reglab/housing_qa huggingface dataset:
MT Code § 10-3-1214 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 12. Response to Hazardous Material Incidents|10-3-1214. Right to reimbursement

  10-3-1214. Right to reimbursement. (1) State hazardous material incident response team members may submit claims to the commission for reimbursement of documented costs incurred as a result of the team's response to an incident. Reimbursement for the costs may not exceed the duration of response.   (2) A party who is not a part of the state hazardous material incident response team and is not liable under federal or state law may submit a claim to the commission for costs if the claim is associated with a request by the state hazardous material incident response team or the commission.   (3) Claims for reimbursement must be submitted to the commission within 60 days after termination of the response to the incident for the state's determination of payment, if any.   (4) Reimbursement may be made only after the commission finds that the actions by the applicant were taken in response to an incident as defined in this part and only if adequate funds are available.   History: En. Sec. 10, Ch. 270, L. 1995.
MT Code § 10-3-1215 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 12. Response to Hazardous Material Incidents|10-3-1215. Deficiency warrants for reimbursement of response costs

  10-3-1215. Deficiency warrants for reimbursement of response costs. (1) (a) The commission shall review all claims for reimbursement and make recommendations to the governor as to payment or nonpayment of the claims within 90 days of receipt. The governor may authorize the issuance of warrants to be paid from the environmental contingency account provided for in 75-1-1101 to the limit of the fund balance for the purpose of reimbursing reasonable and documented costs associated with emergency actions taken pursuant to this part.   (b) The costs of routine firefighting procedures are not reimbursable costs under this part.   (2) Reimbursement must be in accordance with the schedule defined in the plan.   (3) The decision of the governor is final and nonappealable.   (4) This section may not be construed to change or impair any right of recovery or subrogation arising under any other provision of law.   History: En. Sec. 11, Ch. 270, L. 1995.
MT Code § 10-3-1216 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 12. Response to Hazardous Material Incidents|10-3-1216. Cost recovery and civil remedies

  10-3-1216. Cost recovery and civil remedies. (1) Cost recovery is the duty of the city or county having authority where an incident occurred.   (2) The commission shall ensure the recovery of state expenditures according to the plan.   (3) A person responsible for an incident is liable for attorney fees and costs of the commission incurred in recovering costs associated with responding to an incident.   (4) The remedy for the recovery of emergency response costs identified in this part is in addition to any other remedy for recovery of the costs provided by applicable federal or state law.   (5) Any person who receives compensation for the emergency response costs pursuant to any other federal or state law is precluded from recovering compensation for those costs pursuant to this chapter.   (6) Except for the commission, the state hazardous material incident response team, and the local emergency response authority, this part does not otherwise affect or modify in any way the obligations or liability of any person under any other provision of state or federal law, including common law, for damages, injury, or loss resulting from the release or threatened release of any hazardous material or for remedial action or the costs of remedial action for a release or threatened release.   (7) Any person who is not a liable party under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended, or the Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7, and who renders assistance in response to an emergency situation associated with an incident may file a civil action against the responsible party for recoverable costs that have not been reimbursed by the state.   (8) Recoveries by the state for reimbursed costs under this section must be deposited in the environmental contingency account to offset amounts paid as reimbursement.   History: En. Sec. 12, Ch. 270, L. 1995; amd. Sec. 3, Ch. 520, L. 1999; amd. Sec. 2, Ch. 153, L. 2011.
MT Code § 10-3-1217 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 12. Response to Hazardous Material Incidents|10-3-1217. Liability of persons and response team members rendering assistance

