reglab/housing_qa huggingface dataset:
MT Code § 75-10-227 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-227. Administrative enforcement

  75-10-227. Administrative enforcement. (1) When the department believes that a violation of part 1 or this part, a violation of a rule adopted under part 1 or this part, a violation of an order issued under this part, or a violation of a permit provision has occurred, it may serve written notice of the violation on the alleged violator or the violator's agent. The notice must specify the provision of law, rule, or permit alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time stated in the order, an order assessing an administrative penalty pursuant to 75-10-228, or both. The order becomes final unless, within 30 days after the notice is served, the person named requests in writing a hearing before the board. On receipt of the request, the board shall schedule a hearing. Service by mail is complete on the date of mailing.   (2) If, after a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or modify the department's order. An order issued by the department or by the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after a hearing, the board finds that a violation has not occurred, it shall rescind the department's order.   (3) Instead of issuing an order pursuant to subsection (1), the department may either:   (a) require the alleged violator to appear before the board for a hearing at a time and place specified in the notice and answer the charges; or   (b) initiate action under part 1 or this part.   (4) This section does not prevent the board or department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.   (5) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.   History: En. Sec. 8, Ch. 696, L. 1989; amd. Sec. 1, Ch. 443, L. 2005.
MT Code § 75-10-228 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-228. Civil penalties

  75-10-228. Civil penalties. (1) A person who violates a provision of this part, a rule adopted or an order issued under this part, or a license provision is subject to an administrative penalty not to exceed $250 or a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation.  (2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.   (3) Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.   (4) Fines and penalties collected under this section must be deposited in the solid waste management account provided for in 75-10-117.   History: En. Sec. 9, Ch. 696, L. 1989; (3)En. Sec. 2, Ch. 565, L. 1991; amd. Sec. 9, Ch. 443, L. 2005; amd. Sec. 33, Ch. 535, L. 2021.
MT Code § 75-10-229 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-229. and 75-10-230 reserved

  75-10-229 and 75-10-230 reserved.
MT Code § 75-10-231 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-231. Actions

  75-10-231. Actions. The department may, through the attorney general or appropriate county attorney, initiate and maintain in district court enforcement actions as provided in this part, including actions to collect a criminal penalty or to enjoin the transportation of solid waste or the operation of a solid waste management system that is in violation of this part or a rule adopted by the department or order issued as provided in this part.   History: En. Sec. 7, Ch. 35, L. 1965; amd. Sec. 3, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 8, Ch. 542, L. 1977; R.C.M. 1947, 69-4007(3); amd. Sec. 1, Ch. 97, L. 2007.
MT Code § 75-10-232 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-232. Penalty for violations

  75-10-232. Penalty for violations. (1) A person violating this part or regulations prescribed by the department under this part, except 75-10-212(2), is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $500.   (2) Each day upon which a violation occurs is a separate violation.   History: Ap. p. Sec. 9, Ch. 35, L. 1965; amd. Sec. 5, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 10, Ch. 542, L. 1977; Sec. 69-4009, R.C.M. 1947; Ap. p. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; Sec. 69-4519, R.C.M. 1947; R.C.M. 1947, 69-4009, 69-4519(3), (4); amd. Sec. 13, Ch. 68, L. 1979; amd. Sec. 7, Ch. 358, L. 1981.
MT Code § 75-10-233 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-233. Dumping penalty -- enforcement

  75-10-233. Dumping penalty -- enforcement. (1) A person found guilty of a violation of 75-10-212 shall be fined in the sum not exceeding $100 or imprisoned in the county jail for a period not exceeding 30 days, or both.   (2) A person found absolutely liable under 75-10-212 is subject to a civil penalty not to exceed $5,000.   (3) The provisions of 75-10-212 must be enforced by all highway patrol officers, sheriffs, and police officers and by all other enforcement agencies and officers of the state of Montana. In addition, game wardens have the right to enforce the provisions of 75-10-212 on public property and on private property where public recreation is permitted.   History: En. Sec. 11-110, Ch. 197, L. 1965; amd. Sec. 1, Ch. 112, L. 1969; R.C.M. 1947, 32-4410(2), (3); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 2, Ch. 461, L. 1991; amd. Sec. 2502, Ch. 56, L. 2009.
MT Code § 75-10-234 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-234. Liability -- defense and exclusions

  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.   History: En. Sec. 2, Ch. 159, L. 2013.
MT Code § 75-10-235 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-235. through 75-10-239 reserved

