reglab/housing_qa huggingface dataset:
MT Code § 75-11-322 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-322. Liability -- defense and exclusions

  75-11-322. 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. 4, Ch. 159, L. 2013.
MT Code § 75-11-401 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 4. Montana Petroleum Brownfields Revitalization Act|75-11-401. Short title

  75-11-401. Short title. This part may be cited as the "Montana Petroleum Brownfields Revitalization Act".   History: En. Sec. 1, Ch. 296, L. 2015.
MT Code § 75-11-402 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 4. Montana Petroleum Brownfields Revitalization Act|75-11-402. Findings and intent -- purposes

  75-11-402. Findings and intent -- purposes. The legislature finds that:   (1) real properties exist across the state where the stigma of petroleum contamination hinders the development or best use of the property. These petroleum-contaminated properties may be eligible for petroleum brownfields funding.   (2) the cleanup of petroleum brownfields sites should be encouraged and facilitated to reduce threats to human health and the environment, prepare properties for reuse and redevelopment, and return property to local tax rolls;   (3) the petroleum tank release cleanup fund established in 75-11-313 is not sufficient to immediately address all petroleum tank release sites in Montana in a timely and comprehensive manner; and   (4) the department should encourage the use of federal brownfields money obtained by grant recipients for assessment and remediation at eligible petroleum brownfields sites and to leverage federal funds and limit costs imposed on Montana citizens.   History: En. Sec. 2, Ch. 296, L. 2015.
MT Code § 75-11-404 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 4. Montana Petroleum Brownfields Revitalization Act|75-11-404. through 75-11-406 reserved

  75-11-404 through 75-11-406 reserved.
MT Code § 75-11-407 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 4. Montana Petroleum Brownfields Revitalization Act|75-11-407. Viability

  75-11-407. Viability. (1) For the purpose of determining the viability of a responsible party, the department shall presume that:   (a) ongoing businesses or companies and government entities are viable unless there is information suggesting that the presumption is not appropriate and the department determines the information is sufficient to rebut the presumption in a particular case; and   (b) individuals and defunct or insolvent companies are not viable unless there is information suggesting that the presumption is not appropriate and the department determines the information is sufficient to rebut the presumption in a particular case.   (2) The department may not determine that a responsible party is viable based solely on the fact that the owner or operator of the petroleum tank release site is eligible to be reimbursed by the petroleum tank release compensation board established in 2-15-2108 from the petroleum tank release cleanup fund established in 75-11-313.   (3) It is a grant recipient's responsibility to provide the department with sufficient financial information about a responsible party identified in a petroleum brownfields site eligibility application to determine whether the responsible party is a viable responsible party.   History: En. Sec. 4, Ch. 296, L. 2015.
MT Code § 75-11-408 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 4. Montana Petroleum Brownfields Revitalization Act|75-11-408. Brownfields site eligibility at petroleum tank release sites -- determinations and limitations