  10-3-1217. Liability of persons and response team members rendering assistance. (1) The following are not liable under this part for injuries, costs, damages, expenses, or other liabilities resulting from the release or threatened release or remedial action resulting from the release or threatened release of a hazardous material:   (a) the state or a political subdivision of the state;   (b) the commission;   (c) the local emergency response authority;   (d) the state hazardous material incident response team;   (e) a private emergency response team dispatched by the state, a political subdivision of the state, or a local or tribal emergency response authority for emergency response activities; and   (f) an employee, representative, or agent of any of the entities listed in subsections (1)(a) through (1)(e), except for willful misconduct or gross negligence.   (2) The immunity includes but is not limited to indemnification, contribution, or third-party claims for wrongful death, personal injury, illness, loss or damages to property, or economic loss.   (3) A person becomes a member of the state hazardous material incident response team when the person is contacted, dispatched, or requested for response regardless of the person's location.   History: En. Sec. 13, Ch. 270, L. 1995; amd. Sec. 4, Ch. 520, L. 1999; amd. Sec. 1, Ch. 517, L. 2003.
MT Code § 10-3-1218 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 12. Response to Hazardous Material Incidents|10-3-1218. Required assistance in hazardous material incident

  10-3-1218. Required assistance in hazardous material incident. An owner or agent of the owner of a hazardous material involved in an incident, a person causing an incident, a person transporting a hazardous material involved in an incident, and a person owning or occupying property involved in an incident shall assist the state as requested by the incident commander in responding to an emergency situation associated with the incident as may be necessary to address an acute threat to public health or safety or to the environment until the incident commander declares that the emergency situation is over.   History: En. Sec. 14, Ch. 270, L. 1995.
MT Code § 10-3-1301 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1301. Short title

  10-3-1301. Short title. This part may be cited as the "Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act".   History: En. Sec. 1, Ch. 560, L. 2003.
MT Code § 10-3-1302 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1302. Purpose

  10-3-1302. Purpose. The purpose of this part is to enhance the safety of Montana's citizens by requiring a special permit, inspections, and monitoring of shipments of high-level radioactive waste and transuranic waste that travel through Montana by motor carrier or railroad.   History: En. Sec. 2, Ch. 560, L. 2003.
MT Code § 10-3-1303 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1303. Definitions

  10-3-1303. Definitions. As used in this part, the following definitions apply:   (1) "High-level radioactive waste" means:   (a) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from the liquid waste that contains fission products in sufficient concentrations;   (b) irradiated reactor fuel; or   (c) other highly radioactive waste material that the U.S. nuclear regulatory commission has determined by rule requires permanent isolation.   (2) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.   (3) "Transuranic waste" means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram or in other concentrations that the U.S. nuclear regulatory commission may prescribe.   History: En. Sec. 3, Ch. 560, L. 2003.
MT Code § 10-3-1304 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1304. Radioactive waste transportation monitoring, emergency response, and training account -- purpose -- disbursement

  10-3-1304. Radioactive waste transportation monitoring, emergency response, and training account -- purpose -- disbursement. (1) There is an account in the state special revenue fund to be known as the radioactive waste transportation monitoring, emergency response, and training account administered by the disaster and emergency services division of the department of military affairs.   (2) The money deposited into this account by the department of transportation pursuant to 10-3-1307 may be used only for the following purposes:   (a) to reimburse the highway patrol for expenses incurred in monitoring or providing escorts for motor carriers transporting high-level radioactive waste or transuranic waste through the state;   (b) to provide funding for training local emergency response personnel in handling radioactive waste accidents, spills, and other related emergencies; and   (c) to reimburse local emergency response entities for costs incurred in the event that an accident, spill, or other related emergency occurs.   (3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department of military affairs for the purposes described in subsection (2). (Subsection (3) terminates September 30, 2025--sec. 4, Ch. 122, L. 2017.)   History: En. Sec. 4, Ch. 560, L. 2003; amd. Sec. 14, Ch. 2, L. 2009; amd. Sec. 1, Ch. 122, L. 2017.
MT Code § 10-3-1305 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1305. Responsibilities of owner

