Mont. Code Ann. § 75-5-312 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-312
75-5-312 Temporary water quality standards
Status: in_force

75-5-312 . Temporary water quality standards. (1) The department may, on its own accord or upon a petition for rulemaking, as provided in 2-4-315 , by a person, including a permit applicant or permittee, temporarily modify a water quality standard for a specific water body or segment on a parameter-by-parameter basis in those instances in which substantive information indicates that the water body or segment is not supporting its designated uses. When the department adopts temporary standards, the goal is to improve water quality to the point at which all the beneficial uses designated for that water body or segment are supported.

(2) As a condition for establishing temporary water quality standards for a particular water body or segment, the department or the petitioner, as applicable, shall prepare a support document and a preliminary implementation plan for use by the department in determining whether to adopt the proposed temporary water quality standards. A person shall submit a support document and a preliminary implementation plan to the department for its review at least 60 days prior to filing a petition with the department requesting the adoption of temporary water quality standards.

(3) The support document prepared by the department or the petitioner, as applicable, must describe:

(a) the chemical, biological, and physical condition of the water body or segment;

(b) the specific water quality limiting factors affecting the water body or segment;

(c) the existing water quality standards that are not being achieved;

(d) the temporary modifications to the existing water quality standards being requested;

(e) existing beneficial uses; and

(f) the designated uses considered attainable in the absence of the water quality limiting factors.

(4) The preliminary implementation plan prepared by the department or the petitioner, as applicable, must contain:

(a) a description of the proposed actions that will eliminate the water quality limiting factors identified in subsection (3)(b) to the extent considered achievable; and

(b) a schedule for implementing the proposed actions that ensures that the existing water quality standards for the parameter or parameters at issue are met as soon as reasonably practicable.

(5) Within 30 days after the department's adoption of temporary water quality standards, the department or the petitioner, as applicable, shall:

(a) modify the preliminary implementation plan and schedule to reflect the requirements and timeframe adopted by the department for the temporary standards; and

(b) develop a detailed work plan describing the implementation activities that will be conducted during the first field season of the temporary standards. The work plan must be approved by the director of the department.

(6) By March 1 of each year that the temporary water quality standards are in effect, the department or the petitioner, as applicable, shall submit a detailed work plan describing the implementation activities that will be conducted during that season. The annual work plans must be approved by the director of the department. The department shall maintain copies of the implementation plan, schedule, and annual work plans and any modifications to those plans and schedule.

(7) Upon the department's adoption of a temporary water quality standard, the department shall ensure that reasonable conditions and limitations designed to achieve compliance with the implementation plan are established in appropriate discharge permits.

(8) (a) A temporary modification of a water quality standard may not result in adverse impacts to existing beneficial uses or be established for a total period longer than 20 years.

(b) During the period of the temporary modification, the department may not allow a discharge that will cause overall water quality to become worse than the overall quality of the water body or segment prior to the discharge.

(9) If a state water is designated as having temporary standards, the department shall report at least every 3 years regarding whether adequate efforts have been made to implement the plans submitted as the basis for the temporary standards.

(10) The department shall review the temporary standards and implementation plan at least every 3 years at a public hearing for which notice and an opportunity for comment have been provided. During this review, the department shall consider the progress made in restoring water quality to a level that achieves the goal of the temporary water quality standards. The department may terminate or modify the temporary standards based on information submitted at the time of review.

(11) The department shall terminate a temporary standard for a parameter if:

(a) values for the modified parameter or parameters improve to conditions that support all designated uses for that classification;

(b) the state water for which the temporary standard is adopted is reclassified as provided for in 75-5-302 ; or

(c) the plan submitted in support of the temporary water quality standard is not being implemented according to the plan's schedule or modifications to that plan or schedule made by the department.

(12) The department may modify the implementation plan if there is convincing evidence that the plan needs modification.

(13) If a temporary standard for a parameter in a particular state water is terminated because the plan submitted in support of the temporary water quality standard is not being implemented according to the plan's schedule or modifications to that schedule made by the department, a person may request a new temporary standard by submitting both a petition for rulemaking and an implementation plan that meet the requirements of subsection (4). However, the department may not adopt another temporary standard for the parameter in the state water that would cumulatively be in effect for a total period longer than 20 years for the parameter in the state water.
Mont. Code Ann. § 75-15-201 — MT Code / Title 75 / Chapter 15 / Part 2 / Section 75-15-201
75-15-201 Purposes
Status: in_force

75-15-201 . Purposes. (1) For the purposes of promoting the public safety, health, and welfare and the convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary systems within this state.

(2) The legislature hereby finds and declares that junkyards which do not conform to the requirements of this part are public nuisances.
Mont. Code Ann. § 75-6-211 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-211
75-6-211 Revolving fund
Status: in_force

75-6-211 . Revolving fund. (1) There is established in the state treasury a separate account designated as the drinking water state revolving fund. The corpus of the fund must be available in perpetuity for providing assistance under this part. There are established within the revolving fund a federal allocation account, a state allocation account, an administration account, an investment income account, and a debt service account. A nonproject account for the program is established in the state treasury as a separate account that is outside the revolving fund.

(2) There must be credited to:

(a) the federal allocation account:

(i) all amounts received by the state pursuant to the federal act as capitalization grants for a state revolving fund to provide loans or other assistance, as authorized under this part, to community water systems and nonprofit noncommunity water systems; and

(ii) all amounts transferred to the fund from the water pollution control state revolving fund under 75-5-1106 ;

(b) the state allocation account:

(i) the net proceeds of bonds of the state issued pursuant to 75-6-225 , less any proceeds deposited to the administration account as provided in subsection (2)(c)(ii);

(ii) money appropriated by the legislature; and

(iii) other available qualifying funds;

(c) the administration account, an amount not to exceed 4% of the federal capitalization grant award or the maximum amount allowed by the federal act for payment of administrative costs and that may include a combination of:

(i) federal funds; and

(ii) the proceeds of bonds of the state issued pursuant to 75-6-225 as the department determines necessary and as required by the federal act for state matching funds to assist in administering the program;

(d) the investment account, all money received from investment of amounts in those accounts in the revolving fund designated by the board of examiners in the resolution or trust indenture authorizing the issuance of bonds;

(e) the debt service account, the interest portion of loan repayments; and

(f) 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)), up to 10% of the capitalization grant and the state's match as described in 75-6-204 .

(3) Each loan made under this part must be funded and disbursed from the federal allocation account or the state allocation account, or both, by the department of natural resources and conservation as recommended by the department. All amounts received in payment of principal or interest on a loan must be credited to the revolving fund. If bonds have been issued pursuant to 75-6-225 and are outstanding, the interest payments must be transferred to the debt service account securing the bonds. Money in the debt service account that is not required for debt service may be transferred to other accounts within the revolving fund as provided in the resolution or trust indenture authorizing the bonds. The department may transfer payments and prepayments of the principal of loans deposited in the state allocation account to the state allocation account of the state's water pollution control revolving fund program.

(4) The department of natural resources and conservation may establish additional accounts and subaccounts within the revolving fund that it considers necessary to account for the program money and to ensure compliance with the federal act and this part.

(5) As allowed under the federal act, the governor may reserve or transfer to the state's water pollution control revolving fund up to 33% of the state's drinking water revolving fund program capitalization grant. The transfer of funds must be included in the intended use plan in 75-6-231 .
Mont. Code Ann. § 75-7-402 — MT Code / Title 75 / Chapter 7 / Part 4 / Section 75-7-402
75-7-402 Distribution of model rule
Status: in_force

75-7-402 . Distribution of model rule. The department shall send to the governing body of each county a notice of any rulemaking proceeding or hearing under 75-7-401 , a copy of the model rule, and a copy of any amendment proposed or adopted.
Mont. Code Ann. § 75-2-413 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-413
75-2-413 Civil penalties -- venue -- effect of action -- presumption of continuing violation under certain circumstances
Status: in_force

75-2-413 . Civil penalties -- venue -- effect of action -- presumption of continuing violation under certain circumstances. (1) (a) A person who violates any provision of this chapter, a rule adopted under this chapter, or any order or permit made or issued under this chapter is subject to a civil penalty not to exceed $10,000 for each violation. Each day of each violation constitutes a separate violation. The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. The civil penalty is in lieu of the criminal penalty provided for in 75-2-412 , except for civil penalties for violation of the operating permit program required by Subchapter V of the federal Clean Air Act.

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

(2) (a) Action under subsection (1) is not a bar to enforcement of this chapter or of a rule, order, or permit made or issued under this chapter by injunction or other appropriate civil remedies.

(b) An action under subsection (1) or to enforce this chapter or a rule, order, or permit made or issued under this chapter may be brought in the district court of any county where a violation occurs or is threatened.

(3) If the department has notified a person operating a commercial hazardous waste incinerator of a violation and if the department makes a prima facie showing that the conduct or events giving rise to the violations are likely to have continued or recurred past the date of notice, the days of violation are presumed to include the date of the notice and every day after the notice until the person establishes that continuous compliance has been achieved. This presumption may be overcome to the extent that the person operating a commercial hazardous waste incinerator can prove by a preponderance of evidence that there were intervening days when a violation did not occur, that the violation was not continuing in nature, or that the telemetering device was compromised or otherwise tampered with.

(4) Money collected under this section must be deposited in the alternative energy revolving loan account established in 75-25-101 . This subsection does not apply to money collected by an approved local air pollution control program.
Mont. Code Ann. § 75-5-302 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-302
75-5-302 Revising classifications in accordance with existing, present, and future most beneficial uses of water bodies
Status: in_force

75-5-302 . Revising classifications in accordance with existing, present, and future most beneficial uses of water bodies. When the department is presented with facts indicating that a body of water is not properly classified in accordance with its existing, present, and future most beneficial uses, the department shall, within 90 days, evaluate the facts. If the department determines that the water body is not properly classified, the department shall initiate rulemaking to properly classify the water body in accordance with its existing, present, and future most beneficial uses. Action pursuant to this section is subject to 75-5-307 .
Mont. Code Ann. § 75-3-606 — MT Code / Title 75 / Chapter 3 / Part 6 / Section 75-3-606
75-3-606 Radon disclosure statement on real estate documents -- disclosure of prior radon testing -- immunity from liability
Status: in_force

75-3-606 . Radon disclosure statement on real estate documents -- disclosure of prior radon testing -- immunity from liability. (1) A radon disclosure statement must be provided on at least one document, form, or application executed prior to or contemporaneously with an offer for the purchase and sale of inhabitable real property. The seller or seller's agent shall provide the following disclosure statement to the buyer, and the buyer shall acknowledge receipt of this disclosure statement by signing a copy of the disclosure statement:

"RADON GAS: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN MONTANA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY OR STATE PUBLIC HEALTH UNIT."

(2) Whenever a seller knows that a building has been tested for radon gas and radon progeny, the seller shall provide to the buyer, prior to or upon entry into a contract for the purchase of that building, a copy of the results of that test and evidence of any subsequent mitigation or treatment. A prospective buyer who contracts for the testing may receive the results of that testing. The furnishing of test results and evidence of mitigation or treatment is not to be construed as a promise, warranty, or representation of any sort by the seller or the seller's agent that the test results are accurate or that the mitigation or treatment is effective. This section does not create a contingency on the purchase of the property or any right to rescind a contract for purchase unless the contingency or right to rescind is an express term of the applicable contract.

(3) A seller or seller's agent who complies with subsections (1) and (2) is not liable in any action based on the presence of radon gas or radon progeny in the building.
Mont. Code Ann. § 75-7-207 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-207
75-7-207 Regulations for issuance of permits
Status: in_force

75-7-207 . Regulations for issuance of permits. (1) Before January 1, 1976, every governing body having jurisdiction over an area containing a lake shall adopt regulations in the form of criteria for the issuance or denial of permits for work in lakes.

(2) Where a planning board has been created under 76-1-104 for an area containing a lake, the governing body shall seek the recommendations of the planning board as to the regulations to be adopted under this part.

(3) The local governing body may provide a summary procedure to permit work which it finds has a minimal or insignificant impact on a lakeshore.

(4) A governing body whose area contains more than one lake may adopt regulations in differing form for the various lakes, recognizing the physical and social differences between lakes.

(5) The requirements of 75-7-208 are minimum requirements and do not restrict a local governing body from adopting such stricter or additional regulations as may be authorized by other statutes.
Mont. Code Ann. § 75-26-310 — MT Code / Title 75 / Chapter 26 / Part 3 / Section 75-26-310
75-26-310 Rulemaking
Status: in_force

75-26-310 . Rulemaking. The department shall adopt rules prescribing:

(1) standards and procedures for the submission of reasonable bonds with good and sufficient surety by the owners of wind generation facilities and solar facilities;

(2) the collection of penalties in accordance with 75-26-304 (9);

(3) criteria and the process for releasing a bond in accordance with 75-26-309 ;

(4) the department's use of a bond in the event that the owner of a wind generation facility or solar facility fails to decommission a wind generation facility or solar facility;

(5) information required by the department to determine bond requirements in accordance with 75-26-304 ; and

(6) any additional requirements to ensure compliance with this part.
Mont. Code Ann. § 75-15-134 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-134
75-15-134 Violation as misdemeanor
Status: in_force

75-15-134 . Violation as misdemeanor. Any person violating any provision of this part is guilty of a misdemeanor.
Mont. Code Ann. § 75-11-504 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-504
75-11-504 Powers of department
Status: in_force

75-11-504 . Powers of department. (1) The department may:

(a) administer and enforce the provisions of this part, rules implementing this part, and orders and permits issued pursuant to this part;

(b) accept and administer grants from the federal government and from other sources, public and private;

(c) abate public nuisances that affect the public health and welfare or the environment and that arise from or in connection with the past or present handling or disposal of any regulated substance; and

(d) enter property and permanently close an underground storage tank that:

(i) was in use after November 22, 1989;

(ii) was not permanently closed before December 23, 1998, in accordance with closure requirements established by this part; and

(iii) was neither:

(A) initially installed in accordance with design requirements established pursuant to this part; nor

(B) upgraded in accordance with rules adopted pursuant to this part.

(2) The department shall integrate all provisions of this part with other laws administered by the department to avoid unnecessary duplication.
Mont. Code Ann. § 75-16-103 — MT Code / Title 75 / Chapter 16 / Part 1 / Section 75-16-103
75-16-103 Forum
Status: in_force

75-16-103 . Forum. An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating or that may originate in this state may be brought in this state.
Mont. Code Ann. § 75-11-312 — MT Code / Title 75 / Chapter 11 / Part 3 / Section 75-11-312
75-11-312 Review of corrective action plans and claims
Status: in_force

75-11-312 . Review of corrective action plans and claims. (1) To ensure that the fund provided for in 75-11-313 is being used in the most efficient manner, the board shall implement a program of third-party review for corrective action plans and claims. The board may submit a corrective action plan or claim for review by a qualified third party of the board's choosing.

(2) If a third-party review suggests that a corrective action plan is inappropriate for the release, the board may remand the plan to the department for further review.

(3) If a third-party review suggests that submitted costs do not comply with the requirements of 75-11-309 (3)(a), the board may deny the costs, subject to 75-11-309 (4).
Mont. Code Ann. § 75-6-302 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-302
75-6-302 Purpose
Status: in_force

75-6-302 . Purpose. (1) It is the purpose of this part to permit certain public agencies to make the most efficient use of their powers relating to public water supplies and the transportation and treatment of wastewater by enabling them to cooperate with other public agencies on a basis of mutual advantage and to provide services and facilities to participating public agencies. It is also the purpose of this part to provide for the establishment of a public body, corporate and politic, that is known as a regional water authority or, when appropriate, a regional wastewater authority or regional water and wastewater authority. The function of the regional water authority is to secure a source of water on a scale larger than is feasible for individual public agencies acting alone and to sell the water to public service districts, municipalities, publicly and privately owned water utilities, and others. The function of the regional wastewater authority is to enable public agencies to join together to provide the most economical method of transportation and treatment of wastewater and to provide the transportation and treatment services to public service districts, municipalities, publicly and privately owned wastewater utilities, and others. The function of the regional water and wastewater authority is to enable public agencies to join together to carry out the joint functions of both a regional water authority and a regional wastewater authority.

(2) In addition to the purposes for which it may have originally been created, any authority created pursuant to this part may enter into agreements with public agencies, privately owned utilities, and other authorities for the provision of related services, including but not limited to the following:

(a) administration;

(b) operation and maintenance; and

(c) billing and collection.
Mont. Code Ann. § 75-8-109 — MT Code / Title 75 / Chapter 8 / Part 1 / Section 75-8-109
75-8-109 Enforcement of plan -- penalty
Status: in_force

75-8-109 . Enforcement of plan -- penalty. (1) If the department finds that an owner has failed to file a plan or implement an approved plan, it may serve written notice of the violation, by certified mail, on the owner. The notice must specify the provisions of this part 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 by mail is complete on the date of mailing.

(2) The department's order becomes final unless, within 30 days after notice of the department's decision or determination, the owner submits to the department a written request for a hearing specifying the grounds for the appeal.

(3) (a) An action initiated under this section may include an administrative penalty determined by the department for each day of a violation. If an order issued by the department under this section requires the payment of an administrative civil penalty, the department shall state findings and conclusions describing the basis for its penalty assessment.

(b) Administrative penalties collected under this section must be deposited in the environmental quality protection fund established in 75-10-704 .

(c) In determining the amount of penalty to be assessed for an alleged violation under this section, the department shall consider the penalty factors in 75-1-1001 .