  75-11-408. Brownfields site eligibility at petroleum tank release sites -- determinations and limitations. (1) Before a grant recipient may expend federal brownfields funds at a petroleum tank release site, either the United States environmental protection agency or the department shall make a written determination that:   (a) the petroleum tank release site is of relatively low risk compared to other petroleum-contaminated sites;   (b) there is no viable responsible party for the petroleum tank release site;   (c) the petroleum tank release site will not be assessed, investigated, or cleaned up by a potentially liable person; and   (d) the petroleum tank release site is not subject to an order under section 9003(h) of the federal Solid Waste Disposal Act, 42 U.S.C. 6991b(h), or Title 75, chapter 11.   (2) After the department or the United States environmental protection agency determines that a petroleum tank release site is eligible for federal brownfields funding, the department shall encourage and may not limit the use of a grant recipient's federal petroleum brownfields funding at the site even if the site owner or operator, as defined in 75-11-302, is eligible for funding from the petroleum tank release cleanup fund established in 75-11-313.   (3) The department may not limit the use of money from the petroleum tank release cleanup fund established in 75-11-313 when used as a commitment to a federal brownfields loan made by a grant recipient for remediation at a petroleum tank release site.   (4) (a) Except as provided in subsection (4)(b), a determination made by the department or the United States environmental protection agency that a petroleum tank release site is eligible for federal brownfields funding does not limit or alter the owner's or operator's responsibility to assess or remediate the petroleum tank release site in accordance with Title 75, chapter 11.   (b) If the department determines that a grant recipient has proposed to conduct a timely and comprehensive remediation using federal brownfields funding at a petroleum tank release site that has been determined by the department or the United States environmental protection agency to be eligible for petroleum brownfields funding and the proposed remediation plan is expected to meet or exceed remediation standards required by the department and financial commitments required by the petroleum tank release compensation board pursuant to Title 75, chapter 11, the department shall approve the comprehensive remediation plan and allow for the use of federal brownfields funding at the petroleum tank release site.   History: En. Sec. 5, Ch. 296, L. 2015.
MT Code § 75-11-409 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 4. Montana Petroleum Brownfields Revitalization Act|75-11-409. Use of petroleum brownfields funding acquired by state -- limitations

  75-11-409. Use of petroleum brownfields funding acquired by state -- limitations. Prior to expending federal funds awarded to the state for the purpose of assessing or cleaning up petroleum tank release sites that are eligible for petroleum brownfields funding from the United States environmental protection agency under the federal Brownfields Revitalization and Environmental Restoration Act of 2001, Title II of Public Law 107-118, the department shall make a reasonable effort to coordinate with a grant recipient who may intend to expend federal brownfields funding to assess or remediate eligible petroleum brownfields sites in the grant recipient's brownfields target area and to ensure that the grant recipient is not intending to expend petroleum brownfields funding at the same eligible brownfields sites.   History: En. Sec. 6, Ch. 296, L. 2015.
MT Code § 75-11-501 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-501. Short title

  75-11-501. Short title. This part shall be known and may be cited as the "Montana Underground Storage Tank Act".   History: En. Sec. 1, Ch. 112, L. 1997.
MT Code § 75-11-502 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-502. Intent, findings, and purpose

  75-11-502. 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 Underground Storage Tank 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 petroleum products and hazardous substances stored in underground tanks are regulated under the federal Resource Conservation and Recovery Act of 1976, as amended, and must be addressed and controlled properly by the state under this part. It is the purpose of this part to authorize the department to establish, administer, and enforce an underground storage tank leak prevention program for these regulated substances. The department may use the authority provided in this part and other appropriate authority provided by law to remedy violations of requirements established under this part.   History: En. Sec. 2, Ch. 112, L. 1997; amd. Sec. 20, Ch. 361, L. 2003.
MT Code § 75-11-504 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-504. Powers of department

  75-11-504. 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) accept and administer grants from the federal government and from other sources, public and private;   (c) 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 regulated substance; and   (d) enter property and permanently close an underground storage tank that:   (i) was in use after November 22, 1989;   (ii) was not permanently closed before December 23, 1998, in accordance with closure requirements established by this part; and   (iii) was neither:   (A) initially installed in accordance with design requirements established pursuant to this part; nor   (B) upgraded in accordance with rules adopted pursuant to this part.   (2) The department shall integrate all provisions of this part with other laws administered by the department to avoid unnecessary duplication.   History: En. Sec. 4, Ch. 112, L. 1997; amd. Sec. 10, Ch. 506, L. 1999.
MT Code § 75-11-505 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-505. Administrative rules -- underground storage tanks -- petroleum mixing zones