  10-3-1305. Responsibilities of owner. (1) Prior to shipping high-level radioactive waste or transuranic waste through the state, an owner and the originating shipper if not the owner shall provide to the transporter and to the disaster and emergency services division, within limits set by the regulating federal authority:   (a) a shipment description, including type of waste;   (b) a safety plan, which must be submitted to the disaster and emergency services division and which must include:   (i) the specifications of casks being used to transport the radioactive waste, including how the casks have been tested and certified;   (ii) proof of training of an owner's escorts for emergency situations, including accidents;   (iii) the intended route;   (iv) all safety precautions to be taken to prevent an accident; and   (v) emergency plans for threats to safety;   (c) proof of insurance or an indemnity bond. If the owner and the originating shipper if not the owner is covered by a federal insurance program for the transport of radioactive material, proof of coverage by that program is sufficient. If a federal insurance program does not cover the owner, the owner shall provide proof of a bond or indemnity insurance coverage as required by the regulating federal authority.   (d) proof of a radiotelephone or other working, two-way voice communications device approved by the nuclear regulatory commission for the main transporter and for each escort vehicle.   (2) An owner or the originating shipper if not the owner may not transport through the state any high-level radioactive waste or transuranic waste that is not properly sealed in a cask approved by the regulating federal authority.   History: En. Sec. 5, Ch. 560, L. 2003.
MT Code § 10-3-1306 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1306. Transportation of radioactive waste through state -- notification -- responsibilities of division

  10-3-1306. Transportation of radioactive waste through state -- notification -- responsibilities of division. (1) A person or entity may not ship high-level radioactive waste or transuranic waste through the state by rail or motor carrier unless the person or entity first notifies the disaster and emergency services division and the department of transportation, pays the appropriate fees, and obtains a permit.   (2) Upon receiving the notification required under subsection (1), the disaster and emergency services division shall notify the highway patrol, the public service commission, or other agencies as appropriate.   (3) The disaster and emergency services division shall reimburse the highway patrol for expenses incurred in monitoring or escorting motor carriers, as provided in 10-3-1308, from money collected in the radioactive waste transportation monitoring, emergency response, and training account created in 10-3-1304.   History: En. Sec. 6, Ch. 560, L. 2003.
MT Code § 10-3-1307 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1307. Responsibilities of department of transportation -- assessment and collection of fees -- issuance of permits -- inspection of motor carriers

  10-3-1307. Responsibilities of department of transportation -- assessment and collection of fees -- issuance of permits -- inspection of motor carriers. (1) After receiving notification from the person or entity that plans to ship high-level radioactive waste or transuranic waste through the state, the department of transportation shall assess fees according to the following schedule:   (a) a fee of $2,500 must be assessed for each cask designed for transport by truck; and   (b) a fee of $4,500 must be assessed for the first cask designed for transport by rail and a fee of $3,000 for each additional cask designed for transport by rail that is shipped by the same person or entity in the same shipment.   (2) Payment of the fees provided in subsection (1) is the responsibility of the person or entity who owns the waste.   (3) Upon receipt of the fees provided in subsection (1), the department of transportation shall issue to the owner of the waste a permit that must be carried with the waste as it is traveling through the state.   (4) The department of transportation shall deposit all of the fees collected under this section in the radioactive waste transportation monitoring, emergency response, and training account created in 10-3-1304.   (5) If the waste is to be transported through the state by motor carrier, the department of transportation shall coordinate with the highway patrol on the inspection of the motor carrier by the motor carrier services division.   (6) This section does not exempt the operator of a motor carrier from any of the provisions of Title 61, chapter 10, from Title 69, chapter 12, or from any other law that applies to the operation of motor vehicles in Montana.   (7) Fees under this section must be assessed regardless of ownership, and 61-3-321(14) and 61-10-127 do not apply.   History: En. Sec. 7, Ch. 560, L. 2003; amd. Sec. 8, Ch. 596, L. 2005; amd. Sec. 3, Ch. 209, L. 2011; amd. Sec. 2, Ch. 247, L. 2011.
MT Code § 10-3-1308 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1308. Responsibilities of highway patrol -- monitoring of motor carriers -- billing

