1. (1) A person subject to a civil penalty or charged with a violation may submit a written application to conduct remedial action ( 80-8-306(3) , MCA) in lieu of all or part of a civil penalty. The department will consider remedial actions that exceed the requirements of statute, rules or orders and that:

   1. (a) correct harm caused by pesticides to human health, agricultural commodities, livestock, or the environment;
   2. (b) prevent the occurrence of harm; and
   3. (c) benefit the public.
2. (2) The department will consider applications upon receipt of a written application or plan that describes in detail the remedial action, procedures, costs, the benefits of the remedial action, responsible persons, dates and schedules.
3. (3) The department may require that the persons submit written confirmation upon satisfactory completion of the action.
4. (4) Upon demonstration by the charged person that remedial actions are completed as approved by the department, the civil penalty or a portion thereof may be dismissed.

Authorizing statute(s): Sec. 80-8-105, MCA

Implementing statute(s): Sec. 80-8-306, MCA

History: NEW, 1999 MAR p. 404, Eff. 3/12/99.