4.10.105 INCIDENT REPORTS AND RECORDS
(1) An applicator who through his own actions
or omissions, or the actions or omissions of his employees, causes or allows
any pesticide to escape onto or to be deposited onto the person, lands, or
property of another not the person hiring or contracting for his services,
shall be required to file a written report to the department within forty-eight
(48) hours of the incident, specifying the location of the incident, the name
of the pesticide involved, the type of formulation, the method of application,
the name and address of the person for whom the application was being made, and
the name and address of the person(s) whose land, person, or property was
subjected to the unintentional pesticide application. (In addition, if the
pesticide is classified as either extremely toxic or highly toxic to people or
animals, the applicator or operator shall immediately cease his application and
notify the landowner or operator whose land, person, or property was subjected
to unintentional pesticide application and the department, immediately, by the
quickest available means, after applying first aid or personal decontamination
(2) A complete record of all settled and pending
claims from the preceding licensing period must be filed when reapplying for an
applicator's license. The record shall indicate for each and every incident the
names of all parties involved, the location of the incident, the manufacturer
and the technical name of the pesticide involved, the type of formulation, the
method of application, the intended use, and the target or site, specifying the
animals, wildlife, plant and aquatic life, soil, or people subjected to the
unintentional pesticide application(s) .
settled claims, report the information required in (2) above, together with the
dollar amount of
economic loss and the final settlement agreement between all parties.
(a) Applicators failing to file the foregoing
reports, or falsifying them in any fashion, shall be subject to immediate
revocation of current licenses and/or shall not be issued a license until the
requirements of this section are fully satisfied.
History: Sec. 80-8-105 MCA; IMP, Sec. 80-8-214 MCA; NEW, 1979 MAR p. 437, Eff. 5/11/79.