  75-11-505. Administrative rules -- underground storage tanks -- petroleum mixing zones. (1) The department may adopt, amend, or repeal rules for the prevention and correction of leakage from underground storage tanks, including:  (a) reporting by owners and operators;   (b) financial responsibility;   (c) release detection, prevention, and corrective action;   (d) procedures and standards for the issuance, nonissuance, renewal, nonrenewal, modification, revocation, suspension, and enforcement of permits authorizing the operation of underground storage tanks;   (e) standards for design, construction, installation, and closure;   (f) development of a schedule of annual fees, not to exceed $108 for a tank over 1,100 gallons and not to exceed $36 for a tank 1,100 gallons or less, for each tank, for tank registration to defray state and local costs of implementing an underground storage tank program. The department may prorate fees to cover periods not equal to 12 months in order to provide staggered scheduling of renewal dates.   (g) a system for assessment of administrative penalties, notice, and appeals under 75-11-525; and   (h) delegation of authority and funds to local agents for inspections and implementation. The delegation of authority to local agents must complement and may not duplicate existing authority for implementation of rules adopted by the department of justice that relate to underground storage tanks.   (2) In accordance with 75-11-508, the department:   (a) shall adopt rules governing the inclusion of a petroleum mixing zone, as defined in 75-11-503, in a corrective action plan; and   (b) may incorporate by reference rules adopted pursuant to 75-5-301 and 75-5-303 related to mixing zones for ground water.   History: En. Sec. 5, Ch. 112, L. 1997; amd. Sec. 13, Ch. 506, L. 1999; amd. Sec. 3, Ch. 137, L. 2003; amd. Sec. 1, Ch. 51, L. 2007; amd. Sec. 4, Ch. 189, L. 2011; amd. Sec. 68, Ch. 324, L. 2021.
MT Code § 75-11-506 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-506. and 75-11-507 reserved

  75-11-506 and 75-11-507 reserved.
MT Code § 75-11-508 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-508. Corrective action -- petroleum mixing zones

  75-11-508. Corrective action -- petroleum mixing zones. (1) A corrective action plan prepared pursuant to 75-11-309 may include the use of a petroleum mixing zone, as defined in 75-11-503, in conjunction with the final remediation and resolution of a petroleum release.  (2) If a petroleum mixing zone is included in a corrective action plan, it may be established only when:   (a) all source material has been removed to the maximum extent practicable;   (b) the extent of petroleum contamination has been defined;   (c) natural breakdown or attenuation is occurring within the plume; and   (d) no further corrective action is reasonably required at the site.   (3) The boundary of a petroleum mixing zone established in accordance with this section must be contained within the boundary of the property on which the petroleum release originated unless a recorded easement, a restrictive covenant, or another institutional control approved by the department on an adjoining property allows the petroleum mixing zone to extend onto the adjoining property.   (4) Monitoring of a petroleum mixing zone may not be required unless there is a unique, overriding, site-specific, impact-related reason to require monitoring.   (5) At the downgradient boundary of a petroleum mixing zone, the concentration of any petroleum constituent, including benzene, may not exceed a water quality standard adopted pursuant to 75-5-301.   (6) If a petroleum mixing zone is established and maintained:   (a) the petroleum release is considered resolved;   (b) no further corrective action for the petroleum release is required; and   (c) the department shall issue a no-further-action letter to the owner or operator stating that a petroleum mixing zone has been established for the release and describing any conditions required to maintain the petroleum mixing zone.   (7) A corrective action plan approved by the department pursuant to 75-11-309 may be amended to include a petroleum mixing zone in accordance with this section, including a corrective action plan approved prior to April 15, 2011.   History: En. Sec. 5, Ch. 189, L. 2011; amd. Sec. 2, Ch. 107, L. 2015; amd. Sec. 69, Ch. 324, L. 2021.
MT Code § 75-11-510 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-510. Underground storage tank leak report -- inspections -- sampling

