reglab/housing_qa huggingface dataset:
MT Code § 75-10-1601 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 16. Libby Asbestos Cleanup Operation|75-10-1601. Libby asbestos superfund oversight committee -- duties

  75-10-1601. Libby asbestos superfund oversight committee -- duties. (1) There is a Libby asbestos superfund oversight committee. The oversight committee is attached to the department of environmental quality for administrative purposes only, as prescribed in 2-15-121.  (2) The oversight committee consists of:   (a) the director of the department of environmental quality or the director's designated representative;   (b) a Lincoln County commissioner designated by the commission;   (c) a citizen of Lincoln County nominated by the Lincoln County commission and selected by the governor;   (d) one member of the house of representatives whose district includes at least a portion of Lincoln County appointed by the speaker of the house; and   (e) one member of the senate whose district includes at least a portion of Lincoln County appointed by the senate president.   (3) The oversight committee shall select a presiding officer.   (4) The oversight committee shall meet at least quarterly to fulfill the requirements of this section.   (5) Duties of the oversight committee include:   (a) monitoring activities related to the Libby asbestos superfund site;   (b) assisting in the implementation of final cleanup and long-term operation and maintenance plans for the Libby asbestos superfund site;   (c) reviewing documents and providing comments and recommendations to the department of environmental quality and to local governments and appropriate federal agencies regarding the Libby asbestos superfund site;   (d) assisting in the preparation and dissemination of reports and other information as necessary;   (e) providing recommendations to the department of environmental quality regarding the administration of:   (i) the Libby asbestos cleanup trust fund provided for in 75-10-1603; and   (ii) the Libby asbestos cleanup operation and maintenance account provided for in 75-10-1604;   (f) initiating and striving to maintain negotiations with the department of environmental quality, the environmental protection agency, and any other entity with a goal of reducing the state and federal roles in the long-term operation and maintenance work at the Libby asbestos superfund site while increasing the role of Lincoln County in expending funds and managing and implementing operation and maintenance activities; and   (g) submitting a report to the environmental quality council annually in accordance with 5-11-210.   (6) Unless otherwise provided by law, each member is entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred while performing oversight committee duties.   History: En. Sec. 1, Ch. 317, L. 2017; amd. Sec. 1, Ch. 76, L. 2019; amd. Sec. 103, Ch. 261, L. 2021.
MT Code § 75-10-1602 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 16. Libby Asbestos Cleanup Operation|75-10-1602. Repealed

  75-10-1602. Repealed. Sec. 3, Ch. 76, L. 2019.   History: En. Sec. 2, Ch. 317, L. 2017.
MT Code § 75-10-1603 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 16. Libby Asbestos Cleanup Operation|75-10-1603. Libby asbestos cleanup trust fund

  75-10-1603. Libby asbestos cleanup trust fund. (1) There is established a fund of the permanent fund type to pay exclusively for the cost to the state of cleanup and long-term operation and maintenance at the Libby asbestos superfund site.   (2) The fund is financed with:   (a) 20% of the funds allocated for the cleanup and long-term operation and maintenance costs pursuant to 75-10-704;   (b) any funds remaining at the end of each fiscal year in the Libby asbestos cleanup operation and maintenance account provided for in 75-10-1604; and   (c) other sources of funding that the legislature or congress may from time to time provide.   (3) The fund must be invested by the board of investments pursuant to Title 17, chapter 6, part 2, and the earnings from the investment must be credited to the principal of the fund until the year 2028.   (4) The annual earnings on the fund for the year 2029 and for each succeeding year may be appropriated for the purposes of subsection (1).   (5) The principal of the fund must remain inviolate unless appropriated by a vote of two-thirds of the members of each house of the legislature. An appropriation of the principal may be made only for payment of the costs of cleanup and long-term operation and maintenance costs.   History: En. Sec. 3, Ch. 317, L. 2017.
MT Code § 75-10-1604 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 16. Libby Asbestos Cleanup Operation|75-10-1604. Libby asbestos cleanup operation and maintenance account

