reglab/housing_qa huggingface dataset:
MT Code § 75-10-1303 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards|75-10-1303. Decontamination standards -- rulemaking authority -- samples

  75-10-1303. Decontamination standards -- rulemaking authority -- samples. (1) The decontamination standard for methamphetamine inside inhabitable property is less than or equal to 1.5 micrograms of methamphetamine per 100 square centimeters of surface material unless a different standard is adopted by the department by rule to protect human health. The department may adopt standards by rule for precursors to methamphetamine that are consistent with the standard for methamphetamine.  (2) (a) The department may by rule establish the number and locations of surface material samples to be collected based on the circumstances of the contamination and acceptable testing methods.   (b) In the absence of a rule described in subsection (2)(a), at least three samples must be collected from the surface material most likely to be contaminated at each property.   History: En. Sec. 3, Ch. 461, L. 2005; amd. Sec. 3, Ch. 93, L. 2021.
MT Code § 75-10-1304 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards|75-10-1304. Contractor certification -- department authority

  75-10-1304. Contractor certification -- department authority. (1) The department is authorized to establish by rule minimum standards for the training and certification of contractors and their employees who are to perform the assessment or remediation of inhabitable property contaminated by methamphetamine residues.   (2) The department may train and test or may approve courses to train and test contractors and their employees in the proper methods of assessing, remediating, and testing inhabitable property contaminated by methamphetamine residues. If the department conducts the training and testing of contractors and their employees, it may adopt rules to provide for the assessment of reasonable fees to cover the state's costs of providing the training and testing.   (3) The department shall establish by rule procedures for the certification of contractors and their employees, including procedures for the decertification of contractors and their employees for cause. The rules may provide for the assessment of reasonable fees to cover the cost of the contractor certification program.   (4) Any contractor and the contractor's employees certified to perform the remediation of inhabitable property in any other state are approved for certification in Montana unless the department determines that the certification process in the other state is not substantially similar to the minimum certification standards established by the department.   (5) The department shall maintain a list of certified contractors and shall make the list available to local health officials, law enforcement officials, and the public.   History: En. Sec. 4, Ch. 461, L. 2005.
MT Code § 75-10-1305 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards|75-10-1305. Occupant notice by owner of inhabitable property -- immunity

  75-10-1305. Occupant notice by owner of inhabitable property -- immunity. (1) An owner of inhabitable property that is known by the owner to have been used as a clandestine methamphetamine drug lab or that has been contaminated from smoke from the use of methamphetamine shall notify in writing any subsequent occupant or purchaser of the inhabitable property of that fact if the inhabitable property has not been remediated to the standards established in 75-10-1303 by a contractor who is certified in accordance with 75-10-1304.  (2) An owner or an owner's agent referred to in subsection (1) may provide notice to a subsequent occupant or purchaser that the owner or the owner's agent has submitted:   (a) documentation to the department by a contractor who is certified pursuant to 75-10-1304 that the inhabitable property has been remediated to the standards established in 75-10-1303; or   (b) documentation by a certified contractor that the property meets the decontamination standards without decontamination.   (3) Notice as required or authorized in this section must occur before agreement to a lease or sale of the inhabitable property.   (4) If the department has confirmed that the decontamination standard provided for in 75-10-1303 has been met and if notice has been given as provided in subsections (2) and (3), the owner and the owner's agent are not liable in any action brought by a person who has been given notice that is based on the presence of methamphetamine in an inhabitable property.   History: En. Sec. 5, Ch. 461, L. 2005; amd. Sec. 4, Ch. 93, L. 2021.
MT Code § 75-10-1306 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards|75-10-1306. Reporting requirements

  75-10-1306. Reporting requirements. (1) Whenever a state or local law enforcement agency becomes aware that an inhabitable property has been contaminated by its use as a clandestine methamphetamine drug lab, the agency shall report the contamination to the department and to the local health officer.   (2) The department shall maintain a list of inhabitable property that has been reported as contaminated, and the list must be made available to the public through a website except as provided in subsection (3).   (3) Upon confirmation by the department that an inhabitable property has been properly remediated to the standards established in 75-10-1303 or that the inhabitable property meets the decontamination standards without decontamination, the department shall remove the inhabitable property from the list required in subsection (2). The department shall provide written notification to the local health officer and the property owner of record when the documentation shows that the inhabitable property has been properly assessed or remediated.   (4) The department may adopt rules establishing reasonable requirements for the sufficiency of documentation to be provided by a certified contractor.   (5) Notwithstanding any other provision of law, once an inhabitable property has been removed from the list required in subsection (2), a property owner, landlord, or real estate agent is not required to report or otherwise disclose the past contamination.   History: En. Sec. 6, Ch. 461, L. 2005.
MT Code § 75-10-1401 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1401. Definitions

