This bill increases the maximum fine that may be adjudged for a violation of the laws and rules governing pesticides from $1,500 to $25,000 except in a case for an unauthorized pesticide application in which the preponderance of the evidence demonstrates that the violator benefited substantially from the violation, in which case the maximum fine is $50,000. Maximum fines for subsequent violations are increased to $75,000 and $150,000, respectively. The bill provides that clear and convincing evidence that only one person benefited substantially from an unauthorized pesticide application constitutes prima facie evidence that the person is responsible for the unauthorized pesticide application. The bill increases the maximum fine for a private applicator who violates rules regarding the maintenance of records from $500 to $1,000 and from $1,000 to $2,000 for subsequent violations. The bill directs the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control to adopt routine technical rules to:
1. Establish a penalty schedule for violations of the laws and rules governing pesticides to create transparency for future penalties assessed;
2. Provide the means by which separate civil suits may be brought against the same violator of the laws and rules governing pesticides if pesticide migration through soil or bedrock occurs affecting more than one property;
3. Provide for the restoration of affected property and replacement of vegetation as penalties for violations of the laws and rules governing pesticides in addition to monetary penalties; and
4. Designate pesticides with the active ingredient tebuthiuron as state restricted use pesticides.

Statutes affected:
Bill Text LD 1697, HP 1132: 7.616