(d) The department may bring a judicial action to enforce a final administrative order issued pursuant to this subsection (3). The action must be filed in the district court of the first judicial district, Lewis and Clark County.
Mont. Code Ann. § 75-1-209 — MT Code / Title 75 / Chapter 1 / Part 2 / Section 75-1-209
75-1-209 Agency determination of categorical exclusion
Status: in_force

75-1-209 . Agency determination of categorical exclusion. (1) (a) A state agency as defined in 2-4-102 shall identify actions that meet the definition of a categorical exclusion as provided in 75-1-220 .

(b) A state action identified by a state agency as a categorical exclusion is exempt from the provisions of Title 75, chapter 1, parts 1 and 2.

(c) A state action determined by the state agency as meeting the requirements of a categorical exclusion under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and 40 CFR, parts 1500 through 1508, is exempt from the provisions of Title 75, chapter 1, parts 1 and 2.

(2) For a state action identified by a state agency as a categorical exclusion, there is a rebuttable presumption that extraordinary circumstances do not exist and that neither an environmental analysis nor an environmental impact statement is required.

(3) State agencies retain all existing authority provided in Title 75, chapter 1, parts 1 and 2, to identify and adopt, as authorized by rule, categorical exclusions and programmatic environmental assessments.
Mont. Code Ann. § 75-2-402 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-402
75-2-402 Emergency procedure
Status: in_force

75-2-402 . Emergency procedure. (1) Any other law to the contrary notwithstanding, if the department finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the department shall order persons causing or contributing to the air pollution to immediately reduce or discontinue the emission of air contaminants. Upon issuance of this order, the department shall fix a place and time within 24 hours for a hearing to be held before the board. Within 24 hours after the start of the hearing and without adjournment, the board shall confirm, modify, or set aside the order of the department.

(2) Except as provided in subsection (1), if the department finds that emissions from the operation of one or more air contaminant sources are causing imminent danger to human health or safety, it may order the person responsible for the operation in question to reduce or discontinue emissions immediately, without regard for 75-2-401 . In this event, the requirements for hearing and confirmation, modification, or setting aside of orders as provided in subsection (1) apply.

(3) This section does not limit any power that the governor or any other officer may have to declare an emergency and act on the basis of this declaration, whether the power is conferred by statute or the constitution or is inherent to the office.
Mont. Code Ann. § 75-6-236 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-236
75-6-236 Projects funded by federal government appropriations
Status: in_force

75-6-236 . 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 75-6-222 , and that are considered to be in compliance with 75-6-224 , the department of natural resources and conservation may advance money to a public water system in anticipation of the receipt of federal funds by the public water system 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 public water system 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 public water system promises to pay and pledges to the department of natural resources and conservation the proceeds of the grant when received.
Mont. Code Ann. § 75-10-414 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-414
75-10-414 Injunctions
Status: in_force

75-10-414 . 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 any person from engaging in any unauthorized activity which 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 of the department or the board, or a permit provision without the necessity of prior revocation of the permit; or

(3) require compliance with this part, a rule adopted under this part, an order of the department or the board, or a permit provision.
Mont. Code Ann. § 75-2-502 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-502
75-2-502 Definitions
Status: in_force

75-2-502 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Accreditation" means a certificate issued by the department that permits a person to work in an asbestos-related occupation.

(2) "Asbestos" means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, or actinolite.

(3) "Asbestos project" means the encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition of asbestos in a building or other structure, or the transportation or disposal of asbestos-containing waste. The term does not include a project that involves less than 10 square feet in surface area or 3 linear feet of pipe.

(4) "Asbestos-related occupation" means an inspector, management planner, project designer, contractor, supervisor, or worker for an asbestos project.

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

(6) "Person" means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, state or municipal agency, political subdivision of the state, or any other entity.
Mont. Code Ann. § 75-10-736 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-736
75-10-736 Approval of voluntary cleanup plan -- time limits -- content of notice -- expiration of approval
Status: in_force

75-10-736 . Approval of voluntary cleanup plan -- time limits -- content of notice -- expiration of approval. (1) The department shall review for completeness, including adequacy and accuracy, in accordance with the requirements of 75-10-734 , the environmental assessment component of a voluntary cleanup plan and shall provide a written completeness notice to the applicant within 30 days of receipt. The completeness notice must note all deficiencies identified in the information submitted.

(2) Once the department determines that the environmental assessment component of a voluntary cleanup plan is complete, the applicant may submit the remediation proposal component. The department shall review the remediation proposal for completeness, including adequacy and accuracy, in accordance with the requirements of 75-10-734 , and shall provide a written completeness notice to the applicant within 30 days of receipt. The completeness notice must note all deficiencies identified in the information submitted.

(3) Once the department determines that the application for a voluntary cleanup plan is complete pursuant to subsections (1) and (2), the department shall provide formal written notification of approval or disapproval within 60 days unless the applicant and the department agree to an extension of the review to a date certain. The review must be limited to a review of the materials submitted by the applicant, public comments, and documents or information readily available to the department. The department shall communicate with the applicant during the review period to ensure that the applicant has the opportunity to address the public comments.

(4) (a) If the department receives five applications for review of either component of a voluntary cleanup plan in a calendar month, including applications deferred from prior months, the department may notify any additional applicants in that month that their plans must be reviewed in the order received. The 60-day period for department completeness review of deferred applications must begin on the first day of the subsequent month that each plan is eligible for review.

(b) The department shall discontinue accepting either component of voluntary cleanup applications when 15 applications are pending and are being reviewed by the department. The department shall establish a waiting list for applications and shall consider the applications in order of submittal.

(c) If the department has received multiple applications for a voluntary cleanup at the same facility, the department shall notify all of the applicants and offer them the opportunity to submit a joint application.

(5) Consistent with the provisions of 75-10-707 , the department may access the facility during review of either component of the application and implementation of the voluntary cleanup plan to confirm information provided by the applicant and verify that the cleanup is being conducted consistent with the approved plan.

(6) (a) The department shall approve a voluntary cleanup plan if the department concludes that the plan meets the requirements specified in 75-10-734 and will attain a degree of cleanup and control of hazardous or deleterious substances that complies with the requirements of 75-10-721 .

(b) Except for the period necessary for the operation and maintenance of the approved remediation proposal, the department may not approve a voluntary remediation proposal that would:

(i) take longer than 60 months after department approval to achieve the cleanup levels proposed by the applicant under 75-10-734 (3)(a)(i) and approved by the department; or

(ii) take longer than 120 months after department approval to achieve the cleanup levels for ground water proposed by the applicant under 75-10-734 (3)(a)(i) and approved by the department, including ground water standards identified as applicable or relevant state or federal environmental requirements, criteria, or limitations pursuant to 75-10-721 .

(7) If a voluntary cleanup plan is not approved by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial. The denial may be appealed to the board of environmental review in accordance with the provisions of 75-10-732 (4).

(8) The approval of a voluntary cleanup plan by the department applies only to conditions at the facility that are known to the department at the time of department approval. If a voluntary remediation proposal is not initiated within 12 months and, except for the period necessary for the operation and maintenance of the approved remediation proposal, is not completed within 60 months after approval by the department, the department's approval lapses. However, the department may grant an extension of the time limit for completion of the voluntary cleanup plan.

(9) If conditions are discovered during implementation of a voluntary cleanup plan that were not identified in the environmental assessment component pursuant to subsection (1), affect the risk to public health, safety, or welfare or the environment, and change the scope of the approved plan, the applicant shall notify the department within 10 days of discovery. The department may require the applicant to submit an amendment to the approved plan to address the conditions or may determine that a voluntary cleanup plan is no longer appropriate pursuant to 75-10-732 (3).

(10) Departmental approval is void if the applicant or the applicant's agents:

(a) fail to materially comply with the voluntary cleanup plan;

(b) submit materially misleading information in the application or during implementation of the voluntary cleanup plan; or

(c) fail to report any newly discovered information to the department during the application process or implementation of the voluntary cleanup plan regarding releases or threatened releases of hazardous or deleterious substances within 10 days of discovery of that information.

(11) Within 60 days after completion of the approved remediation proposal described in the voluntary cleanup plan approved by the department, the applicant shall provide to the department a certification from a qualified environmental professional that the plan has been fully implemented, including all documentation necessary to demonstrate the successful implementation of the plan, such as confirmation sampling, if necessary.

(12) Except as provided in 75-10-738 (2)(b), the department may not require financial assurance under this part for voluntary cleanup plans approved under this section.

(13) If a person who would otherwise not be a liable person under 75-10-715 (1) elects to undertake an approved voluntary cleanup plan, the person may not become a liable person under 75-10-715 (1) by undertaking a voluntary cleanup if the person materially complies with the voluntary cleanup plan approved by the department pursuant to this section.

(14) Immunity from liability under this section does not apply to a release that is caused by conduct that is negligent or grossly negligent or that constitutes intentional misconduct.
Mont. Code Ann. § 75-15-202 — MT Code / Title 75 / Chapter 15 / Part 2 / Section 75-15-202
75-15-202 Interpretation
Status: in_force

75-15-202 . Interpretation. Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than the provisions of this part.
Mont. Code Ann. § 75-11-501 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-501
75-11-501 Short title
Status: in_force

75-11-501 . Short title. This part shall be known and may be cited as the "Montana Underground Storage Tank Act".
Mont. Code Ann. § 75-6-115 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-115
75-6-115 Public drinking water special revenue fund
Status: in_force

75-6-115 . Public drinking water special revenue fund. (1) There is a public drinking water special revenue fund within the state special revenue fund established in 17-2-102 .

(2) There must be credited to the public drinking water special revenue fund the revenue from fees assessed, collected, and allocated pursuant to 75-6-108 (4). Funds from the public drinking water special revenue fund may be used only to pay department costs in implementing the public drinking water supply program, as described in this part.
Mont. Code Ann. § 75-10-1202 — MT Code / Title 75 / Chapter 10 / Part 12 / Section 75-10-1202
75-10-1202 Department rulemaking authority
Status: in_force

75-10-1202 . Department rulemaking authority. Except as provided in subsection (4), the department shall adopt rules governing the licensure of a person engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage. The rules must provide:

(1) procedures for issuance, denial, renewal, and revocation of licenses;

(2) requirements that provide for the sanitary disposal of septage, including:

(a) application of septage to agricultural land, forest land, and reclamation sites;

(b) standards governing rates of application pursuant to subsection (2)(a);

(c) land application standards and restrictions, including:

(i) pathogen restrictions and treatment requirements;

(ii) vector attraction reduction requirements;

(iii) frequency of monitoring; and

(iv) recordkeeping requirements; and

(3) surface disposal standards, including:

(a) the vector attraction reduction requirements for septage placed on an active sewage sludge unit;

(b) the frequency of monitoring required when septage is placed on an active sewage sludge unit;

(c) the recordkeeping required when septage is placed on a surface disposal site; and

(d) requirements for the disposal of waste from:

(i) cesspools, septic tanks, portable toilets, and other similar treatment works that receive industrial wastewater or grease removed from grease traps; and

(ii) grease traps.

(4) The department may not adopt rules pertaining to the business operations of persons engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage, including the fees charged for cleaning or leasing portable toilets.
Mont. Code Ann. § 75-5-1121 — MT Code / Title 75 / Chapter 5 / Part 11 / Section 75-5-1121
75-5-1121 Authorization of bonds -- allocation of proceeds
Status: in_force

75-5-1121 . Authorization of bonds -- allocation of proceeds. (1) Upon request of the department of natural resources and conservation, the board of examiners is authorized to issue and sell bonds of the state as authorized by the legislature to provide money for the program. The bonds are general obligations on which the full faith, credit, and taxing powers of the state are pledged for payment of the principal and interest. The bonds must be issued as provided by Title 17, chapter 5, part 8.

(2) (a) Except as otherwise provided in this subsection (2), the proceeds of the bonds are allocated to the state allocation account or the administration account of the revolving fund, as provided in 75-5-1106 .

(b) Any accrued interest and bond proceeds to be used to pay interest must be deposited in the debt service account of the revolving fund.

(c) Proceeds of bonds to be used to pay the costs of issuing the bonds must be deposited in a cost of issuance account established outside of the revolving fund by the board of examiners in the resolution or trust indenture authorizing the issuance of the bonds.

(d) Any premium received must be deposited in the state allocation account, the debt service account, or the cost of issuance account as directed by the board of examiners in the resolution or trust indenture regarding the bonds.

(e) For purposes of 17-5-803 and 17-5-804 , the state allocation account and the cost of issuance account constitute a capital projects account. The proceeds must be available to the department and the department of natural resources and conservation and may be used for the purposes authorized in this part without further budgetary authorization.

(3) In the resolution authorizing the sale and issuance of the bonds, the board of examiners, upon the request of the department of natural resources and conservation, may create separate accounts or subaccounts to provide for the payment security of the bonds and may pledge the interest component of the loan repayments credited to the revolving fund and the revolving fund as security for the bonds.

(4) The board of examiners may allow bonds issued under this section to be secured by a trust indenture between the board of examiners and a trustee. The trustee may be a trust company or bank having the powers of a trustee inside or outside the state.

(a) If the board of examiners elects to issue bonds pursuant to a trust indenture, the trustee may, as determined by the board of examiners, hold one or more of the funds and accounts created pursuant to this chapter.

(b) In addition to provisions that the board of examiners determines to be necessary and appropriate to secure the bonds, provide for the rights of the bondholders, and ensure compliance with all applicable law, the trust indenture must contain provisions that:

(i) govern the custody, safeguarding, and disbursement of all money held by the trustee under the trust indenture; and

(ii) permit representatives of the state treasurer, department, or department of natural resources and conservation, upon reasonable notice and at reasonable times, to inspect the trustee's books and records concerning the trust indenture.

(c) A trust indenture or an executed counterpart of a trust indenture developed pursuant to this chapter must be filed with the secretary of state.
Mont. Code Ann. § 75-10-522 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-522
75-10-522 Use of motor vehicle graveyards by individuals
Status: in_force

75-10-522 . Use of motor vehicle graveyards by individuals. An individual may dispose of a junk vehicle by delivering the vehicle to a motor vehicle graveyard and by delivering to the department the certificate or evidence of title to the vehicle or a written release of the vehicle.
Mont. Code Ann. § 75-8-106 — MT Code / Title 75 / Chapter 8 / Part 1 / Section 75-8-106
75-8-106 Approval of plan -- time limits -- contents and expiration
Status: in_force

75-8-106 . Approval of plan -- time limits -- contents and expiration. (1) (a) The department shall review for completeness a remediation plan and provide a written completeness notice to an owner within 60 days of receipt of the remediation plan and within 30 days of receipt of responses to notices of deficiencies. The initial completeness notice must include all deficiencies identified in the information submitted.

(b) Review of the plan is not subject to Title 75, chapter 1, parts 1 through 3.

(c) During the review period provided in subsection (5), an owner may respond in writing to the comments received by the department during the public comment period.

(2) The department shall provide formal written notification of approval or modification within 120 days of determining a proposed remediation plan is complete, unless the owner and the department agree to an extension of the review to a date certain. Any modification by the department is limited to a modification necessary to conform the plan to applicable legal obligations.

(3) The department may access the site where the unit is located, the unit itself, and affected property, at reasonable times and after reasonable notice to the owner, during review of the plan to confirm information provided by the owner and is consistent with the proposed plan.

(4) The department shall approve a remediation plan if the department concludes that the plan meets the requirements of this part.

(5) Within 10 days of the date the department determines that a proposed remediation plan is complete, the department shall publish a notice and brief summary of the proposed remediation plan in a daily newspaper of general circulation in the area affected and make the plan available to the public. The department also shall post the notice on its website. The notice must provide 45 days for submission of written comments to the department regarding the plan. The notice must also advise the public of the time and place of a public meeting at or near the coal-fired generating unit site regarding the proposed remediation plan. The meeting must be held within 45 days of the date that written notice of the department's completeness determination is provided to the owner or operator. To the extent there is any conflict between the public notice provisions of this section and those contained in any applicable legal obligation, the provisions of the applicable legal obligation supersede the requirements of this subsection.

(6) If a remediation plan is modified by the department, the department shall promptly provide the public with notice through its website and the owner with notice through a written statement of the reasons for modification. A modification may be appealed in accordance with 75-8-108 .

(7) To the extent costs are not recovered or recoverable under other applicable legal obligations, the department may recover its actual costs, including administrative costs, for its review of a plan and for its monitoring, inspection, and enforcement activities related to the approved plan. Recovered costs must be deposited in the environmental quality protection fund established in 75-10-704 .
Mont. Code Ann. § 75-20-407 — MT Code / Title 75 / Chapter 20 / Part 4 / Section 75-20-407
75-20-407 Jurisdiction of courts restricted
Status: in_force

75-20-407 . Jurisdiction of courts restricted. Except as expressly set forth in 75-20-401 , 75-20-406 , and 75-20-408 , no court of this state has jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the board or department under this chapter or to stop or delay the construction, operation, or maintenance of a facility, except to enforce compliance with this chapter or the provisions of a certificate issued pursuant to 75-20-404 and 75-20-405 or 75-20-408 .
Mont. Code Ann. § 75-5-1103 — MT Code / Title 75 / Chapter 5 / Part 11 / Section 75-5-1103
75-5-1103 Water pollution control state revolving fund program
Status: in_force

75-5-1103 . Water pollution control state revolving fund program. There is a program under which the state may provide financial assistance to municipalities and private persons to finance or refinance part or all of the cost of projects. The program must be administered in accordance with this part and the federal act.
Mont. Code Ann. § 75-10-234 — MT Code / Title 75 / Chapter 10 / Part 2 / Section 75-10-234
75-10-234 Liability -- defense and exclusions
Status: in_force

75-10-234 . Liability -- defense and exclusions. (1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that:

(a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;

(b) the person has not caused or contributed to the violation; and

(c) the person is making an effort to abate the violation.