  75-10-1401. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Department" means the department of environmental quality provided for in 2-15-3501.   (2) "Mine waste" means soil, rock, and other earthen materials excavated from a mine and slimes, tailings, dusts, sludges, or other waste products from the crushing, cleaning, milling, or beneficiation of ores or other mineral-bearing materials, including material that may have migrated from its original place of deposition by erosion or human transit, and that contain hazardous or deleterious substances.   (3) "Smelter waste" means cinders, clinker, slag, and other waste products from the reduction of ores by any means, including material that may have migrated from its original place of deposition by erosion, and that contain hazardous or deleterious substances.   History: En. Sec. 1, Ch. 200, L. 2009.
MT Code § 75-10-1402 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1402. Remediation schedule

  75-10-1402. Remediation schedule. Except as provided in 75-10-1411, a person who undertakes a remedial action for the remediation of mine or smelter waste on property owned by someone other than the owner of the waste shall complete the remedial action in accordance with a schedule negotiated between the person completing the remedial action and the property owner and approved by the department.   History: En. Sec. 2, Ch. 200, L. 2009.
MT Code § 75-10-1403 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1403. Remediation location

  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.   History: En. Sec. 3, Ch. 200, L. 2009.
MT Code § 75-10-1404 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1404. Minimum reclamation standards

  75-10-1404. Minimum reclamation standards. (1) Except as provided in 75-10-1411, mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as provided in subsection (3).   (2) Except as agreed to by the person undertaking the remedial action and the property owner or as provided in 75-10-1411, locations where mine or smelter waste has been removed by a person undertaking a remedial action on property owned by someone other than the waste owner must be capped by a minimum of 6 inches of topsoil and revegetated as provided in subsection (3).   (3) Except as provided in 75-10-1411:   (a) mine and smelter waste repositories or lands where mine or smelter waste has been removed must be revegetated using plant species native to the area; and   (b) revegetated areas must achieve a vegetative cover equal to 85% of the vegetation cover of adjacent lands that were not previously disturbed within 3 years of the initial seeding.   History: En. Sec. 4, Ch. 200, L. 2009.
MT Code § 75-10-1405 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1405. Remediation plan

  75-10-1405. Remediation plan. (1) A person undertaking a remediation action for mine or smelter waste on property owned by someone other than the waste owner shall prepare and submit to the property owner a detailed, written plan describing the waste to be remediated and remedial actions to take place on the property.   (2) The property owner has a minimum of 30 days to review the plan. If the remediation is completed pursuant to 75-10-712 or 75-10-746, the review is not required.   History: En. Sec. 5, Ch. 200, L. 2009.
MT Code § 75-10-1406 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1406. through 75-10-1409 reserved

  75-10-1406 through 75-10-1409 reserved.
MT Code § 75-10-1410 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1410. Civil penalty

  75-10-1410. Civil penalty. (1) A district court may assess a civil penalty upon a person who violates 75-10-1401 through 75-10-1405 of not more than $1,000 per day.   (2) An action under this section is not a bar to enforcement by injunction or other appropriate civil remedy.   (3) The penalty provided for in subsection (1) is recoverable in an action brought by the property owner and is payable to the property owner. The action must be filed in the district court of the county where the violation occurred.   History: En. Sec. 6, Ch. 200, L. 2009.
MT Code § 75-10-1411 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 14. Mine and Smelter Waste Remediation|75-10-1411. Mine and smelter waste remediation -- compliance with hazardous waste cleanup orders

  75-10-1411. Mine and smelter waste remediation -- compliance with hazardous waste cleanup orders. This part does not apply to reclamation of an abandoned mine site pursuant to 82-4-371 or to the extent that the actions irreconcilably conflict with an order or plan approval issued by the department pursuant to Title 75, chapter 10, part 7, a corrective action order or permit issued pursuant to Title 75, chapter 10, part 4, or a permit issued for reclamation of a mine site pursuant to Title 82, chapter 4, part 3.   History: En. Sec. 7, Ch. 200, L. 2009.
MT Code § 75-10-1501 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1501. Short title

  75-10-1501. Short title. This part may be cited as the "Mercury-Added Thermostat Collection Act".   History: En. Sec. 1, Ch. 296, L. 2009.
MT Code § 75-10-1502 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1502. Purpose

  75-10-1502. Purpose. The purpose of this part is to facilitate the proper disposal of mercury-added thermostats.   History: En. Sec. 2, Ch. 296, L. 2009.
MT Code § 75-10-1503 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1503. Definitions

