reglab/housing_qa huggingface dataset:
MT Code § 75-5-405 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 4. Permits|75-5-405. Voluntary filing of performance bond -- terms -- hearing

  75-5-405. Voluntary filing of performance bond -- terms -- hearing. (1) A person who holds or has applied for a permit pursuant to 75-5-401 may voluntarily file a performance bond or other surety with the department for an amount sufficient to enable the state to reclaim the land disturbed by the project or activity authorized by the permit in accordance with all permit requirements and as needed to prevent pollution of state waters.   (2) If the department determines that the bonding level does not represent the present cost of reclaiming the disturbed land according to the reclamation requirements specified in the permit and the present cost of preventing pollution of state waters, the department shall notify the permittee and the permittee may modify the amount of the bond to accurately reflect the present cost.   (3) The department may not release all or any portion of a performance bond or other surety filed pursuant to this section until reclamation of the disturbed land has been completed to the satisfaction of the department and the department has determined that pollution of state waters has not occurred. The department may initiate bond forfeiture proceedings if the permittee fails to satisfactorily reclaim the disturbed land or prevent pollution of state waters.   (4) The department may not release a bond or other surety filed pursuant to this section until the public has been provided an opportunity for a hearing.   History: En. Sec. 3, Ch. 412, L. 1991.
MT Code § 75-5-406 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 4. Permits|75-5-406. through 75-5-409 reserved

  75-5-406 through 75-5-409 reserved.
MT Code § 75-5-410 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 4. Permits|75-5-410. Water quality requirements -- aquifer recharge or certain mitigation plans -- minimum requirements

  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.   History: En. Sec. 19, Ch. 391, L. 2007; amd. Sec. 1, Ch. 104, L. 2009.
MT Code § 75-5-411 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 4. Permits|75-5-411. Establishing setbacks -- rulemaking

  75-5-411. Establishing setbacks -- rulemaking. The department shall adopt rules establishing setback area requirements between sewage lagoons and water wells to prevent water well contamination.   History: En. Sec. 1, Ch. 327, L. 2017.
MT Code § 75-5-501 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-501. Repealed

  75-5-501. Repealed. Sec. 8, Ch. 195, L. 1999.   History: En. Sec. 1, Ch. 165, L. 1969; amd. Sec. 61, Ch. 349, L. 1974; R.C.M. 1947, 69-4808.1.
MT Code § 75-5-502 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-502. Department authorized to accept loans and grants

  75-5-502. Department authorized to accept loans and grants. The department may accept loans and grants from the federal government and other sources to carry out the provisions of this chapter.  History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(2)(a); amd. Sec. 50, Ch. 324, L. 2021.
MT Code § 75-5-503 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-503. Department authorized to accept loans and grants

  75-5-503. Department authorized to accept loans and grants. The department may accept loans and grants from the federal government and other sources to carry out the provisions of this chapter.   History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(2).
MT Code § 75-5-504 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-504. through 75-5-506 reserved

  75-5-504 through 75-5-506 reserved.
MT Code § 75-5-507 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-507. Repealed

  75-5-507. Repealed. Sec. 82, Ch. 509, L. 1995.   History: En. Sec. 1, Ch. 600, L. 1991.
MT Code § 75-5-508 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-508. through 75-5-510 reserved

  75-5-508 through 75-5-510 reserved.
MT Code § 75-5-511 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-511. Sewage system operators authorized to adopt charges and rates for users

  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.   History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(1), (2).
MT Code § 75-5-512 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-512. Uses allowed for revenues

  75-5-512. Uses allowed for revenues. A municipality or other entity operating a sewage system may retain the amounts of the revenues derived from the payment of costs by industrial users of its treatment works services and expend such revenues, together with interest thereon, for:   (1) repayment to applicable agencies of government of any grants or loans made to the municipality or other entity operating a sewage system for construction of the treatment works;   (2) future expansion and reconstruction of the treatment works; and   (3) other municipal purposes.   History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(3).
MT Code § 75-5-513 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-513. Sewage system operators to keep records -- department's power to inspect and audit

  75-5-513. Sewage system operators to keep records -- department's power to inspect and audit. A municipality or other entity operating sewage systems shall keep records, financial statements, and books regarding its rates and charges and amounts collected on account of its treatment works and how such revenues are allocated. The department may inspect such records, financial statements, and books, audit them or cause them to be audited at such intervals as deemed necessary.   History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(4).
MT Code § 75-5-514 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-514. When department to establish rates and collect charges