(2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.
Mont. Code Ann. § 75-15-103 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-103
75-15-103 Definitions
Status: reserved

75-15-103 . Definitions. As used in this part, the following definitions apply:

(1) "Commercial or industrial activities" means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities are considered commercial or industrial:

(a) agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands;

(b) transient or temporary activities;

(c) activities not visible from the main-traveled way;

(d) activities conducted in a building principally used as a residence;

(e) railroad tracks and minor sidings;

(f) activities more than 660 feet from the nearest edge of the right-of-way.

(2) "Commercial or industrial zone" means an area that is used or reserved for business, commerce, or trade pursuant to comprehensive local zoning ordinances, regulations, or enabling state legislation, including highway service areas lawfully zoned as highway service zones, where the primary use of the land is or is reserved for commercial and roadside services, other than outdoor advertising, to serve the traveling public. Areas temporarily zoned as commercial or industrial by an interim zoning district or interim regulation adopted as an emergency measure pursuant to 76-2-206 are not covered by this definition.

(3) "Commission" means the transportation commission of Montana.

(4) "Department" means the department of transportation.

(5) "Information center" means an area or site established or maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing other information that the commission may consider desirable.

(6) "Interchange" or "intersection" means those areas and their approaches where traffic is channeled off or onto an interstate route, including the deceleration lanes or acceleration lanes from or to another federal, state, county, city, or other route.

(7) "Interstate system" means that portion of the national system of interstate and defense highways located within this state as officially designated or as may be designated by the commission and approved by the secretary pursuant to the provisions of Title 23, United States Code, "Highways".

(8) "Maintain" means to allow to exist, subject to the provisions of this part.

(9) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing sign structure in a state suitable for use.

(10) "Outdoor advertising" means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other structure that is designed, intended, or used to advertise or inform and that is visible from any place on the main-traveled way of the interstate or primary systems.

(11) "Primary system" means that portion of connected main highways as officially designated or as may be designated by the commission and approved by the secretary pursuant to the provisions of Title 23, United States Code, "Highways".

(12) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way, by or under public supervision or control, for the convenience of the traveling public.

(13) "Secretary" means the secretary of the United States department of transportation.

(14) "Unzoned commercial or industrial area" means an area not zoned by state or local law, regulation, or ordinance that is occupied by one or more commercial or industrial activities, other than outdoor advertising, on the lands along the highway for a distance of 600 feet immediately adjacent to the activities.

(15) "Urban area" means an urbanized area or place, as designated by the United States bureau of the census, that has a population of 5,000 or more and that is within boundaries fixed by the department. The boundaries must at a minimum encompass the entire urban place designated by the bureau of the census.

(16) "Visible" means capable of being seen and legible without visual aid by a person of normal visual acuity.
Mont. Code Ann. § 75-20-103 — MT Code / Title 75 / Chapter 20 / Part 1 / Section 75-20-103
75-20-103 Chapter supersedes other laws or rules
Status: in_force

75-20-103 . Chapter supersedes other laws or rules. This chapter supersedes other laws or regulations except as provided in 75-20-401 . If any provision of this chapter is in conflict with any other law of this state or any rule promulgated thereunder, this chapter shall govern and control and the other law or rule shall be deemed superseded for the purpose of this chapter. Amendments to this chapter shall have the same effect.
Mont. Code Ann. § 75-11-203 — MT Code / Title 75 / Chapter 11 / Part 2 / Section 75-11-203
75-11-203 Definitions
Status: in_force

75-11-203 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

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

(2) "Closure" or "to close" means the process of properly removing or filling in place an underground storage tank that is no longer in service.

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

(4) "Inspection" means activities to inspect all or part of an underground storage tank system, including records relating to installation, operation, maintenance, and closure to determine compliance with applicable laws and rules relating to operation and maintenance.

(5) "Inspector" means an individual who performs inspections of underground storage tank systems.

(6) (a) "Installation" or "to install" means the placement of an underground storage tank system, including excavation, tank placement, backfilling, and piping of underground portions of the underground storage tank system that store or convey regulated substances. Installation includes repair or modification of an underground storage tank system through such means as tank relining or the repair or replacement of valves, fillpipes, piping, vents, or in-tank liquid-level monitoring systems. Installation also means installation, repair, or modification of a leak detection device that is external to and not attached to the underground storage tank system and the installation, repair, or modification of a cathodic protection system.

(b) The terms do not include the process of conducting a precision (tightness) test to establish the integrity of the underground storage tank system.

(7) "Installer" means an individual who installs or closes underground storage tank systems.

(8) "License" means a license issued by the department under 75-11-204 or 75-11-210 to conduct the inspection, installation, or closure of underground storage tank systems.

(9) "Licensed inspector" means an individual who holds a valid underground storage tank system inspector license.

(10) "Licensed installer" means an individual who holds a valid underground storage tank system installer license.

(11) "Operator" means a person in control of or having responsibility for the operation, maintenance, or management of an underground storage tank system.

(12) "Owner" means a person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances.

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

(14) "Regulated substance" means a regulated substance as defined in 75-11-503 .

(15) "Underground storage tank" or "underground storage tank system" means an underground storage tank, as defined in 75-11-503 , and, for purposes of this part, includes ancillary equipment designed to prevent, detect, or contain a release from an underground storage tank system.
Mont. Code Ann. § 75-5-316 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-316
75-5-316 Outstanding resource water classification -- rules -- criteria -- limitations -- procedure -- definition
Status: in_force

75-5-316 . Outstanding resource water classification -- rules -- criteria -- limitations -- procedure -- definition. (1) As provided under the provisions of 75-5-301 and this section, the department may adopt rules regarding the classification of waters as outstanding resource waters.

(2) The department may not:

(a) grant a feasibility allowance under 75-5-303 in outstanding resource waters; or

(b) allow a new or increased point source discharge that would result in a permanent change in the water quality of an outstanding resource water.

(3) (a) A person may petition the department for rulemaking to classify state waters as outstanding resource waters. The department shall initially review a petition against the criteria identified in subsection (3)(c) to determine whether the petition contains sufficient credible information for the department to accept the petition.

(b) The department may reject a petition without further review if it determines that the petition does not contain the sufficient credible information required by subsection (3)(a). If the department rejects a petition under this subsection (3)(b), it shall specify in writing the reasons for the rejection and the petition's deficiencies.

(c) The department may not adopt a rule classifying state waters as outstanding resource waters until it accepts a petition and makes a written finding containing the provisions enumerated in subsection (3)(d) that, based on a preponderance of the evidence:

(i) the waters identified in the petition constitute an outstanding resource based on the criteria provided in subsection (4);

(ii) the increased protection under the classification is necessary to protect the outstanding resource identified under subsection (3)(a) because of a finding that the outstanding resource is at risk of having one or more of the criteria provided in subsection (4) compromised as a result of pollution; and

(iii) classification as an outstanding resource water is necessary because of a finding that there is no other effective process available that will achieve the necessary protection.

(d) The written finding provided for in subsection (3)(c) must:

(i) identify the criteria provided in subsection (4) that serve as justification for the determination that the water is an outstanding resource;

(ii) specifically identify the criteria that are at risk and explain why those criteria are at risk; and

(iii) specifically explain why other available processes, including the requirements of 75-5-303 , will not achieve the necessary protection.

(4) The department shall consider the following criteria in determining whether certain state waters are outstanding resource waters. However, the department may determine that compliance with one or more of these criteria is insufficient to warrant classification of the water as an outstanding resource water. The department shall consider:

(a) whether the waters have been designated as wild and scenic;

(b) the presence of endangered or threatened species in the waters;

(c) the presence of an outstanding recreational fishery in the waters;

(d) whether the waters provide the only source of suitable water for a municipality or industry;

(e) whether the waters provide the only source of suitable water for domestic water supply; and

(f) other factors that indicate outstanding environmental or economic values not specifically mentioned in this subsection (4).

(5) Before accepting a petition, the department shall:

(a) publish a notice and brief description of the petition in a daily newspaper of general circulation in the area affected and make copies of the proposal available to the public. The cost of publication must be paid by the petitioner.

(b) provide for a 30-day written public comment period regarding whether the petition contains sufficient credible information, as provided in subsection (3)(b), prior to the hearing required in subsection (5)(c);

(c) hold a public hearing regarding the petition and its contents and allow further written and oral testimony at the hearing;

(d) issue a proposed decision, including:

(i) the written finding provided for in subsection (3)(c); and

(ii) the department's acceptance or rejection of the petition;

(e) provide for a 30-day public comment period regarding the department's proposed decision; and

(f) issue a final decision on acceptance or rejection of the petition, which must include a response to comments received by the department, and make copies of this decision available to the public.

(6) (a) After acceptance of a petition, the department shall prepare an environmental impact statement, as provided under Title 75, chapter 1, part 2, and this section.

(b) (i) The petitioner is responsible for all of the costs associated with gathering and compiling data and information, and completing the environmental impact statement.

(ii) Before the department may initiate work on the environmental impact statement, the petitioner shall pay the estimated cost of completing the environmental impact statement, as determined by the department.

(iii) Upon completion of the environmental impact statement, the petitioner shall pay the department any costs that exceeded the estimated cost. If the cost of the environmental impact statement was less than the estimated cost paid by the petitioner, the department shall reimburse the difference to the petitioner.

(iv) The department may not grant or deny a petition until full payment for the environmental impact statement is received.

(7) The department shall consult with other relevant state agencies and county governments when reviewing outstanding resource water classification petitions.

(8) (a) After completion of an environmental impact statement and consultation with state agencies and local governments, the department may deny an accepted outstanding resource water classification petition if it finds that:

(i) the requirements of subsection (3)(c) have not been met; or

(ii) based on information available to the department from the environmental impact statement or otherwise, approving the outstanding resource waters classification petition would cause significant adverse environmental, social, or economic impacts.

(b) If the department denies the petition, it shall identify its reasons for petition denial.

(c) If the department grants the petition, the department shall initiate rulemaking to classify the waters as outstanding resource waters.

(9) A rule classifying state waters as outstanding resource waters under this section may be adopted but is not effective until approved by the legislature.

(10) The department may not postpone or deny an application for a feasibility allowance under 75-5-303 based on pending:

(a) department action on an outstanding resource water classification petition regarding those waters; or

(b) legislative approval of department action designating those waters as outstanding resource waters.

(11) As used in this section, "petitioner" means an individual, corporation, partnership, firm, association, or other private or public entity that petitions the department to adopt rules to classify waters as outstanding resource waters.
Mont. Code Ann. § 75-11-702 — MT Code / Title 75 / Chapter 11 / Part 7 / Section 75-11-702
75-11-702 Findings and intent -- purposes
Status: in_force

75-11-702 . Findings and intent -- purposes. The legislature finds that:

(1) real properties exist across the state where the stigma of hazardous substance and petroleum contamination hinders the development or best use of the property. These properties may be eligible for brownfields funding.

(2) the assessment and cleanup of hazardous substance and petroleum brownfields sites should be encouraged and facilitated to reduce threats to human health and the environment, prepare properties for reuse and redevelopment, and return property to the local tax rolls;

(3) the petroleum tank release cleanup fund established in 75-11-313 does not immediately address all petroleum tank release sites in Montana;

(4) not all sites impacted by hazardous substances are assessed or cleaned up by the Comprehensive Environmental Cleanup and Responsibility Act in chapter 10, part 7, of this title or the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.
Mont. Code Ann. § 75-11-708 — MT Code / Title 75 / Chapter 11 / Part 7 / Section 75-11-708
75-11-708 Brownfields site redevelopment fund -- statutory appropriation
Status: in_force

75-11-708 . Brownfields site redevelopment fund -- statutory appropriation. (1) It is the intent of the brownfield program to strengthen communities throughout this state and to promote economic development by encouraging environmental remediation activities and brownfields redevelopment of properties blighted by real or perceived contamination.

(2) The brownfields site redevelopment fund is an account in the state special revenue fund for assessment and cleanup of brownfield sites.

(3) The money in the account:

(a) may be deposited through an allocation of money.

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

(4) The money in the account is statutorily appropriated, as provided in 17-7-502 , to the department to be used only for:

(a) investigation and cleanup of petroleum or hazardous substances on an eligible site or facility for the purposes of brownfields redevelopment;

(b) demolition of structures, buildings, or other improvements located on an eligible site or facility;

(c) interior contaminant abatement activities on an eligible site or facility for asbestos abatement activities, as described in 75-2-502 , or lead-based paint abatement activities as described in 40 CFR, part 745, subpart E; or

(d) removal of underground tank systems.

(5) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.

(6) Interest income on the account must deposited and remain in the account.
Mont. Code Ann. § 75-5-511 — MT Code / Title 75 / Chapter 5 / Part 5 / Section 75-5-511
75-5-511 Sewage system operators authorized to adopt charges and rates for users
Status: in_force

75-5-511 . Sewage system operators authorized to adopt charges and rates for users. (1) A municipality or other entity operating a sewage system may adopt a system of charges and rates to assure that each recipient of treatment works services within the municipality's jurisdiction or service area will pay its proportionate share of the costs of operation, maintenance, and replacement of any treatment works facilities or services provided by the municipality or other entity.

(2) A municipality or other entity operating a sewage system may require industrial users of its treatment works to pay to the municipality or other entity that portion of the cost of construction of the treatment works which is allocable to the treatment of such industrial user's wastes. The department may determine whether the payment required of the industrial user for the portion of the cost of the construction of the treatment works is properly allocable to the treatment of the industrial user's wastes.
Mont. Code Ann. § 75-10-622 — MT Code / Title 75 / Chapter 10 / Part 6 / Section 75-10-622
75-10-622 CERCLA match debt service fund
Status: in_force

75-10-622 . CERCLA match debt service fund. (1) There is a CERCLA match debt service fund within the debt service fund type established in 17-2-102 .

(2) The state pledges, allocates, and directs to be credited to the CERCLA match debt service fund money from the resource indemnity and ground water assessment tax, as provided in 15-38-106 , and from the CERCLA cost recovery account, as provided in 75-10-631 .
Mont. Code Ann. § 75-2-124 — MT Code / Title 75 / Chapter 2 / Part 1 / Section 75-2-124
75-2-124 Exemptions from environmental review
Status: in_force

75-2-124 . Exemptions from environmental review. The department is not required to perform an analysis of greenhouse gas emissions beyond the state's borders under the provisions of Title 75, chapters 1, parts 1 and 2, from any source not subject to state enforcement pursuant to 42 U.S.C. 7543(a) for a new motor vehicle or a new motor vehicle engine and pursuant to 42 U.S.C. 7543(e)(1) for a new nonroad engine or nonroad vehicle.
Mont. Code Ann. § 75-10-432 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-432
75-10-432 Hazardous waste management facility filing and review fees
Status: in_force

75-10-432 . Hazardous waste management facility filing and review fees. (1) The department may establish and collect fees for the filing and review of hazardous waste management facility permits. The fees must be based upon the following schedule:

(a) for class I facilities, a maximum fee of $150,000, payable as follows:

(i) a nonrefundable payment of $50,000 due when an applicant files for a permit;

(ii) a payment of $50,000 due when the department notifies the applicant that the application is complete; and

(iii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $100,000. This payment is due 30 days after the department's final decision on the application.

(b) for class II facilities, a maximum fee of $90,000, payable as follows:

(i) a nonrefundable payment of $40,000 due when an applicant files for a permit; and

(ii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $40,000. This payment is due 30 days after the department's final decision on the application.

(c) for class III facilities, a maximum fee of $25,000, payable as follows:

(i) a nonrefundable payment of $10,000 due when an applicant files for a permit; and

(ii) an additional payment of up to $15,000 for the portion of the department's actual costs of review that exceed $10,000. This payment is due 30 days after the department's final decision on the application.

(2) If, after receipt of the payment required in subsection (1)(a)(ii), the applicant notifies the department in writing of its intent to withdraw the application, the department shall return to the applicant any portion of the payment received pursuant to subsection (1)(a)(ii) in excess of the department's actual costs of permit review.

(3) The department shall deposit all fees collected pursuant to this section into an account in the state special revenue fund as provided in 75-10-434 .
Mont. Code Ann. § 75-5-106 — MT Code / Title 75 / Chapter 5 / Part 1 / Section 75-5-106
75-5-106 Interagency cooperation -- enforcement authorization
Status: in_force

75-5-106 . Interagency cooperation -- enforcement authorization. (1) The council, the board and the department may require the use of records of all state agencies and may seek the assistance of the agencies. When the department's review of a permit application submitted under another chapter or title is required or requested, the department shall coordinate the review under this chapter with the review conducted by the agency or unit under the other chapter, following the time schedule for that review. State, county, and municipal officers and employees, including sanitarians and other employees of local departments of health, shall cooperate with the council, the board and the department in furthering the purposes of this chapter, so far as is practicable and consistent with their other duties.

(2) The department may authorize a local water quality district established according to the provisions of Title 7, chapter 13, part 45, to enforce the provisions of this chapter and rules adopted under this chapter on a case-by-case basis. If a local water quality district requests the authorization, the local water quality district shall present appropriate documentation to the department that a person is violating permit requirements established by the department or may be causing pollution, as defined in 75-5-103 , of state waters or placing or causing to be placed wastes in a location where they are likely to cause pollution of state waters. The department may adopt rules regarding the granting of enforcement authority to local water quality districts.
Mont. Code Ann. § 75-6-104 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-104
75-6-104 Duties of department
Status: in_force

75-6-104 . Duties of department. (1) The department has general supervision over all state waters that are directly or indirectly being used by a person for a public water supply system, for domestic purposes, or as a source of ice.

