MT Code § 10-3-1203 (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|10-3-1203. Definitions

  10-3-1203. Definitions. As used in this part, the following definitions apply:   (1) "Commission" means the state emergency response commission.   (2) "Division" means the division of disaster and emergency services in the department of military affairs.   (3) "Duration of response" means a period of time beginning when an emergency responder is requested by the appropriate authority to respond to an incident and ending when the responder is released from the incident by the incident commander and returned to the emergency responder's place of residence by the most direct route and includes the time required to replace and return all materials used for the incident to the same or similar condition and state of readiness as before the response.   (4) "Hazardous material" means a hazardous substance, a hazardous or deleterious substance as defined in 75-10-701, radioactive material, or a combination of a hazardous substance, a hazardous or deleterious substance, and radioactive material.   (5) "Hazardous material incident response team" means an organized group of trained response personnel, operating under an emergency response plan and appropriate standard operating procedures, that is expected to perform work to control an actual release or threatened release of hazardous material requiring close approach to the material, to respond to releases or threatened releases of hazardous material for the purpose of control or stabilization of the incident, and to provide technical assistance to local jurisdictions.   (6) (a) "Hazardous substance" means flammable solids, semisolids, liquids, or gases; poisons; explosives; corrosives; compressed gases; reactive or toxic chemicals; irritants; or biological agents.   (b) The term does not include radioactive material.   (7) "Incident" means an event involving the release or threat of release involving hazardous material that may cause injury to persons, the environment, or property.   (8) "Incident commander" means the person who is designated in the local emergency operations plan.   (9) "Local emergency operations plan" means the local and interjurisdictional disaster and emergency plan developed pursuant to 10-3-401.   (10) "Local emergency response authority" means the agency designated by the city, county, or commission to be responsible for the management of an incident at the local level.   (11) "Plan" means the Montana incident management and hazardous material response support plan.   (12) (a) "Radioactive material" means any material or combination of material that spontaneously emits ionizing radiation.   (b) The term does not include material in which the specific activity is not greater than 0.002 microcuries per gram of material unless the material is determined to be radioactive by the U.S. environmental protection agency or the U.S. occupational safety and health administration.   (13) "State hazardous material incident response team" means persons who are designated as state employees by the commission while they are engaged in activities as provided for in 10-3-1204 and may include members of the commission and local and state government responders.   (14) "Threat of release" or "threatened release" means an indication of the possibility of the release of a hazardous material into the environment.   History: En. Sec. 3, Ch. 270, L. 1995; amd. Sec. 2, Ch. 520, L. 1999; amd. Sec. 1, Ch. 153, L. 2011.