80-15-406. through 80-15-410 reserved
80-15-406 through 80-15-410 reserved.
80-15-411. Violators subject to penalties
80-15-411. Violators subject to penalties. (1) A person found to be in violation of this chapter or a rule established pursuant to this chapter is subject to the penalty provisions of 80-15-412 through 80-15-414. (2) For the purpose of this section, the term “person” means, in addition to the definition in 80-15-102, any responsible corporate officer. (3) Nothing […]
80-15-412. Administrative civil penalty
80-15-412. Administrative civil penalty. (1) A person who commits a violation of this chapter may be assessed an administrative civil penalty by the department of not more than $1,000 for each offense. Farm applicators possessing a pesticide permit or using a fertilizer may not be assessed an administrative civil penalty of more than $500 for the […]
80-15-413. Judicial civil penalty
80-15-413. Judicial civil penalty. A person who commits a violation as specified in 80-15-402 shall be subject to a judicial civil penalty not to exceed $10,000. Each occurrence constitutes a separate violation. History: En. Sec. 23, Ch. 668, L. 1989.
80-15-414. Criminal penalties
80-15-414. Criminal penalties. (1) A person who intentionally commits a violation as specified in 80-15-402 is guilty of an offense and subject to a fine not to exceed $25,000 for each day the violation continues or imprisonment for not more than 1 year, or both. Following an initial conviction under this section, a subsequent conviction subjects […]
80-15-403. Compliance orders
80-15-403. Compliance orders. (1) In furtherance of 80-15-402, the department may issue a compliance order to a person who violates a standard, an interim numerical standard, or any other requirement established pursuant to this chapter. The department shall coordinate its proposed actions pursuant to this section with proposed actions of the department of environmental quality pursuant […]
80-15-404. Injunctions authorized
80-15-404. Injunctions authorized. The department may commence a civil action seeking appropriate relief, including a permanent or temporary injunction pursuant to 80-8-306 or 80-10-303, as applicable, for a violation that is subject to a compliance order under 80-15-403. History: En. Sec. 19, Ch. 668, L. 1989.
80-15-405. Emergencies
80-15-405. Emergencies. Notwithstanding any other provisions of this chapter, if the department finds that an emergency exists that requires immediate action to protect ground water from agricultural chemicals or to prevent use of ground water impaired or likely to be impaired by agricultural chemicals, the department may, without notice or hearing, issue necessary orders or adopt […]
80-15-214. Contents of specific agricultural chemical ground water management plan
80-15-214. Contents of specific agricultural chemical ground water management plan. (1) A specific agricultural chemical ground water management plan must include: (a) requirements to prevent ground water impairment that are based on ground water use, value, and vulnerability and that address all applicable aspects of agricultural chemical use; and (b) requirements to prevent or minimize further presence of […]
80-15-215. Benefits of appropriate agricultural chemical use to be considered
80-15-215. Benefits of appropriate agricultural chemical use to be considered. (1) When developing and implementing a specific agricultural chemical ground water management plan, the department shall consider the benefits of appropriate use of the agricultural chemical and shall consult with the Montana state university-Bozeman extension service. (2) Within available resources, the department shall contact users of an […]