  75-10-1604. Libby asbestos cleanup operation and maintenance account. (1) There is a Libby asbestos cleanup operation and maintenance account in the state special revenue fund established in 17-2-102. Subject to appropriation by the legislature, money deposited in the account must be used for:   (a) cleanup and long-term operation and maintenance costs at the Libby asbestos superfund site; and   (b) administrative costs for the Libby asbestos superfund oversight committee, not to exceed 25% of the annual appropriation.   (2) The following funds must be deposited in the account:   (a) 80% of the funds allocated for the cleanup and long-term operation and maintenance costs pursuant to 75-10-704;   (b) money received by the department of environmental quality in the form of grants, gifts, transfers, bequests, and donations, including donations limited in their purpose by the grantor, or appropriations from any source intended to be used for the purposes of this account; and   (c) any interest or income earned on the account.   (3) Any unspent or unencumbered money in the account at the end of a fiscal year must be transferred to the Libby asbestos cleanup trust fund.   History: En. Sec. 4, Ch. 317, L. 2017; amd. Sec. 2, Ch. 76, L. 2019.
MT Code § 75-11-201 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-201. Short title

  75-11-201. Short title. This part may be cited as the "Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act".   History: En. Sec. 1, Ch. 594, L. 1989; amd. Sec. 1, Ch. 506, L. 1999.
MT Code § 75-11-202 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-202. Intent, findings, and purpose

  75-11-202. 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 Installer and Inspector Licensing and Permitting 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) Leaking underground storage tank systems have been identified as a significant source of underground contamination and as a potential hazard for fire and explosion. Government and industry studies show that a major cause of leaking underground storage tanks is improper installation or closure. Proper installation, closure, and inspection require specialized knowledge, training, and experience.   (3) To protect the health of Montana citizens and the quality of state waters and other natural resources, it is the intent of the legislature to require permits for the installation or closure of underground storage tank systems; to limit the conduct of these activities to persons with demonstrated competence, training, and experience; and to provide for permitting, licensing, and inspection activities.   History: En. Sec. 2, Ch. 594, L. 1989; amd. Sec. 1, Ch. 200, L. 1993; amd. Sec. 2, Ch. 506, L. 1999; amd. Sec. 18, Ch. 361, L. 2003.
MT Code § 75-11-204 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-204. Rulemaking authority

  75-11-204. Rulemaking authority. (1) The department may adopt rules governing the installation and closure of underground storage tank systems and rules providing for the inspection of underground storage tank systems. Rules may include but are not limited to the following:   (a) the requirements for issuance, denial, renewal, modification, suspension, and revocation of permits for the installation and closure of underground storage tank systems;   (b) the requirements for issuance, denial, renewal, modification, suspension, and revocation of licenses for underground storage tank system installers and inspectors. The license for inspectors must be separate from the license for installers.   (c) the requirements for examination and training of underground storage tank system installers and inspectors;   (d) the requirements for qualifications of inspectors, use of inspectors, and methods for conducting an inspection. The department shall adopt separate qualifications for installers and inspectors.   (e) a schedule of fees for obtaining licenses and license renewals by underground storage tank system installers and inspectors;   (f) a schedule of fees for the review of applications for underground storage tank system permits;   (g) a schedule of fees for inspection of installations or closures; and   (h) the mechanism for remittance of inspection or permitting fees to local governments.   (2) Licensed inspectors employed by a local government unit designated pursuant to 75-11-213 or 75-11-505 and associated rules are exempt from the licensing fees described in this section.   History: En. Sec. 4, Ch. 594, L. 1989; amd. Sec. 3, Ch. 200, L. 1993; amd. Sec. 4, Ch. 506, L. 1999.
MT Code § 75-11-205 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-205. through 75-11-208 reserved

  75-11-205 through 75-11-208 reserved.
MT Code § 75-11-209 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-209. Permits -- requirement for licensed installer

  75-11-209. Permits -- requirement for licensed installer. (1) A person may not install or close, or cause to be installed or closed, an underground storage tank system without a permit issued by the department as provided in 75-11-212.   (2) In addition to obtaining a permit, an owner or operator shall obtain the services of a licensed installer for the installation or closure of an underground storage tank system unless the installation or closure is inspected by a department inspector or a designated local inspector as provided in 75-11-213.   History: En. Sec. 5, Ch. 594, L. 1989; amd. Sec. 4, Ch. 200, L. 1993; amd. Sec. 2, Ch. 641, L. 1993; amd. Sec. 2, Ch. 568, L. 1995.
MT Code § 75-11-210 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-210. Licensing -- interim licenses -- regular licenses

