be required to pay a fee commensurate with department program costs. The fee will be set by the director annually by June 30, and will not exceed $2 per pound.

(2) Participants who submit recyclable pesticide containers to the program may be required to pay a fee commensurate with department program costs for recycling. The fee will be set by the director annually by June 30, and will not exceed 50 cents per pound.

(3) Fees for pesticide disposal and plastic container recycling may exceed the fees set in (1) and (2) for pesticides or containers that have handling and/or disposal requirements resulting in costs exceeding the fees set under (1) and (2). The fee for these pesticides or containers will not exceed the cost of disposal or recycling.

(4) Participants who receive an exchangeable pesticide under ARM 4.10.1804(7) shall pay a fee of $5 for each container with a net content of less than or equal to one gallon or ten pounds and $10 for each container with a net content of greater than one gallon or ten pounds. Fees charged to participants who receive exchangeable pesticides can be lowered at the discretion of the department if the established fee is higher than the retail value of the exchangeable pesticide.

(5) Applicators licensed by the department shall be given a monetary credit if they are a participant in the disposal program. The credit must be used during the certification period for farm applicators or the licensing period for dealers, commercial applicators, commercial operators, and government applicators in which the fee is paid;

(a) farm applicators shall receive a one time credit of $15 during the farm applicator's certification period.

(b) commercial applicators shall receive an annual credit of $10 for each licensing period that the applicator is licensed. Commercial applicators shall receive an annual credit of $15 for the first two commercial operators operating under their license for each licensing period the operator is licensed. A credit of $5 shall be received for each additional commercial operator operating under the applicator's license for each licensing period the operator is licensed;

(c) government agencies shall receive an annual credit of $10 for each licensing period that each applicator is licensed for the first four licensed applicators. A credit of $10 shall be received for each additional applicator for each licensing period that the applicator is licensed. The total credit must not exceed $280; and

(d) dealers shall receive an annual credit of $10 for each licensing period that the dealer is licensed.

History: 80-8-105, MCA; IMP, 80-8-111, 80-8-112, MCA; NEW, 1994 MAR p. 1280, Eff. 5/13/94; AMD, 2000 MAR p. 182, Eff. 1/28/00; AMD, 2004 MAR p. 2546, Eff. 10/22/04; AMD, 2008 MAR p. 1800, Eff. 8/29/08.

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