ARM 4.10.1005. PENALTY DETERMINATION

(1) Each violation of the Montana Pesticides Act and/or rules adopted thereunder is considered a separate offense. Each offense is subject to a separate penalty not to exceed $2,500, with the exception of private farm applicators whose penalty cannot exceed $500 for the first offense. (2) The penalty matrixes in this rule establish the penalty for each offense that is a major violation or reoccurrence of a major violation. The values in parentheses establish the penalty for private farm applicators possessing a permit. The gravity of the violation, the degree of care exercised, and the degree of harm to health, environment, agricultural commodities, or livestock may decrease or increase the penalties listed below. The department shall have the option to select the most appropriate penalty and penalty value for each violation. (3) Where a penalty is assessed for reoccurrence of a violation within two years of the first violation, the two year period will start on the date that the preceding violation occurred. All appeals procedures and rights to contest and a final order concluding the violation must be completed for the preceding violation(s). (4) Penalties are assessed according to the following penalty matrix: (a) misuse resulting in proven exposure or proven harm to: Violation 1st Offense 2nd Offense 3rd and Subsequent Offense Humans or human health Proven exposure Illness Chronic illness or death $ 500 (100) 1,000 (200) 2,500 (500) $1,000 2,500 2,500 $2,500 2,500 2,500 Agricultural commodities Proven exposure Reduced yield or price Damage or residues that prevent marketing Destruction $ 250 (50) 750 (150) 1,000 (200) 2,000 (400) $ 500 1,500 2,000 2,500 $1,000 2,000 2,500 2,500 Livestock Proven exposure Illness or residues that prevent marketing of livestock or by-products Death $ 250 (50) 1,000 (200) 2,500 (500) $ 500 2,000 2,500 $1,000 2,500 2,500 (b) misuse resulting in proven harm to environment: Surface or ground water Poisoning or harm to aquatic plants or animals $ 500 (100) $1,000 $2,500 Domestic, livestock, or irrigation purposes or other beneficial uses affected 1,000 (200) 2,000 2,500 Residues equal or exceed state or federal standards 1,000 (200) 2,500 2,500 Soil Residues that prevent growth of plants 500 (100) 1,000 2,500 Structure or biota adversely affected 500 (100) 1,000 2,000 Animals Illness or harm 500 (100) 1,000 2,500 Death 1,000 (200) 2,000 2,500 Residues that prevent or restrict consumption by humans 1,000 (200) 2,000 2,500 Plants other than agricultural commodities Damaged, normal the following season 500 (100) 1,500 2,500 Damaged, abnormal the following season 1,000 (200) 2,000 2,500 Destroyed 2,000 (400) 2,500 2,500 Air Contaminated at or above state or federal health standards 1,000 (200) 2,500 2,500 (c) sale of a restricted pesticide to a person not certified or authorized to purchase restricted pesticides: Sale of a restricted $1,000 (100) $1,500 $2,500 pesticide to a person not certified or authorized to purchase restricted pesticides (d) use or sale of an unregistered pesticide: General $1,000 (200) $2,000 $2,500 Restricted 1,500 (300) 2,500 2,500 Canceled or suspended 1,500 (300) 2,500 2,500 (e) failure to maintain any individual pesticide application and sales records: General use pesticides $250 (50) $500 $1,000 Restricted use pesticides 500 (100) 750 1,500 (f) use of a pesticide without having obtained the required license or permit: Commercial, government, public utility or non-commercial applicators or operators or private farm applicators General $ 500 $1,500 $2,500 Restricted 1,000 2,000 2,500 Permitted private farm applicator restricted 250 1,000 2,000 (g) sale of a pesticide without having obtained the required license: General $ 500 (100) $1,500 $2,500 Restricted 1,000 (200) 2,000 2,500 (h) noncompliance with pesticide worker protection standards and labeling: Misuse violations not causing proven exposure of humans, agricultural commodities or livestock; or proven harm to human health, commodities, livestock or the environment $ 250 (50) $500 $1,000 Retaliation by an employer against workers or handlers 1,000 (200) 1,500 2,500 Failure to provide emergency assistance 1,500 (300) 2,000 2,500 Sale of a misbranded pesticide not having the required worker protection label language 500 (100) 1,500 2,500 (i) noncompliance with pesticide ground water and environmental protection agency endangered species standards and labeling: Misuse violations not causing proven exposure of humans, agricultural commodities or livestock; or proven harm to human health, commodities, livestock or the environment $250 (50) $500 $1,000 (j) noncompliance with pesticide or pesticide container disposal, labeling or handling requirements and standards: Misuse violations not causing proven exposure of humans, agricultural commodities or livestock; or proven harm to human health, commodities, livestock or the environment $250 (50) $500 $1,000 Sale of a misbranded pesticide 500 (100) 1,500 2,500 (k) reoccurrence of any identical violation of this chapter (Title 80, chapter 8, MCA) within two years of the first violation excluding the major violations set forth above: Type of Reoccurrence 1st Reoccurrence 2nd Reoccurrence 3rd Reoccurrence Violations dealing with permits, licenses and/or reports $ 500 $1,000 $2,500 Violations dealing with general use pesticides 500 1,000 2,500 Violations dealing with restricted use pesticides 1,000 2,000 2,500 All other violations 500 1,000 2,500