(2) The department shall, subject to the provisions of 75-6-116 and as provided in 75-6-131 , adopt rules and standards concerning:

(a) maximum contaminant levels for waters that are or will be used for a public water supply system;

(b) fees, as described in 75-6-108 , for services rendered by the department;

(c) monitoring, recordkeeping, and reporting by persons who own or operate public water supply systems;

(d) requiring public notice to all users of a public water supply system when a person has been granted a variance or exemption or is in violation of this part or a rule or order issued pursuant to this part;

(e) the siting, construction, operation, and modification of a public water supply system or public sewage system, including requirements to remedy:

(i) defects in the design, operation, or maintenance of a public water supply system or public sewage system in order to prevent or correct introduction of contamination into water used for a public water supply system, for domestic purposes, or as a source of ice;

(ii) fecal contamination in water used by a public water supply system; or

(iii) failure or malfunction of the sources, treatment, storage, or distribution portion of a public water supply system in order to prevent or correct introduction of contamination into water used for a public water supply system, for domestic purposes, or as a source of ice;

(f) the review of the technical, managerial, and financial capacity of a proposed public water supply system or public sewage system, as necessary to ensure the capability of the system to meet the requirements of this part;

(g) the collection and analysis of samples of water used for drinking or domestic purposes;

(h) the issuance of variances and exemptions as authorized by the federal Safe Drinking Water Act and this part;

(i) administrative enforcement procedures and administrative penalties authorized under this part;

(j) standards and requirements for the review and approval of programs that may be voluntarily submitted by suppliers of public water supply systems to prevent water supply contamination from a cross-connection, including provisions to exempt cross-connections from the standards and requirements if all connected systems are department-approved public water supply systems;

(k) (i) allowable uses of reclaimed wastewater and classification of those uses;

(ii) treatment, monitoring, recordkeeping, and reporting standards and requirements tailored to each classification that must be met by the public sewage system to protect the uses of the reclaimed wastewater and any receiving water;

(iii) prohibition of reclaimed wastewater uses that are not allowable under subsection (2)(k)(i) or for which the reclaimed wastewater has not been treated in compliance with rules adopted under subsection (2)(k)(ii); and

(iv) a requirement that an applicant who proposes to use reclaimed wastewater pursuant to this subsection (2)(k) has obtained any necessary authorizations required under Title 85 from the department of natural resources and conservation; and

(l) any other requirement necessary for the protection of public health as described in this part.

(3) Department rules must provide for the following:

(a) except as provided in 75-6-131 , a water supply or water distribution facility reviewed and approved by the department is not subject to changes in department design and construction criteria for a period of 36 months after written approval of the facility is issued by the department;

(b) except for facilities subject to permit requirements under Title 75, chapter 5, part 4, and except as provided under rules adopted pursuant to 75-6-131 , a system of water supply, drainage, wastewater, or sewage reviewed and approved under this section is not subject to changes in department design or construction criteria for a period of 36 months after written approval is issued by the department;

(c) plans and specifications for a portion of a facility or system subject to a 36-month limit on criteria changes pursuant to subsections (3)(a) and (3)(b) but not constructed within the 36-month timeframe must be resubmitted for department review and approval before construction of that portion of the facility;

(d) the provisions of this subsection (3) may not limit an applicant's ability to alter a proposed project that is otherwise in conformance with applicable laws, rules, standards, and criteria; and

(e) department approval of development plans for a municipal system or an eligible county water and/or sewer district that allows additional connections above the approved rated capacity of a water or wastewater system pursuant to 75-6-130 .

(4) The department or the board may issue orders necessary to fully implement the provisions of this part.

(5) The department shall:

(a) on its own initiative or complaint to the department, to the mayor or health officer of a municipality, or to the managing board or officer of a public institution, make an investigation of alleged pollution of a water supply system and, if required, prohibit the continuance of the pollution by ordering removal of the cause of pollution;

(b) have waters examined to determine their quality and the possibility that they may endanger public health;

(c) consult and advise authorities of cities and towns and persons having or about to construct systems for water supply, drainage, wastewater, and sewage as to the most appropriate source of water supply and the best method of ensuring its quality;

(d) advise persons as to the best method of treating and disposing of their drainage, sewage, or wastewater with reference to the existing and future needs of other persons and to prevent pollution;

(e) consult with persons engaged in or intending to engage in manufacturing or other business whose drainage or sewage may tend to pollute waters as to the best method of preventing pollution;

(f) collect fees, as described in 75-6-108 , for services and deposit:

(i) the public drinking water fees collected in the public drinking water special revenue fund established in 75-6-115 ; and

(ii) the plan and specification review fees collected in the plan review special revenue account established in 75-6-132 ;

(g) establish and maintain experiment stations and conduct experiments to study the best methods of treating water, drainage, wastewater, and sewage to prevent pollution, including investigation of methods used in other states;

(h) enter on premises at reasonable times to determine sources of pollution or danger to water supply systems and whether rules and standards of the department are being obeyed;

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

(j) establish a plan for the provision of safe drinking water under emergency circumstances;

(k) maintain an inventory of public water supply systems and establish a program for conducting sanitary surveys;

(l) enter into agreements with local boards of health whenever appropriate for the performance of surveys and inspections under the provisions of this part; and

(m) review in the form of a written response within 60 days to an applicant seeking approval for use of reclaimed wastewater for snowmaking subject to subsection (2)(k) that:

(i) approves, approves with conditions, or denies the application pursuant to the provisions of this part; and

(ii) (A) describes additional information that must be submitted prior to department approval under subsection (5)(m)(i); or

(B) describes any additional requirements that the applicant must satisfy prior to department approval under subsection (5)(m)(i), such as a permit to discharge under Title 75, chapter 5, part 4, or an authorization under Title 85 from the department of natural resources and conservation.
Mont. Code Ann. § 75-7-217 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-217
75-7-217 Funding
Status: in_force

75-7-217 . Funding. In compliance with 1-2-112 , the administration of this part is declared a public purpose of a city or county which may be paid out of permit application fees collected under 75-7-210 and federal revenue sharing moneys.
Mont. Code Ann. § 75-7-208 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-208
75-7-208 Factors favoring issuance of permit
Status: in_force

75-7-208 . Factors favoring issuance of permit. The regulations shall favor issuance if the proposed work will not during either its construction or its utilization:

(1) materially diminish water quality;

(2) materially diminish habitat for fish or wildlife;

(3) interfere with navigation or other lawful recreation;

(4) create a public nuisance; or

(5) create a visual impact discordant with natural scenic values, as determined by the local governing body, where such values form the predominant landscape elements.
Mont. Code Ann. § 75-5-903 — MT Code / Title 75 / Chapter 5 / Part 9 / Section 75-5-903
75-5-903 Definitions
Status: in_force

75-5-903 . Definitions. As used in this part, the following definitions apply:

(1) "Commercial establishment" means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including but not limited to laundries, hospitals, hotels, motels, and food or restaurant establishments.

(2) (a) "Household cleaning product" means any product, including but not limited to soaps and detergents, used for domestic cleaning purposes, which include but are not limited to the cleaning of fabrics, dishes, food utensils, and household premises.

(b) The term does not mean food, drugs, cosmetics, or personal care items such as toothpaste, shampoo, or hand soap.

(3) "Phosphorus" means the element phosphorus as indicated in the periodic table of elements.

(4) "Trace quantity" means an incidental amount of phosphorus that is not part of a household cleaning product formulation, that is present only as a consequence of manufacturing, and that does not exceed 0.5% of the content of the product by weight expressed as the element phosphorus.
Mont. Code Ann. § 75-20-206 — MT Code / Title 75 / Chapter 20 / Part 2 / Section 75-20-206
75-20-206 Legislative approval of siting of uranium conversion and enrichment facilities -- conditions
Status: in_force

75-20-206 . Legislative approval of siting of uranium conversion and enrichment facilities -- conditions. (1) The legislature hereby authorizes the siting of uranium conversion and enrichment facilities within Montana. A facility is authorized if:

(a) it is operated on the site of and to convert and enrich mined and milled uranium within the state or transported from a location mined and milled not within the boundaries of the state;

(b) the facility has received a state recommendation from the department of environmental quality, pursuant to 75-20-204 ; and

(c) the facility has received a license to convert and enrich mined and milled uranium from the federal nuclear regulatory commission.

(2) For the purposes of this section:

(a) "uranium conversion" means the process used to convert natural uranium oxide into uranium hexafluoride; and

(b) "uranium enrichment" means the process used to enrich uranium through gaseous diffusion, gas centrifuges, or laser isotope separation.
Mont. Code Ann. § 75-10-115 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-115
75-10-115 Solid waste management fee
Status: in_force

75-10-115 . Solid waste management fee. (1) The department may adopt rules, pursuant to 75-10-104 , that set fees for the management and regulation of solid waste at facilities subject to regulation pursuant to part 2 of this chapter. Upon adoption, the department may collect the fees. These fees may include:

(a) a license application fee that reflects the cost of reviewing a new solid waste management system or a substantial change to an existing facility from the time an application is made until the license is issued or denied;

(b) a flat annual license renewal fee that reflects a minimal base fee related to the fixed costs of an annual inspection and license renewal. The initial annual fee year for a new facility commences on the date that the facility initially receives waste. The fee must be based upon the categorization of solid waste management systems into separate classes identified by the following criteria:

(i) the quantity of solid waste received by the solid waste management system;

(ii) the nature of the solid waste received; and

(iii) the nature of the waste management occurring within the solid waste management system.

(c) a tonnage or volume-based fee on solid waste disposal.

(2) All fees collected must be deposited in the solid waste management account provided for in 75-10-117 .
Mont. Code Ann. § 75-10-531 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-531
75-10-531 Crushing and recycling of junk vehicles
Status: in_force

75-10-531 . Crushing and recycling of junk vehicles. (1) The department shall contract for final disposition of junk vehicles accumulated in motor vehicle graveyards and shall provide for crushing and recycling the material from the vehicles.

(2) The department may also contract to dispose of, by crushing and recycling, junk vehicles accumulated in the yard of a motor vehicle wrecking facility. The department may so contract only upon the request of the facility and only if there is an accumulation of at least 200 vehicles at the facility.
Mont. Code Ann. § 75-16-104 — MT Code / Title 75 / Chapter 16 / Part 1 / Section 75-16-104
75-16-104 Right to relief
Status: in_force

75-16-104 . Right to relief. A person who suffers or is threatened with injury to that person's person or property in a reciprocating jurisdiction caused by pollution originating or that may originate in this state has the same rights to relief with respect to the injury or threatened injury and may enforce those rights in this state as if the injury or threatened injury occurred in this state.
Mont. Code Ann. § 75-6-226 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-226
75-6-226 Loan subsidy for disadvantaged communities
Status: in_force

75-6-226 . Loan subsidy for disadvantaged communities. (1) Notwithstanding any other provision in this part, if the program makes a loan pursuant to 75-6-221 (1) to a disadvantaged community or to a community that the department expects to become a disadvantaged community as a result of a proposed project, the department may provide additional subsidization in the form of a reduced interest rate, the forgiveness of principal, or a combination of both.

(2) The total annual amount of loan subsidies made by the department pursuant to subsection (1) may not exceed 30% of the capitalization grant received by the department for each fiscal year.
Mont. Code Ann. § 75-5-315 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-315
75-5-315 Outstanding resource waters -- statement of purpose
Status: in_force

75-5-315 . Outstanding resource waters -- statement of purpose. (1) The legislature, understanding the requirements of applicable federal law and the uniqueness of Montana's water resource, recognizes that certain state waters are of such environmental, ecological, or economic value that the state should, upon a showing of necessity, prohibit, to the greatest extent practicable, changes to the existing water quality of those waters. Outstanding resource waters must be afforded the greatest protection feasible under state law, after thorough examination.

(2) The purpose of 75-5-316 and this section is to provide this protection, when necessary, and to provide guidance to the department in establishing rules to accomplish that level of protection.
Mont. Code Ann. § 75-10-411 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-411
75-10-411 Hazardous waste site inventory
Status: in_force

75-10-411 . Hazardous waste site inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where hazardous wastes have been stored or disposed of at any time.

(2) If the department determines that the presence of a hazardous waste or the release of the waste or any waste constituent may present a substantial hazard to the public health or the environment, it may issue an order requiring the owner or operator of the facility or 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) In the case of any facility or site not in operation at the time that a determination is made under subsection (2) with respect to the facility or site, if the department finds that the owner of the facility or site could not reasonably be expected to have actual knowledge of the presence of hazardous waste at the facility or site and of its potential for release, it may issue an order requiring the most recent previous owner or operator of the facility or site who could reasonably be expected to have actual knowledge to carry out the actions referred to in subsection (2).

(4) An order issued under subsection (2) or (3) 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.

(5) If the department determines that the owner or operator referred to in subsection (2) or (3) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.

(6) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-10-410 .
Mont. Code Ann. § 75-15-122 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-122
75-15-122 Permits required -- identification tags -- preexisting structures -- fees
Status: in_force

75-15-122 . Permits required -- identification tags -- preexisting structures -- fees. (1) (a) A sign authorized by 75-15-111 (1)(a), (1)(d), and (1)(e) may not be constructed or maintained without a permit. Applications for permits must be made to the department on forms furnished by it. The department shall require reasonable information to be furnished, including a statement that the owner or occupant of the land has consented to the erection or maintenance of the sign on the land. A permit must be obtained for each sign, and the application for the permit must be accompanied by a nonrefundable, initial fee.

(b) Permits must be issued for 3 years, assigned a permit number, and renewed every 3 years after issuance upon payment of a fee without the filing of a new application. All fees received must be paid into the highway account in the state special revenue fund.

(c) The fees described in subsections (1)(a) and (1)(b) are to be determined by the square footage of the sign face and established, by rule, by the commission to cover the costs of administering and enforcing this section.

(2) The department shall issue with each new permit a permanent identification tag not larger than 36 square inches that must be affixed to the sign in a position readily visible from the highway.

(3) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for a structure lawfully in existence on June 23, 1971, and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance.

(4) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for outdoor advertising lawfully in existence on June 23, 1971, and made nonconforming by virtue of 75-15-111 (3), and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance.
Mont. Code Ann. § 75-2-428 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-428
75-2-428 Effect of new standards on noncompliance penalty
Status: in_force

75-2-428 . Effect of new standards on noncompliance penalty. In the case of any emission limitation, emission standard, or other requirement approved or adopted by the department under this chapter after July 1, 1979, and approved by the federal environmental protection agency as an amendment to the state implementation plan, which is more stringent than the emission limitation or requirement for the source in effect prior to such approval or promulgation, if any, or where there was no emission limitation, emission standard, or other requirement approved or adopted before July 1, 1979, the date for imposition of the noncompliance penalty under 75-2-421 through 75-2-429 shall be the date on which the source is required to be in full compliance with such emission limitation, emission standard, or other requirement or 3 years after the approval or promulgation of such emission limitation or requirement, whichever is sooner.
Mont. Code Ann. § 75-6-303 — MT Code / Title 75 / Chapter 6 / Part 3 / Section 75-6-303
75-6-303 Liberal construction
Status: in_force

75-6-303 . Liberal construction. The provisions of this part are necessary for the public health, safety, and welfare and must be liberally construed to effectuate the purposes of this part.
Mont. Code Ann. § 75-10-711 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-711
75-10-711 Remedial action -- orders -- penalties -- judicial proceedings
Status: in_force

75-10-711 . Remedial action -- orders -- penalties -- judicial proceedings. (1) The department may take remedial action whenever:

(a) there has been a release or there is a substantial threat of a release into the environment that may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment; and

(b) none of the persons who are liable or potentially liable under 75-10-715 (1) and who have been given the opportunity by letter to properly and expeditiously perform the appropriate remedial action will properly and expeditiously perform the appropriate remedial action. Any person liable under 75-10-715 (1) shall take immediate action to contain, remove, and abate the release.

(2) Whenever the department is authorized to act pursuant to subsection (1) or has reason to believe that a release has occurred or is about to occur, the department may undertake remedial action in the form of any investigation, monitoring, survey, testing, or other information gathering as authorized by 75-10-707 that is necessary and appropriate to identify the existence, nature, origin, and extent of the release or the threat of release and the extent and imminence of the danger to the public health, safety, or welfare or to the environment.

(3) Except as provided in 75-10-712 , the department is authorized to draw on the fund to take action under subsection (1) if it has made diligent good faith efforts to determine the identity of the person or persons liable for the release or threatened release and:

(a) is unable to determine the identity of the liable person or persons in a manner consistent with the need to take timely remedial action; or

(b) a person or persons determined by the department to be liable or potentially liable under 75-10-715 (1) have been informed in writing of the department's determination and have been requested by the department to take appropriate remedial action but are unable or unwilling to take action in a timely manner; and

(c) the written notice informs the person that if subsequently found liable pursuant to 75-10-715 (1), the person may be required to reimburse the fund for the state's remedial action costs and may be subject to penalties pursuant to this part.

(4) Whenever the department is authorized to act pursuant to subsection (1), it may issue to any person liable under 75-10-715 (1) cease and desist, remedial, or other orders as may be necessary or appropriate to protect the public health, safety, or welfare or the environment.

(5) (a) A person who violates or fails to comply with or refuses to comply with an order issued under 75-10-707 or this section may, in an action brought to enforce the order, be assessed a civil penalty of not more than $10,000 for each day in which a violation occurs or a failure or refusal to comply continues. In determining the amount of any penalty assessed, the court may take into account:

(i) the nature, circumstances, extent, and gravity of the noncompliance;

(ii) with respect to the person liable under 75-10-715 (1):

(A) the person's ability to pay;

(B) any prior history of violations;

(C) the degree of culpability; and

(D) the economic benefit or savings, if any, resulting from the noncompliance; and

(iii) any other matters as justice may require.

