reglab/housing_qa huggingface dataset:
MT Code § 75-7-213 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-213. Variance procedure

  75-7-213. Variance procedure. A governing body which proposes to grant a variance from its regulations under this part shall first prepare an environmental impact statement, at the expense of the applicant, which conforms to the requirements of regulations adopted pursuant to this part, distribute this statement to interested residents, and conduct a public hearing on the proposed action.   History: En. 89-3707 by Sec. 7, Ch. 527, L. 1975; R.C.M. 1947, 89-3707.
MT Code § 75-7-214 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-214. Cooperation between governing bodies

  75-7-214. Cooperation between governing bodies. If a lake, as defined by this part, is located under the jurisdiction of more than one governing body, the governing bodies are empowered and encouraged to enter into agreements to effectuate the purposes of this part and establish compatible criteria for denial or issuance of permits.   History: En. 89-3709 by Sec. 9, Ch. 527, L. 1975; R.C.M. 1947, 89-3709.
MT Code § 75-7-215 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-215. Judicial enforcement and review

  75-7-215. Judicial enforcement and review. The district court may hear and decide the following cases arising under this part within the district:   (1) a complaint and petition of a governing body or an interested person for an order to restore a lake to its previous condition or to enjoin further work in a lake;   (2) a petition of an interested person for review of a final action of a governing body upon an application for a permit;   (3) a petition of an interested person for review of an action of a governing body in adopting or amending regulations.   History: En. 89-3710 by Sec. 10, Ch. 527, L. 1975; R.C.M. 1947, 89-3710.
MT Code § 75-7-216 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-216. Penalty

  75-7-216. Penalty. (1) A person who violates an order issued under this part or who knowingly violates a regulation made under this part commits a misdemeanor and on conviction may be sentenced to 30 days in the county jail or fined $500, or both.   (2) Fines collected under this section, except those collected in a justice's court, shall be paid to the general fund of the county where the offense was committed for the purpose of administering this part.   History: En. 89-3711 by Sec. 11, Ch. 527, L. 1975; R.C.M. 1947, 89-3711; amd. Sec. 44, Ch. 557, L. 1987.
MT Code § 75-7-217 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 2. Lakeshores|75-7-217. Funding

  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.   History: En. 89-3712 by Sec. 12, Ch. 527, L. 1975; R.C.M. 1947, 89-3712.
MT Code § 75-7-301 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-301. Short title

  75-7-301. Short title. This part may be cited as the "Flathead Basin Commission Act of 1983".   History: En. Sec. 1, Ch. 424, L. 1983.
MT Code § 75-7-302 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-302. Purpose

  75-7-302. Purpose. The purpose of the Flathead basin commission is to protect the existing high quality of the Flathead Lake aquatic environment; the waters that flow into, out of, or are tributary to the lake; and the natural resources and environment of the Flathead basin.   History: En. Sec. 2, Ch. 424, L. 1983.
MT Code § 75-7-303 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-303. Definitions

  75-7-303. Definitions. As used in this part, the following definitions apply:   (1) "Aquatic resources" means all beneficial uses of water, including but not limited to water quality and water supply; recreational, scenic, and aesthetic values; and fish, wildlife, and other organisms.   (2) "Commission" means the Flathead basin commission established in 2-15-3330.   (3) "Flathead basin" means all land and water areas the water from which drains into Flathead Lake or its tributaries.   History: En. Sec. 3, Ch. 424, L. 1983; amd. Sec. 2, Ch. 537, L. 2003.
MT Code § 75-7-304 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-304. Duties of the commission