  10-3-1308. Responsibilities of highway patrol -- monitoring of motor carriers -- billing. (1) After receiving notification from the disaster and emergency services division that a motor carrier will be transporting high-level radioactive waste or transuranic waste through the state, the highway patrol shall establish a plan for monitoring the shipment.   (2) Monitoring a shipment by motor carrier may include escorting the vehicle through the state, establishing checkpoints, shadowing the vehicle, electronically following the vehicle's movements, or any other method determined by the highway patrol to be effective and safe.   (3) The highway patrol shall coordinate inspection of the motor carrier with the department of transportation's motor carrier services division.   (4) The highway patrol shall determine the cost that it has incurred in monitoring each motor carrier and shall submit a bill for reimbursement to the disaster and emergency services division for payment out of the account established in 10-3-1304(1).   (5) The routing of the transport by motor carrier of high-level radioactive waste and transuranic waste must be determined by the department of transportation and the appropriate regulating federal authority.   History: En. Sec. 8, Ch. 560, L. 2003; amd. Sec. 3, Ch. 19, L. 2011.
MT Code § 10-3-1309 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1309. Responsibilities of public service commission -- inspection of rails and trains -- agreements with neighboring states and provinces -- rulemaking

  10-3-1309. Responsibilities of public service commission -- inspection of rails and trains -- agreements with neighboring states and provinces -- rulemaking. (1) After receiving notification from the disaster and emergency services division that high-level radioactive waste or transuranic waste will be shipped by railroad through the state, the public service commission shall establish a plan for inspecting the rails and the trains, as authorized in Title 69, chapter 14, that will be involved in the transportation of the waste. The plan must include but is not limited to:   (a) coordination with the federal railroad administration on track and rolling stock inspections;   (b) inspection and approval by a federally certified inspector no later than 1 week prior to shipment; and   (c) a requirement that trains carrying radioactive waste or transuranic waste may not travel at greater than the speed required by federal regulations.   (2) The public service commission may enter into reciprocal agreements with adjacent states and bordering Canadian provinces that Montana's inspectors may inspect trains while they are stopped in those states or provinces before they cross the Montana border.   (3) The public service commission shall, in cooperation with the department of transportation, the disaster and emergency services division, and the highway patrol, establish rules to carry out the provisions of this part. The rules must address:   (a) the process by which local authorities will be notified when a motor carrier or a train carrying high-level radioactive waste or transuranic waste is approaching their jurisdictions;   (b) which local authorities will receive notification;   (c) the process by which local governments and local emergency response entities may apply for and receive training and reimbursement money from the radioactive waste transportation monitoring, emergency response, and training account, as provided in 10-3-1304;   (d) the criteria for qualifying to receive money from the account;   (e) acceptable means for monitoring a train that is carrying high-level radioactive waste or transuranic waste; and   (f) other processes or procedures that the public service commission, the department of transportation, the disaster and emergency services division, and the highway patrol determine are necessary to efficiently carry out the provisions of this part and to ensure the safe transportation of high-level radioactive waste or transuranic waste through Montana.   History: En. Sec. 9, Ch. 560, L. 2003; amd. Sec. 2, Ch. 104, L. 2015.
MT Code § 10-3-1310 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 3. Disaster and Emergency Services|Part 13. Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act|10-3-1310. Penalty

  10-3-1310. Penalty. An owner found to be in violation of the provisions of 10-3-1305 through 10-3-1309 shall be fined an amount of not more than $100,000 for each violation. In the case of an accidental spill of a cask containing transuranic waste or leakage of high-level radioactive waste, the penalty is in addition to any other liability. The department of justice is responsible for imposing and determining the amount of a fine.   History: En. Sec. 10, Ch. 560, L. 2003.
MT Code § 10-4-102 (2021)
2021 Montana Code Annotated|Title 10. Military Affairs and Disaster and Emergency Services|Chapter 4. State Emergency Telephone System|Part 1. Emergency Telephone System Plans|10-4-102. Repealed

  10-4-102. Repealed. Sec. 24, Ch. 367, L. 2017.   History: En. Sec. 3, Ch. 635, L. 1985; amd. Sec. 20, Ch. 112, L. 1991; amd. Sec. 16, Ch. 349, L. 1993; amd. Sec. 2, Ch. 448, L. 1997; amd. Sec. 10, Ch. 36, L. 2005; amd. Sec. 2, Ch. 304, L. 2007; amd. Sec. 1, Ch. 111, L. 2009.