reglab/housing_qa huggingface dataset:
MT Code § 82-11-136 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-136. Expenditure of funds from bonds for plugging wells

  82-11-136. (Temporary) Expenditure of funds from bonds for plugging wells. The board may accept and expend all funds received by it from bonds for properly plugging dry or abandoned wells as authorized in 82-11-123(5).   82-11-136. (Effective on occurrence of contingency) Expenditure of funds from bonds for plugging wells. (1) The board may accept and expend all funds received by it from bonds for properly plugging dry or abandoned wells as authorized in 82-11-123(1)(e).   (2) The board may accept and expend all funds received by it from bonds for properly plugging abandoned carbon dioxide injection wells as authorized in 82-11-123(1)(f).   History: En. Sec. 4, Ch. 265, L. 1987; amd. Sec. 61, Ch. 422, L. 1997; amd. Sec. 19, Ch. 474, L. 2009.
MT Code § 82-11-137 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-137. Class II injection well operating fee

  82-11-137. (Temporary) Class II injection well operating fee. (1) For the purpose of providing funds for defraying the expenses of operating and enforcing the class II injection well regulatory program, as defined by the federal environmental protection agency or any successor agency, each operator of a class II injection well may be required to pay an annual operating fee not to exceed $300 per injection well.   (2) The department shall collect the operating fee at such time as the board may prescribe by rule. All money collected under this section must be forwarded to the state treasurer for deposit in the state special revenue fund and must be used for the purpose prescribed in subsection (1).   (3) The board shall, by rule adopted pursuant to the provisions of the Montana Administrative Procedure Act, fix the amount of the fee described in subsection (1) and may from time to time reduce or increase the amount thereof as the expenses chargeable against the state special revenue fund may require. However, the assessment fixed by the board may not exceed the limits prescribed in subsection (1). The amount of the fee must be expressed in dollars.   82-11-137. (Effective on occurrence of contingency) Class II injection well operating fee -- carbon dioxide injection well operating fee. (1) For the purpose of providing funds for defraying the expenses of operating and enforcing:   (a) the class II injection well regulatory program, as defined by the federal environmental protection agency or any successor agency, each operator of a class II injection well may be required to pay an annual operating fee not to exceed $300 per injection well; and   (b) the carbon dioxide injection well regulatory program, each geologic storage operator of a carbon dioxide injection well may be required to pay an annual operating fee not to exceed $5,000 per injection well.   (2) The department shall collect the operating fee at a time established by board rule. All money collected under this section must be forwarded to the state treasurer for deposit in the state special revenue fund and must be used for the purpose prescribed in subsection (1).   (3) The board shall, by rule adopted pursuant to the provisions of the Montana Administrative Procedure Act, fix the amount of the fee described in subsection (1) and may from time to time reduce or increase the amount of the fee as the expenses chargeable against the state special revenue fund may require. However, the assessment fixed by the board may not exceed the limits prescribed in subsection (1). The amount of the fee must be expressed in dollars.   History: En. Sec. 13, Ch. 503, L. 1987; amd. Sec. 20, Ch. 474, L. 2009.
MT Code § 82-11-138 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-138. Rulemaking -- microbial conversion wells

  82-11-138. Rulemaking -- microbial conversion wells. The board may adopt rules necessary to regulate well injections to restore or enhance the microbial conversion of hydrocarbon substrates to methane gas as class II injection wells.   History: En. Sec. 1, Ch. 184, L. 2011.
MT Code § 82-11-139 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-139. and 82-11-140 reserved

  82-11-139 and 82-11-140 reserved.
MT Code § 82-11-141 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-141. Administrative procedure

