Mont. Code Ann. § 75-10-501 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-501
75-10-501 Definitions
Status: in_force

75-10-501 . Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1) "Board" means the board of environmental review provided for in 2-15-3502 .

(2) "Component part" means any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle, including but not limited to fenders, doors, hoods, engine blocks, motor parts, transmissions, frames, axles, wheels, tires, and passenger compartment fixtures.

(3) "Department" means the department of environmental quality provided for in 2-15-3501 .

(4) "Junk mobile home" means a mobile home as defined in 15-24-201 that is wrecked, ruined, dismantled, or abandoned and is no longer fit for human habitation.

(5) "Junk nonmotorized vehicle" means an inoperative vehicle that is not constructed with a motor and that is discarded, ruined, wrecked, or dismantled.

(6) (a) "Junk vehicle" means a motor vehicle, including component parts:

(i) that is discarded, ruined, wrecked, or dismantled;

(ii) that, except as provided in subsection (6)(b), is not lawfully and validly licensed; and

(iii) that remains inoperative or incapable of being driven.

(b) If a vehicle is permanently registered under 61-3-562 and meets the criteria for a junk vehicle under subsection (6)(a), the vehicle is a junk vehicle.

(7) "Motor vehicle graveyard" means a collection point established by a county for junk motor vehicles prior to their disposal.

(8) (a) "Motor vehicle wrecking facility" means:

(i) a facility buying, selling, or dealing in four or more vehicles a year, of a type required to be licensed, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of the motor vehicle; or

(ii) a facility that buys or sells component parts, in whole or in part, and deals in secondhand motor vehicle parts. A facility that buys or sells component parts of a motor vehicle, in whole or in part, is a motor vehicle wrecking facility whether or not the buying or selling price is based upon weight or any other type of classification.

(b) The term does not include a garage where wrecked or disabled motor vehicles are temporarily stored for a reasonable period of time for inspection, repairs, or subsequent removal to a junkyard.

(9) "Person" means any individual, firm, partnership, company, association, corporation, city, town, local governmental entity, or other governmental or private entity, whether organized for profit or not.

(10) "Public view" means any point 6 feet above the surface of the center of a public road from which junk vehicles can be seen.

(11) "Shielding" means the construction or use of fencing or constructed or natural barriers to conceal junk vehicles from public view.
Mont. Code Ann. § 75-10-627 — MT Code / Title 75 / Chapter 10 / Part 6 / Section 75-10-627
75-10-627 Benefit of state
Status: in_force

75-10-627 . Benefit of state. The agreement made pursuant to 75-10-626 is solely for the benefit of the state of Montana and is not enforceable by bondholders or other third-party beneficiaries.
Mont. Code Ann. § 75-2-102 — MT Code / Title 75 / Chapter 2 / Part 1 / Section 75-2-102
75-2-102 Intent -- policy and purpose
Status: in_force

75-2-102 . Intent -- policy and purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Clean Air Act of Montana. It is the legislature's intent that the requirements of parts 1 through 4 of this chapter provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.

(2) It is the public policy of this state and the purpose of this chapter to achieve and maintain levels of air quality that will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state. This policy must be balanced by the legislature with the policy of protecting the ability of the people to pursue life's basic necessities and to acquire property and to use that property in all lawful ways.

(3) Local and regional air pollution control programs must be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.

(4) To these ends it is the purpose of this chapter to:

(a) provide for a coordinated statewide program of air pollution prevention, abatement, and control;

(b) provide for an appropriate distribution of responsibilities among the state and local units of government;

(c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and

(d) provide a framework within which all values may be balanced in the public interest.
Mont. Code Ann. § 75-11-201 — MT Code / Title 75 / Chapter 11 / Part 2 / Section 75-11-201
75-11-201 Short title
Status: in_force

75-11-201 . Short title. This part may be cited as the "Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act".
Mont. Code Ann. § 75-2-518 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-518
75-2-518 Inspections -- sampling
Status: in_force

75-2-518 . Inspections -- sampling. (1) (a) At any reasonable time and upon presentation of credentials, an employee or agent of the department may enter upon and inspect any place at which:

(i) an asbestos project is being conducted;

(ii) asbestos-containing material from an asbestos project is stored; or

(iii) records pertinent to an asbestos project are maintained.

(b) The employee or agent of the department may have access to and may copy any records relating to an asbestos project for the purpose of enforcing the provisions of this part, rules adopted under this part, or a permit or order issued under this part.

(2) During an inspection under this section, the employee or agent of the department may take samples of any suspected asbestos-containing material, including samples from any vehicle in which asbestos-containing waste materials are transported. If the employee or agent of the department takes a sample of any suspected asbestos-containing material, prior to leaving the premises, the employee or agent shall give to the person in charge of the asbestos project a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If an analysis is made of the samples, a copy of the results of the analysis must be furnished to the person in charge of the asbestos project.
Mont. Code Ann. § 75-10-102 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-102
75-10-102 Public policies
Status: in_force

75-10-102 . Public policies. (1) To implement this part, the following are declared to be public policies of this state:

(a) Maximum recycling from solid waste is necessary to protect the public health, welfare, and quality of the natural environment.

(b) Solid waste management systems must be developed, financed, planned, designed, constructed, and operated for the benefit of the people of this state.

(c) Private industry is to be utilized to the maximum extent possible in planning, designing, managing, constructing, operating, manufacturing, and marketing functions related to solid waste management systems.

(d) Local governments shall retain primary responsibility for adequate solid waste management with the state preserving those functions necessary to ensure effective solid waste management systems throughout the state.

(e) Costs for the management and regulation of solid waste management systems should be charged to those persons generating solid waste in order to encourage the reduction of the solid waste stream.

(f) Encouragement and support should be given to individuals and municipalities to separate solid waste at its source in order to maximize the value of those wastes for reuse.

(g) The state shall provide technical advisory assistance to local governments and other affected persons in the planning, developing, financing, and implementation of solid waste management systems.

(h) Actions and activities performed or carried out by persons and their contractors in accordance with this part must be in conformity with the state solid waste management and resource recovery plan.

(i) When licensing a solid waste management system, the department shall consult with units of local government that have jurisdiction over the area encompassing the proposed system.

(2) This part is in addition and supplemental to any other law providing for the financing of a solid waste management system and does not amend or repeal any other law.
Mont. Code Ann. § 75-10-105 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-105
75-10-105 Powers of department
Status: in_force

75-10-105 . Powers of department. The department may:

(1) accept loans and grants from the federal government and other sources to carry out the provisions of this part; and

(2) collect the solid waste management fees provided for in 75-10-115 .
Mont. Code Ann. § 75-10-727 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-727
75-10-727 Institutional controls
Status: in_force

75-10-727 . Institutional controls. (1) An owner of real property may, with department approval, restrict the use of the owner's real property to mitigate the risk posed to the public health, safety, and welfare and the environment by imposing on the real property, without conveying the property or creating a dominant and servient estate, an appropriate institutional control.

(2) An institutional control restricting present and future real property rights is placed on a property by filing a written instrument evidencing the restrictions to be placed on the use of the property with the county clerk in the county in which the property is located.

(3) An institutional control that restricts real property runs with the land and is binding on all successors in interest to real property until the institutional control is removed.

(4) An institutional control must be removed if there is not an unacceptable risk posed to public health, safety, and welfare and the environment. An owner may request department approval to remove all or a portion of the institutional controls from the real property. The department shall review the request and provide the owner with its decision to approve or deny the request within 120 days from the department's receipt of the request. If the department denies the request, it shall provide the owner with a written explanation of the denial. A department decision to deny the request may be appealed to the board of environmental review and conducted as a contested case proceeding pursuant to Title 2, chapter 4.

(5) If the department or the board approves an owner's request to remove all or a portion of the institutional controls, the owner shall file the approval with the county clerk in the county in which the real property is located.
Mont. Code Ann. § 75-2-101 — MT Code / Title 75 / Chapter 2 / Part 1 / Section 75-2-101
75-2-101 Short title
Status: in_force

75-2-101 . Short title. Parts 1 through 4 of this chapter are known and may be cited as the "Clean Air Act of Montana".
Mont. Code Ann. § 75-11-703 — MT Code / Title 75 / Chapter 11 / Part 7 / Section 75-11-703
75-11-703 Definitions
Status: in_force

75-11-703 . Definitions. (1) The definitions used in this part are for the purpose of determining the eligibility of sites to receive and expend federal brownfields funding received by a grant recipient from the United States environmental protection agency under the federal Brownfields Revitalization and Environmental Restoration Act of 2001, Title II of Public Law 107-118.

(2) As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(a) "Brownfield site" means an abandoned, idle, blighted, or underutilized property, for which the expansion, redevelopment, or reuse of may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants.

(b) "Brownfields redevelopment" means any work or undertaking by a person to acquire a brownfield site and to raze, demolish, remove, reconstruct, renovate, or rehabilitate the site or existing buildings, structures, or other improvements at the site for the purpose of promoting the use of the site for residential, commercial, industrial, or other purposes. The term does not include construction of new facilities on the site for any purpose other than environmental remediation activities.

(c) "Department" means the department of environmental quality provided for in 2-15-3501 .

(d) "Eligible entity" means a city, town, county, consolidated city-county, tribal government, economic development organization, nonprofit organization, or state agency that has received federal brownfields funding from the environmental protection agency or other state agency.

(e) "Environmental remediation activities" means:

(i) investigation, analysis, and monitoring of a brownfields site to determine the existence and extent of actual or potential environmental pollution;

(ii) redevelopment planning; or

(iii) abatement, removal, or containment of environmental pollution at a brownfields site.

(f) "Hazardous substance" has the same meaning as provided in 75-10-602 .

(g) "Petroleum" or "petroleum product" has the same meaning as provided in 75-11-302 .

(h) "Petroleum tank release site" means a site where there has been a release from a petroleum storage tank and assessment or remediation, or both, are being pursued in accordance with Title 75, chapter 11, part 3.

(i) "Reasonable steps" means, as appropriate, stopping continuing releases, preventing threatened future releases, or preventing or limiting human, environmental, or natural resource exposure to previous petroleum, petroleum product, or hazardous substance releases. The term may include limiting access to the property, monitoring known contaminants, and complying with state, local, or both state and local requirements.

(j) "Responsible party" means:

(i) a person responsible for conducting the assessment, investigation, and cleanup at a brownfield site as determined through:

(A) a judgment rendered in a court of law or an administrative order;

(B) an enforcement action by federal authorities or the department; or

(C) a citizen suit, contribution action, or other third-party claim brought against the current owner of a brownfield site; or

(ii) a current owner of a brownfield site who:

(A) dispensed or disposed of petroleum or petroleum product or hazardous substance contamination at the site;

(B) exacerbated existing contamination at the site;

(C) owned the site when any dispensing or disposal of petroleum or hazardous substances by others took place; or

(D) failed to take reasonable steps with regard to contamination at the site.

(k) "Viable responsible party" means a responsible party determined by the department to have the financial capability to conduct environmental remediation activities at a brownfield site.
Mont. Code Ann. § 75-5-904 — MT Code / Title 75 / Chapter 5 / Part 9 / Section 75-5-904
75-5-904 Applicability to counties -- notification
Status: in_force

75-5-904 . Applicability to counties -- notification. (1) The provisions of 75-5-905 apply to counties where one or more surface water bodies exceed the numeric algal biomass or total phosphorus standards adopted pursuant to 75-5-301 .

(2) The department shall notify counties that meet the provisions of subsection (1) that they are subject to the provisions of 75-5-905 .

(3) The governing body of a county that does not meet the provisions of subsection (1) may adopt an ordinance pursuant to Title 75, chapter 7, part 4.
Mont. Code Ann. § 75-3-603 — MT Code / Title 75 / Chapter 3 / Part 6 / Section 75-3-603
75-3-603 Radon testing and mitigation proficiency listing requirements
Status: in_force

75-3-603 . Radon testing and mitigation proficiency listing requirements. In order to be publicly listed as proficient by the department in a radon-related occupation, a person shall pass a United States environmental protection agency proficiency examination approved by the department.
Mont. Code Ann. § 75-10-101 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-101
75-10-101 Purpose
Status: in_force

75-10-101 . Purpose. The purpose of this part is to encourage the good management of solid waste and the conservation of natural resources through the promotion or development of systems to collect, separate, reclaim, recycle, and dispose of solid waste for energy production purposes when economically feasible and to provide a coordinated state solid waste management and resource recovery plan.
Mont. Code Ann. § 75-10-1005 — MT Code / Title 75 / Chapter 10 / Part 10 / Section 75-10-1005
75-10-1005 Management standards -- procedures for storage, transportation, treatment, and disposal
Status: in_force

75-10-1005 . Management standards -- procedures for storage, transportation, treatment, and disposal. (1) Infectious waste must be separated from ordinary waste at the point of origin and stored until the waste is rendered noninfectious in separate, distinct containers with biohazard warning labels in compliance with the following procedures:

(a) Sharps must be contained for storage, transportation, treatment, and subsequent disposal in leakproof, rigid, puncture-resistant containers that must be taped closed or capped securely to prevent loss of contents.

(b) Infectious waste other than sharps must be contained in moisture-proof disposable containers or bags of a strength sufficient to prevent ripping, tearing, or bursting under normal conditions of use. The bags must be securely tied to prevent leakage or expulsion of solid or liquid wastes during storage, handling, and transportation.

(2) To inhibit the spread of infectious agents, infectious waste must be stored prior to treatment in a secured area that prevents access by unauthorized personnel and must be clearly marked or labeled as infectious.

(3) Handling of infectious waste must be done in a manner to prevent compaction or other mechanical manipulation that might cause the release of infectious agents.

(4) (a) Treatment and disposal of infectious waste must be accomplished through the following methods:

(i) incineration with complete combustion that reduces infectious waste to carbonized or mineralized ash;

(ii) steam sterilization that renders infectious waste noninfectious; or

(iii) sterilization by standard chemical techniques or by any scientifically proven techniques approved by state and federal authorities.

(b) Liquid or semisolid infectious waste may be discharged into a sewer system that provides secondary treatment or into a primary treatment sewage system if waste is first sterilized by chemical treatment. A subsurface disposal system installed and operated in accordance with state or local sanitary regulations is, for the purpose of this subsection (b), a sewer system providing secondary treatment.

(c) Fetal remains or recognizable body parts other than teeth must be disposed of by incineration or interment.

(5) If infectious waste has been rendered noninfectious by one of the methods listed in subsection (4) and is no longer biologically hazardous, it may be mixed with and disposed of with ordinary waste in the following manner:

(a) Steam-sterilized waste must be labeled identifying it as such with heat sensitive tape or bagged in marked autoclavable bags.

(b) Chemically treated waste or waste otherwise treated under subsection (4)(a)(iii) must be appropriately labeled.

(6) Infectious waste may be transported by the generator, a municipal solid waste service, or a regulated commercial hauler to an offsite treatment facility if the waste is confined in a leakproof, noncompacting, fully enclosed vehicle compartment.

(7) (a) Infectious waste that has been treated by one of the methods in subsection (4) may be disposed of in a properly operated landfill licensed under 75-10-221 .

(b) Untreated infectious waste may be disposed of at a licensed, properly operated landfill until April 1, 1993, if it is buried in a separate area without compaction and with minimum disturbance.

(8) An employee who handles or manages infectious waste must receive training provided by the employer that is adequate to ensure safe performance of duties.

(9) Generators and transporters of infectious waste shall develop a contingency plan to handle spills and equipment failure.
Mont. Code Ann. § 75-10-716 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-716
75-10-716 Definitions
Status: in_force

75-10-716 . Definitions. As used in 75-10-717 and this section, the following definitions apply:

(1) "Emergency responder" means a public safety agency or a private entity acting under a request from or authority granted by a government agency, including law enforcement, firefighting, ambulance or medical, and civil defense, that provides services in an emergency situation.

(2) "Hazardous material incident" means a release involving a hazardous or deleterious substance that endangers property, public health, or public safety.
Mont. Code Ann. § 75-6-306 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-306
75-6-306 Furnishing of funds, personnel, or services by certain public agencies -- agreements for purchase, sale, distribution, transmission, transportation, and treatment of water or wastewater -- terms and conditions
Status: in_force

75-6-306 . Furnishing of funds, personnel, or services by certain public agencies -- agreements for purchase, sale, distribution, transmission, transportation, and treatment of water or wastewater -- terms and conditions. A public agency entering into an agreement pursuant to this part may appropriate funds and may sell, lease, give, or otherwise supply to the authority personnel or services for the operation of the authority as may be within its legal power to furnish. A public agency, whether or not a party to an agreement pursuant to this part, and a publicly or privately owned water distribution company may enter into contracts with an authority, created pursuant to this part, for the purchase of water from the authority or the sale of water to the authority, for the treatment of water by either party, and for the distribution or transmission of water by either party. The authority may enter into the contracts. A public agency, whether or not a party to an agreement pursuant to this part, and a publicly or privately owned wastewater transportation or treatment system may enter into contracts with an authority, created pursuant to this part, for the transportation and treatment of wastewater by either party. The authority may enter into the contracts, subject to the prior approval of the public service commission, if the privately owned wastewater transportation or treatment system is subject to the jurisdiction of the public service commission. However, if the public service commission has not acted on a proposed contract within 90 days of its filing, approval is considered to have been granted. A contract may include an agreement for the purchase of water not actually received or the treatment of wastewater not actually treated. A contract may not be for a period in excess of 40 years, but renewal options may be included in the contract. The obligations of a public agency under a contract must be payable solely from the revenue produced from the public agency's water or wastewater system, and the public service commission, in the case of a water system whose rates are subject to its jurisdiction, shall permit the water system to recover through its rates revenue sufficient to meet its obligations under the agreement.
Mont. Code Ann. § 75-16-109 — MT Code / Title 75 / Chapter 16 / Part 1 / Section 75-16-109
75-16-109 Uniformity of application and construction
Status: in_force

75-16-109 . Uniformity of application and construction. This part shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this part among jurisdictions enacting it.
Mont. Code Ann. § 75-2-201 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-201
75-2-201 Classifying and reporting air contaminant sources
Status: in_force

75-2-201 . Classifying and reporting air contaminant sources. (1) The department may classify air contaminant sources that in its judgment may cause or contribute to air pollution according to levels and types of emissions and other characteristics that relate to air pollution and may require reporting for any such class or classes. The classifications must be made with special reference to effects on health, economic and social factors, and physical effects on property and may be applied to the state as a whole or to any designated area.