  75-7-304. Duties of the commission. Duties of the commission are:   (1) to monitor the existing condition of natural resources in the basin and coordinate development of an annual monitoring plan. This plan must involve a cooperative strategy among all land and water management agencies within the Flathead basin and identify proposed and needed monitoring which emphasizes but is not limited to the aquatic resources of the Flathead basin.   (2) to encourage close cooperation and coordination between federal, state, provincial, tribal, and local resource managers for establishment of compatible resource development standards, comprehensive monitoring, and data collection and interpretation;   (3) to encourage and work for international cooperation and coordination between the state of Montana and the Province of British Columbia concerning the undertaking of natural resource monitoring and use of consistent standards for management of resource development activities throughout the North Fork Flathead River drainage portion of the Flathead basin;   (4) to encourage economic development and use of the basin's resources to their fullest extent without compromising the present high quality of the Flathead basin's aquatic environment;   (5) to, in the discretion of the commission, undertake investigations of resource utilization and hold public hearings concerning the condition of Flathead Lake and Flathead basin;   (6) to submit to the governor and, as provided in 5-11-210, to the legislature a biennial report that includes:   (a) a summary of information gathered in fulfillment of its duties under this section;   (b) information on monitoring activities within the Flathead basin concerning the condition of the basin's natural resources, with particular emphasis on Flathead Lake;   (c) the identification of land use and land development trends in the Flathead basin;   (d) any recommendations the commission considers appropriate for fulfillment of its duties and for continued preservation of the Flathead basin in the present high quality of its aquatic resources; and   (e) an accounting of all money received and expended, by source and purpose, for the period since the last report; and   (7) to meet at least semiannually within the Flathead basin, alternating the meeting site between the cities of Kalispell and Polson.   History: En. Sec. 7, Ch. 424, L. 1983; amd. Sec. 49, Ch. 112, L. 1991.
MT Code § 75-7-305 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-305. Commission authority

  75-7-305. Commission authority. (1) The commission may make recommendations to the legislature and the governor and to federal, tribal, provincial, and local agencies for maintenance and enhancement of the quality of natural resources of the Flathead basin.   (2) The commission may receive and expend donations, gifts, grants, and other money necessary to fulfill its duties.   History: En. Sec. 8, Ch. 424, L. 1983; amd. Sec. 1, Ch. 244, L. 1985; amd. Sec. 9, Ch. 628, L. 1989.
MT Code § 75-7-306 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-306. Repealed

  75-7-306. Repealed. Sec. 3, Ch. 243, L. 1999.   History: En. Sec. 9, Ch. 424, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 7, Ch. 700, L. 1989.
MT Code § 75-7-307 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-307. Special county government authority

  75-7-307. Special county government authority. The governing body of any county within or bordering upon the Flathead basin may allocate to the Flathead basin commission a portion of any money available from coal severance tax allocations or other sources and designated for planning activities.   History: En. Sec. 10, Ch. 424, L. 1983.
MT Code § 75-7-308 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 3. Flathead Basin Commission|75-7-308. Cooperation with other agencies and organizations

  75-7-308. Cooperation with other agencies and organizations. To fulfill its duties, the commission shall develop and maintain cooperative programs with federal, state, provincial, tribal, and local agencies or organizations that are responsible for natural resource management and monitoring in the Flathead basin. Participating federal and provincial agencies must be requested to provide adequate funds to participate on the commission and to monitor resources within their areas of responsibility.   History: En. Sec. 11, Ch. 424, L. 1983.
MT Code § 75-7-401 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 4. Phosphorus Compounds -- Model Rule|75-7-401. Adoption and amendment of model rule on sale and distribution of certain phosphorus compounds

  75-7-401. Adoption and amendment of model rule on sale and distribution of certain phosphorus compounds. (1) The department of environmental quality shall adopt a model rule to provide standards that counties may adopt under 75-7-411 to prohibit the sale and distribution of certain phosphorus compounds used for cleaning.   (2) The standards in the model rule must be designed to protect water quality and aquatic ecosystems by reducing the amount of phosphorus that will enter state waters.   (3) The department may amend the model rule to:   (a) reflect changing technology related to phosphorus compounds in cleaning products;   (b) incorporate new findings about the impacts of phosphorus compounds on water quality; or   (c) respond to other relevant information.   (4) The department shall follow the procedures of Title 2, chapter 4, part 3, in adopting or amending the model rule.   History: En. Sec. 1, Ch. 574, L. 1985; amd. Sec. 190, Ch. 418, L. 1995.
MT Code § 75-7-402 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 4. Phosphorus Compounds -- Model Rule|75-7-402. Distribution of model rule

