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(1)  The department will consider several factors when determining the gravity of a violation as set forth in 80-15-412, MCA. These factors relate to provisions established by Title 80, chapters 8 or 10, or Title 80, chapter 15, MCA and rules adopted thereunder, agricultural chemical labeling, SMP requirements or similar requirements that regulate the use of agricultural chemicals. The factors set forth below are examples of requirements that may be used. They are neither inclusive nor necessarily additive in substance or number and not necessarily presented in order of importance.


(2)  A violation may be considered more grave when:

(a)  a restricted use pesticide defined by ARM 4.10.1501(90)  is involved versus a general use pesticide as defined by ARM 4.10.1501(50)  ;

(b)  a pesticide is involved that is more toxic than other available, effective registered pesticides;

(c)  agricultural chemical levels in ground water meet or exceed the standard, pursuant to 80-15-201, MCA;

(d)  the extent, and severity of the violation results in harm to health, environment, or agriculture crops, or livestock;

(e)  use is inconsistent with label directions and precautions or department rules;

(f)  the person's history of compliance illustrates continued noncompliance or disregard for compliance;

(g)  the violation results in impairment or degradation of ground or surface water;

(h)  a person uses an agricultural chemical which is not registered or labeled, or has been cancelled, suspended or banned by EPA or the department by statute, rule or order;

(i)  a person does not possess the proper pesticide license credential or permit to use or purchase a pesticide, or is not supervised as required by Title 80, chapter 8 or Title 80, chapter 15, MCA and rules adopted thereunder;

(j)  records are not maintained or are improperly maintained;

(k)  the person has knowledge of Title 80, chapter 15, MCA, and rules adopted thereunder or specific management plans which were violated.

History: Sec. 80-15-105, MCA; IMP, Sec. 80-15-412, MCA; NEW, 1990 MAR p. 2244, Eff. 12/28/90.

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