  75-11-510. Underground storage tank leak report -- inspections -- sampling. (1) If an owner or operator of an underground storage tank discovers or is provided with evidence that a tank may have leaked, the owner or operator shall immediately notify the department that a leak may exist.   (2) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which:   (i) regulated substances are or have been stored in underground storage tanks if the department has reason to suspect that the tanks are not in compliance with the provisions of this part or rules adopted under this part; or   (ii) records pertinent to the regulated substances activities are maintained.   (b) The employee or agent of the department may have access to and may copy any records relating to the regulated substances for the purposes of developing rules under this part or enforcing the provisions of this part, rules adopted under this part, or a permit or an order issued under this part.   (3) In the course of an inspection under this section, the employee or agent of the department may take samples of any regulated substance or suspected regulated substance, including samples from any soil or ground water. If the employee or agent of the department takes a sample of any regulated substance or suspected regulated substance, the employee or agent shall, prior to leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.   History: En. Sec. 6, Ch. 112, L. 1997.
MT Code § 75-11-511 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-511. Regulated substance inventory

  75-11-511. Regulated substance inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where regulated substances have been stored or disposed of at any time.   (2) If the department determines that the presence of a regulated substance or the release of the regulated substance may present a substantial hazard to the public health or to the environment, it may issue an order requiring the owner or operator of the site to conduct reasonable monitoring, testing, analysis, and reporting with respect to the site in order to ascertain the nature and extent of the hazard.   (3) An order issued under subsection (2) must require that the person to whom the order is issued submit to the department within 30 days a proposal for carrying out the required monitoring, testing, analysis, and reporting.   (4) If the department determines that the owner or operator referred to in subsection (2) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.   (5) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-11-510.   History: En. Sec. 7, Ch. 112, L. 1997.
MT Code § 75-11-513 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-513. Injunctions

  75-11-513. Injunctions. The department may institute and maintain, in the name of the state, actions for injunctive relief as provided in Title 27, chapter 19, to:   (1) immediately restrain any person from engaging in any unauthorized activity that is endangering or causing damage to the public health or to the environment;   (2) enjoin a violation of this part, a rule adopted under this part, or an order of the department or the board; or   (3) require compliance with this part, a rule adopted under this part, or an order of the department or the board.   History: En. Sec. 9, Ch. 112, L. 1997.
MT Code § 75-11-514 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-514. Imminent hazard

  75-11-514. Imminent hazard. Upon receipt of evidence that the storage or disposal of any regulated substance may present an imminent and substantial danger to the public health or to the environment, the department may commence legal proceedings to immediately restrain or enjoin any person who has contributed to or who is contributing to the storage or disposal from engaging in these activities or order the person to take other action as may be necessary, or both. The department may also take appropriate action as may be necessary under this section, including issuing orders necessary or appropriate to protect the public health and the environment.   History: En. Sec. 10, Ch. 112, L. 1997.
MT Code § 75-11-515 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-515. Cleanup orders

  75-11-515. Cleanup orders. The department may issue a cleanup order to any person who has discharged, deposited, or spilled any regulated substance into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any regulated substance into or onto any land or water so as to result in unlawful or unapproved disposal of a regulated substance. The order must direct the person to clean up and remove the regulated substance, to treat the regulated substance, or to take other actions as may be considered reasonable by the department.   History: En. Sec. 11, Ch. 112, L. 1997.
MT Code § 75-11-516 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 5. Montana Underground Storage Tank Act|75-11-516. Civil penalties

  75-11-516. Civil penalties. (1) (a) A person who violates any provision of this part, a rule adopted under this part, or an order of the department or the board is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation.  (b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.   (2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. Penalties are also recoverable in an action brought by the department. The action must be brought in the district court of the county in which the violation occurred.   (3) Action under this section does not bar enforcement of this part, rules adopted under this part, or orders of the department or the board.   (4) Money collected under this section must be deposited in the state general fund.   History: En. Sec. 12, Ch. 112, L. 1997; amd. Sec. 20, Ch. 487, L. 2005; amd. Sec. 41, Ch. 535, L. 2021.