(2) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules of the department may require reporting shall make reports containing any information as may be required concerning location, size and height of contaminant outlets, processes employed, fuels used, and the nature and time periods or duration of emissions and any other matter relevant to air pollution that is available or reasonably capable of being assembled.
Mont. Code Ann. § 75-7-201 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-201
75-7-201 Policy
Status: in_force

75-7-201 . Policy. The legislature finds and declares that the natural lakes of Montana are high in scenic and resource values and that the conservation and protection of these lakes is important to the continued value of lakeshore property as well as to the state's residents and visitors who use and enjoy the lakes. The legislature further declares that local governments should play the primary public roles in establishing policies to conserve and protect lakes. Local governments do not have adequate statutory powers to protect their lake areas, and it is the purpose of this part to confer such powers on local governments, provided that such powers are exercised to maintain public health, welfare, and safety.
Mont. Code Ann. § 75-10-1007 — MT Code / Title 75 / Chapter 10 / Part 10 / Section 75-10-1007
75-10-1007 Criminal penalty
Status: in_force

75-10-1007 . Criminal penalty. A person who violates this part or a rule adopted pursuant to this part is guilty of a misdemeanor. Absolute liability, as provided for in 45-2-104 , is imposed for a violation of this part or a rule adopted under this part.
Mont. Code Ann. § 75-10-747 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-747
75-10-747 Discovery
Status: in_force

75-10-747 . Discovery. (1) Each person participating in the allocation process for a facility may conduct discovery for a period of not more than 90 days from the date of the last notice or nomination letter. Discovery requests by each person participating in the allocation process, including the orphan share representative, are limited to the following unless otherwise agreed to by all persons participating in the allocation, including the orphan share representative:

(a) 5 1-day oral depositions not to exceed 8 hours each;

(b) 25 written interrogatories, including subparts;

(c) 50 requests for admission; and

(d) 50 requests for production of documents.

(2) The persons participating in the allocation process may extend the discovery period for up to 30 days if all persons agree to the extension in writing.

(3) Any participating person who is not responsive to discovery requests or who does not participate in the subsequent allocation proceeding and is allocated a share of liability remains subject to liability as provided in 75-10-715 .
Mont. Code Ann. § 75-10-434 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-434
75-10-434 Deposit of hazardous waste management fees
Status: in_force

75-10-434 . Deposit of hazardous waste management fees. (1) There must be credited to an account within the state special revenue fund established in 17-2-102 :

(a) all fees collected under 75-10-432 ;

(b) all fees collected under 75-10-433 , except fees paid to a county;

(c) all fees collected for the registration of hazardous waste generators; and

(d) all fees collected for the reissuance or modification of hazardous waste management facility permits.

(2) Money in the account may be used by the department only for the administration of the hazardous waste provisions of this part.
Mont. Code Ann. § 75-2-403 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-403
75-2-403 Inspections
Status: in_force

75-2-403 . Inspections. (1) The department or an authorized representative, for the purpose of ascertaining the state of compliance with this chapter or a rule, order, or permit in force under this chapter, may enter and inspect, at any reasonable time, any property, premises, or place, except a private residence, on or at which:

(a) an air contaminant source is located or is being constructed or installed;

(b) an emissions-related activity is conducted, such as air contaminant emissions or ambient concentration sampling, testing, or monitoring, or an activity in which samples are gathered, processed, or stored; or

(c) records are kept as required under this chapter or a rule, order, or permit made or issued under this chapter, for the purpose of inspecting those records. The authority granted under this subsection (c) does not limit the department's right to inspect any property, premises, or place, except a private residence, under subsections (1)(a) and (1)(b) if records are also kept at those sites.

(2) A person may not refuse entry or access to an authorized representative of the department who presents appropriate credentials when the department requests entry for purposes of inspection. A person may not obstruct, hamper, or interfere with an inspection.

(3) The department or an authorized representative must be provided access and must be allowed to copy, at reasonable times, any record that is required to be kept under this chapter or a rule, order, or permit made or issued under this chapter.

(4) The department or an authorized representative may inspect, at reasonable times, any facility, equipment, practices, or operations regulated or required under this chapter or a rule, order, or permit made or issued under this chapter.

(5) The department or an authorized representative must be allowed to sample or monitor, at reasonable times, substances or parameters for the purpose of ensuring compliance with the provisions of this chapter or a rule, order, or permit made or issued under this chapter.

(6) At the owner's or operator's request, the owner or operator of the premises shall receive a report stating all facts found that relate to compliance status.

(7) Inspections under this section must be conducted in compliance with all applicable federal or state rules or requirements for workplace safety and with all source-specific facility workplace safety rules or requirements. The source shall inform the inspector of all applicable workplace safety rules or requirements at the time of the inspection.
Mont. Code Ann. § 75-10-737 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-737
75-10-737 Voluntary action to preclude remedial action by department
Status: in_force

75-10-737 . Voluntary action to preclude remedial action by department. If a party has elected to undertake an approved voluntary cleanup and is diligently proceeding to implement the plan, the department may not, except as provided in 75-10-712 , take remedial action under 75-10-711 with regard to those releases or threatened releases of hazardous or deleterious substances that are addressed by the approved voluntary cleanup plan.
Mont. Code Ann. § 75-6-328 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-328
75-6-328 Exemption from taxation
Status: in_force

75-6-328 . Exemption from taxation. Bonds issued pursuant to this part and the interest on the bonds, together with all properties and facilities of the authority owned or used in connection with the water supply, wastewater transportation, or treatment system, and all the money, revenue, and other income of the authority derived from the water supply, wastewater transportation, or treatment system are exempt from all taxation by the state or any county, municipality, political subdivision, or agency of the state, county, or municipality.
Mont. Code Ann. § 75-20-203 — MT Code / Title 75 / Chapter 20 / Part 2 / Section 75-20-203
75-20-203 Certificate transferable
Status: in_force

75-20-203 . Certificate transferable. A certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained in the certificate.
Mont. Code Ann. § 75-6-222 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-222
75-6-222 Evaluation of projects and loan applications
Status: in_force

75-6-222 . Evaluation of projects and loan applications. The department and the department of natural resources and conservation shall evaluate projects and loan applications. In evaluating projects and applications, the following factors must be considered:

(1) the technical design of the project to ensure compliance with all applicable statutes, rules, and design standards;

(2) the financial capacity of the applicant;

(3) the financial, managerial, and technical ability of the applicant to properly operate and maintain the project;

(4) the total financing of the project to ensure completion;

(5) the viability of the public water system;

(6) the ability of the public water system to pay the costs of the project without the requested financial assistance;

(7) the total amount of loan funds available for financial assistance in the revolving fund;

(8) the total amount requested by other applications that have been received or that are likely to be received;

(9) the ranking of the project on the priority list in the intended use plan; and

(10) any other criteria that the department determines to be appropriate, considering the purposes of the program and the federal act.
Mont. Code Ann. § 75-10-742 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-742
75-10-742 Short title
Status: in_force

75-10-742 . Short title. Sections 75-10-742 through 75-10-751 may be cited as the "Controlled Allocation of Liability Act".
Mont. Code Ann. § 75-7-125 — MT Code / Title 75 / Chapter 7 / Part 1 / Section 75-7-125
75-7-125 Jurisdiction -- declaratory ruling -- standards -- judicial review
Status: in_force

75-7-125 . Jurisdiction -- declaratory ruling -- standards -- judicial review. (1) (a) The supervisors shall determine the applicability, interpretation, or implementation of any statutory provision or any rule or written consent of the supervisors under this part.

(b) The supervisors' determination pursuant to subsection (1)(a) must be made, in accordance with rules established under 75-7-117 , prior to the filing of a petition under subsection (2).

(2) (a) A person who may be directly affected by the applicability, interpretation, or implementation of this part and who disagrees with a determination made under subsection (1) may petition the supervisors for a declaratory ruling.

(b) If the issue raised in the petition for a declaratory ruling is of significant interest to the public, the supervisors shall provide a reasonable opportunity for interested persons and the petitioner to submit data, information, or arguments, orally or in written form, prior to making a ruling.

(c) If the issue raised in the petition for a declaratory ruling is not of significant interest to the public, the supervisors shall provide a reasonable opportunity for the petitioner to submit data, information, or arguments, orally or in written form, prior to making a ruling.

(d) Data and information may be submitted at a hearing before the supervisors. Data and information submitted to the supervisors outside of the hearing process must be made available for public review prior to the hearing being conducted before the supervisors.

(3) A proceeding held under this section is not a contested case proceeding. A declaratory ruling under this section is not subject to the provisions of the Montana Administrative Procedure Act.

(4) A declaratory ruling is subject to judicial review. Judicial review must be conducted by a court without a jury and is limited to the data, information, and arguments made before the supervisors. A court may reverse or modify the supervisors' ruling if substantial rights of the appellant have been prejudiced because the ruling is:

(a) in violation of constitutional or statutory provisions;

(b) in excess of the statutory authority of the supervisors;

(c) affected by error of law; or

(d) arbitrary or capricious, characterized by abuse of discretion, or a clearly unwarranted exercise of discretion.

(5) A final judgment of a district court under this section may be appealed in the same manner as provided in 2-4-711 .

(6) This section may not be interpreted or construed to allow a person to petition for a declaratory ruling under this section for an administrative review of a decision of the supervisors under 75-7-112 or 75-7-113 granting, denying, or conditioning a written consent. Review of a final action by the supervisors pursuant to 75-7-112 or 75-7-113 is exclusively provided for in 75-7-121 .
Mont. Code Ann. § 75-15-121 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-121
75-15-121 Commission rules authorized
Status: in_force

75-15-121 . Commission rules authorized. The commission may adopt rules to control the erection and maintenance of outdoor advertising along the interstate and primary highway systems in conformance with the terms of this part and in conformity with 23 U.S.C. 131, as amended.
Mont. Code Ann. § 75-5-211 — MT Code / Title 75 / Chapter 5 / Part 2 / Section 75-5-211
75-5-211 Department to administer chapter
Status: in_force

75-5-211 . Department to administer chapter. (1) Except as otherwise provided, the department is responsible for administration of this chapter.

(2) The department may use its personnel and those of the local departments of health as necessary to administer this chapter.
Mont. Code Ann. § 75-5-304 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-304
75-5-304 Adoption of standards -- pretreatment, effluent, performance
Status: in_force

75-5-304 . Adoption of standards -- pretreatment, effluent, performance. (1) The department shall:

(a) adopt pretreatment standards for wastewater discharged into a municipal disposal system;

(b) adopt effluent standards as defined in 75-5-103 ;

(c) adopt toxic effluent standards and prohibitions;

(d) establish standards of performance for new point source discharges; and

(e) adopt rules necessary to ensure the primacy of the department to regulate cooling water intake structures under 33 U.S.C. 1326(b).

(2) In taking action under subsection (1), the department shall ensure that the standards are cost-effective and economically, environmentally, and technologically feasible.
Mont. Code Ann. § 75-7-115 — MT Code / Title 75 / Chapter 7 / Part 1 / Section 75-7-115
75-7-115 Arbitration panel -- costs
Status: in_force

75-7-115 . Arbitration panel -- costs. Cost of the arbitration panel, computed as for jurors' fees under 3-15-201 , shall be borne by the contesting party or parties; all other parties shall bear their own costs.
Mont. Code Ann. § 75-10-1604 — MT Code / Title 75 / Chapter 10 / Part 16 / Section 75-10-1604
75-10-1604 Libby asbestos cleanup operation and maintenance account
Status: in_force

75-10-1604 . Libby asbestos cleanup operation and maintenance account. (1) There is a Libby asbestos cleanup operation and maintenance account in the state special revenue fund established in 17-2-102 . Subject to appropriation by the legislature, money deposited in the account must be used for:

(a) cleanup and long-term operation and maintenance costs at the Libby asbestos superfund site; and

(b) administrative costs for the Libby asbestos superfund oversight committee, not to exceed 25% of the annual appropriation.

(2) The following funds must be deposited in the account:

(a) 80% of the funds allocated for the cleanup and long-term operation and maintenance costs pursuant to 75-10-704 ;

(b) money received by the department of environmental quality in the form of grants, gifts, transfers, bequests, and donations, including donations limited in their purpose by the grantor, or appropriations from any source intended to be used for the purposes of this account; and

(c) any interest or income earned on the account.

(3) Any unspent or unencumbered money in the account at the end of a fiscal year must be transferred to the Libby asbestos cleanup trust fund.
Mont. Code Ann. § 75-11-517 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-517
75-11-517 Lien
Status: in_force

75-11-517 . Lien. (1) The costs incurred by the department to close an underground storage tank pursuant to 75-11-504 or 75-11-512 constitute a lien in favor of the state upon all property and rights to the property that belong to the owner or operator.

(2) The lien imposed by this section arises at the time that notice incorporating a description of the property on which the underground storage tank was permanently closed and an identification of the amount of costs is filed with the clerk and recorder of the county in which the real property is located. A copy of the notice must be served by certified mail upon the property owner.

(3) The costs constituting the lien may be recovered in an action in the district court for the district in which the property is located. This section does not affect the right of the state to bring an action against a person to recover all costs for which that person is liable under this part or any other provision of state or federal law.

(4) The lien must continue until the liability for the costs incurred as a result of the permanent closure of the underground storage tank by the state is satisfied.

(5) Payment of any liens under this section must be deposited in the account from which the costs incurred by the state originated.
Mont. Code Ann. § 75-11-508 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-508
75-11-508 Corrective action -- petroleum mixing zones
Status: in_force

75-11-508 . Corrective action -- petroleum mixing zones. (1) A corrective action plan prepared pursuant to 75-11-309 may include the use of a petroleum mixing zone, as defined in 75-11-503 , in conjunction with the final remediation and resolution of a petroleum release.

(2) If a petroleum mixing zone is included in a corrective action plan, it may be established only when:

(a) all source material has been removed to the maximum extent practicable;

(b) the extent of petroleum contamination has been defined;

(c) natural breakdown or attenuation is occurring within the plume; and

(d) no further corrective action is reasonably required at the site.

(3) The boundary of a petroleum mixing zone established in accordance with this section must be contained within the boundary of the property on which the petroleum release originated unless a recorded easement, a restrictive covenant, or another institutional control approved by the department on an adjoining property allows the petroleum mixing zone to extend onto the adjoining property.

(4) Monitoring of a petroleum mixing zone may not be required unless there is a unique, overriding, site-specific, impact-related reason to require monitoring.

(5) At the downgradient boundary of a petroleum mixing zone, the concentration of any petroleum constituent, including benzene, may not exceed a water quality standard adopted pursuant to 75-5-301 .

(6) If a petroleum mixing zone is established and maintained:

(a) the petroleum release is considered resolved;

(b) no further corrective action for the petroleum release is required; and

(c) the department shall issue a no-further-action letter to the owner or operator stating that a petroleum mixing zone has been established for the release and describing any conditions required to maintain the petroleum mixing zone.

(7) A corrective action plan approved by the department pursuant to 75-11-309 may be amended to include a petroleum mixing zone in accordance with this section, including a corrective action plan approved prior to April 15, 2011.
Mont. Code Ann. § 75-11-313 — MT Code / Title 75 / Chapter 11 / Part 3 / Section 75-11-313
75-11-313 Petroleum tank release cleanup fund
Status: in_force

75-11-313 . Petroleum tank release cleanup fund. (1) There is a petroleum tank release cleanup fund in the state special revenue fund established in 17-2-102 . The fund is administered as a revolving fund by the board and is statutorily appropriated, as provided in 17-7-502 , for the purposes provided for under subsections (3)(c) through (3)(e). Administrative costs under subsections (3)(a) and (3)(b) must be paid pursuant to a legislative appropriation.

(2) There is deposited in the fund:

(a) all revenue from the petroleum storage tank cleanup fee as provided in 75-11-314 ;

(b) money received by the board in the form of gifts, grants, reimbursements, or appropriations, from any source, intended to be used for the purposes of this fund;

(c) money appropriated or advanced to the fund by the legislature;

(d) money loaned to the board by the board of investments; and

(e) all interest earned on money in the fund.

(3) As provided in 75-11-318 , the fund may be used only:

(a) to administer this part, including payment of board expenses associated with administration;

(b) to pay the actual and necessary department expenses associated with administration;

(c) to reimburse owners and operators for eligible costs caused by a release from a petroleum storage tank and approved by the board;

(d) to reimburse owners and operators for preventative measures approved by the board pursuant to 75-11-310 ; and

(e) for repayment of any advance and any loan made pursuant to 17-6-225 , plus interest earned on the advance or loan.

(4) Whenever the board accepts a loan from the board of investments pursuant to 17-6-225 , the receipts from the fees provided for in 75-11-314 in each fiscal year until the loan is repaid are pledged and dedicated for the repayment of the loan in an amount sufficient to meet the repayment obligation for that fiscal year."
Mont. Code Ann. § 75-11-220 — MT Code / Title 75 / Chapter 11 / Part 2 / Section 75-11-220
75-11-220 Imminent hazard
Status: in_force

75-11-220 . Imminent hazard. Upon receipt of evidence that the installation or closure of an underground storage tank system may present an imminent and substantial danger to public health or the environment, the department may commence administrative or judicial proceedings to immediately abate the danger or to restrain, order, or enjoin any person from causing the danger. The department may take other judicial or administrative action as may be necessary.
Mont. Code Ann. § 75-5-1102 — MT Code / Title 75 / Chapter 5 / Part 11 / Section 75-5-1102
75-5-1102 Definitions
Status: in_force

75-5-1102 . Definitions. Unless the context requires otherwise, in this part, the following definitions apply:

(1) "Administrative costs" means costs incurred by the department and the department of natural resources and conservation in the administration of the program, including but not limited to costs of servicing loans and issuing debt; program startup costs; financial, management, and legal consulting fees; and reimbursement costs for support services from other state agencies.

