reglab/housing_qa huggingface dataset:
MT Code § 75-11-517 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-517. Lien

  75-11-517. Lien. (1) The costs incurred by the department to close an underground storage tank pursuant to 75-11-504 or 75-11-512 constitute a lien in favor of the state upon all property and rights to the property that belong to the owner or operator.   (2) The lien imposed by this section arises at the time that notice incorporating a description of the property on which the underground storage tank was permanently closed and an identification of the amount of costs is filed with the clerk and recorder of the county in which the real property is located. A copy of the notice must be served by certified mail upon the property owner.   (3) The costs constituting the lien may be recovered in an action in the district court for the district in which the property is located. This section does not affect the right of the state to bring an action against a person to recover all costs for which that person is liable under this part or any other provision of state or federal law.   (4) The lien must continue until the liability for the costs incurred as a result of the permanent closure of the underground storage tank by the state is satisfied.   (5) Payment of any liens under this section must be deposited in the account from which the costs incurred by the state originated.   History: En. Sec. 11, Ch. 506, L. 1999.
MT Code § 75-11-518 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-518. Venue for legal actions

  75-11-518. Venue for legal actions. All legal actions affecting underground storage tanks or the disposal of regulated substances must be brought in the county in which the underground storage tank is located.  History: En. Sec. 14, Ch. 112, L. 1997; amd. Sec. 42, Ch. 535, L. 2021.
MT Code § 75-11-519 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-519. Liability -- defense and exclusions

  75-11-519. 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. 5, Ch. 159, L. 2013.
MT Code § 75-11-520 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-520. Construction in event of conflict

  75-11-520. Construction in event of conflict. The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under those provisions.   History: En. Sec. 15, Ch. 112, L. 1997.
MT Code § 75-11-521 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-521. Benchmarks -- budget action taken if not met

  75-11-521. Benchmarks -- budget action taken if not met. (1) Categorizing petroleum storage tank release sites as resolved is a higher priority than investigation of new releases unless the new release is an imminent danger to the health and safety of the public.  (2) The department shall develop a list of open release sites prioritized by danger to the health and safety of the public and anticipated date of categorizing the sites as resolved.   (3) (a) The cumulative benchmarks that are provided in subsection (3)(b) must be met. If the benchmarks are not met, money appropriated for petroleum storage tank leak prevention may not be included in the department's base budget, as defined in 17-7-102, for the current biennium.   (b) The cumulative benchmarks are as follows:    Date  Total Number of Resolved Sites  December 31, 2011  45  July 1, 2012  90  December 31, 2012  135  July 1, 2013  180  December 31, 2013  225  July 1, 2014  270  December 31, 2014  315  July 1, 2015  360   (4) As used in this section, the following definitions apply:   (a) "Petroleum storage tank" has the same meaning as prescribed in 75-11-302.   (b) "Release" has the same meaning as prescribed in 75-11-302.   (c) "Resolved" means a determination by the department that all cleanup requirements have been met and that conditions at the site ensure present and long-term protection of human health, safety, and the environment.   History: En. Sec. 4, Ch. 394, L. 2011; amd. Sec. 104, Ch. 261, L. 2021.
MT Code § 75-11-522 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-522. through 75-11-524 reserved

  75-11-522 through 75-11-524 reserved.
MT Code § 75-11-526 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-526. Underground storage tank special revenue account

  75-11-526. Underground storage tank special revenue account. (1) There is an underground storage tank account within the state special revenue fund established in 17-2-102. There must be paid into the account:   (a) revenues from underground storage tank permit and notification fees; and   (b) corrective action costs, damages, and penalties recovered under section 9003 of the federal Resource Conservation and Recovery Act of 1976, as amended.   (2) Appropriations may be made from the underground storage tank account for the following purposes only:   (a) state and local government costs of implementing the underground storage tank leak prevention program;   (b) state and local government costs relating to the investigation of leaking underground storage tanks; or   (c) state costs relating to the administration of the administrative penalty program.   History: En. Sec. 10, Ch. 384, L. 1989; amd. Sec. 4, Ch. 281, L. 1993; Sec. 75-10-447, MCA 1995; redes. 75-11-526 by Sec. 36(2), Ch. 112, L. 1997.
MT Code § 75-11-601 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 6. Contaminated Property Compensation and Restoration|75-11-601. Short title -- scope

