reglab/housing_qa huggingface dataset:
MT Code § 75-10-702 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-702. Rulemaking authority

  75-10-702. Rulemaking authority. (1) The department is authorized to adopt rules for the implementation of this part, including but not limited to:   (a) rules for listing and delisting facilities on a priority list, required by 75-10-704, based on the following criteria:   (i) a facility eligible for listing must have a confirmed release or substantial threat of a release of a hazardous or deleterious substance that may pose an imminent and substantial threat to public health, safety, or welfare or the environment and the department shall provide a written description of the nature and severity of the threat;   (ii) if remedial actions to address the hazardous or deleterious substances are required at the facility by another state program, the department shall explain, in writing, its rationale for listing the facility;   (iii) listing and delisting must be done through a formal process that provides for public participation, including participation of the affected or potentially liable persons in the decisionmaking process, by giving public notice and providing opportunity for at least one public meeting in the community most likely to be threatened by the facility that is proposed for listing or delisting; and   (iv) a facility must be delisted when another state program assumes jurisdiction or when further remedial actions are not necessary;   (b) rules for establishing and implementing a system for prioritizing facilities, including categories for maximum and high-priority facilities, as required by 75-10-704, for remedial action based on potential effects on human health and the environment.   (2) The rulemaking authority granted in subsection (1) may not invalidate the existing priorities list. Rules promulgated pursuant to subsection (1) must provide for the reevaluation of facilities on the existing priorities list. A decision by the department to list, delist, or establish a priority for a facility must be made in writing.   (3) The department shall adopt, amend, or repeal rules that allow for the joint selection of remedial action contractors acceptable to the department and any person liable for remedial action under 75-10-715.   History: En. Sec. 7, Ch. 711, L. 1985; amd. Sec. 5, Ch. 415, L. 1997; (3)En. Sec. 5, Ch. 539, L. 1997.
MT Code § 75-10-703 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-703. Actions -- general provisions

  75-10-703. Actions -- general provisions. (1) No action taken by any person to contain or remove a release, whether the action is taken voluntarily or at the request of the department or its designee, may be construed as an admission of liability for the discharge.   (2) Actions taken by the department pursuant to 75-10-711 and 75-10-712 are not subject to the public bidding requirements of Title 18.   History: En. Sec. 5, Ch. 711, L. 1985.
MT Code § 75-10-705 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-705. Short title

  75-10-705. Short title. This part may be cited as the "Comprehensive Environmental Cleanup and Responsibility Act".   History: En. Sec. 1, Ch. 709, L. 1989.
MT Code § 75-10-706 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-706. Purpose -- intent

  75-10-706. Purpose -- intent. (1) The purposes of this part are to:   (a) protect the public health and welfare of all Montana citizens against the dangers arising from releases of hazardous or deleterious substances;   (b) encourage private parties to clean up sites within the state at which releases of hazardous or deleterious substances have occurred, resulting in adverse impacts on the health and welfare of the citizens of the state and on the state's natural, environmental, and biological systems; and   (c) provide for funding to study, plan, and undertake the rehabilitation, removal, and cleanup of sites within the state at which no voluntary action has been taken.   (2) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Comprehensive Environmental Cleanup and Responsibility 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.   History: En. Sec. 2, Ch. 709, L. 1989; amd. Sec. 16, Ch. 361, L. 2003; amd. Sec. 1, Ch. 342, L. 2013.
MT Code § 75-10-708 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-708. through 75-10-710 reserved

  75-10-708 through 75-10-710 reserved.
MT Code § 75-10-712 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-712. Emergency action

  75-10-712. Emergency action. If the department determines that immediate response to an imminent threat to public health, safety, or welfare or the environment is necessary to avoid substantial injury or damage to persons, property, or resources, remedial action may be taken pursuant to 75-10-711(1) without the prior written notice required by 75-10-711(3). The department shall give subsequent written notice to a person who is liable or potentially liable under 75-10-715(1) within 30 days after the action is taken, describing the circumstances that required the action to be taken without prior notice.   History: En. Sec. 4, Ch. 711, L. 1985; amd. Sec. 7, Ch. 709, L. 1989; amd. Sec. 2, Ch. 383, L. 2001.
MT Code § 75-10-713 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-713. Public notice of remedial action, administrative order, or consent decree -- comments -- meeting -- response