(2) "Cost" means, with reference to a project, all capital costs incurred or to be incurred by a municipality or a private person, including but not limited to engineering, construction, financing, and other fees, interest during construction, and a reasonable allowance for contingencies to the extent permitted by the federal act and regulations promulgated under the federal act.

(3) "Federal act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251 through 1387, as amended.

(4) "Intended use plan" means the annual plan adopted by the department and submitted to the environmental protection agency that describes how the state intends to use the money in the revolving fund.

(5) "Loan" means a loan of money from the revolving fund to a municipality or a private person.

(6) "Municipality" means any state agency, city, town, or other public body created pursuant to state law, including an authority as defined in 75-6-304 .

(7) "Private person" means an individual, corporation, partnership, or other nongovernmental legal entity.

(8) "Program" means the water pollution control state revolving fund program established by this part.

(9) "Project" means an activity that is eligible for financing by the program under the federal act, including treatment works, as defined under section 1292 of the federal act (33 U.S.C. 1292), and nonpoint source pollution control under section 1329 of the federal act (33 U.S.C. 1329), and for which a municipality or private person makes an application for a loan or other financial assistance.

(10) "Revolving fund" means the fund established by 75-5-1106 .
Mont. Code Ann. § 75-15-123 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-123
75-15-123 Acquisition of outdoor advertising rights -- compensation
Status: in_force

75-15-123 . Acquisition of outdoor advertising rights -- compensation. (1) The department may acquire by gift, purchase, agreement, exchange, or eminent domain existing outdoor advertising and property rights pertaining to advertising that was lawfully in existence on June 24, 1971, and that by virtue of 75-15-111 (1) is nonconforming. Eminent domain must be exercised in accordance with Title 70, chapter 30.

(2) Just compensation must be paid for outdoor advertising and property rights pertaining to the advertising acquired through the process of eminent domain. The department may remove outdoor advertising found to be in violation of 75-15-112 or 75-15-132 without payment of compensation.

(3) Except as provided in 75-15-131 and 75-15-132 , a sign may not be required to be removed unless at the time of removal or discontinuance there are sufficient funds, from whatever source, appropriated and immediately available to pay the just compensation required under this section and unless at that time the federal funds required to be contributed under 23 U.S.C. 131(g), with respect to the outdoor advertising being removed, have been apportioned and are immediately available to this state.
Mont. Code Ann. § 75-5-705 — MT Code / Title 75 / Chapter 5 / Part 7 / Section 75-5-705
75-5-705 Nonimpairment of water rights
Status: in_force

75-5-705 . Nonimpairment of water rights. Nothing in this part may be construed to divest, impair, or diminish any water right recognized pursuant to Title 85.
Mont. Code Ann. § 75-1-202 — MT Code / Title 75 / Chapter 1 / Part 2 / Section 75-1-202
75-1-202 Agency rules to prescribe fees
Status: in_force

75-1-202 . Agency rules to prescribe fees. Each agency of state government charged with the responsibility of issuing a lease, permit, contract, license, or certificate under any provision of state law may adopt rules prescribing fees that must be paid by a person, corporation, partnership, firm, association, or other private entity when an application for a lease, permit, contract, license, or certificate will require an agency to compile an environmental impact statement as prescribed by 75-1-201 and the agency has not made the finding under 75-1-205 (1)(a). An agency shall determine whether it will be necessary to compile an environmental impact statement and assess a fee as prescribed by this section within any statutory timeframe for issuance of the lease, permit, contract, license, or certificate or, if no statutory timeframe is provided, within 90 days. Except as provided in 85-2-124 , the fee assessed under this section may be used only to gather data and information necessary to compile an environmental impact statement as defined in parts 1 through 3. A fee may not be assessed if an agency intends only to file a negative declaration stating that the proposed project will not have a significant impact on Montana's environment.
Mont. Code Ann. § 75-10-1222 — MT Code / Title 75 / Chapter 10 / Part 12 / Section 75-10-1222
75-10-1222 Administrative enforcement
Status: in_force

75-10-1222 . Administrative enforcement. (1) If the department believes that a violation of this part, a rule adopted under this part, or an order issued under this part has occurred, it may serve written notice of the violation, by certified mail, on the alleged violator or the violator's agent. The notice must specify the provision of this part, the rule, or the condition of approval alleged to have been violated and the facts alleged to constitute a violation. The notice must include an order to take necessary corrective action within a reasonable period of time. The time period must be stated in the order. Service is complete on the date of mailing.

(2) If the alleged violator does not request a hearing before the board within 30 days of the date of service, the order is final. Failure to comply with a final order may subject the violator to an action commenced pursuant to 75-10-1221 .

(3) If the alleged violator requests a hearing before the board within 30 days of the date of service, the board shall schedule a hearing. After the hearing is held, the board may:

(a) affirm or modify the department's order issued under subsection (1) if the board finds that a violation has occurred; or

(b) rescind the department's order if the board finds that a violation has not occurred.

(4) An order issued by the department or the board may set a date by which the violation must cease and set a time limit for the violator to correct the violation.

(5) (a) An action initiated by the department under this section may include an administrative penalty not to exceed $500 for each day of violation. Administrative penalties collected under this section must be deposited in the account provided for in 75-10-1203 .

(b) Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001 .

(6) The contested case provisions of the Montana Administrative Procedure Act, provided for in Title 2, chapter 4, part 6, apply to a hearing under this section.
Mont. Code Ann. § 75-15-222 — MT Code / Title 75 / Chapter 15 / Part 2 / Section 75-15-222
75-15-222 Rules governing screening
Status: in_force

75-15-222 . Rules governing screening. (1) The department of transportation may adopt rules governing the materials to be used in and the location, planting, construction, and maintenance of screening or fencing required by this part.

(2) The department of transportation may determine that in the best interests of the state, screening in addition to that required by rules of the department of transportation as of July 1, 1979, is required of certain junkyards or motor vehicle wrecking facilities licensed under this title. The cost of any additional screening shall be borne or reimbursed by the department of transportation.
Mont. Code Ann. § 75-10-408 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-408
75-10-408 Variances -- renewals
Status: in_force

75-10-408 . Variances -- renewals. (1) A person who is a generator or transporter of hazardous wastes or who owns or operates a hazardous waste management facility may apply to the board for a variance or partial variance from the application of or compliance with any requirement of this part or any rule adopted under this part. The board may grant a variance or partial variance if it finds that:

(a) the applicant's actions or proposed actions regarding generation, transportation, treatment, storage, or disposal of hazardous wastes do not constitute a danger to public health or safety or cause substantially adverse environmental effects; and

(b) the application of or compliance with the requirement or rule would produce unreasonable hardship without equal or greater benefits to the public.

(2) No variance or partial variance may be granted except after public hearing on due notice and until the board has considered the relative interests of the applicant, other persons specifically affected, and the general public.

(3) No variance or partial variance may be granted for a period to exceed 1 year, but the variance or partial variance may be renewed for like periods if no complaint is made to the board because of it or if, after the complaint has been made and duly considered at a public hearing held by the board on due notice, the board finds that renewal is justified. No renewal may be granted except on application therefor. An application for renewal shall be made in the manner and upon such notice as specified in rules promulgated under this part. A renewal pursuant to this subsection shall be on the same grounds and subject to the same limitations and requirements as provided in subsection (1).

(4) A variance, partial variance, or renewal thereof is not a right of the applicant or holder thereof but shall be granted at the discretion of the board. However, a person adversely affected by a variance, partial variance, or renewal granted by the board may obtain judicial review thereof as provided by the judicial review of contested case provisions of the Montana Administrative Procedure Act.

(5) Nothing in this section and no variance, partial variance, or renewal granted pursuant to this section may be construed to prevent or limit the application of the emergency provisions and procedures of 75-10-415 .

(6) Under no conditions may a variance be granted by the board that would result in a less stringent requirement or degree of control than would be imposed by the applicable federal regulations adopted under the federal Resource Conservation and Recovery Act.
Mont. Code Ann. § 75-5-603 — MT Code / Title 75 / Chapter 5 / Part 6 / Section 75-5-603
75-5-603 Power to inspect
Status: in_force

75-5-603 . Power to inspect. The authorized representative of the department, upon presentation of the representative's credentials, may at reasonable times enter upon any public or private property to:

(1) investigate conditions relating to pollution of state waters or violations of permit conditions;

(2) have access to and copy any records required under this chapter;

(3) inspect any monitoring equipment or method required under 75-5-602 (3); and

(4) sample any effluents that the owner or operator of the source is required to sample under 75-5-602 (4).
Mont. Code Ann. § 75-10-113 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-113
75-10-113 User's fee assessed
Status: in_force

75-10-113 . User's fee assessed. In the event the revenues of a solid waste management system are insufficient to pay the costs, a local government may levy a pro rata fee against the users of the solid waste management district. The pro rata fee shall be based on a per ton, per pound, or volume assessment.
Mont. Code Ann. § 75-10-1003 — MT Code / Title 75 / Chapter 10 / Part 10 / Section 75-10-1003
75-10-1003 Definitions
Status: in_force

75-10-1003 . Definitions. As used in this part, the following definitions apply:

(1) "Disposal" or "dispose" has the meaning provided in 75-10-203 .

(2) "Generate" or "generation" means to produce infectious waste.

(3) "Infectious" means capable of producing disease. To be infectious, the following four factors simultaneously must be present:

(a) virulence, which is the ability of microorganisms to cause disease;

(b) dose, which is microorganisms in a quantity sufficient to cause infection;

(c) portal of entry, which is an opening or route of access into a human body; and

(d) host susceptibility, which means the host's natural resistance is incapable of preventing infection.

(4) "Infectious waste" means waste capable of producing infectious disease. Infectious waste includes but is not limited to:

(a) cultures and stocks of infectious agents and associated biologicals;

(b) human pathological waste, including tissues, organs, and body parts removed during surgery or an autopsy;

(c) free-flowing waste human blood and products of blood, including serum, plasma, and other blood components and items soaked or saturated with blood; and

(d) sharps that have been used in patient care, medical research, or industrial laboratories.

(5) "Intermediate point" means a place where infectious waste is not treated or disposed of.

(6) "Person" means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not.

(7) "Sharps" means any discarded health care article that may cause punctures or cuts, including but not limited to:

(a) broken glass that may be contaminated with blood;

(b) needles; and

(c) scalpel blades.

(8) "Steam sterilization" means a treatment method for infectious waste using saturated steam within a pressure vessel (known as a steam sterilizer, autoclave, or retort) at a time, for a period of time, and at a temperature sufficient to kill infectious agents within the waste.

(9) "Storage" or "store" means to hold for a temporary period.

(10) "Transport" or "transportation" means to move infectious waste from the point of generation to any intermediate point or to the point of ultimate treatment or disposal.

(11) "Treat" or "treatment" means to apply a method, technique, or process, including incineration, designed to render infectious waste sterile.
Mont. Code Ann. § 75-5-1105 — MT Code / Title 75 / Chapter 5 / Part 11 / Section 75-5-1105
75-5-1105 Rulemaking
Status: in_force

75-5-1105 . Rulemaking. The department and the department of natural resources and conservation may adopt rules to implement the provisions of this part, including rules:

(1) prescribing the form and content of applications for loans and refinancing agreements;

(2) governing the application of the criteria for awarding loans;

(3) establishing additional terms and conditions for the making of loans and the security instruments and other necessary agreements; and

(4) establishing ceilings on the amount of individual loans to be made to municipalities and private persons, if considered appropriate and necessary for the successful administration of the program.
Mont. Code Ann. § 75-2-517 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-517
75-2-517 Injunctions
Status: in_force

75-2-517 . Injunctions. The department may institute and maintain in the name of the state, actions for injunctive relief, as provided in Title 27, chapter 19, to:

(1) immediately restrain a person from engaging in an unauthorized activity that is endangering or causing damage to public health or the environment;

(2) enjoin a violation of this part, a rule adopted under this part, an order issued under this part, or a permit issued under this part, without the necessity of prior revocation of the permit; or

(3) require compliance with this part, a rule adopted under this part, or a permit or order issued under this part.
Mont. Code Ann. § 75-1-211 — MT Code / Title 75 / Chapter 1 / Part 2 / Section 75-1-211
75-1-211 Greenhouse gas assessment
Status: in_force

75-1-211 . Greenhouse gas assessment. (1) Except as provided in 75-1-201 (3), a state agency, when conducting an environmental review in accordance with parts 1 through 3:

(a) may conduct a greenhouse gas assessment in accordance with 75-1-201 for a proposed action if the agency determines the assessment is necessary to meet the requirements of parts 1 through 3; or

(b) shall conduct a greenhouse gas assessment in accordance with 75-1-201 for a proposed action that is defined as a fossil fuel activity as provided in 75-1-220 .

(2) A greenhouse gas assessment is not required for a proposed action exempted from review under parts 1 through 3 or for categorical exclusions as provided in agency rules, programmatic review, or statute.
Mont. Code Ann. § 75-1-324 — MT Code / Title 75 / Chapter 1 / Part 3 / Section 75-1-324
75-1-324 Duties of environmental quality council
Status: in_force

75-1-324 . Duties of environmental quality council. The environmental quality council shall:

(1) gather timely and authoritative information concerning the conditions and trends in the quality of the environment, both current and prospective, analyze and interpret the information for the purpose of determining whether the conditions and trends are interfering or are likely to interfere with the achievement of the policy set forth in this chapter, and compile and submit to the governor and the legislature studies relating to the conditions and trends;

(2) review and appraise the various programs and activities of the state agencies, in the light of the policy set forth in this chapter, for the purpose of determining the extent to which the programs and activities are contributing to the achievement of the policy and make recommendations to the governor and the legislature with respect to the policy;

(3) develop and recommend to the governor and the legislature state policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the state;

(4) conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;

(5) document and define changes in the natural environment, including the plant and animal systems, and accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying causes;

(6) make and furnish studies, reports on studies, and recommendations with respect to matters of policy and legislation as the legislature requests;

(7) analyze legislative proposals in clearly environmental areas and in other fields in which legislation might have environmental consequences and assist in preparation of reports for use by legislative committees, administrative agencies, and the public;

(8) consult with and assist legislators who are preparing environmental legislation to clarify any deficiencies or potential conflicts with an overall ecologic plan;

(9) review and evaluate operating programs in the environmental field in the several agencies to identify actual or potential conflicts, both among the activities and with a general ecologic perspective, and suggest legislation to remedy the situations; and

(10) except as provided in 5-5-231 , perform the administrative rule review, draft legislation review, program evaluation, and monitoring functions of an interim committee for the following executive branch agencies and the entities attached to the agencies for administrative purposes:

(a) department of environmental quality;

(b) department of fish, wildlife, and parks; and

(c) department of natural resources and conservation.
Mont. Code Ann. § 75-20-404 — MT Code / Title 75 / Chapter 20 / Part 4 / Section 75-20-404
75-20-404 Enforcement of chapter by residents
Status: in_force

75-20-404 . Enforcement of chapter by residents. (1) A resident of this state with knowledge that a requirement of this chapter or a rule adopted under it is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of the public officer or employee by a written statement under oath that must state the specific facts of the failure to enforce the requirement or rule. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed under the law of perjury.

(2) If the public officer or employee neglects or refuses for an unreasonable time after receipt of the statement to enforce the requirement or rule, the resident may bring an action of mandamus in the district court of the first judicial district of this state, in and for the county of Lewis and Clark. If the court finds that a requirement of this chapter or a rule adopted under it is not being enforced, the court may order the public officer or employee whose duty it is to enforce the requirement or rule to perform the officer's or employee's duties. If the public officer or public employee fails to do so, the public officer or employee must be held in contempt of court and is subject to the penalties provided by law.
Mont. Code Ann. § 75-10-542 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-542
75-10-542 Penalties
Status: in_force

75-10-542 . Penalties. (1) A person who purposely or knowingly violates this part, except 75-10-520 , is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $250, be imprisoned in the county jail for a term not to exceed 30 days, or both.

(2) A person who violates a provision of this part, except 75-10-520 , a rule of the department, or an order issued as provided in this part is subject to an administrative penalty of not more than $50 or a civil penalty of not more than $250. Each day upon which a violation of this part, a rule, or an order occurs is a separate violation.

(3) Penalties assessed under subsection (2) must be determined in accordance with the penalty factors in 75-1-1001 . The penalties provided for in this section are recoverable in an enforcement or collection action brought by the department. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
Mont. Code Ann. § 75-5-616 — MT Code / Title 75 / Chapter 5 / Part 6 / Section 75-5-616
75-5-616 Enforcement of permits and chapter
Status: in_force

75-5-616 . Enforcement of permits and chapter. The department shall take actions that are authorized under this part to ensure that the terms and conditions of issued permits are complied with and to ensure that violations of this chapter are appropriately prosecuted.
Mont. Code Ann. § 75-10-623 — MT Code / Title 75 / Chapter 10 / Part 6 / Section 75-10-623
75-10-623 CERCLA bonds
Status: in_force

75-10-623 . CERCLA bonds. (1) When authorized by the legislature and within limits of the authorization and the further limitations established in this section, the board of examiners may issue and sell CERCLA bonds of the state in the amount and manner it considers necessary and proper to fund state participation in remedial action under section 104 of CERCLA, as amended, state costs for maintenance of sites at which remedial action under CERCLA has been completed, the state share required to obtain matching federal funds for underground storage tank corrective action, and costs of issuing the bonds or notes. The full faith and credit and taxing powers of the state are pledged for the prompt and full payment of all bonds issued and interest and redemption premiums payable on the bonds according to their terms.

(2) Each series of CERCLA bonds may be issued by the board of examiners upon request of the department of environmental quality, at public or private sale, in the denominations and forms, whether payable to bearer with attached interest coupons or registered as to principal or as to both principal and interest, with provisions for conversion or exchange and for the issuance of notes in anticipation of the issuance of definitive bonds, bearing interest at a rate or rates, maturing at a rate or rates, maturing at the time or times not exceeding 30 years from date of issue, subject to optional or mandatory redemption at earlier times and prices and upon notice, with provisions for payment and discharge by the deposit of funds or securities in escrow for that purpose, and payable at the office of the banking institution or institutions within or outside the state, as the board of examiners determines, subject to the limitations contained in 17-5-731 and this section.