  75-11-210. Licensing -- interim licenses -- regular licenses. (1) An installer may not install or close an underground storage tank system unless that person has a valid license issued by the department.   (2) The department shall grant an installer a regular license if the installer demonstrates competency and experience in the installation and closure of underground storage tank systems, passes a written examination conducted by the department, and pays the license fee established by department rule.   (3) The department shall conduct written examinations for the purpose of qualifying individuals to receive an underground storage tank system installer license. The department shall determine the times and locations of the examinations and shall provide public notice of the examinations.   (4) An underground storage tank system installer license is valid for a period not to exceed 3 years and is subject to periodic renewal as prescribed by department rule.   (5) As a condition of renewal, the department may require that an installer demonstrate continuing competency in the installation and closure of tank systems.   (6) An installer need not be a Montana resident to qualify for a license.   History: En. Sec. 6, Ch. 594, L. 1989; amd. Sec. 5, Ch. 200, L. 1993.
MT Code § 75-11-211 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-211. Denial, modification, suspension, or revocation of installer or inspector license -- grounds

  75-11-211. Denial, modification, suspension, or revocation of installer or inspector license -- grounds. (1) The department may deny, modify, condition, suspend, or revoke a license if the installer or inspector:   (a) fails to achieve a passing grade on a written examination;   (b) fails to pay the license fee imposed under this part;   (c) commits fraud or deceit with respect to the license or permit application or an inspection report submitted to the department;   (d) has had suspended or revoked:   (i) a license issued under this part; or   (ii) a similar license in another state or territory; or   (e) violates any state or federal law, rule, permit, or order relating to the installation or closure of an underground storage tank system.   (2) If the department modifies, conditions, suspends, or revokes a license, it shall inform the applicant or license holder in writing of the reason for the action. The applicant or license holder may request a hearing before the board. If the board grants a hearing, the hearing must be held in accordance with the provisions of the Montana Administrative Procedure Act.   History: En. Sec. 7, Ch. 594, L. 1989; amd. Sec. 6, Ch. 200, L. 1993; amd. Sec. 5, Ch. 506, L. 1999.
MT Code § 75-11-212 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-212. Permits -- application procedure -- issuance

  75-11-212. Permits -- application procedure -- issuance. (1) Before the installation or closure of an underground storage tank system, the owner or operator or the owner's or operator's designated licensed underground storage tank installer or remover shall file a permit application with the department on forms provided by the department. The time between the filing of a permit application with the department and the installation or closure may be provided by department rule. The department may provide by rule for emergency permits to apply to emergency conditions pertaining to the installation or closure of underground storage tanks.   (2) The permit application must, at a minimum, require the owner or operator to provide information concerning:   (a) the date of the underground storage tank system installation or closure;   (b) the location of the underground storage tank system installation or closure;   (c) the type of construction of the underground storage tank system;   (d) the contents of the underground storage tank system being closed or the anticipated contents of the tank being installed; and   (e) the name of the licensed installer who will be installing or closing the underground storage tank system or, if the owner or operator is not going to have the underground storage tank system installed or closed by a licensed installer, the estimated date for inspection by the department.   (3) After receipt of a completed application that meets the requirements of this section and any rules adopted under 75-11-204, the department shall issue the permit.   History: En. Sec. 8, Ch. 594, L. 1989; amd. Sec. 7, Ch. 200, L. 1993; amd. Sec. 3, Ch. 641, L. 1993; amd. Sec. 6, Ch. 506, L. 1999.
MT Code § 75-11-213 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-213. Inspection of installations and closures -- fee