  75-10-713. Public notice of remedial action, administrative order, or consent decree -- comments -- meeting -- response. (1) (a) Except as provided in 75-10-712, before final approval by the director of the department of any administrative order on consent, issued pursuant to 75-10-711, or before judicial approval of a consent decree issued pursuant to this part, the department shall:   (i) publish a notice and brief description of the proposed order or decree in a daily newspaper of general circulation in the area affected and make copies of the proposal available to the public;   (ii) provide at least 30 days (or whatever additional time the department may in its discretion grant upon written request) for submission of written comments regarding the proposed order or decree and upon written request by 10 or more persons or by a group having 10 or more members (but not including a liable person), conduct a public meeting at or near the facility for the purpose of receiving verbal comment regarding the proposed order or decree; and   (iii) consider and respond to relevant written or verbal comments properly submitted during the comment period or at the public meeting.   (b) The administrative record supporting the department's approved order or decree must contain the department's response summary prepared pursuant to subsection (1)(a)(iii).   (2) Except as provided in 75-10-712, upon making a final decision regarding the proposed remedial action, order, or decree, the department shall publish notice, as provided under subsection (1), and make copies of the final decision on the approved order or decree available to the public.   (3) Except as provided in 75-10-712, the department shall:   (a) notify the county commissioners and governing bodies of cities, towns, and consolidated local governments impacted by a proposed remedial action; and   (b) at the request of the county commissioners or the governing body of a city or town or of a consolidated local government impacted by a remedial action, conduct a public meeting.   History: En. Sec. 15, Ch. 709, L. 1989; amd. Sec. 3, Ch. 752, L. 1991.
MT Code § 75-10-714 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-714. Administrative penalties

  75-10-714. Administrative penalties. (1) In lieu of proceeding under 75-10-711(5), the department may assess penalties of not more than $1,000 a day for each violation against a person liable under 75-10-715(1) for a release or threat of release who has failed or refused to comply with an order issued by the department pursuant to 75-10-711(4) or against a person who has failed or refused to comply with an order issued by the department pursuant to 75-10-707(5).   (2) In determining the amount of any penalty assessed pursuant to this section, the department shall take into account the nature, circumstances, extent, and gravity of the noncompliance and, with respect to the person liable under 75-10-715(1):   (a) the person's ability to pay;   (b) any prior history of violations;   (c) the degree of culpability;   (d) the economic benefit or savings, if any, resulting from the noncompliance; and   (e) any other matters that justice may require.   (3) An administrative penalty may not be collected pursuant to this section unless the person charged with the noncompliance is given notice and opportunity for a hearing with respect to the noncompliance. The hearing is before the board of environmental review. A hearing may be requested by submitting a written request stating the reason for the request within 30 days after receipt of the notice of penalty assessment.   (4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.   (5) Administrative penalties collected under this section must be deposited in the environmental quality protection fund established in 75-10-704.   History: En. Sec. 9, Ch. 709, L. 1989; amd. Sec. 3, Ch. 79, L. 2001.
MT Code § 75-10-716 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-716. Definitions

  75-10-716. Definitions. As used in 75-10-717 and this section, the following definitions apply:   (1) "Emergency responder" means a public safety agency or a private entity acting under a request from or authority granted by a government agency, including law enforcement, firefighting, ambulance or medical, and civil defense, that provides services in an emergency situation.   (2) "Hazardous material incident" means a release involving a hazardous or deleterious substance that endangers property, public health, or public safety.   History: En. Sec. 1, Ch. 464, L. 1991.
MT Code § 75-10-717 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-717. Recovery of costs

  75-10-717. Recovery of costs. An emergency responder has the right to recover from the responsible party the emergency responder's full costs directly related to a hazardous material incident.   History: En. Sec. 2, Ch. 464, L. 1991.
MT Code § 75-10-718 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-718. Liability of remedial action contractor