  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.   History: En. Sec. 14, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.4(5), (6); amd. Sec. 51, Ch. 324, L. 2021.
MT Code § 75-5-515 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-515. Determination of costs payable by users

  75-5-515. Determination of costs payable by users. In determining the amount of treatment works costs to be paid by recipients of treatment works services, the municipality or other entity operating sewage systems or, if applicable, the department shall consider the strength, volume, types, and delivery flow rate characteristics of the waste; the nature, location, and type of treatment works; the receiving waters; and other factors deemed necessary.  History: En. 69-4808.5 by Sec. 15, Ch. 455, L. 1975; R.C.M. 1947, 69-4808.5; amd. Sec. 52, Ch. 324, L. 2021.
MT Code § 75-5-517 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 5. Financial Provisions|75-5-517. Disposition of water quality permit fees

  75-5-517. Disposition of water quality permit fees. (1) All fees collected under 75-5-516 must be credited to an account in the state special revenue fund.   (2) Money in the account may be used only to pay the department's cost in implementing the functions described in 75-5-516(1).   History: En. Sec. 2, Ch. 507, L. 1993.
MT Code § 75-5-601 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-601. Cleanup orders

  75-5-601. Cleanup orders. (1) The department may issue an order to a person to clean up any material that the person or the person's employee, agent, or subcontractor has accidentally or purposely dumped, spilled, or otherwise deposited in or near state waters and that may pollute state waters.   (2) If a unit of state or local government, including but not limited to a local board of health, county commission, governing body of a municipality, or state agency, has granted a permit or license to a person to discharge waste or has otherwise authorized an activity that involves the placement of waste and the department has reason to believe that the waste is causing or is likely to cause pollution of state waters, the department may issue an order to the unit of state or local government to take measures to ensure that the wastes causing or likely to cause the pollution are cleaned up.   (3) The department may include in an order issued to a county commission pursuant to subsection (2) a request that the commission create a sewer district in the geographic area affected by the order for the purpose of establishing a public sewer system in accordance with the petition and election procedures provided by 7-13-2204 and 7-13-2208 through 7-13-2214.   History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(1)(f); amd. Sec. 1, Ch. 292, L. 1991; amd. Sec. 4, Ch. 297, L. 1995.
MT Code § 75-5-602 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-602. Power to require monitoring

  75-5-602. Power to require monitoring. In order to carry out the objectives of this chapter and to effectively monitor the discharge of sewage, industrial wastes, and other wastes into state waters, the department may require the owner or operator of any point source, or the owner or operator of any facility that discharges into a municipal sewage system and to which pretreatment standards promulgated under this chapter apply, to:   (1) establish and maintain records;   (2) make reports;   (3) install, use, and maintain monitoring equipment or methods, including biological monitoring techniques;   (4) sample effluents using specified monitoring methods at designated locations and intervals;   (5) provide other information as may be reasonably required by the department.   History: En. 69-4809.2 by Sec. 4, Ch. 506, L. 1973; amd. Sec. 7, Ch. 455, L. 1975; R.C.M. 1947, 69-4809.2(1).
MT Code § 75-5-603 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-603. Power to inspect

  75-5-603. Power to inspect. The authorized representative of the department, upon presentation of the representative's credentials, may at reasonable times enter upon any public or private property to:   (1) investigate conditions relating to pollution of state waters or violations of permit conditions;   (2) have access to and copy any records required under this chapter;   (3) inspect any monitoring equipment or method required under 75-5-602(3); and   (4) sample any effluents that the owner or operator of the source is required to sample under 75-5-602(4).   History: En. 69-4809.2 by Sec. 4, Ch. 506, L. 1973; amd. Sec. 7, Ch. 455, L. 1975; R.C.M. 1947, 69-4809.2(2); amd. Sec. 2495, Ch. 56, L. 2009.
MT Code § 75-5-604 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-604. Information obtained to relate to standards

  75-5-604. Information obtained to relate to standards. Any records, reports, or information obtained under 75-5-602 and 75-5-603 shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards.   History: En. 69-4809.2 by Sec. 4, Ch. 506, L. 1973; amd. Sec. 7, Ch. 455, L. 1975; R.C.M. 1947, 69-4809.2(3).
MT Code § 75-5-605 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-605. Prohibited activity -- exemption