(b) Civil penalties collected under subsection (5)(a) must be deposited into the environmental quality protection fund established in 75-10-704 .

(6) A court has jurisdiction to review an order issued under 75-10-707 or this section only in the following actions:

(a) an action under 75-10-715 to recover remedial action costs or penalties or for contribution;

(b) an action to enforce an order issued under 75-10-707 or this section;

(c) an action to recover a civil penalty for violation of or failure or refusal to comply with an order issued under 75-10-707 or this section; or

(d) an action by a person to whom an order has been issued to determine the validity of the order, only if the person has been in compliance and continues in compliance with the order pending a decision of the court.

(7) In considering objections raised in a judicial action regarding orders issued under this part, the court shall uphold and enforce an order issued by the department unless the objecting party can demonstrate, on the administrative record, that the department's decision to issue the order was arbitrary and capricious or otherwise not in accordance with law.

(8) Instead of issuing a notification or an order under this section, the department may bring an action for legal or equitable relief in the district court of the county where the release or threatened release occurred as may be necessary to abate any imminent and substantial endangerment to the public health, safety, or welfare or to the environment resulting from the release or threatened release.

(9) If a state or federal administrative or judicial order is issued relative to a facility, the order and any remedial activity conducted pursuant to the order may be admissible in a civil action pertaining to the facility or property adjacent to or allegedly impacted by the facility provided that the reviewing court in its discretion determines the order to be relevant and the probative value is not substantially outweighed by the danger of unfair prejudice. Admission of this evidence does not make the department a necessary party to the action. Remedial action performed in accordance with this part is intended to provide for the protection of the environmental life support system from degradation and to prevent unreasonable depletion and degradation of natural resources.

(10) The department may take remedial action pursuant to subsection (1) at a site that is regulated under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, if the department determines that remedial action is necessary to carry out the purposes of this part.

(11) The department may take remedial action as provided for in 75-10-743 (12).
Mont. Code Ann. § 75-11-505 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-505
75-11-505 Administrative rules -- underground storage tanks -- petroleum mixing zones
Status: in_force

75-11-505 . Administrative rules -- underground storage tanks -- petroleum mixing zones. (1) The department may adopt, amend, or repeal rules for the prevention and correction of leakage from underground storage tanks, including:

(a) reporting by owners and operators;

(b) financial responsibility;

(c) release detection, prevention, and corrective action;

(d) procedures and standards for the issuance, nonissuance, renewal, nonrenewal, modification, revocation, suspension, and enforcement of permits authorizing the operation of underground storage tanks;

(e) standards for design, construction, installation, and closure;

(f) in collaboration with stakeholders, development of a schedule of annual fees, not to exceed $300 for a tank over 1,100 gallons and not to exceed $100 for a tank 1,100 gallons or less, for each tank, for tank registration to defray state and local costs of implementing an underground storage tank program. The department may prorate fees to cover periods not equal to 12 months in order to provide staggered scheduling of renewal dates.

(g) a system for assessment of administrative penalties, notice, and appeals under 75-11-525 ; and

(h) delegation of authority and funds to local agents for inspections and implementation. The delegation of authority to local agents must complement and may not duplicate existing authority for implementation of rules adopted by the department of justice that relate to underground storage tanks.

(2) In accordance with 75-11-508 , the department:

(a) shall adopt rules governing the inclusion of a petroleum mixing zone, as defined in 75-11-503 , in a corrective action plan; and

(b) may incorporate by reference rules adopted pursuant to 75-5-301 and 75-5-303 related to mixing zones for ground water.
Mont. Code Ann. § 75-1-1203 — MT Code / Title 75 / Chapter 1 / Part 12 / Section 75-1-1203
75-1-1203 Terminated
Status: in_force

75-1-1203 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 75-5-410 — MT Code / Title 75 / Chapter 5 / Part 4 / Section 75-5-410
75-5-410 Water quality requirements -- aquifer recharge or certain mitigation plans -- minimum requirements
Status: in_force

75-5-410 . Water quality requirements -- aquifer recharge or certain mitigation plans -- minimum requirements. (1) (a) Except as provided in subsection (1)(b), a person who proposes an aquifer recharge or mitigation plan pursuant to 85-2-362 shall apply for, if necessary, a current permit pursuant to this chapter.

(b) The requirements of this section do not apply to the portion of a mitigation plan that consists of a change in appropriation rights for instream flow filed pursuant to 85-2-402 .

(2) The minimum treatment requirements for sewage systems subject to this section are the federal requirements provided for in 40 CFR 133, and the system must meet, at a minimum, the requirements of level two treatment for the removal of nitrogen in the effluent.

(3) In addition to the minimum treatment requirements of subsection (2), sewage systems subject to this section that are used for aquifer injection must meet the more stringent of either primary drinking water standards pursuant to Title 75, chapter 6, or the nondegradation requirements pursuant to 75-5-303 at the point of discharge.

(4) In addition to the minimum treatment requirements of subsection (2), sewage systems subject to this section that are used for aquifer recharge must meet either primary drinking water standards pursuant to Title 75, chapter 6, or the nondegradation requirements pursuant to 75-5-303 at the point of discharge.

(5) For the purposes of this section, "aquifer injection" means the use of a well to inject water directly into an aquifer system without filtration through the geologic materials overlying the aquifer system for the purpose of aquifer recharge or for an aquifer storage and recovery project and "aquifer recharge" and "mitigation" have the meanings provided in 85-2-102 .
Mont. Code Ann. § 75-5-307 — MT Code / Title 75 / Chapter 5 / Part 3 / Section 75-5-307
75-5-307 Hearings required for classification, formulation of standards, and rulemaking
Status: in_force

75-5-307 . Hearings required for classification, formulation of standards, and rulemaking. (1) Before streams are classified or standards established or modified or rules made, revoked, or modified, the department shall hold a public hearing. Notice of the hearing specifying the waters concerned and the classification, standards, or modification of them and any rules proposed to be made, revoked, or modified must be published at least once a week for 3 consecutive weeks in a daily newspaper of general circulation in the area affected. Notice must be mailed directly to persons the department believes may be affected by the proposed action. The council must be given not less than 30 days prior to first publication to comment on the proposed action.

(2) At a hearing held under this section, the department shall give all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The department may make rules for the orderly conduct of the hearing but need not require compliance with the rules of evidence or procedure applicable to hearings held under 75-5-611 .
Mont. Code Ann. § 75-10-751 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-751
75-10-751 Appeal of allocator's decision
Status: in_force

75-10-751 . Appeal of allocator's decision. (1) A person may appeal the allocator's decision to district court within 30 days of the date of the allocation report. Venue lies in the county where the release occurred or where the liable person resides or has a principal place of business or in the first judicial district.

(2) The allocator's decision must be upheld unless the person appealing the decision demonstrates that the decision was:

(a) made upon unlawful procedure;

(b) affected by other error of law;

(c) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(d) arbitrary and capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion or was fraudulent.

(3) If the appeal is successful, the district court shall allocate the liability of the potentially liable persons using the factors outlined in 75-10-750 .

(4) After decision on the appeal, all liable persons shall submit a stipulated agreement as provided in 75-10-750 to the department based on the court order.
Mont. Code Ann. § 75-10-502 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-502
75-10-502 Possession of junk vehicles as prima facie evidence of motor vehicle wrecking facility
Status: in_force

75-10-502 . Possession of junk vehicles as prima facie evidence of motor vehicle wrecking facility. Possession at a single location of four or more junk vehicles of a type required to be licensed is prima facie evidence that the possessor is operating a motor vehicle wrecking facility.
Mont. Code Ann. § 75-10-723 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-723
75-10-723 Agreements and administrative orders on consent to perform remedial action
Status: in_force

75-10-723 . Agreements and administrative orders on consent to perform remedial action. (1) To expedite effective remedial actions and minimize litigation, the department, in its discretion and whenever practicable and in the public interest, may negotiate and enter into an agreement or an administrative order on consent with any person, including the owner or operator of the facility from which a release emanates, to perform a remedial action if the department determines that the action will be properly done by the person. The agreement must contain terms and conditions that the department in its discretion determines to be appropriate.

(2) Whenever the department enters into an administrative order on consent under this section for remedial action or for assessment or payment of natural resource damages, that administrative order on consent must be available for public comment for at least 30 days.

(3) A decision of the department to enter into or not enter into agreements or administrative orders on consent under this section is not subject to judicial review.
Mont. Code Ann. § 75-11-307 — MT Code / Title 75 / Chapter 11 / Part 3 / Section 75-11-307
75-11-307 Reimbursement for expenses caused by release
Status: in_force

75-11-307 . Reimbursement for expenses caused by release. (1) Subject to the availability of money from the fund under subsection (6), an owner or operator who is eligible under 75-11-308 and who complies with 75-11-309 and any rules adopted to implement those sections must be reimbursed by the board from the fund for the following eligible costs caused by a release from a petroleum storage tank:

(a) corrective action costs as required by a department-approved corrective action plan, except that if the corrective action plan:

(i) addresses releases of substances other than petroleum products from an eligible petroleum storage tank, the board may reimburse only the costs that would have reasonably been incurred if the only release at the site was the release of the petroleum or petroleum products from the eligible petroleum storage tank;

(ii) includes the establishment of a petroleum mixing zone, as defined in 75-11-503 , the board may reimburse the cost of an easement established pursuant to 75-11-508 ; or

(iii) includes costs for the purpose of intentionally remediating the release from a petroleum storage tank that exceed department standards; and

(b) compensation paid to third parties for bodily injury or property damage. The board may not reimburse for property damage until the corrective action is completed.

(2) An owner or operator may not be reimbursed from the fund for the following expenses:

(a) corrective action costs or the costs of bodily injury or property damage paid to third parties that are determined by the board to be ineligible for reimbursement;

(b) costs for bodily injury and property damage, other than corrective action costs, incurred by the owner or operator;

(c) penalties or payments for damages incurred under actions by the department, board, or federal, state, local, or tribal agencies or other government entities involving judicial or administrative enforcement activities and related negotiations;

(d) attorney fees and legal costs of the owner, the operator, or a third party;

(e) costs for the repair or replacement of a tank or piping or costs of other materials, equipment, or labor related to the operation, repair, or replacement of a tank or piping;

(f) expenses incurred before January 1, 1984, for owners or operators seeking reimbursement from the petroleum tank release cleanup fund and expenses incurred before May 15, 1991, for owners or operators seeking reimbursement from the petroleum tank release cleanup fund for a tank storing heating oil for consumptive use on the premises where it is stored or for a farm or residential tank with a capacity of 1,100 gallons or less that is used for storing motor fuel for noncommercial purposes;

(g) expenses exceeding the maximum reimbursements provided for in subsection (4);

(h) costs for which an owner or operator has received reimbursement or payment from an insurer or other third party, including a grantor;

(i) expenses for work completed by or on behalf of the owner or operator more than 5 years prior to the owner's or operator's request for reimbursement. This limitation does not apply to claims for compensation paid to third parties for bodily injury or property damage. The running of the 5-year limitation period is suspended by an appeal of the board's denial of eligibility for reimbursement. If a written request for hearing is filed under 75-11-309 , the suspension of the 5-year limitation period is effective from the date of the board's initial eligibility denial to the date on which the initial eligibility denial is overturned or reversed by the board, a district court, or the state supreme court, whichever occurs latest. The board may grant reasonable extensions of this limitation period if it is shown that the need for the extension is not due to the negligence of the owner or operator or agent of the owner or operator.

(j) costs that the board has determined are not reasonable costs of responding to the release and implementing the corrective action plan, as provided for in 75-11-309 , including costs included in a department-approved corrective action plan for the purpose of remediating the release in excess of department standards.

(3) An owner or operator may designate a person, including a grantor, as an agent to receive the reimbursement for eligible costs incurred by the person if the owner or operator remains legally responsible for all costs and liabilities incurred as a result of the release.

(4) Subject to the availability of funds under subsection (6):

(a) for releases eligible for reimbursement from the fund that are discovered and reported on or after January 1, 1984, from a tank storing heating oil for consumptive use on the premises where it is stored or from a farm or residential tank with a capacity of 1,100 gallons or less that is used for storing motor fuel for noncommercial purposes, the board shall reimburse an owner or operator for:

(i) 100% of the eligible costs, up to a maximum total reimbursement of $500,000, for properly designed and installed double-walled tank system releases that were discovered and reported on or after October 1, 1993, and before October 1, 2009; or

(ii) 50% of the first $10,000 of eligible costs and 100% of subsequent eligible costs, up to a maximum total reimbursement of $495,000 for all other releases; and

(b) for all other releases eligible for reimbursement from the fund that are discovered and reported on or after January 1, 1984, the board shall reimburse an owner or operator for:

(i) 100% of the eligible costs, up to a maximum total reimbursement of $1 million, for properly designed and installed double-walled tank system releases that were discovered and reported on or after October 1, 1993, and before October 1, 2009; or

(ii) 50% of the first $35,000 of eligible costs and 100% of subsequent eligible costs, up to a maximum total reimbursement of $982,500 for all other releases.

(5) If an insurer or grantor pays or reimburses an owner or operator for costs that qualify as eligible costs under subsection (1), the costs paid or reimbursed by the insurer or grantor:

(a) are considered to have been paid by the owner or operator toward satisfaction of the 50% share requirements of subsection (4)(a)(ii) or (4)(b)(ii) if the owner or operator receives the payment or reimbursement before applying for reimbursement from the board;

(b) are not reimbursable from the fund unless the grantor is designated by the owner or operator as an agent to receive the reimbursement for eligible costs incurred by the grantor; and

(c) except for the amount considered to have been paid by the owner or operator pursuant to subsection (5)(a), are considered to have been reimbursed from the fund for purposes of determining when the board has paid the maximum amount payable from the fund under subsection (4)(a)(ii) or (4)(b)(ii).

(6) If the ending monthly balance of the fund is less than $1.5 million, excluding a reimbursement for a cost associated with an emergency response, a reimbursement may not be made and the fund and the board are not liable for making any reimbursement for the costs at that time. When the ending monthly balance of the fund contains more than $1.5 million, eligible costs must be reimbursed subsequently in the order in which they were approved by the board.
Mont. Code Ann. § 75-6-214 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-214
75-6-214 Use of funds -- statutory appropriation
Status: in_force

75-6-214 . Use of funds -- statutory appropriation. Money in the revolving fund is statutorily appropriated, as provided in 17-7-502 , for the purposes of providing financial assistance to public water systems.
Mont. Code Ann. § 75-11-515 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-515
75-11-515 Cleanup orders
Status: in_force

75-11-515 . Cleanup orders. The department may issue a cleanup order to any person who has discharged, deposited, or spilled any regulated substance into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any regulated substance into or onto any land or water so as to result in unlawful or unapproved disposal of a regulated substance. The order must direct the person to clean up and remove the regulated substance, to treat the regulated substance, or to take other actions as may be considered reasonable by the department.
Mont. Code Ann. § 75-10-806 — MT Code / Title 75 / Chapter 10 / Part 8 / Section 75-10-806
75-10-806 State government procurement of recycled supplies and materials
Status: in_force

75-10-806 . State government procurement of recycled supplies and materials. (1) The department of administration shall write purchasing specifications that incorporate requirements for the purchase of materials and supplies made from recycled materials if the use is technologically practical and reasonably cost-effective. These requirements must be incorporated into the purchase of:

(a) paper and paper products;

(b) plastic and plastic products;

(c) glass and glass products;

(d) automobile and truck tires;

(e) motor oil and lubricants; and

(f) other materials and supplies as determined by the department of administration.

(2) It is the goal of the state that 95% of the paper and paper products used by state agencies, universities, and the legislature must be made from recycled material that maximizes postconsumer material content.

(3) The state shall, to the maximum extent possible, purchase for use by state agencies paper and paper products that contain postconsumer material rather than new material.

(4) To the extent practical, guidelines for the recycled material content of paper should be consistent with nationwide standards for recycled paper.

(5) The department and the department of administration shall establish a joint recycling market development task force. Task force membership must include but is not limited to representatives of the recycling industry, wholesalers, state agencies, and citizen and environmental organizations, as well as other interested persons. The task force shall:

(a) assist the department of administration in developing purchasing specifications as required in subsection (1);

(b) develop additional mechanisms for state government to develop markets for recycled materials;

(c) identify procurement barriers that discriminate against the purchase of supplies and products that contain recycled material; and

(d) develop recommendations for an informational program designed to educate state employees on how to reduce waste and recycle in the workplace.
Mont. Code Ann. § 75-10-1301 — MT Code / Title 75 / Chapter 10 / Part 13 / Section 75-10-1301
75-10-1301 Finding and purpose
Status: in_force

75-10-1301 . Finding and purpose. The legislature finds that some properties are being contaminated with hazardous chemical residues created by the manufacture of methamphetamine and fentanyl or the consumption of methamphetamine or fentanyl. Innocent members of the public may be harmed when they are unknowingly exposed to these residues if the properties are not decontaminated prior to any subsequent rental, sale, or use of the properties. Remediation of properties has been frustrated by the lack of a decontamination standard. The purpose of this part is to protect the public health, safety, and welfare by providing specific cleanup standards and authorizing the department to establish a voluntary program that will provide for a property decontamination process that will meet state standards.
Mont. Code Ann. § 75-10-738 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-738
75-10-738 Closure
Status: in_force

75-10-738 . Closure. (1) After completion of the voluntary cleanup plan, an applicant may petition the department for closure of the facility under 75-10-730 through 75-10-738 .

