reglab/housing_qa huggingface dataset:
MT Code § 75-6-107 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-107. Variances and exemptions

  75-6-107. Variances and exemptions. (1) Except as provided in subsection (3), the department may grant a variance or exemption from the requirements of this part or the rules adopted under this part pursuant to the terms and conditions of the variance and exemption rules adopted by the department.  (2) Except as provided in subsection (3), a variance or exemption granted pursuant to this section must be accompanied by a compliance plan specifying a time schedule for compliance.   (3) The department may grant for a period of up to 5 years a variance or exemption for a public water system to use bottled water to achieve compliance with a maximum contaminant level for nitrate. The variance or exemption must include the requirement that the owner of the public water system warn the public that the tap water is not potable and could pose a health risk if consumed by:   (a) posting signs at locations required by the variance or exemption for the period granted by the variance or exemption; and   (b) delivering annual notices as required by the variance or exemption to users of the public water system.   (4) A person aggrieved by a decision of the department to grant, deny, revoke, or modify a variance or exemption may appeal the department's decision to the board as provided in the Montana Administrative Procedure Act.   History: En. 69-4905.1 by Sec. 4, Ch. 556, L. 1977; R.C.M. 1947, 69-4905.1; amd. Sec. 5, Ch. 556, L. 1979; amd. Sec. 1, Ch. 213, L. 2011; amd. Sec. 58, Ch. 324, L. 2021.
MT Code § 75-6-108 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-108. Department to prescribe fees -- opportunity for appeal

  75-6-108. Department to prescribe fees -- opportunity for appeal. (1) The department shall by rule prescribe fees to be assessed annually on owners of public water supply systems to recover department costs in providing services under this part. The annual fee for a public water supply system is no more than $2.25 for each service connection to the public water supply system for the biennium beginning July 1, 1991, and ending June 30, 1993, and thereafter is no more than $2 for each service connection to the public water supply system, although the minimum fee for any system is $100, except that the fee for a transient noncommunity water system is $50.  (2) Public water supply systems in a municipality may raise the rates to recover costs associated with the fees prescribed in this section without the public hearing required in 69-7-111.   (3) The department shall by rule prescribe fees assessed on persons who submit plans and specifications for construction, alteration, or extension of a public water supply system or public sewage system. The fees must be commensurate with the cost to the department of reviewing the plans and specifications.   (4) Fees collected pursuant to this section must be deposited in the public drinking water special revenue fund established in 75-6-115.   (5) (a) The department shall notify the owner of a public water supply system in writing of the amount of the fee to be assessed and the basis for the assessment. The owner may appeal the fee assessment in writing to the board within 20 days after receipt of the written notice.   (b) An appeal must be based on the allegation that the fee is erroneous or excessive. An appeal may not be based only on the fee schedule adopted by the department.   (c) If any part of the fee assessment is not appealed, it must be paid to the department upon receipt of the notice provided for in subsection (5)(a).   History: En. Sec. 4, Ch. 645, L. 1991; amd. Sec. 59, Ch. 324, L. 2021.
MT Code § 75-6-109 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-109. Administrative enforcement

  75-6-109. Administrative enforcement. (1) If the department believes that a violation of this part, a rule adopted under this part, or a condition of approval issued under this part has occurred, it may serve written notice of the violation, by certified mail, on the alleged violator or the violator's agent. The notice must specify the provision of this part, the rule, or the condition of approval alleged to have been violated 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 filing.  (2) If the alleged violator does not request a hearing before the board within 30 days of the date of service, the order becomes final. Failure to comply with a final order may subject the violator to an action commenced pursuant to 75-6-104, 75-6-113, or 75-6-114.   (3) If the alleged violator requests a hearing before the board within 30 days of the date of service, the board shall schedule a hearing. After the hearing is held, the board may:   (a) affirm or modify the department's order issued under subsection (1) if the board finds that a violation has occurred; or   (b) rescind the department's order if the board finds that a violation has not occurred.   (4) An order issued by the department or the board may set a date by which the violation must cease and set a time limit for action to correct a violation.   (5) As an alternative to issuing an order pursuant to subsection (1), the department may:   (a) require the alleged violator to appear before the board for a hearing, at a time and place specified in the notice, to answer the charges complained of; or   (b) initiate an action under 75-6-111(2), 75-6-113, or 75-6-114.   (6) (a) An action initiated under this part may include an administrative penalty not to exceed:   (i) $1,000 for each day of a violation pertaining to a public water system, other than a water hauler or a water bottling plant, that serves a population of more than 10,000; and   (ii) $500 for each day of violation for other violations.   (b) Administrative penalties collected under this section must be deposited in the state general fund.   (7) In determining the amount of penalty to be assessed to a person, the department or the board, as appropriate, shall consider the penalty factors in 75-1-1001 and the rules promulgated under 75-6-104(2)(i).   (8) The contested case provisions of the Montana Administrative Procedure Act, provided for in Title 2, chapter 4, part 6, apply to a hearing under 75-6-108 or this section.   History: En. Sec. 6, Ch. 645, L. 1991; amd. Sec. 2, Ch. 302, L. 1995; amd. Sec. 64, Ch. 509, L. 1995; amd. Sec. 10, Ch. 73, L. 1997; amd. Sec. 6, Ch. 195, L. 1999; amd. Sec. 11, Ch. 487, L. 2005.
MT Code § 75-6-110 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-110. Enforcement response