  75-10-235 through 75-10-239 reserved.
MT Code § 75-10-240 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-240. Disposal of coal combustion residues -- cost benefit analysis required

  75-10-240. Disposal of coal combustion residues -- cost benefit analysis required. (1) The department shall establish guidelines to compare costs and benefits of continued disposal of coal combustion residues at electrical generation facilities versus economical ways to reuse coal combustion residues.  (2) The guidelines must include requirements for promptly determining when a cost-benefit analysis under this section is appropriate and necessary.   (3) Proposals for analysis under this section must be consistent with the size and scope of the waste disposal options under consideration or at least demonstrate significant quantifiable environmental impacts, economic impacts, or both and meet other beneficial use requirements.   (4) An analysis under this section that favors a beneficial use must be transmitted to the governor. The governor may:   (a) approve the document and order the prompt execution of the proposal;   (b) return the document to the department for suggested revisions and resubmission to the governor; or   (c) deny the proposal.   History: En. Sec. 3, Ch. 553, L. 2021.
MT Code § 75-10-241 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-241. through 75-10-249 reserved

  75-10-241 through 75-10-249 reserved.
MT Code § 75-10-250 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act|75-10-250. Baled waste tires prohibited -- exception -- department rules

  75-10-250. Baled waste tires prohibited -- exception -- department rules. (1) Waste tires that are mechanically compressed or baled and bound together with cable, straps, wires, or other nonpermanent mechanical devices may not be used for any aboveground purpose within 500 feet of any road, commercial business, or private residence without the consent of the owner of the business or residence unless they are encased in a material that will maintain the integrity of the bale upon failure of the bale restraining devices. Notwithstanding any other provision of law, the department shall adopt rules authorizing other aboveground uses for baled waste tires, whether or not they are defined as solid waste.   (2) Baled waste tires, as described in subsection (1), may not be placed under water under any circumstances or in a location where they are likely to enter any state waters.   (3) A bale of waste tires that loses its integrity is solid waste and is subject to disposal requirements and penalties as provided in this part.   History: En. Sec. 1, Ch. 580, L. 2003.
MT Code § 75-10-301 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 3. Detachable Beverage Container Openers|75-10-301. Definitions

  75-10-301. Definitions. As used in 75-10-302, the following definitions apply:   (1) "Beverage" means beer or other malt beverage, mineral water, soda water, tea, or carbonated soft drink in liquid form and intended for human consumption.   (2) "Container" means an individual, separate, sealed metal can containing a beverage.   History: En. Sec. 1, Ch. 185, L. 1981.
MT Code § 75-10-302 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 3. Detachable Beverage Container Openers|75-10-302. Detachable opening prohibited

  75-10-302. Detachable opening prohibited. No person may sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable when opening the container.   History: En. Sec. 2, Ch. 185, L. 1981.
MT Code § 75-10-303 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 3. Detachable Beverage Container Openers|75-10-303. Violations -- penalty

  75-10-303. Violations -- penalty. A violation of 75-10-302 is a misdemeanor and is punishable as provided in 46-18-212. Each day on which a violation occurs is a separate offense.   History: En. Sec. 3, Ch. 185, L. 1981.
MT Code § 75-10-401 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-401. Short title

  75-10-401. Short title. This part shall be known and may be cited as the "Montana Hazardous Waste Act".   History: En. Sec. 8, Ch. 358, L. 1981; amd. Sec. 1, Ch. 384, L. 1989; amd. Sec. 17, Ch. 112, L. 1997.
MT Code § 75-10-402 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-402. Intent, findings, and purpose

  75-10-402. Intent, findings, and purpose. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Hazardous Waste Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.   (2) The legislature finds that the safe and proper management of hazardous wastes and used oil, the permitting of hazardous waste facilities, and the siting of facilities are matters for statewide regulation and are environmental issues that should properly be addressed and controlled by the state rather than by the federal government.   (3) It is the purpose of this part and it is the policy of this state to protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous wastes and used oil; to establish a program of regulation over used oil and the generation, storage, transportation, treatment, and disposal of hazardous wastes; to ensure the safe and adequate management of hazardous wastes and used oil within this state; and to authorize the department to adopt, administer, and enforce a hazardous waste program pursuant to the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended.   History: En. Sec. 9, Ch. 358, L. 1981; amd. Sec. 2, Ch. 384, L. 1989; amd. Sec. 1, Ch. 386, L. 1989; amd. Sec. 1, Ch. 28, L. 1995; amd. Sec. 18, Ch. 112, L. 1997; amd. Sec. 14, Ch. 361, L. 2003.
MT Code § 75-10-404 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-404. Powers of department