(2) Within 60 days of receipt of a petition for closure, weather permitting, the department shall conduct a review to determine that the releases or threatened releases addressed in the voluntary cleanup plan do not pose a significant threat to public health, welfare, or safety or to the environment as determined in accordance with 75-10-721 and that the applicant has:

(a) implemented all appropriate remedial actions;

(b) if necessary, provided for long-term funding for facility maintenance or monitoring; and

(c) reimbursed the department for all remedial action costs of the voluntary cleanup.

(3) In the event that the petition for closure is not approved by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial. Written notification that the petition is approved by the department must include the following language:

"Based upon the information provided by [insert name(s) of applicant(s)] concerning property located at [insert address], it is the opinion of the Montana Department of Environmental Quality that upon completion of the voluntary cleanup plan, no further action is required to ensure that this facility, when used for [insert purposes identified], is protective of existing and proposed uses and does not pose a significant risk to public health, safety, or welfare or the environment at the facility with regard to releases or threatened releases addressed in the voluntary cleanup plan. The department reserves the right to conduct or require further remedial action at this facility if a new release occurs or if the department receives new or different information than presented in the approved voluntary cleanup plan."

(4) After completion of a portion of a facility addressed in the voluntary cleanup plan, the department shall issue a letter of completion notice to the applicant if the department determines that the applicant has satisfied the requirements of subsection (2).
Mont. Code Ann. § 75-6-105 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-105
75-6-105 Records required for wells drilled to supply water to public
Status: in_force

75-6-105 . Records required for wells drilled to supply water to public. Every person drilling a water well to furnish water for public consumption shall keep a complete record of the depth, thickness, and character of different strata and other information prescribed by the department. Data must be furnished to the department on forms prescribed by it. These data are available to the public at all reasonable times.
Mont. Code Ann. § 75-10-505 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-505
75-10-505 Shielding and removal of junk vehicles generally
Status: in_force

75-10-505 . Shielding and removal of junk vehicles generally. Notwithstanding the provisions of this part, any person possessing one or more junk vehicles, regardless of ownership, shall shield the vehicles from public view or remove the vehicles to a licensed motor vehicle wrecking facility or to a licensed motor vehicle graveyard after the vehicles are released from the owner. Small accumulations of salvageable vehicles or component parts, none of which are offered for sale, retained by active farming or ranching operations for repair and maintenance of vehicles, or agricultural equipment used in their operations, are exempted from this requirement.
Mont. Code Ann. § 75-20-208 — MT Code / Title 75 / Chapter 20 / Part 2 / Section 75-20-208
75-20-208 Certain electric transmission lines -- verification of requirements
Status: in_force

75-20-208 . Certain electric transmission lines -- verification of requirements. (1) Prior to constructing a transmission line under 75-20-104 (10)(a)(ii), the person planning to construct the line shall provide to the department within 36 months of the date of the public notice provided under 75-20-207 , unless extended by the department for good cause:

(a) copies of the right-of-way agreements or options for a right-of-way containing sufficient information to establish landowner consent to construct the line; and

(b) sufficient information for the department to verify that the requirements of 75-20-104 (10)(a)(ii) are satisfied.

(2) The provisions of 75-20-104 (10)(a)(ii) do not apply to any facility for which public notice under 75-20-207 has been given but for which the requirements of subsection (1) of this section have not been complied with.
Mont. Code Ann. § 75-6-130 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-130
75-6-130 Development plans -- department requirements -- rulemaking
Status: in_force

75-6-130 . Development plans -- department requirements -- rulemaking. (1) Unless authorized by a development plan approved by the department of environmental quality under this section, a public water or wastewater supply system may not certify or authorize additional connections to its water or wastewater system that would exceed its approved rated capacity.

(2) The department shall approve a municipal or eligible county water and/or sewer district development plan to allow additional connections to a public water or wastewater supply system if the municipality or eligible county water and/or sewer district demonstrates that:

(a) the additional connections will not exceed the approved rated capacity of the system;

(b) the additional connections will not create a risk to public health or the environment;

(c) the plan will not cause a violation of any provision of or rule adopted under this part or Title 75, chapter 5 or 6, or any condition or requirement of an approval or order issued pursuant to this part or Title 75, chapter 5 or 6; and

(d) the additional connections will not cause the municipality or eligible county water and/or sewer district to exceed the flow rate, volume, or place of use of its water right as defined under 85-2-102 .

(3) A municipality or eligible county water and/or sewer district with a development plan approved under this section shall submit an annual report detailing its compliance with the approved plan to the department.

(4) A development plan approved under this section may be used by the department to approve connections that would exceed the system's approved rated capacity only if the connection would serve a subdivision subject to review under Title 76, chapter 3, and the governing body has required department certification before final plat approval in accordance with 76-3-507 (5).

(5) The department may revoke or require modification of an approved development plan if:

(a) the conditions of development have fundamentally changed;

(b) the municipality or eligible county water and/or sewer district has violated the requirements of this section or a condition of an approved development plan; or

(c) the department otherwise determines that the conditions of subsection (2) have not been or will not be satisfied.

(6) A municipality or eligible county water and/or sewer district that violates this section or a condition of an approved development plan is subject to penalties under 75-6-114 .

(7) The department may adopt rules to implement this section.

(8) Nothing in this section requires a municipality or eligible county water and/or sewer district to submit a development plan for review unless the municipality or eligible county water and/or sewer district intends to approve connections beyond the system's rated capacity.

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

(a) "Development plan" means a planning document that outlines the current rated capacity of a water or wastewater system and the system's proposed capacity after upgrades, marked by milestones of construction activity as a percentage of existing capacity, are made to the system and includes a timeline for when the design, bidding, and construction of upgrades to an existing system will be completed.

(b) "Rated capacity" means the gross capacity of a water or wastewater system as required by the design standards provided for in Title 75, chapter 6, wastewater discharge permit limits set in Title 75, chapter 5, and water right limits required in Title 85.
Mont. Code Ann. § 75-11-225 — MT Code / Title 75 / Chapter 11 / Part 2 / Section 75-11-225
75-11-225 Compliance with other laws -- limitation on local ordinances
Status: in_force

75-11-225 . Compliance with other laws -- limitation on local ordinances. (1) Nothing in this part limits or alters the responsibility of an owner, operator, or installer to comply with all other state laws or rules.

(2) Ordinances adopted by local government units requiring installation or closure permits or licensed installers, or both, may be no less stringent than the requirements of this part.
Mont. Code Ann. § 75-2-426 — MT Code / Title 75 / Chapter 2 / Part 4 / Section 75-2-426
75-2-426 Hearing on challenge
Status: in_force

75-2-426 . Hearing on challenge. (1) The board shall provide a hearing on the record and make a decision (including findings of fact and conclusions of law) not later than 90 days after the receipt of any petition under 75-2-425 (2)(b) with respect to such source.

(2) If the petition is denied, the petitioner shall submit the material required by 75-2-425 (2)(a) to the department within 45 days of the date of decision.
Mont. Code Ann. § 75-20-405 — MT Code / Title 75 / Chapter 20 / Part 4 / Section 75-20-405
75-20-405 Action to recover damages to water supply
Status: in_force

75-20-405 . Action to recover damages to water supply. An owner of an interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from a surface or underground source may sue a person to recover damages for contamination, diminution, or interruption of the water supply proximately resulting from the operation of a facility. The remedies enumerated in this section do not exclude the use of any other remedy that may be available under the laws of the state.
Mont. Code Ann. § 75-10-1403 — MT Code / Title 75 / Chapter 10 / Part 14 / Section 75-10-1403
75-10-1403 Remediation location
Status: in_force

75-10-1403 . Remediation location. (1) Except as provided in 75-10-1411 and subsection (2) of this section, as part of a remedial action on property owned by another, mine and smelter waste may not be placed or remediated in place at a location within 200 feet of any mine excavation or opening.

(2) (a) The requirements of subsection (1) may be waived when, after review of an application by a person undertaking a remedial action, the department finds that the remedial action plan complies with Title 75, chapters 2, 5, and 10, and applicable rules.

(b) The person conducting the remedial action shall reimburse the department for costs incurred by the department under this section.

(c) Reimbursements must be deposited in the environmental rehabilitation and response account provided for in 75-1-110 .

(3) The person conducting the remedial action must have the landowner's consent before taking action under this section.

(4) This section does not apply to facilities containing mine or smelter waste that are permitted under Title 82, chapter 4, or that were constructed prior to January 1, 2007.
Mont. Code Ann. § 75-2-113 — MT Code / Title 75 / Chapter 2 / Part 1 / Section 75-2-113
75-2-113 Terminated
Status: in_force

75-2-113 . Terminated. Sec. 5, Ch. 673, L. 1989.
Mont. Code Ann. § 75-6-106 — MT Code / Title 75 / Chapter 6 / Part 1 / Section 75-6-106
75-6-106 Laboratory license required
Status: in_force

75-6-106 . Laboratory license required. A laboratory analysis of water taken from a public water supply system or any report of an analysis required by this part or a rule adopted under this part may not be accepted by the department unless the analysis or report is made by the department of public health and human services' laboratory or by a laboratory licensed by the department of public health and human services for water analysis purposes.
Mont. Code Ann. § 75-3-604 — MT Code / Title 75 / Chapter 3 / Part 6 / Section 75-3-604
75-3-604 Voluntary disclosure of information to department
Status: in_force

75-3-604 . Voluntary disclosure of information to department. (1) The results of measurements of radon gas or radon progeny performed by a person may be reported to the department. The report may include the radon levels detected and the location and description of the building.

(2) Except for use in conducting legitimate scientific studies, as determined by the department, data and information relating to radon gas and radon progeny contamination at nonpublic properties, including residential dwellings, gathered under this part must be considered confidential by the department. The department shall provide the bureau of mines and geology with all information received by the department under subsection (1) for conducting legitimate scientific studies. The department may not release the data or information in its possession to anyone other than the owner or occupant of the property.
Mont. Code Ann. § 75-10-730 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-730
75-10-730 Short title
Status: in_force

75-10-730 . Short title. Sections 75-10-730 through 75-10-738 may be cited as the "Voluntary Cleanup and Redevelopment Act".
Mont. Code Ann. § 75-25-101 — MT Code / Title 75 / Chapter 25 / Part 1 / Section 75-25-101
75-25-101 Alternative energy revolving loan account
Status: in_force

75-25-101 . Alternative energy revolving loan account. (1) There is a special revenue account called the alternative energy revolving loan account to the credit of the department of environmental quality.

(2) The alternative energy revolving loan account consists of money deposited into the account from air quality penalties from 75-2-401 and 75-2-413 and money from any other source. Any interest earned by the account and any interest that is generated from a loan repayment must be deposited into the account and used to sustain the program.

(3) Funds from the alternative energy revolving loan account may be used to provide loans to individuals, small businesses, units of local government, units of the university system, and nonprofit organizations for the purpose of building alternative energy systems, as defined in 15-32-102 :

(a) to generate energy for their own use;

(b) for net metering as defined in 69-8-103 ; and

(c) for capital investments by those entities for energy conservation purposes, as defined in 15-32-102 , when done in conjunction with an alternative energy system.

(4) The amount of a loan may not exceed $40,000, and the loan must be repaid within 10 years.
Mont. Code Ann. § 75-5-102 — MT Code / Title 75 / Chapter 5 / Part 1 / Section 75-5-102
75-5-102 Intent -- purpose -- rights of action not abridged
Status: in_force

75-5-102 . Intent -- purpose -- rights of action not abridged. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted this chapter. It is the legislature's intent that the requirements 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. A purpose of this chapter is to provide additional and cumulative remedies to prevent, abate, and control the pollution of state waters.

(2) This chapter does not abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor does this chapter or an act done under it estop the state or a municipality or person, as owner of water rights or otherwise, in the exercise of the person's rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
Mont. Code Ann. § 75-10-116 — MT Code / Title 75 / Chapter 10 / Part 1 / Section 75-10-116
75-10-116 Penalties for failure to pay fee
Status: in_force

75-10-116 . Penalties for failure to pay fee. A person who owns a solid waste disposal facility that is subject to the fees under 75-10-115 and who fails to pay the fee in the manner provided by department rule is subject to a fine of not more than $2,000 or imprisonment not to exceed 6 months, or both, and shall reimburse the department for the amount of the fee owed and interest calculated at a rate equal to the previous fiscal year's average rate of return on the board of investments' short-term investment pool.
Mont. Code Ann. § 75-10-746 — MT Code / Title 75 / Chapter 10 / Part 7 / Section 75-10-746
75-10-746 Emergency actions -- remedial action requirements -- designation of lead person -- enforcement
Status: in_force

75-10-746 . Emergency actions -- remedial action requirements -- designation of lead person -- enforcement. (1) If the department determines that immediate response to an imminent threat to public health, safety, or welfare or the environment is necessary to avoid substantial injury or damage to persons, property, or resources, the department may require any potentially liable person to take remedial actions without the prior written notice required by 75-10-711 (3). The department has 30 days to comply with the notification requirements provided in 75-10-711 (3) and 75-10-745 when requiring emergency remedial actions.

(2) Within 30 days of the issuance of the notice letters, the noticed persons shall designate a lead person who shall conduct remedial actions at the facility. Upon request of the noticed persons and for good cause shown, the department may grant a 30-day extension of time to identify the lead person.

(3) If the department determines that the identified lead person is financially or otherwise incapable of completing remedial actions required by the department, the department shall notify all noticed persons of this determination in writing and request that another lead person be designated within 15 days.

(4) The designated lead person shall undertake all remedial actions required by the department.

(5) If the noticed persons do not designate an approved lead person within the timeframes provided under subsection (2) or (3), the department shall designate a lead person to undertake required remedial actions.

(6) If the department finds that the lead person has not complied with the requirements of a notice letter, order, stipulated agreement, or any department-approved remedial action plan, the department shall notify all potentially liable persons of the noncompliance.

(7) If the noncompliance continues for 30 days after the date of the notice provided in subsection (6), the potentially liable persons have not demonstrated that the noncompliance is due to good cause, and the facility is a maximum or high-priority facility on the department's priority list established pursuant to 75-10-702 , the department shall take one or more of the following actions:

(a) issue a unilateral order requiring the potentially liable persons to comply with the requirements of the notice letter, order, stipulated agreement, or department-approved remedial action plan;

(b) file a civil action as provided in 75-10-711 ;

(c) conduct the required remedial actions and seek cost recovery and penalties as provided in 75-10-711 ;

(d) file a cost recovery action as provided in 75-10-722 ; or

(e) void approval of the voluntary cleanup plan as provided in 75-10-736 .

(8) If the noncompliance continues for 30 days after the date of the notice provided in subsection (6), the potentially liable persons have not demonstrated that the noncompliance is due to good cause, and the facility is not a maximum or high-priority facility on the department's priority list, the department may take one or more of the actions provided for in subsection (7).

(9) For purposes of subsections (7), (8), and (10), "good cause" means factors beyond a person's control that include severe weather conditions, third-party interference, an act of God, or an act of war. Before a person may claim good cause due to third-party interference, the person shall show that the person used reasonable efforts to obtain cooperation or compliance from the third party.

(10) If the lead person fails to comply with the requirements of a notice letter, order, stipulated agreement, or other department-approved remedial action plan, the facility and all noticed persons remain subject to liability as provided in 75-10-715 unless another person assumes the lead role in implementing the required remedial actions or the lead person can establish that the noncompliance is due to good cause.
Mont. Code Ann. § 75-7-403 — MT Code / Title 75 / Chapter 7 / Part 4 / Section 75-7-403
75-7-403 Prohibition of enforcement by department
Status: in_force

75-7-403 . Prohibition of enforcement by department. The department may not enforce any standard or provision of the model rule. As provided in 75-7-411 , the governing body of a county may adopt and enforce as an ordinance the standards contained in the model rule.
Mont. Code Ann. § 75-5-801 — MT Code / Title 75 / Chapter 5 / Part 8 / Section 75-5-801
75-5-801 Definitions
Status: in_force

75-5-801 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Animal feeding operation" means a lot or facility where the following conditions are met:

(a) animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period; and

(b) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(2) "Concentrated animal feeding operation" means an animal feeding operation that is defined as a large concentrated animal feeding operation or as a medium concentrated animal feeding operation or that is designated as a concentrated animal feeding operation in accordance with 40 CFR, part 122. Two or more animal feeding operations under common ownership are considered to be a single animal feeding operation for the purposes of determining the number of animals at an operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

(3) "Large concentrated animal feeding operation" means an animal feeding operation that stables or confines at a minimum:

(a) 700 mature dairy cows, whether milked or dry;

(b) 1,000 veal calves;

(c) 1,000 cattle other than mature dairy cows or veal calves;

(d) 2,500 swine each weighing 55 pounds or more;

(e) 10,000 swine each weighing less than 55 pounds;

(f) 500 horses;

(g) 10,000 sheep or lambs;

(h) 55,000 turkeys;

(i) 30,000 laying hens or broilers if the animal feeding operation uses a liquid manure-handling system;

(j) 125,000 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure-handling system;

(k) 82,000 laying hens if the animal feeding operation uses other than a liquid manure-handling system;

(l) 30,000 ducks if the animal feeding operation uses other than a liquid manure-handling system; or

(m) 5,000 ducks if the animal feeding operation uses a liquid manure-handling system.