  75-6-110. Enforcement response. (1) Whenever, on the basis of information available to the department, the department finds that a person is in violation of this part, a rule adopted under this part, or a condition, requirement of an approval, or order issued pursuant to this part, the department shall initiate an enforcement response, which may include any of the following actions:   (a) issuance of a letter notifying the person of the violation and requiring compliance;   (b) issuance of an order requiring the person to correct the violation pursuant to 75-6-104 and 75-6-109;   (c) bringing a judicial action as authorized by 75-6-111; or   (d) seeking administrative or judicial penalties as provided under 75-6-109, 75-6-113, and 75-6-114.   (2) Unless an alleged violation represents an imminent threat to human health, safety, or welfare or to the environment, the department shall first issue a letter notifying the person of the violation and requiring compliance. If the person fails to respond to the conditions in the department's letter, then the department shall take further action as provided in subsection (1).   (3) The provisions of this part do not limit the authority of the department to bring a judicial action, which may include the assessment of penalties, prior to initiating an administrative action authorized by this part.   History: En. Sec. 1, Ch. 302, L. 1995.
MT Code § 75-6-111 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-111. Appeal from rule or standard -- injunction to require compliance

  75-6-111. Appeal from rule or standard -- injunction to require compliance. (1) A person aggrieved by a rule, standard, or order adopted or issued pursuant to this part may appeal to the district court, except as otherwise provided in 75-6-109. While the appeal is pending, the rule, standard, or order is in force.   (2) The department may seek an injunction from the appropriate district court to require compliance with this part or a rule or order issued as authorized by this part. The court may award the department costs and expenses incurred in investigating and abating the violation. The department may also initiate an action to collect a criminal penalty as provided in 75-6-113 or a civil penalty as provided in 75-6-114.   History: En. Sec. 146, Ch. 197, L. 1967; amd. Sec. 72, Ch. 349, L. 1974; amd. Sec. 6, Ch. 556, L. 1977; R.C.M. 1947, 69-4907(1), (2); amd. Sec. 7, Ch. 68, L. 1979; amd. Sec. 1, Ch. 412, L. 1985; amd. Sec. 5, Ch. 645, L. 1991.
MT Code § 75-6-112 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-112. Prohibited acts

  75-6-112. Prohibited acts. A person may not:  (1) commence or continue construction, alteration, extension, or operation of a system of water supply or water distribution that is intended to be used as a public water supply system or a system that is intended to be used as a public sewage system before the person submits to the department necessary maps, plans, and specifications for its review and the department approves those maps, plans, and specifications;   (2) operate or maintain a public water supply system that exceeds a maximum contaminant level established by the department unless the person has been granted or has an application pending for a variance or exemption pursuant to this part;   (3) violate any provision of this part or a rule adopted under this part; or   (4) violate any condition or requirement of an approval issued pursuant to this part.   History: En. Sec. 144, Ch. 197, L. 1967; R.C.M. 1947, 69-4905; amd. Sec. 6, Ch. 556, L. 1979; amd. Sec. 1, Ch. 230, L. 1989; amd. Sec. 5, Ch. 488, L. 1995; amd. Sec. 15, Ch. 497, L. 1995; amd. Sec. 7, Ch. 195, L. 1999; amd. Sec. 2, Ch. 315, L. 2001; amd. Sec. 5, Ch. 423, L. 2007; amd. Sec. 60, Ch. 324, L. 2021.
MT Code § 75-6-113 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-113. Penalty

  75-6-113. Penalty. Any person violating this part or any rule or order of the board or department issued under the provisions of this part shall be guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $500. Each day upon which a violation of this part occurs shall be considered a separate offense.   History: En. Sec. 146, Ch. 197, L. 1967; amd. Sec. 72, Ch. 349, L. 1974; amd. Sec. 6, Ch. 556, L. 1977; R.C.M. 1947, 69-4907(3).
MT Code § 75-6-114 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-114. Civil penalty

  75-6-114. Civil penalty. (1) In an action initiated by the department to collect civil penalties against a person who is found to have violated this part or a rule, order, or condition of approval issued under this part, the person is subject to a civil penalty not to exceed $10,000. The action must be filed in the district court of the county in which the violation occurred.  (2) Each day of violation constitutes a separate violation.   (3) Action under this section does not bar enforcement of this part or a rule, order, or condition of approval issued under this part by injunction or other appropriate remedy.   (4) When seeking penalties under this section, the department shall take into account the penalty factors in 75-1-1001 in determining an appropriate settlement or judgment, as appropriate.   (5) Civil penalties collected pursuant to this section must be deposited in the state general fund.   History: En. Sec. 7, Ch. 645, L. 1991; amd. Sec. 3, Ch. 302, L. 1995; amd. Sec. 65, Ch. 509, L. 1995; amd. Sec. 12, Ch. 487, L. 2005; amd. Sec. 32, Ch. 535, L. 2021.
MT Code § 75-6-115 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-115. Public drinking water special revenue fund