  82-11-141. Administrative procedure. (1) Unless otherwise provided, the Montana Administrative Procedure Act applies to this chapter.   (2) An order or amendment of an order, except in an emergency, may not be made by the board without a public hearing upon at least 10 days' notice. The public hearing must be held at a time and place as prescribed by the board, and any interested person is entitled to be heard.   (3) When an emergency requiring immediate action is found to exist, the board may issue an emergency order without advance notice or hearing that is effective upon promulgation. An emergency order may not remain in effect beyond the next regular meeting of the board.   (4) (a) If notice is required by the chapter and the Montana Administrative Procedure Act does not apply, the notice must be made by publication in one or more issues of a newspaper in general circulation in Helena and a newspaper of general circulation in the county where the land or some part of the land is situated, and the board may also cause publication to be made in a trade journal or bulletin of general circulation in the oil and gas industry in the state.   (b) At least 20 days prior to the public hearing, a person who applies to establish a well spacing unit under 82-11-201 or who applies to pool all interests in a well spacing unit pursuant to 82-11-202 shall cause written notice of any hearing on the application to be served upon the record owners of the oil and gas and leasehold interests sought to be spaced or pooled. Notice must be given by mailing the written notice, postage prepaid, to their addresses as shown by the record of the county clerk and recorder at the time the notice is given.   (5) If written notice is not possible, proof of service by publication under subsection (4) must be made by the affidavit of the printer or publisher of the newspaper, trade journal, or bulletin in which the notice is published or by a supervisor or principal clerk of the newspaper, bulletin, or trade journal.   (6) Except as provided otherwise in this chapter, the board may act upon its own motion or upon the petition of an interested person. On the filing of a petition concerning a matter within the jurisdiction of the board, the board shall promptly fix a date for a hearing on the petition and shall cause notice of the hearing to be given. The hearing must be held without undue delay after the filing of the petition. The board shall enter its order within 30 days after the hearing.   History: En. Sec. 9, Ch. 238, L. 1953; amd. Sec. 1, Ch. 213, L. 1961; amd. Sec. 71, Ch. 253, L. 1974; R.C.M. 1947, 60-132; amd. Sec. 6, Ch. 19, L. 1979; amd. Sec. 1, Ch. 238, L. 1987; amd. Sec. 5, Ch. 503, L. 1987; amd. Sec. 2742, Ch. 56, L. 2009.
MT Code § 82-11-143 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-143. Rehearing

  82-11-143. Rehearing. A person adversely affected by a rule or order of the board may within 20 days after its effective date apply to the board in writing for a rehearing. The application for rehearing must be acted upon at the board's next regularly scheduled meeting after filing of the application, and if granted, the rehearing must be held without undue delay.   History: En. Sec. 11, Ch. 238, L. 1953; amd. Sec. 73, Ch. 253, L. 1974; R.C.M. 1947, 60-134; amd. Sec. 1, Ch. 363, L. 1991.
MT Code § 82-11-144 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-144. Court review

  82-11-144. Court review. Any interested person adversely affected by any provision of this chapter or by any rule or order adopted by the board hereunder or by any act done or threatened thereunder may obtain court review and seek relief by a suit for an injunction against the board as defendant, which suit may be instituted in the district court of the county where the board keeps its principal office or in the district court of any county wherein the land involved or any part thereof is situated. The term "interested person", as used herein, shall be interpreted broadly and liberally, especially where the suit involves the right to drill a well or involves some other act which clearly affects the plaintiff even though the effect is indirect. If the act complained of involves a general order for a pool or the right to drill a well therein, a person who owns or has an interest in a well in the pool, which well is capable of producing oil or gas, shall be considered to be prima facie an interested person. The suit shall be given a preferential setting and shall be tried de novo and disposed of as an ordinary civil suit and not upon the record of any hearing before the board. The statute, rule, order, or decision involved in the suit shall be prima facie valid; however, the finding of fact, actual or presumed, made by the board in support of the rule, order, or decision involved in the suit is not binding on the court though supported by evidence introduced at a hearing before the board. The court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any board action. The court shall:   (1) compel board action unlawfully withheld or unreasonably delayed;   (2) hold unlawful and set aside board action, findings, and conclusions found to be:   (a) arbitrary, unreasonable, capricious, and abuse of discretion or otherwise not in accordance with law;   (b) contrary to constitutional right, power, privilege, or immunity;   (c) in excess of statutory jurisdiction, authority, or limitations or short of statutory right;   (d) without observance of procedure required by law; or   (e) unwarranted by the facts; and   (3) consider all the evidence, pass on the credibility of witnesses and the weight to be given their testimony, and resolve such fact issues as may be necessary for decision in the case.   History: En. Sec. 12, Ch. 238, L. 1953; amd. Sec. 74, Ch. 253, L. 1974; R.C.M. 1947, 60-135(1).
MT Code § 82-11-145 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-145. Injunction or restraining order