  75-10-718. Liability of remedial action contractor. (1) A person who is a remedial action contractor with respect to a release or threatened release of a hazardous or deleterious substance is not liable under this part to any person for injuries, costs, damages, expenses, or other liability that results from the release or threatened release, including but not limited to claims for indemnification or contribution and claims by third parties for death, personal injury, illness, loss or damage to property, or economic loss.   (2) Immunity from liability, pursuant to subsection (1), does not apply in the case of a release that is caused by conduct of the remedial action contractor that is negligent or grossly negligent or that constitutes intentional misconduct.   (3) This section does not affect the liability of a person under a warranty under federal, state, or common law or the liability to an employee of an employer who is a remedial action contractor under any provision of law, including any provision of a law relating to workers' compensation.   (4) A state agency or state employee or an employee of a political subdivision who provides services relating to remedial action while acting within the scope of the entity's or individual's authority as a governmental agency or employee has the same exemption from liability as is provided to the remedial action contractor under this section.   (5) The defense provided by 75-10-715(5)(c) is not available to a person liable under 75-10-715(1) with respect to remedial action costs or damages caused by an act or omission of a remedial action contractor.   (6) Except as provided in subsections (4) and (5), this section does not affect the liability under this part of a person other than a remedial action contractor.   (7) This section does not affect the plaintiff's burden of establishing liability under this part.   (8) This section does not minimize the liability, lessen the standard of liability, or otherwise shield from liability a potentially liable person under 75-10-715 or section 107 of CERCLA for costs or damages incurred as a result of a release or threatened release of a hazardous or deleterious substance.   History: En. Sec. 8, Ch. 709, L. 1989; amd. Sec. 54, Ch. 16, L. 1991; amd. Sec. 4, Ch. 490, L. 1995.
MT Code § 75-10-720 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-720. Condemnation -- creation of state lien

  75-10-720. Condemnation -- creation of state lien. (1) Whenever the department determines that property upon which a release or threatened release of a hazardous or deleterious substance has occurred may present an imminent and substantial endangerment to the public health, safety, or welfare or the environment, the department may condemn the property for public use to mitigate the threat. The taking of the property must be conducted in accordance with the procedure set forth in Title 70, chapter 30.   (2) All costs, penalties, and natural resource damages for which a person has been judicially determined to be liable to the state pursuant to 75-10-715 constitute a lien in favor of the state upon all property and rights to the property that belong to the person.   (3) The lien imposed by this section arises at the time notice incorporating a description of the property subject to the remedial action and an identification of the amount of costs, penalties, and natural resource damages 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 liable person.   (4) The costs, penalties, and natural resource damages constituting the lien may be recovered in an action in the district court for the district in which the property is located or in which the remedial action is occurring or has occurred. This section does not affect the right of the state to bring an action against a person to recover all costs, penalties, and natural resource damages for which that person is liable under this part or any other provision of state or federal law.   (5) The lien must continue until the liability for the costs and damages incurred as a result of the release of a hazardous or deleterious substance is satisfied.   (6) If the department expends money from the fund for orphan share remedial action costs at a facility or for a facility at which a reimbursed orphan share exists, the state has a lien upon the facility for the unrecovered costs. The lien:   (a) may not exceed the increase in fair market value of the property attributable to the unfunded portion of the remedial action at the time of a subsequent sale or other disposition of the property;   (b) arises at the time costs are first incurred by the department with respect to a remedial action at the facility;   (c) must be filed according to subsection (3); and   (d) continues until the earlier of satisfaction of the lien or recovery of all remedial action costs incurred at the facility.   (7) Payment of any liens under this section must be deposited in one of the two accounts from which the remedial action costs originated, including the fund established in 75-10-704 or the orphan share fund established in 75-10-743.   History: En. Sec. 12, Ch. 709, L. 1989; amd. Sec. 9, Ch. 415, L. 1997; amd. Sec. 89, Ch. 125, L. 2001.
MT Code § 75-10-722 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-722. Payment of state costs and penalties