(3) In the issuance of each series of CERCLA bonds, the interest rates, maturities, and any mandatory redemption provisions of the bonds must be established in a manner that the funds then specifically pledged and appropriated by law to the CERCLA match debt service fund will, in the judgment of the board of examiners, be received in an amount sufficient in each year to pay all principal, redemption premiums, and interest due and payable in that year with respect to that and all prior series of the bonds, except outstanding bonds as to which the obligation of the state has been discharged by the deposit of funds or securities sufficient for their payment in accordance with the terms of the resolutions by which they are authorized to be issued.

(4) In all other respects, the board of examiners is authorized to prescribe the form and terms of the bonds and notes and shall do whatever is lawful and necessary for their issuance and payment. The bonds, notes, and any interest coupons appurtenant to the bonds and notes must be signed by the members of the board of examiners, and the bonds and notes must be issued under the great seal of the state of Montana. The bonds, notes, and coupons may be executed with facsimile signatures and seal in the manner and subject to the limitations prescribed by law. The state treasurer shall keep a record of all the bonds and notes issued and sold.

(5) All proceeds of bonds or notes issued under this section must be deposited in the hazardous waste/CERCLA special revenue account established in 75-10-621 .

(6) All actions taken by the board of examiners under this section must be authorized by a vote of a majority of the members.
Mont. Code Ann. § 75-11-511 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-511
75-11-511 Regulated substance inventory
Status: in_force

75-11-511 . Regulated substance inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where regulated substances have been stored or disposed of at any time.

(2) If the department determines that the presence of a regulated substance or the release of the regulated substance may present a substantial hazard to the public health or to the environment, it may issue an order requiring the owner or operator of the site to conduct reasonable monitoring, testing, analysis, and reporting with respect to the site in order to ascertain the nature and extent of the hazard.

(3) An order issued under subsection (2) must require that the person to whom the order is issued submit to the department within 30 days a proposal for carrying out the required monitoring, testing, analysis, and reporting.

(4) If the department determines that the owner or operator referred to in subsection (2) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.

(5) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-11-510 .
Mont. Code Ann. § 75-6-231 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-231
75-6-231 Intended use plan -- advisory committee
Status: in_force

75-6-231 . Intended use plan -- advisory committee. (1) The department shall prepare an annual intended use plan for the state that meets the requirements of section 300j-12(b) of the federal act, 42 U.S.C. 300j-12(b).

(2) The intended use plan must include:

(a) a list of projects in the state that are eligible for assistance, including both the priority assigned to each project based on public health needs and on the financial needs of the project and, to the extent known, the expected funding schedule for each project; and

(b) a description of the funds to be allocated to activities under 75-6-212 and 75-6-221 (2) and funds to be transferred to or received by the water pollution control state revolving fund, as allowed in 75-6-211 (5), for the annual fiscal period following publication of the intended use plan.

(3) Before finalizing an intended use plan, the department shall prepare a draft document containing the information required in subsection (2) and shall provide public notice and opportunity to comment on the draft document.

(4) (a) Following the public comment period provided for in subsection (3) and any department modifications to the intended use plan resulting from the public comment, a summary of the public comment and the intended use plan must be presented for review, comment, and recommendations to an advisory committee formed by the department and consisting of six individuals from the following entities appointed by their respective presiding officers, directors, or executive officials:

(i) one member from the Montana league of cities and towns;

(ii) one member from the Montana association of counties;

(iii) one member from the department of natural resources and conservation;

(iv) one member from the department of environmental quality; and

(v) two members from the legislature. One member must be from the house of representatives and one from the senate, and subject to 5-5-234 , one must be from the majority party and one must be from the minority party.

(b) The advisory committee is attached to the department for administrative purposes only.

(5) The department shall address in writing any comments and recommendations provided by the advisory committee provided for in subsection (4) before finalizing an intended use plan and prior to awarding any contracts under 75-6-212 (1)(g).
Mont. Code Ann. § 75-5-320 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-320
75-5-320 Temporary water quality standards variances
Status: in_force

75-5-320 . Temporary water quality standards variances. (1) Except as provided in 75-5-222 (2), the department may adopt rules providing criteria and procedures for the department to issue a temporary variance to water quality standards if:

(a) a variance will not result in a lowering of currently attained, ambient water quality;

(b) the department rules are consistent, as necessary, with federal rules that authorize states to adopt variances from standards, including but not limited to 40 CFR 131.14; and

(c) (i) a permittee cannot reasonably expect to meet a water quality standard during the permit term for which the variance is approved; and

(ii) a permit compliance schedule is not feasible to preclude the need for a variance during the permit term for which the variance is approved.

(2) In order to receive a temporary variance, a permittee shall evaluate facility operations and infrastructure to maximize pollutant reduction through an optimization study. The variance must require the implementation of optimization study actions as terms and conditions of the discharge permit.

(3) The department shall review a temporary variance issued pursuant to this section at least once every 5 years and may continue, modify, or terminate the temporary variance as a result of the review.
Mont. Code Ann. § 75-11-706 — MT Code / Title 75 / Chapter 11 / Part 7 / Section 75-11-706
75-11-706 Site access
Status: in_force

75-11-706 . Site access. Upon presentation of the proper credentials, an authorized representative of the department may enter any building, property, premises, place, or facility where brownfield redevelopment or environmental remediation activities are being performed or have been performed for the purpose of making an inspection to ensure compliance by any person pursuant to the provisions of this part or rules promulgated pursuant to this part.
Mont. Code Ann. § 75-10-250 — MT Code / Title 75 / Chapter 10 / Part 2 / Section 75-10-250
75-10-250 Baled waste tires prohibited -- exception -- department rules
Status: in_force

75-10-250 . Baled waste tires prohibited -- exception -- department rules. (1) Waste tires that are mechanically compressed or baled and bound together with cable, straps, wires, or other nonpermanent mechanical devices may not be used for any aboveground purpose within 500 feet of any road, commercial business, or private residence without the consent of the owner of the business or residence unless they are encased in a material that will maintain the integrity of the bale upon failure of the bale restraining devices. Notwithstanding any other provision of law, the department shall adopt rules authorizing other aboveground uses for baled waste tires, whether or not they are defined as solid waste.

(2) Baled waste tires, as described in subsection (1), may not be placed under water under any circumstances or in a location where they are likely to enter any state waters.

(3) A bale of waste tires that loses its integrity is solid waste and is subject to disposal requirements and penalties as provided in this part.
Mont. Code Ann. § 75-2-202 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-202
75-2-202 Department to set ambient air quality standards
Status: in_force

75-2-202 . Department to set ambient air quality standards. (1) The department shall establish ambient air quality standards for the state.

(2) Ambient air quality standards for fluorides must be established through limitations upon the concentration of fluorides in forage grasses, hay, and silage.
Mont. Code Ann. § 75-2-424 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-424
75-2-424 Adjustment of fee
Status: in_force

75-2-424 . Adjustment of fee. (1) The department shall adjust from time to time the amount of the penalty assessment calculated or the payment schedule proposed by such owner or operator under 75-2-425 (2)(a) if the department finds after notice and opportunity for a hearing on the record that the penalty or schedule does not meet the requirements of 75-2-421 through 75-2-429 .

(2) Upon making a determination that a source with respect to which a penalty has been paid under 75-2-421 through 75-2-429 is in compliance and is maintaining compliance with the applicable requirement, the department shall review the actual expenditures made by the owner or operator of such source for the purpose of attaining and maintaining compliance and shall make a final adjustment within 180 days after such source comes into compliance and:

(a) provide reimbursement with interest to be paid by the state at appropriate prevailing rates for overpayment by such person; or

(b) assess and collect an additional payment with interest at appropriate prevailing rates for any underpayment by such person.
Mont. Code Ann. § 75-11-320 — MT Code / Title 75 / Chapter 11 / Part 3 / Section 75-11-320
75-11-320 Other authorities unaffected
Status: in_force

75-11-320 . Other authorities unaffected. Payment of reimbursement, approval of a corrective action plan, or other action of the department or the board under this part does not affect the authority of the department or any other state agency to pursue an action authorized by Title 75, chapter 10, parts 4 or 7, or any other law or rule that applies to releases from petroleum storage tanks.
Mont. Code Ann. § 75-7-218 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-218
75-7-218 Lakeshore protection zone statute of limitations -- exemptions from future permitting
Status: in_force

75-7-218 . Lakeshore protection zone statute of limitations -- exemptions from future permitting. (1) (a) As applied to any clearly visible boat ramp, boat house, boat shore station, boat rail system, dock system, pier, wharf, retaining wall, road, or other structure located within the lakeshore protection zone, the period prescribed for the commencement of an action against a property owner or the property owner's contractor for a violation of lakeshore regulations adopted pursuant to 75-7-207 is within 3 years of completion of construction or issuance of the permit, whichever occurs later.

(b) The limitation set forth in subsection (1)(a) does not apply to an item that was constructed illegally and that:

(i) causes documented, material harm to lakeshore stability, water quality, or aquatic life;

(ii) materially interferes with navigation or other lawful recreation activities; or

(iii) creates a documented public nuisance.

(2) (a) Minor ongoing maintenance, minor remodeling, or minor modifications to the items described in subsection (1)(a) are exempt from lakeshore protection review unless the activity involves significant excavation, dredging, in-fill of material, diminishment of aquatic life, or interference with navigation or lawful recreation activities.

(b) For the purposes of subsection (2)(a), "minor" means a change to an item described in subsection (1)(a) that is less than $10,000 over a 5-year period, exclusive of personal services provided by the property owner or another individual at no cost to the property owner.

(3) This section may not be construed to prevent the local governing body or state from compensating a property owner to remove or alter any of the items described in subsection (1)(a) if the governing body or state believes it is in the best interests of lakeshore protection and aquatic life.
Mont. Code Ann. § 75-11-224 — MT Code / Title 75 / Chapter 11 / Part 2 / Section 75-11-224
75-11-224 Criminal penalties
Status: in_force

75-11-224 . Criminal penalties. (1) Any owner or operator who knowingly installs or closes an underground storage tank system without a permit and either an inspection or the use of the services of a licensed installer as required in 75-11-209 ; any installer who knowingly installs or closes an underground storage tank system without being licensed; or any person who knowingly makes any false statements or representations in any application, permit, report, licensing form, or other document filed or maintained as required by this part or required by rules adopted under this part is subject to a fine not to exceed $10,000 for each violation or imprisonment not to exceed 6 months, or both. Each day of violation constitutes a separate violation.

(2) A person convicted of a second or subsequent criminal violation is subject to a fine not to exceed $20,000 for each violation or imprisonment not to exceed 1 year, or both. Each day of violation constitutes a separate violation.

(3) Action under this section does not bar enforcement of this part, rules adopted under this part, orders of the department or the board, or terms of a license or permit by injunction or other appropriate remedy.
Mont. Code Ann. § 75-5-405 — MT Code / Title 75 / Chapter 5 / Part 4 / Section 75-5-405
75-5-405 Voluntary filing of performance bond -- terms -- hearing
Status: in_force

75-5-405 . Voluntary filing of performance bond -- terms -- hearing. (1) A person who holds or has applied for a permit pursuant to 75-5-401 may voluntarily file a performance bond or other surety with the department for an amount sufficient to enable the state to reclaim the land disturbed by the project or activity authorized by the permit in accordance with all permit requirements and as needed to prevent pollution of state waters.

(2) If the department determines that the bonding level does not represent the present cost of reclaiming the disturbed land according to the reclamation requirements specified in the permit and the present cost of preventing pollution of state waters, the department shall notify the permittee and the permittee may modify the amount of the bond to accurately reflect the present cost.

(3) The department may not release all or any portion of a performance bond or other surety filed pursuant to this section until reclamation of the disturbed land has been completed to the satisfaction of the department and the department has determined that pollution of state waters has not occurred. The department may initiate bond forfeiture proceedings if the permittee fails to satisfactorily reclaim the disturbed land or prevent pollution of state waters.

(4) The department may not release a bond or other surety filed pursuant to this section until the public has been provided an opportunity for a hearing.
Mont. Code Ann. § 75-10-419 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-419
75-10-419 Department designated agency for federal program participation -- interstate cooperation
Status: in_force

75-10-419 . Department designated agency for federal program participation -- interstate cooperation. (1) The department is designated as the official agency for the state for all purposes of the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended, and for the purpose of such other state or federal legislation as has or may be enacted after October 1, 1981, to assist in the management of hazardous wastes.

(2) The legislature of this state encourages cooperative activities by the department with other states for the improved management of hazardous wastes and, so far as is practicable, encourages the adoption of uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes. The department may enter into agreements with the responsible authorities of the United States and of other states, subject to approval by the governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this part and may carry out the agreements.
Mont. Code Ann. § 75-20-408 — MT Code / Title 75 / Chapter 20 / Part 4 / Section 75-20-408
75-20-408 Penalties for violation of chapter -- civil actions to enforce
Status: in_force

75-20-408 . Penalties for violation of chapter -- civil actions to enforce. (1) (a) Whoever commences to construct or operate a facility without first obtaining a certificate required under 75-20-201 or a waiver of the certificate under 75-20-304 (2) or, having first obtained a certificate, constructs, operates, or maintains a facility not in compliance with the certificate or violates any other provision of this chapter or any rule or order adopted under this chapter or knowingly submits false information in any report, 10-year plan, or application required by this chapter or rule or order adopted under this chapter or causes any of the aforementioned acts to occur is liable for a civil penalty of not more than $10,000 for each violation. Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001 .

(b) Each day of a continuing violation constitutes a separate offense.

(c) Penalties are recoverable in an action brought by the department. The action must be brought in the district court of the county in which the violation occurred or, if mutually agreed on by the parties in the action, in the district court of the first judicial district, Lewis and Clark County.

(2) Whoever purposely or knowingly violates subsection (1) shall be fined not more than $10,000 for each violation or imprisoned for not more than 1 year, or both. Each day of a continuing violation constitutes a separate offense.

(3) In addition to any penalty provided in subsection (1) or (2), whenever the department determines that a person is violating or is about to violate any of the provisions of this section, it may bring a civil action on behalf of the state in the district court of the first judicial district of Montana, if mutually agreed on by the parties in the action, or in the district court of the county in which the violation occurred or imminent violation will occur, for injunctive or other appropriate relief against the violation and to enforce this chapter or a certificate issued under this chapter. Upon a proper showing, a permanent or preliminary injunction or temporary restraining order must be granted without bond.

(4) All fines and penalties collected must be deposited in the state special revenue fund for the use of the department in administering this chapter.
Mont. Code Ann. § 75-5-402 — MT Code / Title 75 / Chapter 5 / Part 4 / Section 75-5-402
75-5-402 Duties of department
Status: in_force

75-5-402 . Duties of department. The department shall:

(1) issue, suspend, revoke, modify, or deny permits to discharge sewage, industrial wastes, or other wastes into state waters, consistently with rules made by the department;

(2) examine plans and other information needed to determine whether a permit should be issued or suggest changes in plans as a condition to the issuance of a permit;

(3) clearly specify in any permit any limitations imposed as to the volume, strength, and other significant characteristics of the waste to be discharged; and

(4) establish as conditions to the issuance of permits for which a performance bond or other surety is filed under 75-5-405 certain reclamation requirements sufficient to prevent pollution of state waters during and after operation of the project or activity for which a permit is issued.
Mont. Code Ann. § 75-6-204 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-204
75-6-204 Authorization of agreement -- content
Status: in_force

75-6-204 . Authorization of agreement -- content. (1) The department may enter into a capitalization grant agreement or other agreement with the environmental protection agency to implement the program and may accept from that agency other grants and loans to carry out the program.

(2) In entering into an agreement, the director of the department may commit the state to:

(a) accept grant payments from the environmental protection agency in accordance with the schedule established by the administrator of that agency and deposit the payments in the revolving fund established in 75-6-211 ;

(b) deposit in the revolving fund from state money an amount equal to at least 20% of the total amount of all capitalization grants made to the state as provided by 75-6-211 on or before the date on which each federal grant payment is made to the state;

(c) deposit in the nonproject account for department programs authorized under section 300j-12(g)(2) of the federal act (42 U.S.C. 300j-12(g)(2)) a state match equal dollar-for-dollar to the capitalization grant deposited in the account;

(d) provide financial and technical assistance to a public water system in accordance with this part in an amount equal to 120% of the amount of each grant payment within a period not to exceed 1 year after receipt of a grant;

(e) expend all funds in the revolving fund in an expeditious and timely manner;

(f) use all funds deposited in the revolving fund as a result of the capitalization grant to ensure progress, as determined by the governor, toward compliance with enforceable deadlines, goals, and requirements of the federal act;

(g) expend each grant payment in accordance with the laws and procedures applicable to commitment or expenditure of revenue of the state;

(h) use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards;

(i) make biennial reports and provide annual audits to the environmental protection agency concerning the use of the revolving fund as required by the federal act; and

(j) any other covenants, commitments, and obligations necessary to ensure that the state's administration of the program is consistent with the provisions of this part and the federal act.

(3) As a condition of making a loan or providing other financial assistance from the revolving fund, the department shall require that the public water system maintain project accounts in accordance with generally accepted government accounting standards.
Mont. Code Ann. § 75-2-501 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-501
75-2-501 Short title
Status: in_force

75-2-501 . Short title. This part may be cited as the "Asbestos Control Act".
Mont. Code Ann. § 75-10-413 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-413
75-10-413 Administrative enforcement
Status: in_force

75-10-413 . Administrative enforcement. (1) When the department believes that a violation of this part, a rule adopted under this part, or a permit provision has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator's agent. The notice must specify the provision of this part, the rule, or the permit provision alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time stated in the order. The order becomes final unless, within 30 days after the notice is served, the person named requests, in writing, a hearing before the board. On receipt of the request, the board shall schedule a hearing. Service by mail is complete on the date of mailing.

(2) If, after a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or modify the department's order. An order issued by the department or by the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after hearing, the board finds that a violation has not occurred, it shall rescind the department's order.