  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.   History: En. Sec. 3, Ch. 574, L. 1985.
MT Code § 75-7-403 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 4. Phosphorus Compounds -- Model Rule|75-7-403. Prohibition of enforcement by department

  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.   History: En. Sec. 2, Ch. 574, L. 1985.
MT Code § 75-7-404 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 4. Phosphorus Compounds -- Model Rule|75-7-404. through 75-7-410 reserved

  75-7-404 through 75-7-410 reserved.
MT Code § 75-7-411 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 4. Phosphorus Compounds -- Model Rule|75-7-411. County regulation of sale and distribution of certain phosphorus compounds

  75-7-411. County regulation of sale and distribution of certain phosphorus compounds. (1) The governing body of a county may adopt, through the procedures of 7-5-103 through 7-5-107, an ordinance prohibiting the sale and distribution of certain phosphorus compounds used for cleaning purposes. The governing body may rescind, modify, or repeal the ordinance at any time by use of the same procedures.   (2) An ordinance prohibiting the sale and distribution of certain phosphorus compounds used for cleaning purposes may be adopted only if:   (a) the county has a natural lake, whether or not it is fitted with a dam, for which the department of environmental quality or the governing body of the county has determined that eutrophication enhanced by human activity is occurring and that phosphorus is the limiting factor; and   (b) other efforts are being undertaken in the county to reduce the amount of phosphorus entering surface waters.   (3) Any ordinance adopted by the governing body of a county must contain standards designated by the model rule adopted by the department of environmental quality under 75-7-401 and in effect at the time of the adoption of the county ordinance.   (4) Any ordinance adopted by the governing body of a county must be enforced by the county.   (5) The provisions of this part do not apply to counties where the sale of phosphorus-containing household cleaning products is banned pursuant to 75-5-904 and 75-5-905.   History: En. Sec. 4, Ch. 574, L. 1985; amd. Sec. 191, Ch. 418, L. 1995; amd. Sec. 6, Ch. 245, L. 2009.
MT Code § 75-7-412 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 7. Aquatic Ecosystem Protections|Part 4. Phosphorus Compounds -- Model Rule|75-7-412. Penalty

  75-7-412. Penalty. (1) A person involved in the sale or commercial distribution of any phosphorus compound prohibited by an ordinance adopted under 75-7-411 must be notified by the county and must be given 30 days from receipt of such notice to comply with the ordinance. Failure to comply with the ordinance following this 30-day period is a misdemeanor. Each day of violation is a separate offense.   (2) The penalty provided for in subsection (1) applies only to persons engaged in the sale or commercial distribution of prohibited phosphorus compounds. The county may not prosecute or otherwise penalize a person for using a phosphorus compound regulated by an ordinance adopted under 75-7-411.   History: En. Sec. 5, Ch. 574, L. 1985.
MT Code § 75-8-101 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 8. Coal-Fired Generating Unit Remediation|Part 1. Coal-Fired Generating Unit Remediation Act|75-8-101. Short title

  75-8-101. Short title. This part may be cited as the "Coal-Fired Generating Unit Remediation Act".   History: En. Sec. 1, Ch. 320, L. 2017.
MT Code § 75-8-102 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 8. Coal-Fired Generating Unit Remediation|Part 1. Coal-Fired Generating Unit Remediation Act|75-8-102. Findings -- intent

  75-8-102. Findings -- intent. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Coal-Fired Generating Unit Remediation Act.   (2) It is the legislature's intent that the requirements of this part ensure that appropriate remedies are in place when a coal-fired generating unit is retired to ensure the protection of the environmental life support systems from degradation and to provide adequate remedies to prevent unreasonable degradation of natural resources.   History: En. Sec. 2, Ch. 320, L. 2017.
MT Code § 75-8-104 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 8. Coal-Fired Generating Unit Remediation|Part 1. Coal-Fired Generating Unit Remediation Act|75-8-104. Integration -- construction in event of conflict