  75-11-601. Short title -- scope. (1) This part may be cited as the "Montana Contaminated Property Compensation and Restoration Act".   (2) This part applies only to common law claims brought in judicial proceedings on behalf of private interests of individuals or entities.   History: En. Sec. 1, Ch. 409, L. 2009.
MT Code § 75-11-602 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 6. Contaminated Property Compensation and Restoration|75-11-602. Definitions

  75-11-602. Definitions. For purposes of this part, the following definitions apply:   (1) "Department" means the department of environmental quality provided for in 2-15-3501.   (2) (a) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum or petroleum products from a petroleum storage tank into ground water, surface water, surface soils, or subsurface soils that occurred from a petroleum storage tank, as defined in 75-11-302.   (b) The term does not include a release from the following petroleum storage tanks:   (i) a tank located at a refinery or a terminal of a refiner;   (ii) a tank located at an oil and gas production facility; or   (iii) a tank that is or was previously under the ownership or control of a railroad, except for a tank that was operated by a lessee of a railroad in the course of nonrailroad operations.   (3) "Restoration damages" means the amount of compensation determined necessary by a trier of fact to restore a contaminated special use property to its function and use prior to the contamination upon which a common law claim is based. The term includes reasonable attorney fees and costs incurred by the plaintiff.   (4) "Special use property" means real property contaminated by a release from a petroleum storage tank, as defined in 75-11-302, that is found by a trier of fact to have personal value to the plaintiff not reflected in the market value of the property or to have unique public, historic, cultural, or religious value not reflected in the market value of the property.   History: En. Sec. 2, Ch. 409, L. 2009.
MT Code § 75-11-603 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 6. Contaminated Property Compensation and Restoration|75-11-603. Restoration damages for contamination of special use property

  75-11-603. Restoration damages for contamination of special use property. (1) Restoration damages for a common law claim alleging contamination of special use property may be granted by the trier of fact and may only be obtained pursuant to this part.   (2) Nothing in this section precludes the award of other damages allowed under common law and statute.   History: En. Sec. 3, Ch. 409, L. 2009.
MT Code § 75-11-604 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 6. Contaminated Property Compensation and Restoration|75-11-604. Use of restoration damages -- request for trust account

  75-11-604. Use of restoration damages -- request for trust account. (1) Restoration damages awarded pursuant to 75-11-603, exclusive of damages awarded for attorney fees and costs, must be used to conduct any remedial and corrective action necessary to restore the special use property for which the damages were awarded to its function and use prior to the contamination for which the damages were awarded.   (2) Any party may request that a court awarding restoration damages may also order that those damages be deposited in a segregated trust account at a commercial bank or trust company to ensure compliance with subsection (1). The plaintiff may create a trust to be overseen by a qualified professional to restore the special use property.   History: En. Sec. 4, Ch. 409, L. 2009.
MT Code § 75-11-605 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 6. Contaminated Property Compensation and Restoration|75-11-605. Burden of proof

  75-11-605. Burden of proof. The plaintiff in an action for restoration damages resulting from the contamination of special use property has the burden of proof to show that a property meets the definition of a special use property.   History: En. Sec. 5, Ch. 409, L. 2009.
MT Code § 75-15-101 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-101. Short title

  75-15-101. Short title. This part may be cited as the "Outdoor Advertising Act".   History: En. Sec. 1, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4715(b).
MT Code § 75-15-102 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-102. Policy

  75-15-102. Policy. The legislature finds and declares that in order to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within this state and to preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, it shall be the policy of this state that the erection and maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and primary systems within this state shall be regulated in accordance with the terms of this part and the rules promulgated by the commission pursuant thereto. It is the intention of the legislature in this part to provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent to the interstate and primary systems declared by congress in Title 23, United States Code, "Highways".   History: En. Sec. 1, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4715(a).
MT Code § 75-15-104 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-104. More restrictive regulations preserved