(4) "Medium concentrated animal feeding operation" means an animal feeding operation with the type and number of animals that fall within any of the ranges listed in subsection (4)(a) and that has been defined or designated as a concentrated animal feeding operation. An animal feeding operation is defined as a medium concentrated animal feeding operation if:

(a) the type and number of animals that it stables or confines falls within any of the following ranges:

(i) 200-699 mature dairy cows, whether milked or dry;

(ii) 300-999 veal calves;

(iii) 300-999 cattle other than mature dairy cows or veal calves;

(iv) 750-2,499 swine each weighing 55 pounds or more;

(v) 3,000-9,999 swine each weighing less than 55 pounds;

(vi) 150-499 horses;

(vii) 3,000-9,999 sheep or lambs;

(viii) 16,500-54,999 turkeys;

(ix) 9,000-29,999 laying hens or broilers if the animal feeding operation uses a liquid manure-handling system;

(x) 37,500-124,999 chickens, other than laying hens, if the animal feeding operation uses other than a liquid manure-handling system;

(xi) 25,000-81,999 laying hens if the animal feeding operation uses other than a liquid manure-handling system;

(xii) 10,000-29,999 ducks if the animal feeding operation uses other than a liquid manure-handling system; or

(xiii) 1,500-4,999 ducks if the animal feeding operation uses a liquid manure-handling system; and

(b) either of the following conditions is met:

(i) pollutants are discharged into waters of the state through a constructed ditch, flushing system, or other similar constructed device; or

(ii) pollutants are discharged directly into waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.
Mont. Code Ann. § 75-2-213 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-213
75-2-213 Energy development project -- hearing and procedures
Status: in_force

75-2-213 . Energy development project -- hearing and procedures. (1) (a) When the department approves or denies the application for a permit under 75-2-211 for an energy development project, the applicant or a person who has provided the department with formal comments and who is directly and adversely affected by the department's decision may request a hearing before the board. If the department provided an opportunity for public comment on the application, the request for a hearing must be limited to those issues raised in comments made to the department during the comment period unless the issues are related to a material change in federal or state law made during the comment period, to a judicial decision issued after the comment period, or to a material change to the draft permit, which was submitted for public comment, made by the department in the final permit decision and upon which the public did not have a meaningful opportunity to comment. The request for hearing must be filed within 30 days after the department renders its decision. An affidavit setting forth the grounds for the request must be filed with the request for a hearing.

(b) (i) If a hearing is requested by a person other than the applicant for or permittee of an energy development project, the applicant or permittee may, by filing a written election with the board within 15 days of receipt of the request for hearing, elect to have the matter proceed to hearing before the board or to have the matter submitted directly to the district court for judicial review of the agency decision. The party who requests the hearing may elect to have the matter submitted either to the board for a hearing or to the district court for judicial review by submitting a written election to the board with the request for hearing. If there are conflicting elections between the parties, the matter must proceed to district court.

(ii) If the applicant or permittee is not the person who requested the hearing and has elected to have the matter submitted to the district court, the person who submitted the request for a hearing shall file a petition for review of the permit decision within 15 days of receipt of notice from the permittee. If the person who requested the hearing has elected to have the matter proceed to district court, that person shall file a petition in district court within 15 days of filing the request.

(iii) The petition must be limited to matters raised in the request for hearing and must be filed in the county in which the facility is located.

(iv) If a party does not elect to submit the matter directly to district court, the matter must proceed through the contested case process before the board pursuant to the Montana Administrative Procedure Act.

(v) The board or the district court shall apply the laws and rules in place when the department issued its decision, and the board or the district court may not consider any issue that was not presented to the department for the department's consideration during the formal comment period unless the issue is related to a material change in federal or state law made during the comment period, to a judicial decision issued after the comment period, or to a material change to the draft permit, which was submitted for public comment, made by the department in the final permit decision and upon which the public did not have a meaningful opportunity to comment.

(c) (i) Except as provided in subsection (1)(c)(ii), if the person requesting the hearing is not the applicant or permittee of an energy development project, the board or 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 permit applicant and its employees if the request for a hearing or 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.

(ii) The board or the district court may not require a written undertaking if the party requesting the hearing is an indigent person.

(d) If grounds for requesting the hearing are based on alleged error in applying best available control technology requirements, the board or the district court shall give deference to the best available control technology determination made by the department. The board or the district court may not reject the best available control technology determination unless the determination was incorrect as a matter of law or the factual basis for the determination was clearly erroneous.

(2) The board shall issue a final decision within 4 months from the close of the hearing on the merits or, if no hearing is held, within 3 months from the date that briefing by the parties is complete unless the applicant or permittee and the party other than the applicant or permittee agree in writing to an extension of time. The board shall require the parties to prepare the case for hearing without unreasonable delay.

(3) (a) Any requirement in a permit to commence construction, installation, or alteration within a certain time period is tolled during a contested case or judicial review proceeding, but not by more than 12 months, unless the applicant or permittee in its discretion waives the tolling in writing.

(b) If there are multiple appeals of one permit, tolling under this subsection (3) may not exceed a total of 12 months for all appeals.

(c) The applicant may not engage in construction during the period that the time period is tolled under subsection (3)(a).

(4) The department shall, for good cause shown, waive for up to 1 year any requirement that construction of an energy development project must proceed with due diligence. During the period that a waiver is in effect, an air quality permit does not expire because construction of an energy development project failed to proceed with due diligence.
Mont. Code Ann. § 75-7-210 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-210
75-7-210 Application for permit -- fee
Status: in_force

75-7-210 . Application for permit -- fee. (1) A person seeking a permit for work in a lake or on a lakeshore shall apply to the local governing body and shall pay a permit fee established by the governing body under subsection (2).

(2) The local governing body shall establish a permit fee as provided in subsection (1). The permit fee must be commensurate with the cost of administering the permit application. Factors the local governing body shall consider when establishing the fee include but are not limited to:

(a) the annual estimated total number of permit requests;

(b) the complexity of the specific project;

(c) the need for and location and number of onsite investigations; and

(d) the estimated cost of the specific project.
Mont. Code Ann. § 75-20-215 — MT Code / Title 75 / Chapter 20 / Part 2 / Section 75-20-215
75-20-215 Filing fee -- accountability -- refund -- use
Status: in_force

75-20-215 . Filing fee -- accountability -- refund -- use. (1) (a) A filing fee must be deposited in the state special revenue fund for the use of the department in administering Title 75, chapter 1, and this chapter. The applicant shall pay to the department a filing fee as provided in this section based upon the department's estimated costs of processing the application under this chapter. The fee may not exceed the following scale based upon the estimated cost of the facility:

(i) 6% of any estimated cost up to $1 million; plus

(ii) 1% of any estimated cost over $1 million and up to $5 million; plus

(iii) 0.8% of any estimated cost over $5 million and up to $10 million; plus

(iv) 0.5% of any estimated cost over $10 million and up to $20 million; plus

(v) 0.25% of any estimated cost over $20 million and up to $100 million; plus

(vi) 0.125% of any estimated cost over $100 million and up to $500 million; plus

(vii) 0.05% of any estimated cost over $500 million and up to $1 billion; plus

(viii) 0.025% of any estimated cost over $1 billion.

(b) The department may allow in its discretion a credit against the fee payable under this section for the development of information or providing of services required under this chapter or required for preparation of an environmental impact statement or assessment under the Montana or national environmental policy acts. The applicant may submit the information to the department, together with an accounting of the expenses incurred in preparing the information. The department shall evaluate the applicability, validity, and usefulness of the data and determine the amount that may be credited against the filing fee payable under this section. Upon 30 days' notice to the applicant, this credit may at any time be reduced if the department determines that it is necessary to carry out its responsibilities under this chapter.

(2) (a) The department may contract with an applicant for the development of information, provision of services, and payment of fees required under this chapter. The contract may continue an agreement entered into pursuant to 75-20-106 . Payments made to the department under a contract must be credited against the fee payable pursuant to this section. Notwithstanding the provisions of this section, the revenue derived from the filing fee must be sufficient to enable the department, the board, and the agencies listed in 75-20-216 (6) to carry out their responsibilities under this chapter. The department may amend a contract to require additional payments for necessary expenses up to the limits set forth in subsection (1)(a) upon 30 days' notice to the applicant. The department and applicant may enter into a contract that exceeds the scale provided in subsection (1)(a).

(b) If a contract is not entered into, the applicant shall pay the filing fee in installments in accordance with a schedule of installments developed by the department, provided that an installment may not exceed 20% of the total filing fee provided for in subsection (1).

(3) The estimated cost of upgrading an existing transmission substation may not be included in the estimated cost of a proposed facility for the purpose of calculating a filing fee.

(4) If an application consists of a combination of two or more facilities, the filing fee must be based on the total estimated cost of the combined facilities.

(5) The applicant is entitled to an accounting of money expended and to a refund with interest at the rate of 6% a year of that portion of the filing fee not expended by the department in carrying out its responsibilities under this chapter. A refund must be made after all administrative and judicial remedies have been exhausted by all parties to the certification proceedings.

(6) The revenue derived from filing fees must be used by the department in compiling the information required for rendering a decision on a certificate and for carrying out its and the board's other responsibilities under this chapter.
Mont. Code Ann. § 75-5-514 — MT Code / Title 75 / Chapter 5 / Part 5 / Section 75-5-514
75-5-514 When department to establish rates and collect charges
Status: in_force

75-5-514 . When department to establish rates and collect charges. (1) In the event a municipality or other entity operating sewage systems fails, neglects, or refuses when required by the department to adopt the system of charges and rates authorized by 75-5-511 , the department may adopt a system of charges and rates as provided for in 75-5-511 (1) and collect, administer, and apply such revenues for the purposes of 75-5-512 .

(2) In lieu of proceeding in the manner set forth in subsection (1) of this section, the department may institute proceedings at law or in equity to enforce compliance with or restrain violations of 75-5-511 through 75-5-513 .
Mont. Code Ann. § 75-6-223 — MT Code / Title 75 / Chapter 6 / Part 2 / Section 75-6-223
75-6-223 Applications for loans
Status: in_force

75-6-223 . Applications for loans. (1) The department shall, after consultation with the department of natural resources and conservation, establish loan application procedures, including forms for the applications. Each application for a loan must include:

(a) a reasonably detailed description of the project;

(b) a reasonably detailed estimate of the cost of the project;

(c) a timetable for the construction of the project and for payment of the cost of the project;

(d) identification of the source or sources of funds to be used in addition to the proceeds of the loan to pay the cost of the project;

(e) the source or sources of revenue proposed to be used to repay the loan;

(f) a current financial statement of the system showing assets, liabilities, revenue, and expenses;

(g) a statement as to whether, at the time of application, there are any outstanding loans, notes, bonds, or other obligations payable from the revenue of the public water system and, if so, a description of the loans, notes, bonds, or other obligations;

(h) if the applicant is a private person, a statement as to whether, at the time of the application, there are any outstanding loans, notes, or other obligations of the private person and, if so, a description of the loans, notes, or other obligations; and

(i) any other information that the department or the department of natural resources and conservation may require to determine the feasibility of a project and the applicant's ability to repay the loan, including but not limited to:

(i) engineering reports;

(ii) economic feasibility studies; and

(iii) legal opinions.

(2) Each application for a loan subsidy must include:

(a) a reasonably detailed description of the project;

(b) a reasonably detailed estimate of the cost of the project;

(c) a timetable for the construction of the project and for payment of the cost of the project;

(d) identification of the source or sources of funds to be used in addition to the proceeds of the loan to pay the cost of the project;

(e) a statement as to whether, at the time of application, there are any outstanding loans, notes, bonds, or other obligations payable from the revenue of the public water system and, if so, a description of the loans, notes, bonds, or other obligations;

(f) an explanation, including supporting information, as to why a loan subsidy is requested;

(g) evidence that the applicant qualifies as a disadvantaged community; and

(h) any other information that the department or the department of natural resources and conservation may require.
Mont. Code Ann. § 75-2-111 — MT Code / Title 75 / Chapter 2 / Part 1 / Section 75-2-111
75-2-111 Powers of board
Status: in_force

75-2-111 . Powers of board. The board shall:

(1) hold hearings relating to any aspect of or matter in the administration of this chapter at a place designated by the board. The board may compel the attendance of witnesses and the production of evidence at hearings. The board shall designate an attorney to assist in conducting hearings and shall appoint a reporter who must be present at all hearings and take full stenographic notes of all proceedings, transcripts of which must be available to the public at cost.

(2) issue orders necessary to effectuate the purposes of this chapter;

(3) have the power to issue orders under and in accordance with 42 U.S.C. 7419.
Mont. Code Ann. § 75-10-540 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-540
75-10-540 Administrative enforcement
Status: in_force

75-10-540 . Administrative enforcement. (1) When the department determines that a violation of this part, a violation of a rule adopted or an order issued under this part, or a violation of a license 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 law, rule, or license 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, an order assessing an administrative penalty pursuant to 75-10-542 , or both. The order becomes final 30 days after the notice is served unless the person named requests, in writing, a hearing before the board. On receipt of the request for a hearing, 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 change the department's order. An order 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) The department shall make efforts to obtain voluntary compliance through warning, conference, or any other appropriate means before issuing an order pursuant to subsection (1).

(4) 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. § 75-2-519 — MT Code / Title 75 / Chapter 2 / Part 5 / Section 75-2-519
75-2-519 Cleanup orders
Status: in_force

75-2-519 . Cleanup orders. The department may issue a cleanup order to any person that has deposited asbestos-containing material or that has disturbed asbestos-containing material or that owns any property where the asbestos-containing material is located when the material poses an immediate threat to public health or the environment or is likely to pose a threat to public health or the environment in the immediate future. The order may direct the person to clean up and transport the asbestos-containing material to an authorized disposal facility, to treat the material so as to render it nonhazardous, or to take other necessary actions.
Mont. Code Ann. § 75-26-301 — MT Code / Title 75 / Chapter 26 / Part 3 / Section 75-26-301
75-26-301 Definitions
Status: in_force

75-26-301 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

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

(2) "Decommission" or "decommissioning" means:

(a) except as provided in 75-26-304 (2), the removal of buildings, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar facility;

(b) except as provided in 75-26-304 (2), reclamation of surface lands to the previous grade and to comparable productivity in order to prevent adverse hydrologic effects; and

(c) (i) the removal of the solar facility after the end of the facility's useful life or abandonment; or

(ii) the removal of an aboveground wind turbine tower after the end of a wind generation facility's useful life or abandonment.

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

(4) "Owner" means a person who owns a wind generation or solar facility used for the generation of electricity.

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

(6) "Repurposed" means having made a significant investment in an existing wind generation or solar facility to extend the useful life of the facility by more than 5 years.

(7) "Solar facility" means an installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that:

(a) has a nameplate capacity greater than or equal to 2 megawatts; and

(b) produces electricity that is not consumed on the premises of the solar facility or on land immediately adjacent to the premises of the solar facility.

(8) "Wind generation facility" means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity greater than or equal to 25 megawatts.
Mont. Code Ann. § 75-11-605 — MT Code / Title 75 / Chapter 11 / Part 6 / Section 75-11-605
75-11-605 Burden of proof
Status: in_force

75-11-605 . Burden of proof. The plaintiff in an action for restoration damages resulting from the contamination of special use property has the burden of proof to show that a property meets the definition of a special use property.
Mont. Code Ann. § 75-1-102 — MT Code / Title 75 / Chapter 1 / Part 1 / Section 75-1-102
75-1-102 Intent -- purpose or procedural policy
Status: in_force

75-1-102 . Intent -- purpose or procedural policy. (1) The Montana Environmental Policy Act is procedural, and it is the legislature's intent that the requirements of parts 1 through 3 of this chapter provide for the adequate review of proposed actions in order to ensure that:

(a) an assessment of environmental attributes is conducted and made available for the legislature to fully review in order to determine the appropriateness of potential and existing regulations; and

(b) the public is informed of the anticipated impacts in Montana of proposed actions.

(2) The purpose of parts 1 through 3 of this chapter is to declare a state policy that provides for an adequate assessment of the relationship between humans and their environment, protects the right to use and enjoy private property free of undue government regulation, discloses proposed actions to avoid, minimize, or mitigate environmental impacts in accordance with existing regulations, stimulates the health and welfare of humans, enriches the understanding of the ecological systems and natural resources important to the state, and establishes an environmental quality council.
Mont. Code Ann. § 75-2-233 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-233
75-2-233 Denial or modification of permit -- mitigating factors
Status: in_force

75-2-233 . Denial or modification of permit -- mitigating factors. (1) The department may deny 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 or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:

(a) a judgment of criminal conviction of an environmental protection law has been entered against the applicant or a principal;

(b) a civil or administrative complaint for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant or a principal;

(c) the applicant or a principal has a history of repeated violations of environmental protection laws; or

(d) a judgment or criminal conviction for a violation described in 75-2-232 (1)(d) has been entered against the applicant or a principal.

(2) As provided under subsection (1), the department may impose additional conditions on a permit related to permit length, inspections, monitoring, recordkeeping, and reporting.

(3) In making the decision to deny an application or to impose conditions on a permit pursuant to subsection (1), the department shall consider the following mitigating factors:

(a) the nature and gravity of the violation of environmental protection laws or violations described in 75-2-232 (1)(d);

(b) the degree of culpability of the applicant or a principal;

(c) the applicant's or principal's cooperation with the state or federal agencies involved in the complaints and convictions referred to in 75-2-232 ; and

(d) the applicant's or principal's dissociation from other persons or entities convicted of acts referred to in 75-2-232 .
Mont. Code Ann. § 75-11-509 — MT Code / Title 75 / Chapter 11 / Part 5 / Section 75-11-509
75-11-509 Inspections -- permits
Status: in_force

75-11-509 . Inspections -- permits. (1) The owner or operator of an active underground storage tank must have the tank inspected for compliance with this part by January 1, 2002, and at least once every 3 years thereafter by an inspector who is licensed pursuant to Title 75, chapter 11, part 2, to perform underground storage tank inspections. The inspector may not be:

(a) the owner or operator of the tank;

(b) an employee of the owner or operator; or

(c) for the first inspection required by this subsection (1) and for a period of 3 years after the installation or modification of the tank was completed, the installer who installed or modified the tank and whose name or signature was on the permit required by 75-11-212 .