  75-10-1503. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Department" means the department of environmental quality provided for in 2-15-3501.   (2) "Manufacturer" means a business concern that owns or owned the name brand of a mercury-added thermostat sold in this state.   (3) (a) "Mercury-added thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, or other buildings.   (b) The term does not include a thermostat used to sense and control temperature as part of a manufacturing process.   (4) "Out-of-service mercury-added thermostat" means a mercury-added thermostat that is removed from a building or facility and is intended to be discarded.   (5) "Program" means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively with other manufacturers.   (6) "Qualified contractor" means a person engaged in the business of installation, service, or removal of heating, ventilation, and air-conditioning components who employs seven or more service technicians or installers or who is located in areas outside of urban areas as defined by the United States bureau of the census.   (7) "Retailer" means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including but not limited to a sale using catalogs or the internet.   (8) (a) "Thermostat" means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, and other buildings.   (b) The term does not include a product or device used to sense and control temperature as part of a manufacturing process.   (9) (a) "Wholesaler" means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components and whose total wholesale sales account for 80% or more of total sales. The term may include a retailer.   (b) The term does not include a manufacturer.   History: En. Sec. 3, Ch. 296, L. 2009.
MT Code § 75-10-1504 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1504. Prohibition on sale and installation of mercury-added thermostats -- list

  75-10-1504. Prohibition on sale and installation of mercury-added thermostats -- list. (1) After January 1, 2010, a person may not sell, offer for sale, or install a mercury-added thermostat in Montana.   (2) The department shall maintain a list on its website of manufacturers that are in compliance with this part.   History: En. Sec. 4, Ch. 296, L. 2009.
MT Code § 75-10-1506 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1506. Initial education and outreach -- requirements

  75-10-1506. Initial education and outreach -- requirements. From April 17, 2009, through December 31, 2012, a manufacturer shall conduct initial education and outreach efforts, including but not limited to:   (1) the establishment of a public internet website. Templates of educational materials must be posted on the website in a format that can be easily downloaded. A link to the website must be provided to the department.   (2) methods used to engage other stakeholders, such as waste, demolition, heating, ventilation, and air-conditioning organizations, as well as appropriate state agencies and local governments, in securing support and participation in programs that encourage the proper management of out-of-service mercury-added thermostats;   (3) strategies to work with utilities participating in programs involving the replacement of thermostats to encourage their participation in the collection and proper management of out-of-service mercury-added thermostats. These strategies may include the inclusion of an educational insert in utility bills.   (4) contacting wholesalers and encouraging participation in educating customers on the proper management of out-of-service mercury-added thermostats; and   (5) strategies used to encourage support and participation by retailers and other outlets in educating consumers on the proper management of out-of-service mercury-added thermostats.   History: En. Sec. 6, Ch. 296, L. 2009.
MT Code § 75-10-1507 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1507. Annual report -- publication

  75-10-1507. Annual report -- publication. (1) By April 1, 2011, and by April 1 of each succeeding year, a manufacturer shall submit an annual report to the department covering the previous calendar year. The annual reports must provide the department with the following:   (a) the number of out-of-service mercury-added thermostats collected by the program;   (b) the estimated total amount of mercury contained in the thermostat components collected by the program;   (c) an evaluation of the effectiveness of the program;   (d) collection goals that must ensure an increase in the number of mercury-added thermostats collected each year until 2016 or a time that the department determines that the number of in-service thermostats is steadily declining;   (e) an accounting of the program administrative costs, including a copy of internal revenue service form 990 for a nonprofit organization's program. For a for-profit organization's program, the manufacturer or group of manufacturers operating a program shall submit independently audited financial statements detailing revenue and a full accounting of administrative costs incurred.   (f) a description of outreach strategies used to increase participation and collection rates;   (g) examples of outreach and educational materials used by the program;   (h) names and locations of collection locations;   (i) the number of out-of-service mercury-added thermostats collected at each collection location;   (j) a description of how the collected out-of-service mercury-added thermostats were managed; and   (k) any proposed modifications the manufacturer may make to the program.   (2) The department shall use the report to determine whether collection goals are being met. If collection goals are not met, the department shall require modifications to manufacturers' collection plans in an attempt to improve collection rates.   (3) The manufacturer or group of manufacturers operating a program shall post the report to a public website.   (4) The department shall post reports submitted pursuant to this section on the department website or may provide a link to the public website.   (5) Based on diminished return of thermostats, the department may discontinue the requirement for the annual report pursuant to this section on finding that mercury-added thermostats no longer pose a threat to the environment and public health in Montana.   History: En. Sec. 7, Ch. 296, L. 2009.
MT Code § 75-10-1508 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1508. Wholesaler collection sites

  75-10-1508. Wholesaler collection sites. (1) A wholesaler with a physical location in Montana shall act as a collection location for out-of-service mercury-added thermostats.   (2) A wholesaler that distributes thermostats by mail to buyers in the state shall include with the sale of the thermostat a website address and a toll-free telephone number with instructions on obtaining a prepaid mail-in label that a consumer may use to send an out-of-service mercury-added thermostat to a collection location.   (3) A wholesaler shall distribute to its customers the educational and outreach materials developed by a manufacturer pursuant to 75-10-1505.   History: En. Sec. 8, Ch. 296, L. 2009.
MT Code § 75-10-1509 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 15. Mercury-Added Thermostat Collection|75-10-1509. Rulemaking authority

  75-10-1509. Rulemaking authority. The department shall adopt rules to implement the provisions of this part.   History: En. Sec. 9, Ch. 296, L. 2009.