  82-11-145. Injunction or restraining order. (1) A temporary restraining order or temporary injunction of any kind may not be granted against the board and its members or against the attorney general or against an employee of the board, restraining the board and its members or employees or the attorney general from enforcing this chapter or any rule or order made thereunder, until it is shown to the satisfaction of the court that the act done or threatened is probably without sanction of the law or that the provisions of this chapter or the rule or order complained of is probably invalid or unreasonable and that, if enforced against the complaining party, will probably cause an irreparable injury.   (2) With respect to an order or decree granting temporary injunctive relief, the nature and extent of the probable invalidity of the statute or of any provision of this chapter or of a rule or order thereunder involved in the suit must be recited in the order or decree granting the temporary relief, as well as a clear statement of the probable damage relied upon by the court as justifying temporary injunctive relief.   (3) A temporary restraining order or temporary injunction of any kind against the board or its members or its employees or the attorney general may not be effective until the plaintiff executes a bond with sufficient sureties in such amount and upon such conditions as the court directs. The bond shall be made payable to the state of Montana, shall be approved by the judge of the court, and shall be for the use and benefit of all persons who may be injured by the acts done under the protection of the temporary restraining order or temporary injunction. A person claiming injury must bring suit within 6 months after the date of the final determination of the validity in whole or in part of the provisions of the chapter or the rule or order, the enforcement of which was enjoined; otherwise the right to bring such suit is forever barred.   History: En. Sec. 12, Ch. 238, L. 1953; amd. Sec. 74, Ch. 253, L. 1974; R.C.M. 1947, 60-135(2), (3).
MT Code § 82-11-146 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-146. Appeal

  82-11-146. Appeal. An appeal to the supreme court may be taken from any final judgment, decree, or order in the action, as provided in the Montana Rules of Appellate Procedure.   History: En. Sec. 12, Ch. 238, L. 1953; amd. Sec. 74, Ch. 253, L. 1974; R.C.M. 1947, 60-135(4).
MT Code § 82-11-147 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-147. Violations

  82-11-147. Violations. (1) Notwithstanding any other provisions of this chapter, if the board finds upon receipt of evidence:   (a) that a person is violating or threatening to violate this chapter or a rule or order of the board, the board may bring suit against that person in the district court of any county where the violation occurs or is threatened to restrain the person from continuing the violation or from carrying out the threat of violation; or   (b) that a person is violating this chapter or a rule or order of the board in a manner for which the board is authorized to institute proceedings pursuant to 82-11-149, the board may issue an order either assessing a civil penalty in the amount prescribed in 82-11-149, up to a maximum administrative penalty of $125,000, or requiring compliance with this chapter or a rule or order, or both.   (2) In a suit under subsection (1)(a), the court may grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders.   History: En. Sec. 13, Ch. 238, L. 1953; amd. Sec. 75, Ch. 253, L. 1974; R.C.M. 1947, 60-136; amd. Sec. 10, Ch. 503, L. 1987.
MT Code § 82-11-148 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-148. Criminal penalties

  82-11-148. Criminal penalties. A person is guilty of a misdemeanor and shall be subject to a fine of not more than $10,000 per day of violation or imprisonment in a county jail for a term not exceeding 6 months or to both the fine and imprisonment if that person willfully violates any lawful rule or order of the board or if that person, for the purpose of evading this chapter or any rule or order of the board, knowingly and willfully:   (1) makes or causes to be made a false entry or statement in a report required by this chapter or by a rule or order of the board or a false entry in a record, account, or memorandum required by this chapter or by a rule or order;   (2) omits or causes to be omitted from the record, account, or memorandum full, true, and correct entries as required by this chapter or by a rule or order; or   (3) removes from this state or destroys, mutilates, alters, or falsifies the record, account, or memorandum.   History: En. Sec. 19, Ch. 238, L. 1953; amd. Sec. 78, Ch. 253, L. 1974; R.C.M. 1947, 60-142; amd. Sec. 12, Ch. 503, L. 1987.
MT Code § 82-11-149 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-149. Civil penalties

  82-11-149. Civil penalties. (1) A person is guilty of a misdemeanor and is subject to a civil penalty of at least $75 and not more than $10,000 a day for each violation if that person violates any rule or order of the board or a provision of this chapter. Each day of violation constitutes a separate violation.   (2) Action under this section does not bar enforcement of this chapter or of rules or orders issued under it by injunction or other appropriate remedy.   (3) The board, or the attorney general upon request of the board, shall institute and maintain any enforcement proceedings in the name of the state.   (4) Civil penalties collected pursuant to this section must be deposited in the state general fund.   History: En. Sec. 11, Ch. 503, L. 1987; amd. Sec. 2, Ch. 363, L. 1991; amd. Sec. 73, Ch. 509, L. 1995.
MT Code § 82-11-150 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-150. Legal assistance