(3) In addition to or instead of issuing an order pursuant to subsection (1), the department may:

(a) require the alleged violator to appear before the board or department, by subpoena or subpoena duces tecum, for a hearing at a time and place specified in the notice to answer the charges complained of or to provide information regarding the alleged violation or its actual or potential impact on public health and welfare or the environment; or

(b) initiate action under 75-10-414 , 75-10-417 , or 75-10-418 .

(4) In the case of disobedience of any subpoena issued and served under this section or of the refusal of any witness to testify as to any material matter with regard to which the witness may be interrogated in a hearing or investigation before the board or the department, the board or department may apply to any district court in the state for an order to compel compliance with the subpoena or the giving of testimony. The court shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unjustified, the court shall enter an order requiring compliance. Disobedience of the order is punishable by contempt of court in the same manner and by the same procedures as is provided for like conduct committed in the course of civil actions in district court.

(5) This section does not prevent the board or department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.
Mont. Code Ann. § 75-2-514 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-514
75-2-514 Civil penalties -- venue for actions to recover
Status: in_force

75-2-514 . Civil penalties -- venue for actions to recover. (1) (a) A district court may assess a civil penalty of not more than $25,000 a day upon a person that violates any provision of this part, a rule adopted under this part, or a permit or order issued under this part. In the case of a continuing violation, each day the violation continues constitutes a separate violation.

(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001 .

(2) An action under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.

(3) Penalties provided for in subsection (1) are recoverable in an action brought by the department. The action must be filed in the district court of the county in which the violation occurred.
Mont. Code Ann. § 75-6-325 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-325
75-6-325 Statutory mortgage lien
Status: in_force

75-6-325 . Statutory mortgage lien. There is a statutory mortgage lien upon the water supply, wastewater transportation, or treatment system of the authority. The lien exists in favor of the holders of bonds authorized to be issued pursuant to this part, and each holder and the system remain subject to the statutory mortgage lien until payment in full of all principal of and interest on the bonds.
Mont. Code Ann. § 75-3-607 — MT Code / Title 75 / Chapter 3 / Part 6 / Section 75-3-607
75-3-607 Radon control account
Status: in_force

75-3-607 . Radon control account. (1) There is a radon control account in the state special revenue fund. There must be deposited in the account all money received from any loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of this part that are received from public or private sources, except for money received from the federal government.

(2) Funds in the account are allocated to the department for the purpose of funding the costs of implementing and operating the program established under this part.
Mont. Code Ann. § 75-6-114 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-114
75-6-114 Civil penalty
Status: in_force

75-6-114 . Civil penalty. (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this part or a rule, order, or condition of approval issued under this part, the person is subject to a civil penalty not to exceed $10,000. The action must be filed in the district court of the county in which the violation occurred.

(2) Each day of violation constitutes a separate violation.

(3) Action under this section does not bar enforcement of this part or a rule, order, or condition of approval issued under this part by injunction or other appropriate remedy.

(4) When seeking penalties under this section, the department shall take into account the penalty factors in 75-1-1001 in determining an appropriate settlement or judgment, as appropriate.

(5) Civil penalties collected pursuant to this section must be deposited in the state general fund.
Mont. Code Ann. § 75-10-111 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-111
75-10-111 State solid waste management and resource recovery plan -- hearings
Status: in_force

75-10-111 . State solid waste management and resource recovery plan -- hearings. The department shall adopt the solid waste management and resource recovery plan required in 75-10-104 and 75-10-807 according to the rulemaking procedures of the Montana Administrative Procedure Act under Title 2, chapter 4, part 3. The department shall prepare the plan in conjunction with local governments in the state, citizens, solid waste and recycling industries, environmental organizations, and others involved or interested in the management of solid waste. Within 3 days after the notice of proposed rulemaking to adopt the plan is published pursuant to Title 2, chapter 4, part 3, the department shall mail a copy of the notice and the proposed plan to the board of county commissioners in each county in the state, the governing body of every incorporated city or town in the state, any person responsible for the operation of a solid waste management system under the provisions of Title 75, chapter 10, parts 1 and 2, the governor, the environmental quality council in accordance with 5-11-210 , and any other interested person. During the period for receipt of comments on the proposed rulemaking concerning the plan, the department shall hold at least one public hearing.
Mont. Code Ann. § 75-5-610 — MT Code / Title 75 / Chapter 5 / Part 6 / Section 75-5-610
75-5-610 Written undertaking
Status: in_force

75-5-610 . Written undertaking. (1) Except as provided in subsection (2), if the person requesting a hearing under 75-5-611 is not the applicant or permittee of an energy development project, the district court shall require a written undertaking to be given by the party requesting the hearing for the payment of costs and damages incurred by the applicant or permittee if the request for judicial review was for an improper purpose designed to harass, cause unnecessary delay, or improperly interfere with the issuance of the permit without a reasonable basis in law or fact.

(2) The district court may not require a written undertaking if the party requesting the hearing is an indigent person.
Mont. Code Ann. § 75-2-513 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-513
75-2-513 Records
Status: in_force

75-2-513 . Records. A person engaged in an asbestos project shall maintain the records required by department rule concerning the nature of project activities.
Mont. Code Ann. § 75-7-102 — MT Code / Title 75 / Chapter 7 / Part 1 / Section 75-7-102
75-7-102 Intent -- policy
Status: in_force

75-7-102 . Intent -- policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Natural Streambed and Land Preservation Act of 1975. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.

(2) It is the policy of the state of Montana that its natural rivers and streams and the lands and property immediately adjacent to them within the state are to be protected and preserved to be available in their natural or existing state and to prohibit unauthorized projects and, in so doing, to keep soil erosion and sedimentation to a minimum, except as may be necessary and appropriate after due consideration of all factors involved. Further, it is the policy of this state to recognize the needs of irrigation and agricultural use of the rivers and streams of the state of Montana and to protect the use of water for any useful or beneficial purpose as guaranteed by The Constitution of the State of Montana.
Mont. Code Ann. § 75-5-704 — MT Code / Title 75 / Chapter 5 / Part 7 / Section 75-5-704
75-5-704 Watershed advisory groups
Status: in_force

75-5-704 . Watershed advisory groups. (1) In implementing the consultation requirements under 75-5-702 (4) and 75-5-703 (1) and (2), the department shall request the participation of representatives of the following interest groups to work in an advisory capacity with the local conservation districts and the department:

(a) livestock-oriented agriculture;

(b) farming-oriented agriculture;

(c) conservation or environmental interests;

(d) water-based recreationists;

(e) the forestry industry;

(f) municipalities;

(g) affected or potentially affected point source dischargers;

(h) mining;

(i) existing local watershed groups;

(j) federal land management agencies;

(k) state trust land management agencies;

(l) the tourism industry;

(m) the hydroelectric industry, if applicable; and

(n) fishing-related businesses.

(2) In implementing the consultation requirements of 75-5-702 and 75-5-703 , the department shall:

(a) prior to consultation with the statewide TMDL advisory group pursuant to 75-5-702 (7) and (8), schedule meetings with appropriate local conservation districts and the watershed advisory groups at a location within their affected geographic area to review and revise the list of water bodies provided for in 75-5-702 ; and

(b) at a meeting held pursuant to subsection (2)(a), request whether there is new information that may affect the listing or priority ranking on water bodies within the affected area and solicit comments on revising the list.

(3) Based upon the information provided pursuant to subsection (2)(b), the department shall revise the list according to 75-5-702 .

(4) Prior to and during the development of a TMDL within a particular watershed or basin, the department shall schedule a meeting or meetings with appropriate local conservation districts and watershed advisory groups at a location within the affected geographic area in order to solicit comments on developing the TMDL and information on sources that may be contributing to water quality impairment.
Mont. Code Ann. § 75-10-515 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-515
75-10-515 Appeals
Status: in_force

75-10-515 . Appeals. A decision by the department to issue, deny, or revoke a motor vehicle wrecking facility or graveyard license may be appealed to the board within 30 days after receipt of official notice of the department's decision.
Mont. Code Ann. § 75-10-721 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-721
75-10-721 Degree of cleanup required -- permit exemption -- financial assurance
Status: in_force

75-10-721 . Degree of cleanup required -- permit exemption -- financial assurance. (1) A remedial action performed under this part or a voluntary cleanup under 75-10-730 through 75-10-738 must attain a degree of cleanup of the hazardous or deleterious substance and control of a threatened release or further release of that substance that assures protection of public health, safety, and welfare and of the environment.

(2) In approving or carrying out remedial actions performed under this part, the department:

(a) except as provided in subsection (4), shall require cleanup consistent with applicable state or federal environmental requirements, criteria, or limitations;

(b) may consider substantive state or federal environmental requirements, criteria, or limitations that are relevant to the site conditions; and

(c) shall select remedial actions, considering present and reasonably anticipated future uses, giving due consideration to institutional controls, that:

(i) demonstrate acceptable mitigation of exposure to risks to the public health, safety, and welfare and the environment;

(ii) are effective and reliable in the short term and the long term;

(iii) are technically practicable and implementable;

(iv) use treatment technologies or resource recovery technologies if practicable, giving due consideration to engineering controls; and

(v) are cost-effective.

(3) In selecting remedial actions, the department shall consider the acceptability of the actions to the affected community, as indicated by community members and the local government.

(4) The department may select a remedial action that does not meet an applicable state environmental requirement, criteria, or limitation under any one of the following circumstances:

(a) The remedial action is an interim measure and will become part of a total remedial action that will attain the applicable requirement, criteria, or limitation.

(b) Compliance with the applicable requirement, criteria, or limitation will result in greater risk to human health and the environment than other remedial action alternatives.

(c) Compliance with the applicable requirement, criteria, or limitation is technically impracticable from an engineering perspective.

(d) The remedial action will attain a standard of performance that is equivalent to that required under the otherwise applicable requirement, criteria, or limitation through use of another method or approach.

(e) Compliance with the requirement would not be cost-effective.

(5) For purposes of this section, cost-effectiveness must be determined through an analysis of incremental costs and incremental risk reduction and other benefits of alternatives considered, taking into account the total anticipated short-term and long-term costs of remedial action alternatives considered, including the total anticipated cost of operation and maintenance activities.

(6) The department may exempt any portion of a remedial action that is conducted entirely on site from a state or local permit that would, in the absence of the remedial action, be required if the remedial action is carried out in accordance with the standards established under this section and this part.

(7) The department may require financial assurance from a liable person in an amount that the department determines will ensure the long-term operation and maintenance of the remedial action site. The liable person shall provide the financial assurance by any one method or combination of methods satisfactory to the department, including but not limited to insurance, guarantee, performance or other surety bond, letter of credit, qualification as a self-insurer, or other demonstration of financial capability.
Mont. Code Ann. § 75-6-227 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-227
75-6-227 Creation of debt
Status: in_force

75-6-227 . Creation of debt. The legislature, through enactment of this section, authorizes the creation of state debt in an amount not to exceed $50 million in principal amount of general obligation bonds outstanding from time to time for the purpose of:

(1) funding the drinking water program; and

(2) funding portions of loans on an interim basis pending receipt of:

(a) grant payments from the environmental protection agency for which federal legislation appropriating the proceeds of the grants has been enacted; or

(b) other revenue for the program.
Mont. Code Ann. § 75-1-206 — MT Code / Title 75 / Chapter 1 / Part 2 / Section 75-1-206
75-1-206 Multiple applications or combined facility
Status: in_force

75-1-206 . Multiple applications or combined facility. In cases where a combined facility proposed by an applicant requires action by more than one agency or multiple applications for the same facility, the governor shall designate a lead agency to collect one fee pursuant to this part, to coordinate the preparation of information required for all environmental impact statements which may be required, and to allocate and disburse the necessary funds to the other agencies which require funds for the completion of the necessary work.
Mont. Code Ann. § 75-5-105 — MT Code / Title 75 / Chapter 5 / Part 1 / Section 75-5-105
75-5-105 Confidentiality of records
Status: in_force

75-5-105 . Confidentiality of records. Except as provided in 80-15-108 , any information concerning sources of pollution that is furnished to the board or department or that is obtained by either of them is a matter of public record and open to public use. However, any information unique to the owner or operator of a source of pollution that would, if disclosed, reveal methods or processes entitled to protection as trade secrets must be maintained as confidential if so determined by a court of competent jurisdiction. The owner or operator shall file a declaratory judgment action to establish the existence of a trade secret if the owner or operator wishes the information to remain confidential. The department must be served in the action and may intervene as a party. Any information not intended to be public when submitted to the board or department must be submitted in writing and clearly marked as confidential. The data describing physical and chemical characteristics of a waste discharged to state waters may not be considered confidential. The board may use any information in compiling or publishing analyses or summaries relating to water pollution if the analyses or summaries do not identify any owner or operator of a source of pollution or reveal any information that is otherwise made confidential by this section.
Mont. Code Ann. § 75-11-704 — MT Code / Title 75 / Chapter 11 / Part 7 / Section 75-11-704
75-11-704 Viability at a petroleum release site
Status: in_force

75-11-704 . Viability at a petroleum release site. (1) For the purpose of determining the viability of a responsible party at a brownfield site where petroleum contamination is the predominant contaminant, the department shall presume that:

(a) ongoing businesses or companies and government entities are viable unless there is information suggesting that the presumption is not appropriate, and the department determines the information is sufficient to rebut the presumption in a particular case; and

(b) individuals and defunct or insolvent companies are not viable unless there is information suggesting that the presumption is not appropriate, and the department determines the information is sufficient to rebut the presumption in a particular case.

(2) The department may not determine that a responsible party is viable based solely on the fact that the owner or operator of a petroleum tank release site is eligible to be reimbursed by the petroleum tank release compensation board established in 2-15-2108 from the petroleum tank release cleanup fund established in 75-11-313 .

(3) It is an applicant's responsibility to provide the department with sufficient financial information about a responsible party identified in a petroleum brownfields site eligibility application to determine whether the responsible party is a viable responsible party.
Mont. Code Ann. § 75-5-107 — MT Code / Title 75 / Chapter 5 / Part 1 / Section 75-5-107
75-5-107 Venue generally
Status: in_force

75-5-107 . Venue generally. Except as otherwise provided by this chapter, any challenge to an action taken by the department or to a decision issued by the board pursuant to this chapter must be brought in the district court in the county where the activity that is the subject of the challenge is proposed to occur. If an activity is proposed to occur or will occur in more than one county, the challenge may be brought in the district court in any of the counties where the activity is proposed to occur or will occur.
Mont. Code Ann. § 75-10-227 — MT Code / Title 75 / Chapter 10 / Part 2 / Section 75-10-227
75-10-227 Administrative enforcement
Status: in_force

75-10-227 . Administrative enforcement. (1) When the department believes that a violation of part 1 or this part, a violation of a rule adopted under part 1 or this part, a violation of an order issued under this part, or a violation of a permit provision has occurred, it may serve written notice of the violation on the alleged violator or the violator's agent. The notice must specify the provision of law, rule, or permit alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time stated in the order, an order assessing an administrative penalty pursuant to 75-10-228 , or both. The order becomes final unless, within 30 days after the notice is served, the person named requests in writing a hearing before the board. On receipt of the request, the board shall schedule a hearing. Service by mail is complete on the date of mailing.

(2) If, after a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or modify the department's order. An order issued by the department or by the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after a hearing, the board finds that a violation has not occurred, it shall rescind the department's order.

(3) Instead of issuing an order pursuant to subsection (1), the department may either:

(a) require the alleged violator to appear before the board for a hearing at a time and place specified in the notice and answer the charges; or

(b) initiate action under part 1 or this part.

(4) This section does not prevent the board or department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.

(5) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
Mont. Code Ann. § 75-7-216 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-216
75-7-216 Penalty
Status: in_force

75-7-216 . Penalty. (1) A person who violates an order issued under this part or who knowingly violates a regulation made under this part commits a misdemeanor and on conviction may be sentenced to 30 days in the county jail or fined $500, or both.

(2) Fines collected under this section, except those collected in a justice's court, shall be paid to the general fund of the county where the offense was committed for the purpose of administering this part.
Mont. Code Ann. § 75-10-803 — MT Code / Title 75 / Chapter 10 / Part 8 / Section 75-10-803
75-10-803 Solid waste reduction goal and targets
Status: in_force

75-10-803 . Solid waste reduction goal and targets. (1) It is the goal of the state to reduce, through source reduction, reuse, recycling, and composting, the amount of solid waste that is generated by households, businesses, and governments and that is either disposed of in landfills or burned in an incinerator, as defined in 75-2-103 .