  75-6-115. Public drinking water special revenue fund. (1) There is a public drinking water special revenue fund within the state special revenue fund established in 17-2-102.   (2) There must be credited to the public drinking water special revenue fund the revenue from fees assessed, collected, and allocated pursuant to 75-6-108. Funds from the public drinking water special revenue fund may be used only to pay department costs in implementing the public drinking water supply program, as described in this part.   History: En. Sec. 8, Ch. 645, L. 1991; amd. Sec. 66, Ch. 509, L. 1995.
MT Code § 75-6-116 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-116. State regulations no more stringent than federal regulations or guidelines

  75-6-116. State regulations no more stringent than federal regulations or guidelines. (1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.  (2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:   (a) the proposed state standard or requirement protects public health or the environment of the state; and   (b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.   (3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.   (4) (a) A person affected by a rule of the board adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.   (b) A person may also petition the department for a rule review under subsection (4)(a) if the board or the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted rule.   (5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).   History: En. Sec. 1, Ch. 471, L. 1995; amd. Sec. 61, Ch. 324, L. 2021.
MT Code § 75-6-117 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-117. through 75-6-119 reserved

  75-6-117 through 75-6-119 reserved.
MT Code § 75-6-120 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-120. Wellhead and source water protection programs -- voluntary petitions

  75-6-120. Wellhead and source water protection programs -- voluntary petitions. (1) The federal Safe Drinking Water Act, including 42 U.S.C. 300h-7 and 300j-13, enables the department to administer wellhead protection and source water assessment programs that involve delineation of the boundaries of the assessment areas from which a public water system receives supplies of drinking water, certification of local source water protection areas, assessment of source water susceptibility to regulated contaminants, and review of source water protection area ordinances. In administering these programs, the department may perform only those functions provided for by the federal Safe Drinking Water Act and this section.   (2) A supplier of a public water supply system may voluntarily submit for department review and approval a petition to establish a source water protection program for the system.   (3) The department may certify a source water protection area upon:   (a) receipt of a petition by a supplier for a public water supply system; and   (b) making a determination that the source water protection area meets criteria and thresholds for certification established by the Montana source water protection program.   (4) (a) The governing body of the county in which a source water protection area or areas exist may adopt an ordinance to regulate, control, and prohibit conditions that threaten the quality of water used within the source water protection area or areas.   (b) Prior to adopting a source water protection area ordinance, the governing body shall confer with the supplier of the public water supply system and shall then submit the ordinance to the department for review and verification that the ordinance is consistent with the requirements of this chapter.   (c) A source water protection area ordinance must be adopted using the procedures described in 7-5-103 through 7-5-107.   (5) (a) An ordinance adopted under subsection (4) is limited in applicability to the certified source water protection area or areas within the county.   (b) For a source water protection area that is located in two or more counties, the proposed source water protection area ordinance must be adopted by each county in order for the ordinance to be effective.   (6) A source water protection area ordinance adopted under this section may not conflict with and may not duplicate any other federal, state, or local law or regulation, including but not limited to zoning, fire codes, hazardous waste regulation under Title 75, chapter 10, part 4, or pesticide regulation under Title 80, chapter 8.   History: En. Sec. 6, Ch. 488, L. 1995; amd. Sec. 6, Ch. 423, L. 2007.
MT Code § 75-6-121 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-121. Delegation of review of small public water and sewer construction

  75-6-121. Delegation of review of small public water and sewer construction. (1) If a local government requests a delegation and the appropriate division of the local government has established satisfactory review programs, the department may delegate to the division of local government review of:  (a) small public water and sewer systems; and   (b) extensions or alterations of existing public water and sewer systems that involve 50 or fewer connections.   (2) The department may adopt rules regarding the delegation of review authority to divisions of local government.   History: En. Sec. 1, Ch. 312, L. 1989; amd. Sec. 62, Ch. 324, L. 2021.
MT Code § 75-6-122 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-122. through 75-6-125 reserved

  75-6-122 through 75-6-125 reserved.
MT Code § 75-6-126 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-126. Ownership of public water supply system or public sewage system -- change in status

  75-6-126. Ownership of public water supply system or public sewage system -- change in status. (1) A person may not own a public water supply system or a public sewage system unless that person is:   (a) an individual;   (b) a limited partnership;   (c) a limited liability company;   (d) a corporation, whether organized for profit or not;   (e) a city, town, local government entity, or other political subdivision of the state; or   (f) a federal agency.   (2) The owner of a public water supply system or a public sewage system shall, within 90 days after being requested to do so by the department or within 90 days after a transfer in ownership:   (a) submit information on a form provided by the department that details the ownership status of the public water supply system or public sewage system; and   (b) provide other necessary information for the department's records.   History: En. Sec. 3, Ch. 315, L. 2001.
MT Code § 75-6-127 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 6. Public Water Supplies, Distribution, and Treatment|Part 1. Public Water Supply|75-6-127. through 75-6-130 reserved

  75-6-127 through 75-6-130 reserved.