(2) The owner or operator of an inactive underground storage tank shall comply with requirements for testing, inspection, recordkeeping, and reporting provided in rules adopted pursuant to this part.

(3) The department may by rule authorize temporary permits for the installation, testing, and operation of underground storage tanks. The requirements in subsection (8) for a 3-year permit term and for permit issuance only after inspection by a licensed inspector do not apply to temporary permits.

(4) The department shall by rule provide:

(a) requirements for the scope and timing of inspections; and

(b) requirements for testing, inspection, recordkeeping, and reporting for inactive tanks to ensure that these tanks do not pose a threat to public health, safety, or the environment while inactive or upon their return to active status.

(5) The inspector shall provide the owner or operator with an inspection report that meets the requirements of rules adopted by the department to ensure compliance with this part and rules adopted pursuant to this part.

(6) The owner or operator shall retain the original inspection report and mail a copy to the department.

(7) If the inspection report indicates violations, the owner or operator shall correct the violations and obtain a followup inspection. Followup inspection reports must be provided to the owner or operator and to the department.

(8) A person may not place a regulated substance in an underground storage tank unless the owner or operator has been issued a valid permit from the department for the tank. Permits must be issued for a term of 3 years. The department may not issue or renew a permit unless the owner or operator has filed with the department an inspection report by a licensed inspector. Prior to issuing or renewing a permit, the department shall determine, on the basis of the inspection report and other relevant information, whether the operation and maintenance of the tank were in compliance with this part and rules adopted pursuant to this part on the date of inspection.

(9) The department may determine to not issue or not renew a permit for a tank if the department finds that there has been significant noncompliance with this part or with rules, permits, or orders issued pursuant to this part. If the department proposes to not issue or not renew a permit, it must have a written notice letter served personally or by certified mail on the owner or operator informing the owner or operator of the reason for the action. The owner or operator may request a hearing before the board. The hearing request must be in writing and must be filed with the board no later than 30 days after the service of the notice letter. 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.
Mont. Code Ann. § 75-2-215 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-215
75-2-215 Solid or hazardous waste incineration -- additional permit or registration requirements
Status: in_force

75-2-215 . Solid or hazardous waste incineration -- additional permit or registration requirements. (1) Except as provided in subsection (2), until the department issues an air quality permit pursuant to 75-2-211 or a registration in accordance with rules adopted pursuant to 75-2-234 that includes the conditions required by this section, a person may not construct, install, alter, or use:

(a) a solid or hazardous waste incinerator; or

(b) a boiler or industrial furnace subject to the provisions of 75-10-406 .

(2) An existing or permitted solid or hazardous waste incinerator or a boiler or industrial furnace subject to the provisions of 75-10-406 is subject to the provisions of subsection (1) only if it incinerates or uses as fuel or would incinerate or use as fuel solid or hazardous waste in an amount, form, kind, or content that changes the nature, character, or composition of its emissions from its design or permitted operation.

(3) The department may not issue a permit or registration to a facility described in subsection (1) until:

(a) the owner or operator provides to the department's satisfaction:

(i) a characterization of emissions and ambient concentrations of air pollutants, including hazardous air pollutants, from any existing emission source at the facility; and

(ii) an estimate of emissions and ambient concentrations of air pollutants, including hazardous air pollutants, from the incineration of solid or hazardous waste or the use of hazardous waste as fuel for a boiler or industrial furnace, as proposed in the registration, permit application, or permit modification;

(b) if a license is required pursuant to 75-10-221 or a permit is required pursuant to 75-10-406 , the applicant has published, in the county where the project is proposed, at least three notices, in accordance with the procedures identified in 7-1-4127 , describing the proposed project;

(c) if a license is required pursuant to 75-10-221 or a permit is required pursuant to 75-10-406 , the department has conducted a public hearing on an environmental review prepared pursuant to Title 75, chapter 1, and, as appropriate, provided additional opportunities for the public to review and comment on the permit application or permit modification;

(d) except as provided in subsection (7), the department reaches a determination that the projected emissions and ambient concentrations will constitute a negligible risk to the public health, safety, and welfare and to the environment; and

(e) the department issues a license pursuant to 75-10-221 or a permit pursuant to 75-10-406 , if a license or permit is required. The decision to issue, deny, or alter a permit pursuant to 75-2-211 and this section must be made within 30 days from when the department issues a license pursuant to 75-10-221 or a permit pursuant to 75-10-406 or within 90 days after the receipt of a complete application for a permit or a permit alteration under 75-2-211 and this section, whichever is later.

(4) The department shall require the application of air pollution control equipment, engineering, or other operating procedures as necessary to provide reductions of air pollutants, including hazardous air pollutants, equivalent to or more stringent than those achieved through the best available control technology.

(5) The department may by rule provide for general air quality permits under the provisions of 75-2-211 and this section. The rules must cover numerous similar classes or categories of incinerators and boilers or industrial furnaces.

(6) This section does not relieve an owner or operator of a solid or hazardous waste incinerator or a boiler or industrial furnace that is not included under subsection (1) from the obligation to obtain any permit otherwise required under this chapter or rules implementing this chapter.

(7) An animal or human crematorium eligible for registration under 75-2-234 is exempt from the determination requirement established in subsection (3)(d).
Mont. Code Ann. § 75-10-514 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-514
75-10-514 Denial, suspension, or revocation of license -- grounds
Status: in_force

75-10-514 . Denial, suspension, or revocation of license -- grounds. (1) The department may deny or suspend a motor vehicle wrecking facility's license on any of the following grounds:

(a) The applicant or licensee sold or otherwise disposed of a motor vehicle, trailer, or any part of a motor vehicle or trailer when it knew the vehicle or part was stolen or was appropriated without the consent of the owner.

(b) The applicant or licensee committed forgery on a certificate of title covering a vehicle that has been reassembled from parts obtained from the disassembling of other vehicles.

(c) The applicant or licensee committed any illegal act or omission that has caused loss as the result of a sale of a motor vehicle, trailer, or part of a motor vehicle or trailer.

(d) The applicant or licensee failed to comply with this part or with a rule of the department.

(e) The applicant or licensee obtained a license fraudulently.

(2) The department may revoke a motor vehicle wrecking facility's license on the following grounds:

(a) the license was suspended pursuant to subsection (1)(d) and the facility failed to cure the defect or defects underlying the suspension during the period of suspension; or

(b) the license was suspended pursuant to subsection (1)(a), (1)(b), (1)(c), or (1)(e) and, after suspension, the licensee performed an act that is grounds for suspension pursuant to subsections (1)(a) through (1)(e) at any time during the remaining active life of the facility.
Mont. Code Ann. § 75-2-227 — MT Code / Title 75 / Chapter 2 / Part 2 / Section 75-2-227
75-2-227 Postconsumer glass qualifying for credit -- rulemaking
Status: in_force

75-2-227 . Postconsumer glass qualifying for credit -- rulemaking. (1) The department shall adopt rules describing postconsumer glass and recycled material that qualify for the credit authorized by 75-2-226 .

(2) In addition to the public participation provisions of Title 2, chapter 4, the department shall maintain a register of interested persons and experts in the field of recycling postconsumer glass. The department shall mail a notice to the interested persons identified under this subsection of the department's contemplated actions, soliciting their views on possible solutions or courses of action.
Mont. Code Ann. § 75-5-605 — MT Code / Title 75 / Chapter 5 / Part 6 / Section 75-5-605
75-5-605 Prohibited activity -- exemption
Status: in_force

75-5-605 . Prohibited activity -- exemption. (1) It is unlawful to:

(a) cause pollution, as defined in 75-5-103 , of any state waters or to place or cause to be placed any wastes where they will cause pollution of any state waters. Any placement of materials that is authorized by a permit issued by any state or federal agency is not a placement of wastes within the prohibition of this subsection (1)(a) if the agency's permitting authority includes provisions for review of the placement of materials to ensure that it will not cause pollution of state waters.

(b) violate any provision set forth in a permit or stipulation, including but not limited to limitations and conditions contained in the permit;

(c) cause degradation of state waters without a feasibility allowance pursuant to 75-5-303 ;

(d) violate any order issued pursuant to this chapter; or

(e) violate any provision of this chapter.

(2) Except for the permit exclusions identified in 75-5-401 (5), it is unlawful to carry on any of the following activities without a current permit from the department:

(a) construct, modify, or operate a disposal system that discharges into any state waters;

(b) construct or use any outlet for the discharge of sewage, industrial wastes, or other wastes into any state waters; or

(c) discharge sewage, industrial wastes, or other wastes into any state waters.

(3) Activities associated with routine or periodic maintenance, repair, replacement, or operation of irrigation water conveyance systems, including activities associated with any constructed channel, canal, ditch, pipeline, or portion of any constructed channel, canal, ditch, or pipeline, are not prohibited activities under this chapter if the activities do not result in exceeding water quality standards for any receiving water outside the irrigation water conveyance system. The diversion of water in accordance with an existing water right or permit pursuant to Title 85, chapter 2, is not a prohibited activity under this chapter.
Mont. Code Ann. § 75-8-107 — MT Code / Title 75 / Chapter 8 / Part 1 / Section 75-8-107
75-8-107 Degree of cleanup required -- labor requirements
Status: in_force

75-8-107 . Degree of cleanup required -- labor requirements. (1) A remediation plan must demonstrate that it will meet the requirements of subsection (2) and attain a degree of cleanup of the affected property consistent with, but not more stringent than, applicable legal obligations, giving consideration to reasonably anticipated future uses of affected property.

(2) When contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work to implement a remediation plan, an owner shall require that its contractors and any subcontractors use a skilled and trained workforce to perform all remediation. Contracts signed must require contractors and subcontractors to:

(a) pay the standard prevailing rate of wages as defined in 18-2-401 for remediation; and

(b) pay apprentice wage rates, as applicable, in accordance with 39-6-108 for remediation completed by an apprentice employed by a contractor or subcontractor.
Mont. Code Ann. § 75-15-111 — MT Code / Title 75 / Chapter 15 / Part 1 / Section 75-15-111
75-15-111 Outdoor advertising prohibited in proximity to highway -- exceptions
Status: in_force

75-15-111 . Outdoor advertising prohibited in proximity to highway -- exceptions. (1) Outdoor advertising may not be erected or maintained that is within 660 feet of the nearest edge of the right-of-way and that is visible from any place on the main-traveled way of an interstate or primary system, except:

(a) directional and other official signs and notices, which signs and notices include but are not limited to signs and notices pertaining to natural wonders and scenic and historical attractions, as authorized or required by law;

(b) signs, displays, and devices advertising the sale or lease of property upon which they are located;

(c) signs, displays, and devices advertising activities conducted on the property upon which they are located;

(d) signs, displays, and devices located in areas that are zoned industrial or commercial by a bona fide state, county, or local zoning authority;

(e) signs, displays, and devices located in unzoned commercial or industrial areas, which areas must be determined from actual land uses and by agreement between the department and the secretary and defined by rules adopted by the commission. The exception granted by this subsection is limited to two signs and may not apply to signs, displays, and devices located within an unzoned area in which the commercial or industrial activity used in defining the area has ceased for a period of 9 months.

(f) signs or displays advertising the cultural exhibits of nonprofit historical or arts organizations if the signs or displays conform with the standards provided in Title 23, Code of Federal Regulations, section 750, subpart B; or

(g) signs that are consistent with the policy of this state and with the national policy set forth in 23 U.S.C. 131 and the regulations promulgated under 23 U.S.C. 131 and that are designed to provide information in the specific interest of the traveling public as provided in 60-5-504 , 60-5-505 , 60-5-511 through 60-5-513 , and 60-5-519 through 60-5-521 .

(2) Outdoor advertising authorized under subsections (1)(a), (1)(d), and (1)(e) must conform with standards contained in and must bear permits required in rules that are adopted by the commission and this part.

(3) Outdoor advertising may not be erected or maintained beyond 660 feet of the nearest edge of the right-of-way of an interstate or primary highway outside of an urban area if the outdoor advertising is or was erected with the purpose of its message being read from the main-traveled way and visible from the main-traveled way unless the outdoor advertising meets the criteria of subsections (1)(a), (1)(b), or (1)(c). If the outdoor advertising meets that criteria, it must conform with standards contained in rules that are adopted by the commission and with this part.

(4) An outdoor advertising structure in an unzoned commercial or industrial area that is lawfully in existence on April 21, 1995, that meets the size requirements in 75-15-113 , but that exceeds the restrictions in subsection (1)(e) of this section:

(a) must be classified as nonconforming by the department;

(b) may not be increased in size;

(c) may be maintained each year if the value of the materials used in the maintenance does not exceed 75% of the value of all of the materials required to replace the sign new; and

(d) may be replaced, if damaged, at up to and including 100% of its replacement cost.
Mont. Code Ann. § 75-10-511 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-511
75-10-511 Motor vehicle wrecking facility and motor vehicle graveyard licenses
Status: in_force

75-10-511 . Motor vehicle wrecking facility and motor vehicle graveyard licenses. (1) A person may not conduct, maintain, or operate a motor vehicle wrecking facility or motor vehicle graveyard without a license issued by the department.

(2) Application for the license must be made on forms furnished by the department.

(3) An annual fee of $100 must be paid to the department for the license. The fee may be quarterly prorated for new facilities.

(4) A motor vehicle graveyard is excluded from paying the annual license fee but must meet all other requirements of this part.

(5) A license must be displayed in a prominent place in the licensed facility or graveyard.

(6) The license expires on December 31 of the year issued.

(7) If a motor vehicle wrecking facility ceases to do business, the license must be surrendered to the department. The license is not transferable.
Mont. Code Ann. § 75-7-101 — MT Code / Title 75 / Chapter 7 / Part 1 / Section 75-7-101
75-7-101 Short title
Status: in_force

75-7-101 . Short title. This part may be cited as "The Natural Streambed and Land Preservation Act of 1975".
Mont. Code Ann. § 75-1-1201 — MT Code / Title 75 / Chapter 1 / Part 12 / Section 75-1-1201
75-1-1201 Terminated
Status: in_force

75-1-1201 . Terminated. Sec. 10, Ch. 534, L. 1997.
Mont. Code Ann. § 75-10-409 — MT Code / Title 75 / Chapter 10 / Part 4 / Section 75-10-409
75-10-409 Compliance monitoring and reporting
Status: in_force

75-10-409 . Compliance monitoring and reporting. (1) The department may, as a condition of a permit, require the owner or operator of a facility to install equipment, collect and analyze samples, and maintain records in order to monitor and demonstrate compliance with this part, rules adopted under this part, any order of the board or department, and permit conditions.

(2) The department may require the owner or operator of a facility to submit reports on the compliance monitoring activities, including notice to the department of any noncompliance with permit conditions, rules adopted under this part, the provisions of this part, or any orders of the department or board.
Mont. Code Ann. § 75-5-222 — MT Code / Title 75 / Chapter 5 / Part 2 / Section 75-5-222
75-5-222 State regulation for natural conditions
Status: in_force

75-5-222 . State regulation for natural conditions. (1) The department may not apply a standard to a water body for water quality that is more stringent than the nonanthropogenic condition of the water body. For the parameters for which the applicable standards are more stringent than the nonanthropogenic condition, the standard is the nonanthropogenic condition of the parameter in the water body. The department shall implement the standard in a manner that provides for the water quality standards for downstream waters to be attained and maintained.

(2) (a) For water bodies where the standard is more stringent than the condition of the water body but subsection (1) is not applicable, the department shall adopt rules consistent with comparable federal rules and guidelines providing criteria and procedures for the department to issue variances from standards if:

(i) the condition cannot reasonably be expected to be remediated during the permit term for which the application for variance has been received; and

(ii) the discharge to which the variance applies would not materially contribute to the condition.

(b) A variance issued pursuant to subsection (2)(a) must be reviewed every 5 years and may be modified or terminated as a result of the review.
Mont. Code Ann. § 75-7-205 — MT Code / Title 75 / Chapter 7 / Part 2 / Section 75-7-205
75-7-205 Unauthorized work
Status: in_force

75-7-205 . Unauthorized work. A person who performs work in a lake without a permit for that work shall, if required by the local governing body or the district court, restore the lake to its condition before the person disturbed it.
Mont. Code Ann. § 75-10-541 — MT Code / Title 75 / Chapter 10 / Part 5 / Section 75-10-541
75-10-541 Injunction -- action to collect civil penalty -- authority of department of justice
Status: in_force

75-10-541 . Injunction -- action to collect civil penalty -- authority of department of justice. (1) The department may sue to enjoin the operation or maintenance of a motor vehicle wrecking facility or graveyard either permanently or until compliance with this part, the rules of the department, or an order issued pursuant to this part has been demonstrated.

(2) The department may sue in district court to collect a civil penalty as provided in 75-10-542 .

(3) Upon request of the department, the attorney general or the county attorney of the county in which a motor vehicle wrecking facility or graveyard is located may petition the district court to enjoin further operation or maintenance of a motor vehicle wrecking facility or graveyard or to impose, assess, and recover a civil penalty, as appropriate.

(4) The department of justice, through the attorney general or the county attorney of the county in which a facility is located, may sue in district court to collect a civil penalty as provided in 75-10-542 for violations of 75-10-512 discovered during department of justice inspections.