(2) Targets for the rate of recycling and composting are:

(a) 17% of the state's solid waste referenced in subsection (1) by 2008;

(b) 19% of the state's solid waste referenced in subsection (1) by 2011; and

(c) 22% of the state's solid waste referenced in subsection (1) by 2015.
Mont. Code Ann. § 75-16-105 — MT Code / Title 75 / Chapter 16 / Part 1 / Section 75-16-105
75-16-105 Applicable law
Status: in_force

75-16-105 . Applicable law. The law to be applied in an action or other proceeding brought pursuant to this part, including what constitutes "pollution", is the law of this state, excluding choice of law rules.
Mont. Code Ann. § 75-20-1001 — MT Code / Title 75 / Chapter 20 / Part 10 / Section 75-20-1001
75-20-1001 Geothermal exploration -- notification of department
Status: in_force

75-20-1001 . Geothermal exploration -- notification of department. The department shall adopt rules requiring every person who proposes to gather geological data by boring of test holes or other underground exploration, investigation, or experimentation related to the possible future development of a facility employing geothermal resources to comply with the following requirements:

(1) notify the department of the proposed action;

(2) submit to the department a description of the area involved;

(3) submit to the department a statement of the proposed activities to be conducted and the methods to be utilized;

(4) submit to the department geological data reports at such times as may be required by the rules; and

(5) submit such other information as the department may require in the rules.
Mont. Code Ann. § 75-10-504 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-504
75-10-504 Shielding -- new facility
Status: in_force

75-10-504 . Shielding -- new facility. A motor vehicle wrecking facility or graveyard site established or proposed on or after July 1, 1973, may not be approved for use or licensed if the proposed facility cannot be shielded from public view on the date it is initially established or proposed to the department for licensure. The prohibition concerning approval of a new motor vehicle wrecking facility or graveyard site does not apply to a facility site that was licensed as such at any time within the 18 months immediately preceding the date an application is made for licensure of such site.
Mont. Code Ann. § 75-15-132 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-132
75-15-132 False application or disrepair of structure -- remedial action
Status: in_force

75-15-132 . False application or disrepair of structure -- remedial action. When the department determines that a willful false or misleading statement has been made in the application for a permit or that the structure for which a permit was issued is not in a reasonable state of repair or is unsafe, the department shall notify the holder of the permit in writing, either by certified mail or by personal service, of the violation and specify that remedial action shall be taken within 60 days or the permit will be revoked and action for removal of the sign commenced as provided in 75-15-131 . No notice is required prior to filing a complaint after the notice period has lapsed.
Mont. Code Ann. § 75-10-420 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-420
75-10-420 Venue for legal actions
Status: in_force

75-10-420 . Venue for legal actions. All legal actions affecting hazardous waste management facilities in the state must be brought in the county in which the facility is located or is proposed to be located.
Mont. Code Ann. § 75-11-232 — MT Code / Title 75 / Chapter 11 / Part 2 / Section 75-11-232
75-11-232 Closure of tanks under section 1, Chapter 641, Laws of 1993
Status: in_force

75-11-232 . Closure of tanks under section 1, Chapter 641, Laws of 1993. (1) The department shall indicate in all relevant files that an underground storage tank removed from the ground or closed in-place in accordance with section 1, Chapter 641, Laws of 1993, is determined fully and finally closed by the department.

(2) Underground storage tank systems determined closed under this section are exempt from environmental review by the department unless the department receives substantial evidence of a release that poses a current or potential threat to human health or the environment.
Mont. Code Ann. § 75-5-1126 — MT Code / Title 75 / Chapter 5 / Part 11 / Section 75-5-1126
75-5-1126 Projects funded by federal government appropriations
Status: in_force

75-5-1126 . Projects funded by federal government appropriations. For projects that are funded in part by appropriations from the federal government over a term of years, that have been approved by the department and the department of natural resources and conservation under 75-5-1112 , and that are considered to be in compliance with 75-5-1113 , the department of natural resources and conservation may advance money to a municipality in anticipation of the receipt of federal funds by the municipality on the following conditions:

(1) congress has authorized the project and has committed to fund the project at a specified dollar amount over a period of years;

(2) other funding agencies will not authorize construction of the project to begin until there is evidence that construction money will be available to the municipality to pay all of the construction costs;

(3) the department and the department of natural resources and conservation determine that it is in the best interest of the state and the state's objectives under the program that the project begin construction prior to the receipt of all federal appropriations; and

(4) the advance of the money will be in the form of a note that is issued pursuant to 7-7-109 in anticipation of a federal grant for which the municipality promises to pay and pledges to the department of natural resources and conservation the proceeds of the grant when received.
Mont. Code Ann. § 75-11-520 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-520
75-11-520 Construction in event of conflict
Status: in_force

75-11-520 . Construction in event of conflict. The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under those provisions.
Mont. Code Ann. § 75-5-615 — MT Code / Title 75 / Chapter 5 / Part 6 / Section 75-5-615
75-5-615 Violators subject to penalties
Status: in_force

75-5-615 . Violators subject to penalties. (1) A person found to be in violation of a condition, limitation, standard, or other requirement established pursuant to 75-5-612 through 75-5-614 is subject to the penalty provisions of 75-5-631 , 75-5-632 , 75-5-633 , and 75-5-635 .

(2) For the purpose of this section, the term "person" means, in addition to the definition contained in 75-5-103 , any responsible corporate officer.
Mont. Code Ann. § 75-5-305 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-305
75-5-305 Adoption of requirements for treatment of wastes -- variance procedure -- appeals
Status: in_force

75-5-305 . Adoption of requirements for treatment of wastes -- variance procedure -- appeals. (1) The department may establish minimum requirements for the treatment of wastes. For cases in which the federal government has adopted technology-based treatment requirements for a particular industry or activity in 40 CFR, chapter I, subchapter N, the department shall adopt those requirements by reference. To the extent that the federal government has not adopted minimum treatment requirements for a particular industry or activity, the department may do so, through rulemaking, for parameters likely to affect beneficial uses, ensuring that the requirements are cost-effective and economically, environmentally, and technologically feasible. Except for the technology-based treatment requirements set forth in 40 CFR, chapter I, subchapter N, minimum treatment may not be required to address the discharge of a parameter when the discharge is considered nonsignificant under rules adopted pursuant to 75-5-301 .

(2) (a) The department shall establish minimum requirements for the control and disposal of sewage from private and public buildings, including standards and procedures for variances from the requirements.

(b) For gray water reuse systems, the department shall establish rules that:

(i) allow the diversion of gray water from wastewater treatment systems and limit the amount of gray water flow allowed by permit;

(ii) address the uses of gray water, including when and how gray water may be applied to land; and

(iii) include any other provisions that the department considers necessary to ensure that gray water reuse systems comply with laws and regulations and protect public health and the environment.

(3) An applicant for a variance from minimum requirements adopted by a local board of health pursuant to 50-2-116 may appeal the local board of health's final decision to the department by submitting a written request for a hearing within 30 days after the decision. The written request must describe the activity for which the variance is requested, include copies of all documents submitted to the local board of health in support of the variance, and specify the reasons for the appeal of the local board of health's final decision.

(4) The department shall conduct a hearing on the request pursuant to Title 2, chapter 4, part 6. Within 30 days after the hearing, the department shall grant, conditionally grant, or deny the variance. The department shall base its decision on the department's standards for a variance.

(5) A decision of the department pursuant to subsection (4) is appealable to district court under the provisions of Title 2, chapter 4, part 7.
Mont. Code Ann. § 75-2-425 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-425
75-2-425 Notice of noncompliance -- challenge
Status: in_force

75-2-425 . Notice of noncompliance -- challenge. (1) The department shall give a brief but reasonably specific notice of noncompliance to each person who owns or operates a source subject to 75-2-421 (1) which is not in compliance as provided in that subsection, within 30 days after the department has discovered the noncompliance.

(2) Each person to whom notice has been given pursuant to subsection (1) shall:

(a) calculate the amount of penalty owed (determined in accordance with 75-2-422 (1)) and the schedule of payments (determined in accordance with 75-2-423 ) for each source and, within 45 days after issuance of the notice of noncompliance, submit that calculation and proposed schedule, together with the information necessary for an independent verification thereof, to the department; or

(b) submit to the board a petition within 45 days after the issuance of such notice, challenging such notice of noncompliance or alleging entitlement to an exemption under 75-2-421 (2) with respect to a particular source.

(3) Each person to whom notice of noncompliance is given shall pay the department the amount determined under 75-2-422 as the appropriate penalty unless there has been a final determination granting a petition filed pursuant to subsection (2)(b).
Mont. Code Ann. § 75-10-104 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-104
75-10-104 Duties of department
Status: in_force

75-10-104 . Duties of department. The department shall:

(1) prepare, adopt, and implement a state solid waste management and resource recovery plan as required by 75-10-111 and 75-10-807 ;

(2) adopt rules necessary for the implementation of this part, including but not limited to rules:

(a) governing the submission of plans for a solid waste management system;

(b) (i) establishing, for the purpose of determining the tonnage or volume-based solid waste management fee that a facility is subject to under 75-10-115 (1)(c), methods for determining or estimating the amount of solid waste incinerated or disposed of at a facility; and

(ii) governing the application fee, flat annual license renewal fee, and tonnage or volume-based renewal fee for solid waste management systems;

(c) establishing the license application fee that a facility is subject to under 75-10-115 (1)(a);

(d) establishing the flat annual license renewal fee that a facility is subject to under 75-10-115 (1)(b);

(e) establishing the tonnage or volume-based annual renewal fee that a facility is subject to under 75-10-115 (1)(c); and

(f) providing procedures for the quarterly collection of the solid waste management fee provided for in 75-10-204 (6);

(3) provide technical assistance to persons within the state for planning, designing, constructing, financing, and operating:

(a) a solid waste management system in order to ensure that the system conforms to the state plan;

(b) integrated waste management programs; and

(c) collection, disposal, reduction, and educational programs for household hazardous waste and small quantities of hazardous waste that are exempt from regulation under Title 75, chapter 10, part 4;

(4) enforce and administer the provisions of this part;

(5) approve plans for a proposed solid waste management system submitted by a local government; and

(6) serve as a clearinghouse for information on waste reduction and reuse, recycling technology and markets, composting, and household hazardous waste disposal, including chemical compatibility.
Mont. Code Ann. § 75-2-505 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-505
75-2-505 Small project review requirement
Status: in_force

75-2-505 . Small project review requirement. The department shall review a permit application within 5 working days of receipt of a complete application and an appropriate fee for an asbestos project that:

(1) involves more than 10 square feet but less than 160 square feet in surface area;

(2) involves more than 3 linear feet but less than 260 linear feet of pipe; or

(3) involves more than 3 cubic feet but less than 35 cubic feet of volume.
Mont. Code Ann. § 75-15-211 — MT Code / Title 75 / Chapter 15 / Part 2 / Section 75-15-211
75-15-211 License required
Status: in_force

75-15-211 . License required. No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, without obtaining a license.
Mont. Code Ann. § 75-20-410 — MT Code / Title 75 / Chapter 20 / Part 4 / Section 75-20-410
75-20-410 Order not stayed by appeal -- stay or suspension by court -- limitations
Status: in_force

75-20-410 . Order not stayed by appeal -- stay or suspension by court -- limitations. Notwithstanding any contrary provision in the law, the pendency of an appeal from a board order does not automatically stay or suspend the operation of the order. During the pendency of the appeal, the court may upon motion by one of the parties stay or suspend, in whole or in part, the operation of the board's orders on terms the court considers just. The court's action must be in accordance with the practice of courts exercising equity jurisdiction, subject to the following limitations:

(1) No stay may be granted without notice to the parties and an opportunity to be heard by the court.

(2) No board order may be stayed or suspended without finding that irreparable damage would otherwise result to the party seeking the stay or suspension, and any other stay or suspension of a board order must specify the nature of the damage.
Mont. Code Ann. § 75-15-204 — MT Code / Title 75 / Chapter 15 / Part 2 / Section 75-15-204
75-15-204 Agreements with the United States
Status: in_force

75-15-204 . Agreements with the United States. The department of transportation may enter into agreements with the United States secretary of transportation as provided in Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems and take action in the name of the state to comply with the terms of those agreements.
Mont. Code Ann. § 75-10-1304 — MT Code / Title 75 / Chapter 10 / Part 13 / Section 75-10-1304
75-10-1304 Contractor certification -- department authority
Status: in_force

75-10-1304 . Contractor certification -- department authority. (1) The department shall establish by rule standards for the training and certification of contractors and their employees who are to perform the assessment or remediation of inhabitable property contaminated by methamphetamine or fentanyl residues.

(2) The department may train and test or may approve courses to train and test contractors and their employees in the proper methods of assessing, remediating, and testing inhabitable property contaminated by methamphetamine residues or fentanyl residues. If the department conducts the training and testing of contractors and their employees, it may adopt rules to provide for the assessment of reasonable fees to cover the state's costs of providing the training and testing.

(3) The department shall establish by rule procedures for the certification of contractors and their employees, including procedures for the decertification of contractors and their employees for cause. The rules may provide for the assessment of reasonable fees to cover the cost of the contractor certification program.

(4) Any contractor and the contractor's employees certified to perform remediation of inhabitable property in any other state must complete refresher training by the department or a department-approved training provider to qualify for certification in Montana.

(5) The department shall maintain a list of certified contractors and shall make the list available to local health officials, law enforcement officials, and the public.
Mont. Code Ann. § 75-2-234 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-234
75-2-234 Registration
Status: in_force

75-2-234 . Registration. (1) The department may adopt rules for the registration of certain classes of sources of air contaminants in lieu of a permit application required under 75-2-211 (2).

(2) Rules adopted for the registration of animal or human crematoriums must include requirements for:

(a) public notification prior to registration; and

(b) the inclusion of documentation through a registration process that provides projected emissions and ambient concentrations will constitute a negligible risk for the protection of public health, safety, and welfare and the environment.
Mont. Code Ann. § 75-10-724 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-724
75-10-724 Private right of action
Status: in_force

75-10-724 . Private right of action. Any person who receives notice under 75-10-711 , who is held jointly and severally liable under 75-10-715 , or who initiates a voluntary cleanup under the provisions of 75-10-730 through 75-10-738 may bring a private right of action, including a claim for contribution or declaratory relief, against any other person who is liable or potentially liable under 75-10-715 for the recovery of remedial action costs. In resolving contribution claims, the court shall allocate remedial action costs among the liable persons based on the factors set out in 75-10-750 .
Mont. Code Ann. § 75-20-402 — MT Code / Title 75 / Chapter 20 / Part 4 / Section 75-20-402
75-20-402 Monitoring
Status: in_force

75-20-402 . Monitoring. The department shall monitor the operations of all certificated facilities for ensuring continuing compliance with this chapter and certificates issued under this chapter and for discovering and preventing noncompliance with this chapter and the certificates. The applicant shall pay all expenses related to the monitoring plan established in 75-20-303 (3)(b) or (3)(c) to the extent federal funds available for the facility, as determined by the department, have not been provided for those purposes.
Mont. Code Ann. § 75-2-508 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-508
75-2-508 Asbestos control account
Status: in_force

75-2-508 . Asbestos control account. (1) There is an asbestos control account in the state special revenue fund. There must be deposited in the account all money received from fees collected under this part.

(2) Funds in the account are allocated to the department for the purpose of funding the costs of implementing and operating the asbestos control program established under this part.
Mont. Code Ann. § 75-1-1001 — MT Code / Title 75 / Chapter 1 / Part 10 / Section 75-1-1001
75-1-1001 Penalty factors
Status: in_force

75-1-1001 . Penalty factors. (1) In determining the amount of an administrative or civil penalty to which subsection (4) applies, the department of environmental quality or the district court, as appropriate, shall take into account the following factors:

(a) the nature, extent, and gravity of the violation;

(b) the circumstances of the violation;

(c) the violator's prior history of any violation, which:

(i) must be a violation of a requirement under the authority of the same chapter and part as the violation for which the penalty is being assessed;

(ii) must be documented in an administrative order or a judicial order or judgment issued within 3 years prior to the date of the occurrence of the violation for which the penalty is being assessed; and

(iii) may not, at the time that the penalty is being assessed, be undergoing or subject to administrative appeal or judicial review;

(d) the economic benefit or savings resulting from the violator's action;

(e) the violator's good faith and cooperation;

(f) the amounts voluntarily expended by the violator, beyond what is required by law or order, to address or mitigate the violation or impacts of the violation; and

(g) other matters that justice may require.

(2) After the amount of a penalty is determined under subsection (1), the department of environmental quality or the district court, as appropriate, may consider the violator's financial ability to pay the penalty and may institute a payment schedule or suspend all or a portion of the penalty.

(3) The department of environmental quality may accept a supplemental environmental project as mitigation for a portion of the penalty. For purposes of this section, a "supplemental environmental project" is an environmentally beneficial project that a violator agrees to undertake in settlement of an enforcement action but which the violator is not otherwise legally required to perform.

(4) This section applies to penalties assessed by the department of environmental quality or the district court under Title 75, chapters 2, 5, 6, 8, 11, and 20; Title 75, chapter 10, parts 2, 4, 5, and 12; and Title 76, chapter 4.

(5) The department of environmental quality may adopt rules to implement this section.
Mont. Code Ann. § 75-11-521 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-521
75-11-521 Benchmarks -- budget action taken if not met
Status: in_force

75-11-521 . Benchmarks -- budget action taken if not met. (1) Categorizing petroleum storage tank release sites as resolved is a higher priority than investigation of new releases unless the new release is an imminent danger to the health and safety of the public.

(2) The department shall develop a list of open release sites prioritized by danger to the health and safety of the public and anticipated date of categorizing the sites as resolved.

(3) (a) The cumulative benchmarks that are provided in subsection (3)(b) must be met. If the benchmarks are not met, money appropriated for petroleum storage tank leak prevention may not be included in the department's base budget, as defined in 17-7-102 , for the current biennium.

(b) The cumulative benchmarks are as follows:

Date Total Number of Resolved Sites December 31, 2011 45 July 1, 2012 90 December 31, 2012 135 July 1, 2013 180 December 31, 2013 225 July 1, 2014 270 December 31, 2014 315 July 1, 2015 360

(4) As used in this section, the following definitions apply:

(a) "Petroleum storage tank" has the same meaning as prescribed in 75-11-302 .

(b) "Release" has the same meaning as prescribed in 75-11-302 .