  75-15-104. More restrictive regulations preserved. Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than the provisions of this part.   History: En. Sec. 11, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4725.
MT Code § 75-15-105 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-105. Relaxation of regulations if federal law changed

  75-15-105. Relaxation of regulations if federal law changed. In the event the general requirements of Title 23, United States Code, "Highways", or existing rules and regulations of the United States department of transportation become amended or changed to less restrictive conditions than presently exist, then the commission shall amend or change the rules that it may have adopted to come into conformity with the federal law, rule, and regulation.   History: En. Sec. 12, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4726; amd. Sec. 2, Ch. 510, L. 1995.
MT Code § 75-15-106 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-106. through 75-15-110 reserved

  75-15-106 through 75-15-110 reserved.
MT Code § 75-15-112 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-112. Unlawful advertising

  75-15-112. Unlawful advertising. Outdoor advertising is unlawful:   (1) when erected after June 24, 1971, contrary to this part or erected after June 24, 1971, beyond 660 feet of the nearest edge of the right-of-way of an interstate or primary highway outside of an urban area with the purpose of its message being read from such main-traveled way and visible from such main-traveled way, unless such outdoor advertising meets the criteria of subsections (a), (b), or (c) of 75-15-111(1);   (2) when a permit is not obtained as prescribed in this part; or   (3) when a permittee fails to comply with a notice of violation as provided in 75-15-132.   History: En. Sec. 8, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 3, Ch. 89, L. 1974; amd. Sec. 165, Ch. 316, L. 1974; amd. Sec. 5, Ch. 216, L. 1975; amd. Sec. 4, Ch. 234, L. 1977; R.C.M. 1947, 32-4722(1).
MT Code § 75-15-114 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-114. through 75-15-120 reserved

  75-15-114 through 75-15-120 reserved.
MT Code § 75-15-121 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-121. Commission rules authorized

  75-15-121. Commission rules authorized. The commission may adopt rules to control the erection and maintenance of outdoor advertising along the interstate and primary highway systems in conformance with the terms of this part and in conformity with 23 U.S.C. 131, as amended.   History: En. Sec. 4, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 161, Ch. 316, L. 1974; R.C.M. 1947, 32-4718.
MT Code § 75-15-122 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-122. Permits required -- identification tags -- preexisting structures -- fees

  75-15-122. Permits required -- identification tags -- preexisting structures -- fees. (1) (a) A sign authorized by 75-15-111(1)(a), (1)(d), and (1)(e) may not be constructed or maintained without a permit. Applications for permits must be made to the department on forms furnished by it. The department shall require reasonable information to be furnished, including a statement that the owner or occupant of the land has consented to the erection or maintenance of the sign on the land. A permit must be obtained for each sign, and the application for the permit must be accompanied by a nonrefundable, initial fee.   (b) Permits must be issued for 3 years, assigned a permit number, and renewed every 3 years after issuance upon payment of a fee without the filing of a new application. All fees received must be paid into the highway account in the state special revenue fund.   (c) The fees described in subsections (1)(a) and (1)(b) are to be determined by the square footage of the sign face and established, by rule, by the commission to cover the costs of administering and enforcing this section.   (2) The department shall issue with each new permit a permanent identification tag not larger than 36 square inches that must be affixed to the sign in a position readily visible from the highway.   (3) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for a structure lawfully in existence on June 23, 1971, and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance.   (4) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for outdoor advertising lawfully in existence on June 23, 1971, and made nonconforming by virtue of 75-15-111(3), and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance.   History: En. Sec. 6, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 163, Ch. 316, L. 1974; amd. Sec. 1, Ch. 22, L. 1975; amd. Sec. 4, Ch. 216, L. 1975; R.C.M. 1947, 32-4720; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 5, Ch. 510, L. 1995.
MT Code § 75-15-123 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-123. Acquisition of outdoor advertising rights -- compensation