  82-11-150. Legal assistance. When requested by the board, the attorney general or the county attorneys within their respective counties shall perform legal services and conduct legal proceedings necessary to carry out the purposes of this chapter. The board may also employ legal counsel to enforce this chapter and to conduct proceedings under it.   History: En. Sec. 8, Ch. 503, L. 1987.
MT Code § 82-11-151 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-151. Emergencies -- notice and hearing

  82-11-151. Emergencies -- notice and hearing. (1) Notwithstanding any other provisions of this chapter, if the administrator or a board member finds that a person is committing or about to commit an act in violation of this chapter or any order or rule issued under it that, if it occurs or continues, will cause substantial pollution, the administrator under order of the board or the board member is authorized to order the person to stop, avoid, or moderate the act, including immediate closure or shutdown of any well. This authority is limited to acts the harmful effects of which will not be remedied immediately after the commission or cessation of the act or will represent an immediate threat to public health, safety, or welfare.   (2) When any emergency requiring immediate action is found pursuant to subsection (1), the board is authorized to issue an emergency order without notice or hearing, which is effective upon issuance as provided in 82-11-141(3).   (3) The board may have written notice served, personally or by mail, on the alleged violator or the violator's agent. The notice must state the provision alleged to be violated, the facts alleged to constitute the violation, the nature of corrective action the board requires, and the time within which the action is to be taken. For the purposes of this section, service by mail is complete on the date of mailing.   (4) The notice must indicate that the order is an emergency order.   (5) Pursuant to 82-11-141(3), the board may consider the emergency order at its next regular meeting, without compliance with the notice requirements of this chapter if they cannot be accomplished within the time available, and enter a second emergency order.   (6) Upon issuing an order under subsection (2), the board may fix a place and time for a hearing, not later than 5 days after issuance unless the person to whom the order is directed requests a later time. The board may deny a request for a later time if it finds that the person to whom the order is directed is not complying with the order. If the board considers it practicable, the hearing must be held in the county where the violation is alleged to have occurred. As soon as practicable after the hearing, the board shall affirm, modify, or set aside the order.   (7) If the order of the board is affirmed, it must be accompanied by a statement specifying the date or dates by which a violation must cease and may prescribe timetables for necessary action in preventing, abating, or controlling the pollution. An action for review of the order of the board may be initiated in the manner specified in 82-11-144. The initiation of an action or taking of an appeal may not stay the effectiveness of the order unless the court finds that the board did not have reasonable cause to issue an order under this section.   History: En. Sec. 9, Ch. 503, L. 1987; amd. Sec. 2744, Ch. 56, L. 2009.
MT Code § 82-11-152 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-152. through 82-11-160 reserved

  82-11-152 through 82-11-160 reserved.
MT Code § 82-11-162 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-162. Repealed

  82-11-162. Repealed. Sec. 8, Ch. 34, L. 1997.   History: En. Sec. 7, Ch. 530, L. 1989; amd. Sec. 49, Ch. 451, L. 1995.
MT Code § 82-11-163 (2021)
2021 Montana Code Annotated|Title 82. Minerals, Oil, and Gas|Chapter 11. Oil and Gas Conservation|Part 1. Regulation by Board of Oil and Gas Conservation|82-11-163. Landowner's bond on noncommercial well

  82-11-163. (Temporary) Landowner's bond on noncommercial well. If the owner of the surface land upon which has been drilled a well that fails to produce oil or gas in commercial quantities acquires the well for domestic purposes, the board may cancel and absolve the bond required in 82-11-123 upon its acceptance of surety in the form of a certificate of deposit or a surety bond in the amount of $5,000 for a single well or in the amount of $10,000 for more than one well or in the form of a property bond of two times the value of the required certificate of deposit or surety bond. The release of the certificate of deposit, surety bond, or property bond must be conditioned on proof provided by the landowner that the well has been properly plugged.   82-11-163. (Effective on occurrence of contingency) Landowner's bond on noncommercial well. If the owner of the surface land upon which has been drilled a well that fails to produce oil or gas in commercial quantities acquires the well for domestic purposes, the board may cancel and absolve the bond required in 82-11-123(1)(e) upon its acceptance of surety in the form of a certificate of deposit or a surety bond in the amount of $5,000 for a single well or in the amount of $10,000 for more than one well or in the form of a property bond of two times the value of the required certificate of deposit or surety bond. The release of the certificate of deposit, surety bond, or property bond must be conditioned on proof provided by the landowner that the well has been properly plugged.   History: En. Sec. 8, Ch. 530, L. 1989; amd. Sec. 1, Ch. 278, L. 1999; amd. Sec. 22, Ch. 474, L. 2009.