(c) "Resolved" means a determination by the department that all cleanup requirements have been met and that conditions at the site ensure present and long-term protection of human health, safety, and the environment.
Mont. Code Ann. § 75-6-113 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-113
75-6-113 Penalty
Status: in_force

75-6-113 . Penalty. Any person violating this part or any rule or order of the board or department issued under the provisions of this part shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $500. Each day upon which a violation of this part occurs shall be considered a separate offense.
Mont. Code Ann. § 75-6-320 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-320
75-6-320 Revenue bonds
Status: in_force

75-6-320 . Revenue bonds. For constructing or acquiring any water supply, wastewater transportation, or treatment system for the authorized purposes of the authority or as necessary or incidental to the authorized purposes, for constructing improvements and extensions to improvements, and for reimbursing or paying the costs and expenses of creating the authority, the governing body of an authority may borrow money from time to time and in evidence of the borrowing issue revenue bonds of the authority. The revenue bonds are a lien on the revenue produced from the operation of the authority's system, but may not be general obligations of the public agencies participating in the agreement. All revenue bonds issued under this part must be signed by the president of the governing body of the authority and attested by the secretary of the governing body of the authority. The bonds must contain recitals stating the authority under which the bonds are issued, that they are to be paid by the authority from the net revenue derived from the operation of the authority's system and not from any other fund or source, and that the bonds are negotiable and payable solely from the revenue derived from the operation of the system under control of the authority. However, in the case of a regional water and wastewater authority, the statutory lien created by this section is a lien only on the revenue of that service funded by the proceeds of the sale of the bonds, it being understood that the combined authority shall maintain separate books and records for its water and wastewater operations. The bonds may be issued in one or more series, may bear a date or dates, may mature at a time or times not exceeding 40 years from their respective dates, may bear interest at a rate not exceeding 2% above the interest rate on treasury notes, bills, or bonds of the same term as the term of the bond or bonds the week of closing on the bond or bonds as reported by the treasury of the United States, may be payable at the times, may be in the form, may carry registration privileges, may be executed in the manner, may be payable at a place or places, may be subject to terms of redemption with or without premium, may be declared or become due before the maturity date, may be authenticated in any manner and upon compliance with the conditions, and may contain terms and covenants that may be provided by resolution or resolutions of the governing body of the authority. Notwithstanding the form or tenor of the bonds, and in the absence of any express recital on the face of the bonds, that the bonds are nonnegotiable, all bonds must be, and must be treated as, negotiable instruments for all purposes. Bonds bearing the signatures of officers in office on the date of the signing of the bonds must be valid and binding for all purposes, notwithstanding that before the delivery of the bonds, any of the persons whose signatures appear on the bonds ceased to be officers. Notwithstanding the requirements or provisions of any other law, bonds may be negotiated or sold in the manner and at the time or times that are found by the governing body to be most advantageous, and all bonds may be sold at the price that the interest cost of the proceeds from the bonds does not exceed 3% above the interest rate on treasury notes, bills, or bonds of the same term as the term of the bond or bonds the week of closing on the bond or bonds as reported by the treasury of the United States, based on the average maturity of the bonds and computed according to standard tables of bond values. Any resolution or resolutions providing for the issuance of the bonds may contain covenants and restrictions upon the issuance of additional bonds that are considered necessary or advisable for the assurance of the payment of the bonds authorized by the resolutions.
Mont. Code Ann. § 75-2-429 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-429
75-2-429 Effect of noncompliance penalty on other remedies
Status: in_force

75-2-429 . Effect of noncompliance penalty on other remedies. (1) Any orders, payments, sanctions, or other requirements under 75-2-421 through 75-2-428 shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under 75-2-412 or 75-2-413 .

(2) The noncompliance penalties collected pursuant to 75-2-421 through 75-2-428 are intended to be cumulative and in addition to any other remedies, procedures, and requirements authorized by this chapter.
Mont. Code Ann. § 75-20-406 — MT Code / Title 75 / Chapter 20 / Part 4 / Section 75-20-406
75-20-406 Judicial review of decisions
Status: in_force

75-20-406 . Judicial review of decisions. (1) A person aggrieved by the final decision of the department or board on an application for a certificate may obtain judicial review of that decision by the filing of a petition in a state district court of competent jurisdiction. A challenge to the issuance of a certificate must be brought in the county in which the activity authorized by the certificate will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.

(2) The judicial review procedure is the procedure for contested cases under the Montana Administrative Procedure Act.

(3) A judicial challenge to a certificate issued pursuant to this chapter by a party other than the certificate holder or applicant must include the party to whom the certificate was issued as provided in this chapter unless otherwise agreed to by the certificate holder or applicant. All judicial challenges of certificates for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
Mont. Code Ann. § 75-15-133 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-133
75-15-133 Nonconforming advertising as nuisance
Status: in_force

75-15-133 . Nonconforming advertising as nuisance. All outdoor advertising which does not conform to the requirements of this part is a public nuisance.
Mont. Code Ann. § 75-11-223 — MT Code / Title 75 / Chapter 11 / Part 2 / Section 75-11-223
75-11-223 Civil and administrative penalties
Status: in_force

75-11-223 . Civil and administrative penalties. (1) (a) A person who violates a provision of this part, a rule adopted under this part, or an order of the department or the board is subject to an administrative penalty not to exceed $500 for each violation or a civil penalty not to exceed $10,000 for each violation. If an installer or an inspector who is an employee is in violation, the employer of that installer or that inspector is the entity that is subject to the provisions of this section unless the violation is the result of a grossly negligent or willful act. Each day of violation of this part, a rule adopted under this part, or an order constitutes a separate violation.

(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001 .

(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.

(3) Action under this section does not bar:

(a) enforcement of this part, rules adopted under this part, orders of the department or the board, or terms of a license or permit by injunction or other appropriate remedy; or

(b) action under 75-11-224 .
Mont. Code Ann. § 75-10-520 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-520
75-10-520 Disposal of damaged vehicle when insurance company settles at total loss
Status: in_force

75-10-520 . Disposal of damaged vehicle when insurance company settles at total loss. An insurance company settling an insurance claim on a damaged motor vehicle as a total loss less salvage may dispose of the motor vehicle at a motor vehicle wrecking facility only if it is licensed under the provisions of 75-10-511 .
Mont. Code Ann. § 75-5-101 — MT Code / Title 75 / Chapter 5 / Part 1 / Section 75-5-101
75-5-101 Policy
Status: in_force

75-5-101 . Policy. It is the public policy of this state to:

(1) conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses;

(2) provide a comprehensive program for the prevention, abatement, and control of water pollution; and

(3) balance the inalienable rights to pursue life's basic necessities and possess and use property in lawful ways with the policy of preventing, abating, and controlling water pollution in implementing the program referred to in subsection (2).
Mont. Code Ann. § 75-10-442 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-442
75-10-442 Moratorium on certain hazardous waste facility permits
Status: in_force

75-10-442 . Moratorium on certain hazardous waste facility permits. (1) Until October 1, 1993, the department may not issue a permit under 75-10-406 for a boiler or industrial furnace that burns hazardous waste or hazardous waste-derived fuel.

(2) Notwithstanding the provisions of (1), the department shall proceed in a reasonable and timely manner in adopting rules implementing 75-10-406 and in processing applications required under 75-10-406 .
Mont. Code Ann. § 75-7-202 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-202
75-7-202 Definitions
Status: in_force

75-7-202 . Definitions. As used in this part, the following definitions apply:

(1) "Lake" means a body of standing water and the area within its lakeshore occurring naturally rather than by virtue of constructed impoundments (although a natural lake whose level is raised and whose area is increased by the construction of impoundments includes the additional level and area), having a water surface area of at least 160 acres for at least 6 months in a year of average precipitation as such averages are determined by the United States geological survey, not used exclusively for agricultural purposes, and navigable by canoes and small boats.

(2) "Lakeshore" is the perimeter of a lake when the lake is at mean annual high-water elevation, including the land within 20 horizontal feet from that high-water elevation.

(3) "Local governing body" or "governing body" is that unit of local government authorized to administer the Montana Subdivision and Platting Act on the land adjoining a lake or part of a lake subject to this part.

(4) "Mean annual high-water elevation" is the mean average of the highest elevation of a lake in each of at least 5 consecutive years, excluding any high levels caused by erratic or unusual weather or hydrological conditions. A highest elevation caused by operation of a dam or other impoundment counts toward the establishment of the mean annual high-water elevation.
Mont. Code Ann. § 75-7-206 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-206
75-7-206 Nature of property rights under part
Status: in_force

75-7-206 . Nature of property rights under part. Work or development authorized or approved under this part shall not create a vested property right in the permitted development other than in the physical structure, if any, so developed.
Mont. Code Ann. § 75-11-525 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-525
75-11-525 Administrative penalties for violations -- appeals -- venue
Status: in_force

75-11-525 . Administrative penalties for violations -- appeals -- venue. (1) (a) A person who violates any of the provisions of this part or any rules promulgated under the authority of this part may be assessed and ordered by the department to pay an administrative penalty not to exceed $500 for each violation. This limitation on administrative penalties applies only to penalties assessed under this section. Each occurrence of the violation and each day that it remains uncorrected constitutes a separate violation. The department may suspend a portion of the administrative penalty assessed under this section if the condition that caused the assessment of the penalty is corrected within a specified time. Assessment of an administrative penalty under this section may be made in conjunction with any order or other administrative action authorized by this chapter.

(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001 .

(2) When the department assesses an administrative penalty under this section, it must have written notice served personally or by certified mail on the alleged violator or the violator's agent. For purposes of this chapter, service by mail is complete on the day of receipt. The notice must state:

(a) the provision alleged to be violated;

(b) the facts alleged to constitute the violation;

(c) the amount of the administrative penalty assessed under this section;

(d) the amount, if any, of the penalty to be suspended upon correction of the condition that caused the assessment of the penalty;

(e) the nature of any corrective action that the department requires, whether or not a portion of the penalty is to be suspended;

(f) as applicable, the time within which the corrective action is to be taken and the time within which the administrative penalty is to be paid; and

(g) the right to appeal or to a hearing to mitigate the penalty assessed.

(3) A person assessed a penalty under this section may request a hearing before the board to either contest the alleged violation or request mitigation of the penalty. The contested case provisions of the Montana Administrative Procedure Act, provided for in Title 2, chapter 4, part 6, apply to a hearing conducted under this section. If a hearing is held under this section, it must be held in the county in which the alleged violation occurred.

(4) If the department is unable to collect an administrative penalty assessed under this section or if a person fails to pay all or any portion of an administrative penalty assessed under this section, the department may take action in district court to recover the penalty amount and any additional amounts assessed or sought under this chapter. The action must be brought in the district court of the county in which the violation occurred.

(5) Action under this section does not bar action under this chapter or any other remedy available to the department for violations of underground storage tank laws or rules promulgated under those laws.

(6) Administrative penalties collected under this section must be deposited in the state general fund.
Mont. Code Ann. § 75-10-117 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-117
75-10-117 Solid waste management account
Status: in_force

75-10-117 . Solid waste management account. (1) There is a solid waste management account in the state special revenue fund provided for in 17-2-102 .

(2) There must be deposited in the account:

(a) all revenue from the solid waste management fees provided for in 75-10-115 ; and

(b) money received by the department in the form of legislative appropriations, reimbursements, gifts, federal funds, or appropriations from any source that is intended to be used for the purposes of the account.

(3) The account may be used by the department only for the administration of 75-2-215 , part 2 of this chapter, and this part.
Mont. Code Ann. § 75-2-503 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-503
75-2-503 Rulemaking authority -- issuance of permits
Status: in_force

75-2-503 . Rulemaking authority -- issuance of permits. (1) The department shall, subject to the provisions of 75-2-207 , adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with federal law and include but are not limited to:

(a) standards for training course review and approval;

(b) standards for accreditation of applicants for asbestos-related occupations;

(c) examination requirements for accreditation of applicants for asbestos-related occupations;

(d) requirements for renewal of accreditation, including periodic refresher courses;

(e) revocation of accreditation;

(f) inspection requirements for asbestos projects and asbestos-related occupations credentials;

(g) criteria to determine whether and what type of control measures are necessary for an asbestos project and whether a project is completed in a manner sufficient to protect public health, including criteria setting allowable limits on indoor airborne asbestos. A determination of whether asbestos abatement of a structure is necessary may not be based solely upon the results of airborne asbestos testing.

(h) requirements for issuance of asbestos project permits and conditions that permitholders shall meet;

(i) standards for seeking injunctions, criminal and civil penalties, or emergency actions;

(j) advance notification procedures and issuance of permits for asbestos projects; and

(k) fees, which must be commensurate with costs, for:

(i) review and approval of training courses;

(ii) application for and renewal of accreditation by a person seeking to pursue an asbestos-related occupation;

(iii) issuance and administration of asbestos project permits, including annual asbestos project permits for facilities; and

(iv) requested inspections of asbestos projects.

(2) For asbestos projects having a cost of $3,000 or less, the department shall issue asbestos project permits within 7 calendar days following the receipt of a properly completed permit application and the appropriate fee.
Mont. Code Ann. § 75-25-102 — MT Code / Title 75 / Chapter 25 / Part 1 / Section 75-25-102
75-25-102 Administration of revolving loan account -- rulemaking authority
Status: in_force

75-25-102 . Administration of revolving loan account -- rulemaking authority. (1) The department of environmental quality shall adopt rules establishing:

(a) eligibility criteria, including criteria for defining residences, small businesses, and nonprofit organizations, criteria for defining capital investments for energy conservation purposes, ownership of the alternative energy facility, financial capacity to repay the loans, estimated return on investment in the alternative energy and energy conservation, and other matters that the department considers necessary to ensure repayment of loans and to encourage maximum use of the fund for alternative energy and net metering uses;

(b) processes and procedures for disbursing loans, including the agencies or organizations that are allowed to process the loan application for the department; and

(c) terms and conditions for the loans, including repayment schedules and interest.

(2) The department shall solicit assistance in the development and operation of the program from individuals familiar with financial services and persons knowledgeable in alternative energy systems.

(3) Administrative costs charged to the account may not exceed 10% of the total loans or $23,000 a year, whichever is greater. Legal fees and costs associated with collection of debt on principal are not considered administrative costs.

(4) The loan repayment period may not exceed 10 years. The loans must be made at a low interest rate. The department may set the interest rate at an amount that will cover its administrative costs, but the rate may not be less than 1% a year. The department may seek recovery of the amount of principal loaned in the event of default.
Mont. Code Ann. § 75-10-1002 — MT Code / Title 75 / Chapter 10 / Part 10 / Section 75-10-1002
75-10-1002 Purpose
Status: in_force

75-10-1002 . Purpose. The purpose of this part is to protect the public health, safety, and welfare of the citizens of Montana by developing and implementing infectious waste management policies that are reasonable, cost-effective, aesthetically pleasing, and environmentally acceptable.
Mont. Code Ann. § 75-11-707 — MT Code / Title 75 / Chapter 11 / Part 7 / Section 75-11-707
75-11-707 Rulemaking authority
Status: in_force

75-11-707 . Rulemaking authority. The department may adopt rules to implement the provisions of this part and to:

(1) prescribe the form and content of applications for assistance from the brownfields site redevelopment fund;

(2) apply eligibility criteria for awarding assistance from the brownfields site redevelopment fund;

(3) establish additional terms and conditions for assistance from the brownfields site redevelopment fund;

(4) establish maximum amounts for an individual award of assistance from the brownfields site redevelopment fund, if considered appropriate and necessary for the successful administration of the program;

(5) ensure compliance of the program with the provisions of the Small Business Liability Relief and Brownfields Revitalization Act, Public Law 107-118, and rules promulgated under the act unless these matters are specifically governed by 75-11-708 ; and

(6) maintain the financial integrity of the program.
Mont. Code Ann. § 75-10-410 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-410
75-10-410 Inspections -- sampling
Status: in_force

75-10-410 . Inspections -- sampling. (1) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which:

(i) hazardous wastes are or have been generated, stored, treated, disposed of, or loaded for transportation;

(ii) used oil is or has been generated, stored, treated, disposed of, or loaded for transportation; or

(iii) records pertinent to the used oil or hazardous waste activities are maintained.

(b) The employee or agent of the department may have access to and may copy any records relating to the used oil or hazardous wastes for the purposes of developing rules under this part or enforcing the provisions of this part, rules adopted under this part, or a permit or an order issued under this part.

(2) In the course of an inspection under this section, the employee or agent of the department may take samples of any substances, used oil, or wastes, including samples from any soil or ground water or from any vehicle in which used oil or wastes are transported, or samples of any containers or labeling for the substances, used oil, or wastes. If the employee or agent of the department takes a sample of any used oil, hazardous waste, or suspected hazardous waste, the employee or agent shall, prior to leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.
Mont. Code Ann. § 75-5-802 — MT Code / Title 75 / Chapter 5 / Part 8 / Section 75-5-802
75-5-802 Permitting -- concentrated animal feeding operation
Status: in_force

75-5-802 . Permitting -- concentrated animal feeding operation. (1) For the purpose of permitting concentrated animal feeding operations, the department shall adopt, by reference, the federal regulations and definitions contained in 40 CFR, parts 122.23 and 412.

(2) Subject to the provisions of subsection (3), concentrated animal feeding operations that meet the requirements of 40 CFR, part 412, must be authorized by the department under a general permit.

(3) If, upon review of an application for a general permit authorization for a concentrated animal feeding operation production area, the department discovers site-specific information that indicates that a general permit authorization is not sufficiently protective of water quality, the department shall require an individual permit.
Mont. Code Ann. § 75-10-233 — MT Code / Title 75 / Chapter 10 / Part 2 / Section 75-10-233
75-10-233 Dumping penalty -- enforcement
Status: in_force

75-10-233 . Dumping penalty -- enforcement. (1) A person found guilty of a violation of 75-10-212 shall be fined in the sum not exceeding $500.

(2) A person found absolutely liable under 75-10-212 is subject to a civil penalty not to exceed $5,000.

(3) The provisions of 75-10-212 must be enforced by all highway patrol officers, sheriffs, and police officers and by all other enforcement agencies and officers of the state of Montana. In addition, game wardens have the right to enforce the provisions of 75-10-212 on public property and on private property where public recreation is permitted.
Mont. Code Ann. § 75-10-425 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-425
75-10-425 Corrective action orders -- judicial action
Status: in_force

75-10-425 . Corrective action orders -- judicial action. Whenever, on the basis of any information, the department determines and verifies that there is or has been a release of hazardous waste or constituents into the environment from any facility that treats, stores, or disposes of hazardous waste, whether or not the facility is authorized to operate under 75-10-406 , the department may:

(1) commence a civil action for appropriate relief, including injunctive relief, in the district court in the district in which the facility is located; or

(2) issue an order requiring corrective action or any other response measure that the department considers necessary to protect human health or the environment. An order may include a suspension or revocation of authorization to operate under 75-10-406 . An order must state with reasonable specificity the nature of the required corrective action or other response measure and must specify a time for compliance.
Mont. Code Ann. § 75-10-424 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-424
75-10-424 Administrative penalty
Status: in_force

75-10-424 . Administrative penalty. (1) The department may assess a person who violates a provision of this part or a rule adopted under this part an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,000 for any related series of violations. Assessment of an administrative penalty under this section must be made in conjunction with an order or administrative action authorized by this chapter.