  75-10-722. Payment of state costs and penalties. (1) The department shall keep a record of the state's remedial action costs.   (2) Based on this record, the department may require a person liable under 75-10-715 to pay the amount of the state's remedial action costs, including interest and, if applicable, penalties under 75-10-715(3).   (3) If the state's remedial action costs and penalties are not paid by the liable person to the department after receipt of notice that the costs and penalties are due, the department may bring an action in the name of the state to recover the amount owed plus reasonable legal expenses.   (4) If the department provides a notice that the state's remedial action costs are due, the department shall assess and collect interest on the unpaid amount at the rate provided for in 25-9-205:   (a) after 30 days of receipt of the notice if the notice covers costs incurred during a time period that is 1 month or less;   (b) after 60 days of receipt of the notice if the notice covers costs incurred during a time period that is more than 1 month and not more than 3 months;   (c) after 90 days of receipt of the notice if the notice covers costs incurred during a time period that is more than 3 months and not more than 6 months; and   (d) after 120 days of receipt of the notice if the notice covers costs incurred during a time period that is more than 6 months.   (5) An action to recover remedial action costs and interest may be brought under this section at any time after any remedial action costs and interest have been incurred, and the court may enter a declaratory judgment on liability for remedial action costs and interest that is binding on any subsequent action or actions to recover further remedial action costs and interest. The court may disallow costs or damages only if the person liable under 75-10-715 can show on the record that the costs are not reasonable and are not consistent with this part. The court may disallow the associated interest if it determines, based on the record, that the liable person can show that the costs are not reasonable.   (6) An initial action brought under 75-10-715(4) or a contribution action for costs incurred under this part must be commenced within 6 years after initiation of physical onsite construction of the final permanent remedy.   (7) Remedial action costs, interest, and any penalties recovered by the state under 75-10-715 must be deposited into the environmental quality protection fund established in 75-10-704.   History: En. Sec. 14, Ch. 709, L. 1989; amd. Sec. 5, Ch. 490, L. 1995; amd. Sec. 3, Ch. 584, L. 1995; amd. Sec. 2, Ch. 326, L. 2001; amd. Sec. 1, Ch. 257, L. 2011.
MT Code § 75-10-723 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-723. Agreements and administrative orders on consent to perform remedial action

  75-10-723. Agreements and administrative orders on consent to perform remedial action. (1) To expedite effective remedial actions and minimize litigation, the department, in its discretion and whenever practicable and in the public interest, may negotiate and enter into an agreement or an administrative order on consent with any person, including the owner or operator of the facility from which a release emanates, to perform a remedial action if the department determines that the action will be properly done by the person. The agreement must contain terms and conditions that the department in its discretion determines to be appropriate.   (2) Whenever the department enters into an administrative order on consent under this section for remedial action or for assessment or payment of natural resource damages, that administrative order on consent must be available for public comment for at least 30 days.   (3) A decision of the department to enter into or not enter into agreements or administrative orders on consent under this section is not subject to judicial review.   History: En. Sec. 16, Ch. 709, L. 1989; amd. Sec. 2, Ch. 539, L. 1997.
MT Code § 75-10-724 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-724. Private right of action

  75-10-724. Private right of action. Any person who receives notice under 75-10-711, who is held jointly and severally liable under 75-10-715, or who initiates a voluntary cleanup under the provisions of 75-10-730 through 75-10-738 may bring a private right of action, including a claim for contribution or declaratory relief, against any other person who is liable or potentially liable under 75-10-715 for the recovery of remedial action costs. In resolving contribution claims, the court shall allocate remedial action costs among the liable persons based on the factors set out in 75-10-750.   History: En. Sec. 17, Ch. 709, L. 1989; amd. Sec. 10, Ch. 415, L. 1997.
MT Code § 75-10-725 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-725. Immunity of fire agency and employees for hazardous or deleterious substance cleanup

  75-10-725. Immunity of fire agency and employees for hazardous or deleterious substance cleanup. A governmental fire agency organized under Title 7, chapter 33, and the employees of the agency are not liable for civil damages, except damages for gross negligence or willful or wanton misconduct, for their acts or omissions that are directly related to the hazardous material incident.   History: En. Sec. 1, Ch. 367, L. 1995; amd. Sec. 44, Ch. 449, L. 2007.