  75-11-213. Inspection of installations and closures -- fee. (1) After being issued a permit, an owner or operator may obtain an inspection by the department in lieu of obtaining the services of a licensed installer. The owner or operator shall provide timely notice to the department of the date and location of the underground storage tank system installation or closure and shall establish with the department the time when an inspection may be conducted.   (2) An owner or operator may conduct an installation or closure under this section only if an inspector is present.   (3) An inspection fee must be paid by the owner or operator to the department to cover the costs associated with an inspection. The inspection is not considered complete until the owner or operator pays the fee.   (4) Department officials or local government officers, such as local health officers, sanitarians, local fire chiefs, or other persons designated or hired by the department, shall conduct inspections on behalf of the department.   (5) The department shall pay the person conducting an inspection on the department's behalf, as provided in subsection (4), from the underground storage tank system license and permit account established in 75-11-227 up to 80% of any fee collected by the department for the inspection. When an inspection is conducted by an officer of a county or city, the payment must be made by the department to the appropriate county or city treasurer. A county or city shall use payments received under this section only for costs incurred in conducting inspections under this section.   (6) A copy of an installation inspection report must be kept on file by the owner or operator for as long as the department may require by rule. A copy of a closure inspection report must be kept by the owner or operator for 3 years after the date of closure.   (7) The department may enter and inspect the premises or any appurtenant property of an owner or operator at any time to ensure compliance with laws or rules pertaining to underground storage tank systems.   History: En. Sec. 9, Ch. 594, L. 1989; amd. Sec. 8, Ch. 200, L. 1993.
MT Code § 75-11-214 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-214. Licensing of inspectors -- interim licenses -- regular licenses

  75-11-214. Licensing of inspectors -- interim licenses -- regular licenses. (1) The department shall grant an inspector license if the inspector demonstrates competency and experience in the inspection of underground storage tank systems, passes a written examination conducted by the department or by an agency or person authorized by the department to give the examination, and pays the license fee.   (2) The department or an agency or person authorized by the department to give the examination shall conduct written examinations for the purpose of qualifying individuals to receive an underground storage tank system inspector license. The department shall provide public notice of the date, time, and location of the examination.   (3) An underground storage tank system inspector license is valid for a period not to exceed 3 years and is subject to periodic renewal as prescribed by department rule.   (4) As a condition of renewal, the department may require that an inspector demonstrate continuing competency in the regulatory requirements applicable to operation and maintenance of underground storage tank systems.   (5) An inspector need not be a Montana resident to qualify for a license.   History: En. Sec. 9, Ch. 506, L. 1999.
MT Code § 75-11-215 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-215. reserved

  75-11-215 reserved.
MT Code § 75-11-216 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-216. Terminated

  75-11-216. Terminated. Sec. 7, Ch. 568, L. 1995.   History: En. Sec. 3, Ch. 568, L. 1995.
MT Code § 75-11-217 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-217. Repealed

  75-11-217. Repealed. Sec. 4, Ch. 568, L. 1995.   History: En. Sec. 10, Ch. 594, L. 1989; amd. Sec. 9, Ch. 200, L. 1993.
MT Code § 75-11-218 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act|75-11-218. Administrative enforcement

  75-11-218. Administrative enforcement. (1) When the department believes that a person has violated this part, a rule adopted under this part, or a permit provision, it may serve written notice of the violation on the person or the person's agent. The notice must specify the alleged violation and the facts that constitute the alleged violation. The notice may include an order to provide information pertaining to the installation, closure, or inspection, an order to take necessary corrective action within a reasonable time as stated in the order, or an order assessing an administrative penalty pursuant to 75-11-223. A notice and order must be signed by the director of the department or the director's designee and must be served personally or by certified mail upon the person or the person's agent. The order becomes final unless, within 30 days after the notice is served, the person requests in writing a hearing before the board. On receipt of the request, the board shall schedule a hearing. Service by mail is complete on the date of mailing.   (2) If, pursuant to a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or modify the department's order. An order issued by the department or the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after a hearing, the board finds that a violation has not occurred, it shall rescind the department's order.   (3) In addition to or instead of issuing an order pursuant to subsection (1), the department may either:   (a) require the alleged violator to appear before the board for a hearing at a time and place specified in the notice and answer the charges described in the notice of violation; or   (b) initiate action under 75-11-219, 75-11-223, or 75-11-224.   (4) This section does not prevent the board or department from attempting to obtain voluntary compliance through issuance of a warning, a conference, or any other appropriate administrative or judicial means.   (5) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.   History: En. Sec. 11, Ch. 594, L. 1989; amd. Sec. 10, Ch. 200, L. 1993; amd. Sec. 7, Ch. 506, L. 1999; amd. Sec. 5, Ch. 443, L. 2005.