  75-8-104. Integration -- construction in event of conflict. (1) To avoid unnecessary duplication, the department shall integrate the provisions of this part with applicable legal obligations.   (2) If this part or any action taken by the department in accordance with this part conflicts with applicable legal obligations, the applicable legal obligations supersede the provisions of this part.   History: En. Sec. 4, Ch. 320, L. 2017.
MT Code § 75-8-105 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 8. Coal-Fired Generating Unit Remediation|Part 1. Coal-Fired Generating Unit Remediation Act|75-8-105. Remediation plan

  75-8-105. Remediation plan. (1) No later than 3 months after a coal-fired generating unit is retired and no earlier than 5 years prior to a coal-fired generating unit's planned retirement, an owner shall submit a proposed remediation plan that contains:   (a) the name of the operator of the coal-fired generating unit and the names and addresses of all owners of the coal-fired generating unit;   (b) a general overview of the site where the unit is located, the unit itself, and affected property;   (c) the current and reasonably anticipated future uses of affected property; and   (d) remediation information, including:   (i) a list of reports, studies, or other evaluations related to remediation and specific remediation measures already completed or under way pursuant to any applicable legal obligation; and   (ii) the manner in which the remediation measures satisfy the requirements of 75-8-107 and a description of how the owner will comply.   (2) (a) If a coal-fired generating unit has more than one owner, the owners may jointly submit a remediation plan in accordance with this part.   (b) If the owners are unable to submit a joint plan, then each owner of the coal-fired generating unit that is being retired or is retired is responsible for meeting the requirements of this part. If separate plans are filed, the department shall ensure that the plans detail legal obligations. If there is a conflict in the plans, the department shall reconcile the conflict to ensure that the plans are consistent with existing law and legal obligations.   (3) A plan required pursuant to subsection (1) may consist of a plan for more than one unit that is retired at the same time and planned for simultaneous remediation.   (4) The filing of a plan is not a commitment to retire a coal-fired generating unit on any particular date that is not otherwise required by an applicable legal obligation.   History: En. Sec. 5, Ch. 320, L. 2017.
MT Code § 75-8-107 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 8. Coal-Fired Generating Unit Remediation|Part 1. Coal-Fired Generating Unit Remediation Act|75-8-107. Degree of cleanup required -- labor requirements

  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.   History: En. Sec. 7, Ch. 320, L. 2017; amd. Sec. 1, Ch. 262, L. 2019.
MT Code § 75-8-108 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 8. Coal-Fired Generating Unit Remediation|Part 1. Coal-Fired Generating Unit Remediation Act|75-8-108. Remediation plan -- appeal -- venue

  75-8-108. Remediation plan -- appeal -- venue. (1) (a) Subject to subsection (1)(b), an owner or any person whose interests are or may be materially adversely affected by a final decision of the department to approve or modify a remediation plan under this part may file for judicial review of the department's decision. The request for judicial review and a statement of the basis for the review must be filed with the court within 30 days of the department's decision.   (b) In order for a person to file a request for review under subsection (1)(a), a person must have either submitted comments to the department on a remediation plan or submitted comments at a public meeting held in accordance with 75-8-106(5), or the person must be challenging a change made by the department between the draft and final plan.   (2) An owner may appeal the department's decision on a plan by submitting a request for judicial review. The request for judicial review and the statement of the basis for the review must be filed with the court within 30 days of the department's decision.   (3) In considering a request for review under this part, the court shall uphold the decision made by the department unless the objecting person can demonstrate, on the administrative record, that the department's decision was arbitrary and capricious or otherwise not in accordance with the law.   (4) A petition for judicial review under this section must be brought in the first judicial district, Lewis and Clark County.   History: En. Sec. 8, Ch. 320, L. 2017.
MT Code § 75-8-109 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 8. Coal-Fired Generating Unit Remediation|Part 1. Coal-Fired Generating Unit Remediation Act|75-8-109. Enforcement of plan -- penalty

  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.   History: En. Sec. 9, Ch. 320, L. 2017.