  75-10-404. 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) conduct and publish studies on hazardous wastes and hazardous waste management;   (c) initiate, conduct, and support research, demonstration projects, and investigation, as its resources may allow, and coordinate state agency research programs pertaining to hazardous waste management;   (d) accept and administer grants from the federal government and from other sources, public and private; and   (e) 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 hazardous waste.   (2) The department shall integrate all provisions of this part with other laws administered by the department to avoid unnecessary duplication. Furthermore, the department shall coordinate its activities under this part with the program administered by the department of agriculture under the Montana Pesticides Act, the programs administered by the department of environmental quality related to mining and mine reclamation, the program administered by the department of public service regulation related to hazardous material transportation, and provisions of the Montana Major Facility Siting Act. The integration and coordination must be effected only to the extent that it can be done in a manner consistent with the goals and policies of this part and the other laws referred to in this section.   History: En. Sec. 11, Ch. 358, L. 1981; amd. Sec. 2, Ch. 386, L. 1989; amd. Sec. 195, Ch. 418, L. 1995; amd. Sec. 20, Ch. 112, L. 1997.
MT Code § 75-10-407 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-407. Concurrent permit and major facility siting decisions

  75-10-407. Concurrent permit and major facility siting decisions. If it is determined that an application for a certificate under the Montana Major Facility Siting Act, Title 75, chapter 20, will result in the generation, transportation, storage, or disposal of hazardous wastes as defined in 75-10-403, the department shall conduct its review under the provisions of this part concurrently with the studies of air and water quality conducted under the provisions of the Montana Major Facility Siting Act. A decision to grant or deny a permit for the treatment, storage, or disposal of hazardous wastes under the provisions of 75-10-406 is appealable concurrently with and subject to the same procedures established for the appeal of the department's air and water quality certification decision under the Montana Major Facility Siting Act. If the initial permit has been granted as specified in this section, all renewals or modifications of a permit or enforcement actions concerning alleged violations of the permit and the provisions of this part shall be conducted pursuant to the procedures and enforcement provisions established in this part.   History: En. Sec. 14, Ch. 358, L. 1981.
MT Code § 75-10-408 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-408. Variances -- renewals

  75-10-408. Variances -- renewals. (1) A person who is a generator or transporter of hazardous wastes or who owns or operates a hazardous waste management facility may apply to the board for a variance or partial variance from the application of or compliance with any requirement of this part or any rule adopted under this part. The board may grant a variance or partial variance if it finds that:   (a) the applicant's actions or proposed actions regarding generation, transportation, treatment, storage, or disposal of hazardous wastes do not constitute a danger to public health or safety or cause substantially adverse environmental effects; and   (b) the application of or compliance with the requirement or rule would produce unreasonable hardship without equal or greater benefits to the public.   (2) No variance or partial variance may be granted except after public hearing on due notice and until the board has considered the relative interests of the applicant, other persons specifically affected, and the general public.   (3) No variance or partial variance may be granted for a period to exceed 1 year, but the variance or partial variance may be renewed for like periods if no complaint is made to the board because of it or if, after the complaint has been made and duly considered at a public hearing held by the board on due notice, the board finds that renewal is justified. No renewal may be granted except on application therefor. An application for renewal shall be made in the manner and upon such notice as specified in rules promulgated under this part. A renewal pursuant to this subsection shall be on the same grounds and subject to the same limitations and requirements as provided in subsection (1).   (4) A variance, partial variance, or renewal thereof is not a right of the applicant or holder thereof but shall be granted at the discretion of the board. However, a person adversely affected by a variance, partial variance, or renewal granted by the board may obtain judicial review thereof as provided by the judicial review of contested case provisions of the Montana Administrative Procedure Act.   (5) Nothing in this section and no variance, partial variance, or renewal granted pursuant to this section may be construed to prevent or limit the application of the emergency provisions and procedures of 75-10-415.   (6) Under no conditions may a variance be granted by the board that would result in a less stringent requirement or degree of control than would be imposed by the applicable federal regulations adopted under the federal Resource Conservation and Recovery Act.   History: En. Sec. 15, Ch. 358, L. 1981.
MT Code § 75-10-409 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-409. Compliance monitoring and reporting

  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.   History: En. Sec. 16, Ch. 358, L. 1981; amd. Sec. 3, Ch. 633, L. 1985; amd. Sec. 22, Ch. 112, L. 1997.