  75-15-123. Acquisition of outdoor advertising rights -- compensation. (1) The department may acquire by gift, purchase, agreement, exchange, or eminent domain existing outdoor advertising and property rights pertaining to advertising that was lawfully in existence on June 24, 1971, and that by virtue of 75-15-111(1) is nonconforming. Eminent domain must be exercised in accordance with Title 70, chapter 30.   (2) Just compensation must be paid for outdoor advertising and property rights pertaining to the advertising acquired through the process of eminent domain. The department may remove outdoor advertising found to be in violation of 75-15-112 or 75-15-132 without payment of compensation.   (3) Except as provided in 75-15-131 and 75-15-132, a sign may not be required to be removed unless at the time of removal or discontinuance there are sufficient funds, from whatever source, appropriated and immediately available to pay the just compensation required under this section and unless at that time the federal funds required to be contributed under 23 U.S.C. 131(g), with respect to the outdoor advertising being removed, have been apportioned and are immediately available to this state.   History: En. Sec. 9, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 166, Ch. 316, L. 1974; amd. Sec. 6, Ch. 216, L. 1975; R.C.M. 1947, 32-4723(part); amd. Sec. 14, Ch. 68, L. 1979; amd. Sec. 90, Ch. 125, L. 2001.
MT Code § 75-15-124 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-124. Agreements with secretary establishing specifications for advertising

  75-15-124. Agreements with secretary establishing specifications for advertising. The department may enter into an agreement with the secretary regarding the size, lighting, and spacing of outdoor advertising, as provided in this part, which may be erected and maintained within the areas adjacent to the interstate and primary highway system which are zoned commercial, industrial, or in such other unzoned commercial or industrial areas as may be determined by agreement and as provided in this part.   History: En. Sec. 10, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 167, Ch. 316, L. 1974; R.C.M. 1947, 32-4724.
MT Code § 75-15-125 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-125. through 75-15-130 reserved

  75-15-125 through 75-15-130 reserved.
MT Code § 75-15-131 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-131. Entry to inspect -- notice of unlawful advertising -- remedial action

  75-15-131. Entry to inspect -- notice of unlawful advertising -- remedial action. (1) The department may enter upon lands bearing outdoor advertising and make examination of such advertising.   (2) The department shall give notice in writing, either by certified mail or by personal service, to the owner or occupant of the land on which advertising believed to be unlawful is located and to the owner of the outdoor advertising structure if the latter is known or, if unknown, by posting notice in a conspicuous place on the structure of its intention to remove the unlawful advertising. Within 45 days after the notice, the owner of the land or of the structure may make a written request for a hearing before the commission to show cause why the structure should not be removed.   (3) If a hearing before the commission is not requested or if there is no appeal taken from the commission's decision at the hearing or if the commission's decision is affirmed on appeal, the department shall immediately remove or cause to be removed the unlawful outdoor advertising. The department may, upon final determination by the commission that an item of outdoor advertising is unlawful, enter upon lands bearing such advertising and remove the unlawful advertising.   (4) The owner of the structure and the owner or occupant of the land are jointly and severally liable for the costs of the removal.   History: En. Sec. 8, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 3, Ch. 89, L. 1974; amd. Sec. 165, Ch. 316, L. 1974; amd. Sec. 5, Ch. 216, L. 1975; amd. Sec. 4, Ch. 234, L. 1977; R.C.M. 1947, 32-4722(2), (3).
MT Code § 75-15-132 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 15. Landscape Management|Part 1. Outdoor Advertising|75-15-132. False application or disrepair of structure -- remedial action

  75-15-132. False application or disrepair of structure -- remedial action. When the department determines that a willful false or misleading statement has been made in the application for a permit or that the structure for which a permit was issued is not in a reasonable state of repair or is unsafe, the department shall notify the holder of the permit in writing, either by certified mail or by personal service, of the violation and specify that remedial action shall be taken within 60 days or the permit will be revoked and action for removal of the sign commenced as provided in 75-15-131. No notice is required prior to filing a complaint after the notice period has lapsed.   History: En. Sec. 7, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 164, Ch. 316, L. 1974; R.C.M. 1947, 32-4721.