Pesticide Enforcement
The Montana Department of Agriculture enforces the Montana Pesticide Act. The control of pesticides and their use is essential for the protection of people and the environment. Pesticides are currently considered valuable and necessary to provide sufficient quantity of quality foods and for the protection of humans from vector borne diseases. However, the protection of man and his essential needs - water, air, food, animals, vegetation, pollinating insects, and shelter from pesticides which are potentially dangerous - is in the public interest now and in the future. Therefore, it is deemed necessary to provide for the control of pesticides.
Routine Inspections/Investigations
It is the policy of the Department of Agriculture that all licensed pesticide
applicators and pesticide dealers in the state of Montana should be routinely
inspected on a 4 to 6 year basis and as deemed necessary to assure compliance
with the law and its rules and regulations.
Department field staff, upon reasonable cause, may enter private and public premises and property with a warrant or consent of the owner to inspect or investigate at reasonable times the following:
-
Equipment used for applying pesticides;
- Actual or reported adverse effects caused by pesticides to humans, crops, animals, land, or other property.
- Records on the selling or use of pesticides and the person's inventory of pesticides.
- Handling, use, application, storage, and disposal of pesticides by any person.
- Pesticides being applied or to be applied and to sample the pesticides or agricultural commodities.
- The use and application of a pesticide.
- The environment alleged to have been exposed to pesticides and to collect and analyze environmental samples.
- A person's compliance with pesticide worker protection standards and labeling, including handlers and workers.
- A person's compliance with licensing, labeling, permitting, and certification requirements.
Compliance Assistance
Compliance assistance has traditionally been part of the Department of Agriculture's
enforcement program and variously known as service, outreach, and assistance.
Compliance assistance has included providing education materials, speaking to
groups or individuals of the regulated community, and one-on-one technical assistance
to individuals.
Compliance assistance inspections are an integral component of the compliance assistance program. This procedure promotes compliance by encouraging voluntary participation in inspections. These inspections offer amnesty for certain compliance problems noted at the time of the inspection, without compromising enforcement options.
The compliance assistance program emphasizes reaching new members of the regulated community, persons subject to new regulations or compliance initiatives, and persons never previously inspected. Examples of new members of the regulated community include newly licensed persons and persons brought into the regulated community by new laws. Compliance assistance consists of any or a combination of the following:
- Providing education, training, assistance or outreach materials during a site visit whether or not a notice of inspection is issued.
- Providing formal education or outreach materials to groups of persons from the regulated community.
- Conducting compliance assistance inspections to eligible persons.
Complaint Process
Report of loss or damage - a person suffering loss or damage resulting from
the use or application of any pesticide by any person should, within 30 days
from the time the occurrence of the loss became known to him/her, file with
the Department of Agriculture a verified report of loss setting forth the
following:
- Name and address of claimant.
- Type, kind, and location of property alleged to be injured or damaged.
- Date the alleged injury or damage occurred.
- Name of person applying the pesticide and allegedly responsible for the loss or damage.
- Name of the owner or occupant of the property for whom such pesticide application was made.
Pesticide Spills
The Department of Agriculture receives approximately 15-20 calls a year to report
a pesticide spill. Only three to four reported spills require an inspector to
investigate the incident. Any person is required to report pesticide spills
to the department or a field office within
48 hours if:
- The spill is 5 gallons or more (includes formulated product, diluent, and other additives).
- The spill is 100 dry pounds or more (includes formulated product, diluent, and other additives).
When reporting a spill to the Helena office or a field office the following information is required about the spill:
- Location (legal description, address, or landmarks)
- Pesticide(s) name (manufacturer's name, EPA registration number)
- Quantity spilled
- Name of primary contact (address and phone number)
Control, Contain, and Cleanup are the three C's to remember for
any spill.
Control the pesticide spill by identifying the source and
stopping the spill; wear the proper personal protective equipment (PPE); and
divert the spill away from water, wells, drains, sewers, etc.
Contain the pesticide spill by building a dike from absorbent
materials such as soil, sand, kitty litter, or a chemical absorbent tube sock.
Remember never hose down the spill area until clean up is complete.
Cleanup the pesticide spill by recapturing any usable material,
absorb any residual liquid, and for contaminated soil remove all damp soil
plus 3 additional inches and contain the contaminated soil to prevent further
contamination.
Pesticide Storage
All pesticide containers must be stored according to the pesticide label.
In addition to the storage requirements on the pesticide label, the Department
of Agriculture recommends the following:
- When feasible, the storage area should be downwind and down hill from sensitive areas, such as homes, play areas, feedlots, animal shelters, gardens, and groundwater sources. The area should be located in an area not subject to flooding
- Keep the storage area or building locked for security. Preventing unauthorized use of pesticides reduces the chance of accidental spills or theft.
- Keep pesticides separate to prevent cross-contamination. Herbicides, insecticides, and fungicides should be kept on separate shelves or in separate areas.
- Keep large drums or bags on pallets and off the floor.
- Shelves for smaller containers should have lips to keep the containers from sliding off.
- Steel shelves are easier to clean than wood if a spill occurs.
- Store dry products above liquids to prevent wetting from spills.
- Provide adequate road access for deliveries and emergency equipment.
- Post signs or labels to identify the area as a pesticide storage area. Labels on the outside of the building will give firefighters information about pesticides if they must respond to a fire or a spill.
- It is a good idea to maintain, in a separate location, a list of the chemicals and amounts stored.
More information on permanent storage facilities can be found in the Pesticide Administrative Rules:
4.10.1103 General Requirements at Permanent Storage Facilities
4.10.1104 Primary Containment Standards for Bulk Pesticides
4.10.1105 Secondary Containment at Permanent Storage Facilities