  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 authorization 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.   History: En. Sec. 126, Ch. 197, L. 1967; amd. Sec. 5, Ch. 21, L. 1971; amd. Sec. 3, Ch. 455, L. 1975; amd. Sec. 2, Ch. 444, L. 1977; R.C.M. 1947, 69-4806; amd. Sec. 2, Ch. 337, L. 1993; amd. Sec. 4, Ch. 595, L. 1993; amd. Sec. 11, Ch. 497, L. 1995; amd. Sec. 2, Ch. 582, L. 1995; amd. Sec. 1, Ch. 460, L. 2003; amd. Sec. 3, Ch. 327, L. 2017.
MT Code § 75-5-606 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-606. through 75-5-609 reserved

  75-5-606 through 75-5-609 reserved.
MT Code § 75-5-610 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-610. Written undertaking

  75-5-610. Written undertaking. (1) Except as provided in subsection (2), if the person requesting a hearing under 75-5-611 is not the applicant or permittee of an energy development project, the district court shall require a written undertaking to be given by the party requesting the hearing for the payment of costs and damages incurred by the applicant or permittee if the request for judicial review was for an improper purpose designed to harass, cause unnecessary delay, or improperly interfere with the issuance of the permit without a reasonable basis in law or fact.   (2) The district court may not require a written undertaking if the party requesting the hearing is an indigent person.   History: En. Sec. 7, Ch. 445, L. 2009.
MT Code § 75-5-612 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-612. Additional sanctions authorized

  75-5-612. Additional sanctions authorized. In addition to all other remedies created by this chapter, the department is authorized to take appropriate enforcement action on its own initiative to prevent, abate, and control:   (1) the pollution of state waters;   (2) any violation of a condition or limitation imposed by a permit issued under 75-5-402(1); or   (3) any violation of rules relating to pretreatment standards.   History: En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; R.C.M. 1947, 69-4820.1(1).
MT Code § 75-5-613 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-613. Compliance orders

  75-5-613. Compliance orders. In furtherance of 75-5-612, a person violating a condition, limitation, standard, or other requirement established pursuant to this chapter may be served with a compliance order issued by the department. The order must specify the condition, limitation, standard, or other requirement violated and must set a time for compliance. However, in establishing a time for compliance, the department shall take into account the seriousness of the violation and any good faith efforts that have been made to comply with the condition, limitation, standard, or other requirement that has been violated. The compliance order issued under this section shall be served either personally by a person qualified to perform service under the Montana Rules of Civil Procedure or by certified mail.   History: En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; R.C.M. 1947, 69-4820.1(2).
MT Code § 75-5-614 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 6. Enforcement, Appeal, and Penalties|75-5-614. Injunctions authorized

  75-5-614. Injunctions authorized. (1) Except as provided in 81-9-240, the department is authorized to commence a civil action seeking appropriate relief, including a permanent or temporary injunction, for a violation that would be subject to a compliance order under 75-5-613. An action under this subsection may be commenced in the district court of the county where a violation occurs or is threatened, and the court has jurisdiction to restrain the violation and to require compliance.   (2) Except as provided in 81-9-240, the department may bring an action for an injunction against the continuation of an alleged violation of the terms or conditions of a permit issued by the department or any rule or effluent standard promulgated under this chapter or against a person who fails to comply with an emergency order issued by the department under 75-5-621 or a final order of the board. The court to which the department applies for an injunction may issue a temporary injunction if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.   History: (1)En. 69-4820.1 by Sec. 5, Ch. 506, L. 1973; amd. Sec. 9, Ch. 455, L. 1975; amd. Sec. 10, Ch. 140, L. 1977; amd. Sec. 4, Ch. 308, L. 1977; amd. Sec. 5, Ch. 444, L. 1977; Sec. 69-4820.1, R.C.M. 1947; (2)En. Sec. 19, Ch. 21, L. 1971; amd. Sec. 68, Ch. 349, L. 1974; amd. Sec. 12, Ch. 455, L. 1975; Sec. 69-4825, R.C.M. 1947; R.C.M. 1947, 69-4820.1(3), 69-4825; amd. Sec. 12, Ch. 497, L. 1995; amd. Sec. 5, Ch. 416, L. 2009.