(2) An administrative penalty may not be assessed under this section unless the alleged violator is given notice and opportunity for a hearing before the board pursuant to Title 2, chapter 4, part 6.

(3) In determining the appropriate amount of an administrative penalty, the department shall consider the penalty factors in 75-1-1001 .

(4) If the department is unable to collect the administrative penalty or if a person fails to pay all or any portion of the administrative penalty as determined by the department, the department may file an action to recover the amount not paid. The action must be brought in the district court of the county in which the violation occurred.

(5) Action under this section does not bar action under 75-10-413 through 75-10-418 or any other appropriate remedy.

(6) Administrative penalties collected under this section must be deposited in the state general fund.
Mont. Code Ann. § 75-5-212 — MT Code / Title 75 / Chapter 5 / Part 2 / Section 75-5-212
75-5-212 Department research and information
Status: in_force

75-5-212 . Department research and information. (1) The department shall:

(a) collect and furnish information relating to the prevention and control of water pollution;

(b) conduct or encourage necessary research and demonstrations concerning water pollution;

(c) encourage and provide for the use of appropriate new methods, materials, and models in evaluation, design, and construction as they relate to water quality.

(2) (a) In the implementation of subsection (1)(a), the department shall, at intervals not to exceed 5 years, compile and when necessary, update department organizational information, statutes, rules, permitting information, standards, and bulletins related to water quality. The first compilation must be complete and made available in hard copy and for electronic access by January 31, 2000.

(b) The department may charge a reasonable fee for purchase of the hard-copy compilation, not to exceed the department's costs for copying, assembly, and distribution of the compilation.
Mont. Code Ann. § 75-3-601 — MT Code / Title 75 / Chapter 3 / Part 6 / Section 75-3-601
75-3-601 Short title
Status: in_force

75-3-601 . Short title. This part may be cited as the "Montana Radon Control Act".
Mont. Code Ann. § 75-10-415 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-415
75-10-415 Imminent hazard
Status: in_force

75-10-415 . Imminent hazard. Upon receipt of evidence that the handling, storage, treatment, transportation, or disposal of any used oil or hazardous waste may present an imminent and substantial danger to the public health or the environment, the department may commence legal proceedings to immediately restrain or enjoin any person (including any past or present generator, past or present transporter, and past or present owner or operator of a treatment, storage, or disposal facility) who has contributed to or who is contributing to the handling, storage, treatment, transportation, or disposal from engaging in these activities or order the person to take other action as may be necessary, or both. The department may also take appropriate action as may be necessary under this section, including issuing orders necessary or appropriate to protect the public health and the environment.
Mont. Code Ann. § 75-10-604 — MT Code / Title 75 / Chapter 10 / Part 6 / Section 75-10-604
75-10-604 Cooperative agreement -- when effective
Status: in_force

75-10-604 . Cooperative agreement -- when effective. (1) If a cooperative agreement requires expenditure of state and federal funds which, together with the monetary obligation contained in any prior cooperative agreement made during the same biennium, exceeds the amount appropriated for that biennium for implementation of this part, the agreement is not effective until it is approved by the legislature and an appropriation is made providing the level of funding necessitated by the agreement.

(2) A cooperative agreement that does not require expenditure of funds exceeding the appropriation for the biennium for implementation of this part is effective when signed by the governor and the president or their respective representatives.
Mont. Code Ann. § 75-1-312 — MT Code / Title 75 / Chapter 1 / Part 3 / Section 75-1-312
75-1-312 Hearings -- council subpoena power -- contempt proceedings
Status: in_force

75-1-312 . Hearings -- council subpoena power -- contempt proceedings. In the discharge of its duties, the council may hold hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and cause depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court. In case of disobedience on the part of a person to comply with a subpoena issued on behalf of the council or a committee of the council or of the refusal of a witness to testify on any matters regarding which the witness may be lawfully interrogated, it is the duty of the district court of any county or the judge of the district court, on application of the council, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court on a refusal to testify in the court.
Mont. Code Ann. § 75-2-232 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-232
75-2-232 Disclosure statement required
Status: in_force

75-2-232 . Disclosure statement required. (1) An air quality permit for a commercial medical waste or commercial hazardous waste incinerator may not be issued, transferred, or altered pursuant to 75-2-211 and 75-2-215 without an application under this section. Before an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator may be approved, the applicant and each principal with respect to the applicant shall submit to the department a disclosure statement containing the following information:

(a) the name, business address, and social security number of the applicant and each principal;

(b) a description of any civil and administrative complaint filed within 5 years before the date of the application against the applicant or a principal for the violation of an environmental protection law and whether the complaint resulted in a civil or administrative penalty;

(c) a description of all judgments of criminal conviction entered against the applicant or a principal for the violation of an environmental protection law within 5 years before the date of the application; and

(d) a description of all judgments of criminal conviction entered against the applicant or a principal for the violation of an environmental protection law within 5 years before the date of the application in another state that resulted from the operation of a medical waste incinerator or a commercial hazardous waste incinerator. For the purposes of this subsection (d), an environmental protection law of another state means a law or administrative rule adopted pursuant to a law regulating solid or hazardous waste or underground storage tanks or protecting the air or water resource.

(2) A disclosure statement, as required in subsection (1), must be executed under oath or affirmation and is subject to the penalty for perjury. The department may verify and investigate the information contained in a statement required under this section.

(3) A person required to file a disclosure statement under this section shall provide assistance or information requested by the department that is related to the statement and shall cooperate in an inquiry or investigation conducted by the department under subsection (2).
Mont. Code Ann. § 75-2-411 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-411
75-2-411 Judicial review
Status: in_force

75-2-411 . Judicial review. (1) A person aggrieved by an order of the board or local control authority may apply for rehearing upon one or more of the following grounds and upon no other grounds:

(a) the board or local control authority acted without or in excess of its powers;

(b) the order was procured by fraud;

(c) the order is contrary to the evidence;

(d) the applicant has discovered new evidence, material to the applicant, that the applicant could not with reasonable diligence have discovered and produced at the hearing; or

(e) competent evidence was excluded to the prejudice of the applicant.

(2) The petition must be in a form and filed at a time that the board prescribes.

(3) (a) Within 30 days after the application for rehearing is denied or, if the application is granted, within 30 days after the decision on the rehearing, an aggrieved party may appeal to the district court of the judicial district of the state that is the situs of property affected by the order.

(b) The appeal must be taken by serving a written notice of appeal upon the presiding officer of the board. Service must be made by the delivery of a copy of the notice to the presiding officer and by filing the original with the clerk of the court to which the appeal is taken. Immediately after service upon the board, the board shall certify to the district court the entire record and proceedings, including all testimony and evidence taken by the board. Immediately upon receiving the certified record, the district court shall fix a day for filing of briefs and hearing arguments on the cause and shall cause a notice of the dates to be served upon the board and the appellant.

(c) The court shall hear and decide the cause upon the record of the board. The court shall determine whether or not the board regularly pursued its authority, whether or not the findings of the board were supported by substantial competent evidence, and whether or not the board made errors of law prejudicial to the appellant.

(4) Either the board or the person aggrieved may appeal from the decision of the district court to the supreme court. The proceedings before the supreme court must be limited to a review of the record of the hearing before the board and of the district court's review of that record.
Mont. Code Ann. § 75-5-613 — MT Code / Title 75 / Chapter 5 / Part 6 / Section 75-5-613
75-5-613 Compliance orders
Status: in_force

75-5-613 . Compliance orders. In furtherance of 75-5-612 , a person violating a condition, limitation, standard, or other requirement established pursuant to this chapter may be served with a compliance order issued by the department. The order must specify the condition, limitation, standard, or other requirement violated and must set a time for compliance. However, in establishing a time for compliance, the department shall take into account the seriousness of the violation and any good faith efforts that have been made to comply with the condition, limitation, standard, or other requirement that has been violated. The compliance order issued under this section shall be served either personally by a person qualified to perform service under the Montana Rules of Civil Procedure or by certified mail.
Mont. Code Ann. § 75-20-113 — MT Code / Title 75 / Chapter 20 / Part 1 / Section 75-20-113
75-20-113 Power to exercise eminent domain
Status: in_force

75-20-113 . Power to exercise eminent domain. A person issued a certificate pursuant to this chapter may acquire by eminent domain any interest in property, as provided in Title 70, chapter 30, for a public use authorized by law to construct a facility in accordance with the certificate.
Mont. Code Ann. § 75-2-104 — MT Code / Title 75 / Chapter 2 / Part 1 / Section 75-2-104
75-2-104 Limitations -- personal cause of action unabridged -- venue
Status: in_force

75-2-104 . Limitations -- personal cause of action unabridged -- venue. (1) This chapter may not be construed to:

(a) grant to the board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops;

(b) affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution;

(c) supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health, or safety; or

(d) abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of a person to damages or other relief on account of injury to persons or property and to maintain an action or other appropriate proceeding.

(2) A judicial challenge to a permit issued pursuant to this chapter by a party other than the permit applicant or permitholder must include the party to whom the permit was issued unless otherwise agreed to by the permit applicant or permitholder. All judicial challenges of permits for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.

(3) An action to challenge a permit decision pursuant to this chapter must be brought in the county in which the permitted activity will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.

(4) A judicial action or proceeding pursuant to this chapter for an equine slaughter or processing facility must comply with 81-9-240 and 81-9-241 .
Mont. Code Ann. § 75-6-310 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-310
75-6-310 Declaration of authority organization -- when public body, corporate and politic
Status: in_force

75-6-310 . Declaration of authority organization -- when public body, corporate and politic. Upon filing with the secretary of state, the secretary of state shall declare the authority organized and give it the corporate name of regional water authority number ...., regional wastewater authority number ...., or regional water and wastewater authority number ...., as appropriate. Upon assignment of the designation, the authority is a public body, corporate and politic.
Mont. Code Ann. § 75-2-219 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-219
75-2-219 Permits for operation -- limitations
Status: in_force

75-2-219 . Permits for operation -- limitations. Sections 75-2-217 and 75-2-218 may not be construed to:

(1) affect the department's issuance of a permit for the construction, installation, alteration, or use of a source of air pollutants pursuant to 75-2-211 or 75-2-215;

(2) restrict the department's authority to adopt regulations providing for a single air quality permit system; or

(3) affect permits, allowances, phase II compliance schedules, or other acid rain provisions under Subchapter IV of the federal Clean Air Act, 42 U.S.C. 7651, et seq.
Mont. Code Ann. § 75-6-322 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-322
75-6-322 Trust indenture
Status: in_force

75-6-322 . Trust indenture. In the discretion and at the option of the governing body of the authority, bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be a trust company or bank that has the powers of a trust company within or outside of the state. However, a trust indenture may not convey, mortgage, or create a lien upon the water supply, wastewater transportation, or treatment system, any part of the system, or the authority or its member public agencies. The resolution authorizing the bonds and fixing the details of the bonds may provide that the trust indenture may contain provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority and the members of its governing body and officers in relation to the construction or acquisition of the water supply, wastewater transportation, or treatment system and the improvement, extension, operation, repair, maintenance, and insurance of the bonds and the custody, safeguarding, and application of all money. The resolution may also provide that all or any part of the construction work must be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the governing body and satisfactory to the original bond purchasers, their successors, assignees, or nominees, who may be given the right to require that the security given by contractors and by any depository of the proceeds of bonds or revenue of the water supply, wastewater transportation, or treatment system or other money pertaining to the supply or system be satisfactory to the purchasers, their successors, assignees, or nominees. The indenture may set forth the rights and remedies of the bondholders and the trustee.
Mont. Code Ann. § 75-10-805 — MT Code / Title 75 / Chapter 10 / Part 8 / Section 75-10-805
75-10-805 State government waste reduction and recycling program
Status: in_force

75-10-805 . State government waste reduction and recycling program. (1) In order to progress toward achieving the waste reduction targets identified in 75-10-803 , each state agency, the legislature, and the university system shall:

(a) prepare a waste reduction and recycling plan to reduce the solid waste generated by state government. This plan must be submitted to the department and must include, at a minimum, provisions for the composting of yard wastes and the recycling of office and computer paper, cardboard, used motor oil, used oil filters, and other materials produced by the state for which recycling markets exist or may be developed.

(b) establish and implement a waste reduction and recycling program; and

(c) apply computer technology to reduce the generation of waste paper through:

(i) the use of digital access systems;

(ii) the transfer of information in electronic rather than paper form; and

(iii) other applications of computer technology.

(2) The plan must be evaluated every 5 years and updated as necessary.
Mont. Code Ann. § 75-10-704 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-704
75-10-704 Environmental quality protection fund
Status: in_force

75-10-704 . Environmental quality protection fund. (1) Subject to legislative fund transfers, there is in the state special revenue fund an environmental quality protection fund to be administered as a revolving fund by the department. The department is authorized to expend amounts from the fund necessary to carry out the purposes of this part.

(2) The fund may be used by the department only to carry out the provisions of this part and for remedial actions taken by the department pursuant to this part in response to a release of hazardous or deleterious substances.

(3) The department shall:

(a) except as provided in subsection (7), establish and implement a system, including the preparation of a priority list, for prioritizing sites for remedial action based on potential effects on human health and the environment; and

(b) investigate, negotiate, and take legal action, as appropriate, to identify liable persons, to obtain the participation and financial contribution of liable persons for the remedial action, to achieve remedial action, and to recover costs and damages incurred by the state.

(4) There must be deposited in the fund:

(a) all penalties, forfeited financial assurance, natural resource damages, and remedial action costs recovered pursuant to 75-10-715 ;

(b) all administrative penalties assessed pursuant to 75-10-714 and all civil penalties assessed pursuant to 75-10-711 (5);

(c) funds allocated to the fund by the legislature;

(d) proceeds from the resource indemnity and ground water assessment tax as authorized by 15-38-106 ;

(e) funds received from the interest income of the resource indemnity trust fund pursuant to 15-38-202 ;

(f) funds received from the interest income of the fund;

(g) funds received from settlements pursuant to 75-10-719 (7);

(h) funds received from the interest paid pursuant to 75-10-722 ;

(i) costs recovered pursuant to 75-8-106 (7) and penalties recovered pursuant to 75-8-109 ; and

(j) funds transferred from the orphan share account pursuant to 75-10-743 (10). The full amount of these funds must be dedicated each fiscal year as follows:

(i) 50% to the state's contribution for cleanup and long-term operation and maintenance costs at the Libby asbestos superfund site and allocated pursuant to 75-10-1603 and 75-10-1604 ; and

(ii) [(A) except for the amount provided in subsection (4)(j)(ii)(B),] 50% to metal mine reclamation projects at abandoned mine sites, as provided in 82-4-371 . This subsection (4)(j)(ii) does not apply to exploration or mining work performed after March 9, 1971[, except as provided in subsection (4)(j)(ii)(B)]. Projects funded under this subsection (4)(j)(ii) are not subject to the requirements of Title 75, chapter 10, part 7.

[(B) $500,000 a year through June 30, 2038, for long-term maintenance and water treatment at the CR Kendall mine reclamation site. This transfer must be completed before initiating the transfer provided in subsection (4)(j)(ii)(A).]

(5) Whenever a legislative appropriation is insufficient to carry out the provisions of this part and additional money remains in the fund, the department shall seek additional authority to spend money from the fund through the budget amendment process provided for in Title 17, chapter 7, part 4.

(6) Whenever the amount of money in the fund is insufficient to carry out remedial action, the department may apply to the governor for a grant from the environmental contingency account established pursuant to 75-1-1101 .

(7) (a) There is established a state special revenue account for all funds donated or granted from private parties to remediate a specific release at a specific facility. There must be deposited into the account the interest income earned on the account. A person is not liable under 75-10-715 solely as a result of contributing to this account.

(b) Funds donated or granted for a specific project pursuant to this subsection (7) must be accumulated in the fund until the balance of the donated or granted funds is sufficient, as determined by the department, to remediate the facility pursuant to the requirements of 75-10-721 for which the funds are donated.

(c) If the balance of the fund created in this subsection (7), as determined by the department pursuant to the requirements of 75-10-721 , is not sufficient to remediate the facility within 1 year from the date of the initial contribution, all donated or granted funds, including any interest on those donated or granted funds, must be returned to the grantor.

(d) If the balance for a specific project is determined by the department to be sufficient to remediate the facility pursuant to the requirements of 75-10-721 , the department shall give that site high priority for remedial action, using the funds donated under this subsection (7).

(e) This subsection (7) is not intended to delay, to interfere with, or to diminish the authority or actions of the department to investigate, negotiate, and take legal action, as appropriate, to identify liable persons, to obtain the participation and financial contribution of liable persons for the remedial action, to achieve remedial action, and to recover costs and damages incurred by the state.

(f) The department shall expend the funds in a manner that maximizes the application of the funds to physically remediating the specific release.

(8) (a) A person may donate in-kind services to remediate a specific release at a specific facility pursuant to subsection (7). A person who donates in-kind services is not liable under 75-10-715 solely as a result of the contribution of in-kind services.

(b) A person who donates in-kind services with respect to remediating a specific release at a specific facility is not liable under this part to any person for injuries, costs, damages, expenses, or other liability that results from the release or threatened release, including but not limited to claims for indemnification or contribution and claims by third parties for death, personal injury, illness, loss of or damage to property, or economic loss.

(c) Immunity from liability, pursuant to subsection (8)(b), does not apply in the case of a release that is caused by conduct of the entity providing in-kind services that is negligent or grossly negligent or that constitutes intentional misconduct.

(d) When a person is liable under 75-10-715 for costs or damages incurred as a result of a release or threatened release of a hazardous or deleterious substance, the person may not avoid that liability or responsibility under 75-10-711 by subsequent donations of money or in-kind services under the provisions of subsection (7) and this subsection (8).

(e) Any donated in-kind services that are employed as part of a remedial action pursuant to this subsection (8) must be approved by the department as appropriate remedial action. (Bracketed language in subsection (4)(j)(ii) terminates June 30, 2038--sec. 6, Ch. 196, L. 2025; subsection (4)(j) terminates June 30, 2038--sec. 3, Ch. 196, L. 2025.)