reglab/housing_qa huggingface dataset:
MT Code § 75-20-401 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-401. Additional requirements by other governmental agencies not permitted after issuance of certificate -- exceptions -- venue for challenging certificate issuance

  75-20-401. Additional requirements by other governmental agencies not permitted after issuance of certificate -- exceptions -- venue for challenging certificate issuance. (1) Notwithstanding any other law, a state or regional agency or municipality or other local government may not require any approval, consent, permit, certificate, or other condition for the construction, operation, or maintenance of a facility authorized by a certificate issued pursuant to this chapter, except that the department and board retain the authority that they have or may be granted to determine compliance of the proposed facility with state and federal standards and implementation plans for air and water quality and to enforce those standards.   (2) This chapter does not prevent the application of state laws for the protection of employees engaged in the construction, operation, or maintenance of a facility.   (3) A judicial challenge to a certificate issued pursuant to this chapter by a party other than the certificate holder or applicant must include the party to whom the certificate was issued as provided in this chapter unless otherwise agreed to by the certificate holder or applicant. All judicial challenges of certificates for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.   (4) An action to challenge the issuance of a certificate pursuant to this chapter must be brought in the county in which the activity authorized by the certificate will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.   History: En. Sec. 17, Ch. 327, L. 1973; amd. Sec. 17, Ch. 494, L. 1975; R.C.M. 1947, 70-817; amd. Sec. 18, Ch. 676, L. 1979; amd. Sec. 231, Ch. 418, L. 1995; amd. Sec. 23, Ch. 361, L. 2003; amd. Sec. 10, Ch. 337, L. 2005.
MT Code § 75-20-402 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-402. Monitoring

  75-20-402. Monitoring. The department shall monitor the operations of all certificated facilities for ensuring continuing compliance with this chapter and certificates issued under this chapter and for discovering and preventing noncompliance with this chapter and the certificates. The applicant shall pay all expenses related to the monitoring plan established in 75-20-303(3)(b) or (3)(c) to the extent federal funds available for the facility, as determined by the department, have not been provided for those purposes.   History: En. Sec. 20, Ch. 327, L. 1973; amd. Sec. 4, Ch. 268, L. 1974; amd. Sec. 20, Ch. 494, L. 1975; R.C.M. 1947, 70-820(2); amd. Sec. 19, Ch. 676, L. 1979; amd. Sec. 5, Ch. 591, L. 1985; amd. Sec. 232, Ch. 418, L. 1995; amd. Sec. 19, Ch. 329, L. 1997.
MT Code § 75-20-403 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-403. Revocation or suspension of certificate

  75-20-403. Revocation or suspension of certificate. Following notice and an opportunity for a hearing, a certificate may be revoked or suspended by the department:   (1) for any material false statement in the application or in accompanying statements or studies required of the applicant if a true statement would have warranted the department's refusal to grant a certificate;   (2) for failure to maintain safety standards or to comply with the terms or conditions of the certificate; or   (3) for violation of any provision of this chapter, the rules issued under this chapter, or orders of the department.   History: En. Sec. 18, Ch. 327, L. 1973; amd. Sec. 18, Ch. 494, L. 1975; R.C.M. 1947, 70-818(1); amd. Sec. 2, Ch. 128, L. 1985; amd. Sec. 20, Ch. 329, L. 1997.
MT Code § 75-20-404 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-404. Enforcement of chapter by residents

  75-20-404. Enforcement of chapter by residents. (1) A resident of this state with knowledge that a requirement of this chapter or a rule adopted under it is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of the public officer or employee by a written statement under oath that must state the specific facts of the failure to enforce the requirement or rule. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed under the law of perjury.   (2) If the public officer or employee neglects or refuses for an unreasonable time after receipt of the statement to enforce the requirement or rule, the resident may bring an action of mandamus in the district court of the first judicial district of this state, in and for the county of Lewis and Clark. If the court finds that a requirement of this chapter or a rule adopted under it is not being enforced, the court may order the public officer or employee whose duty it is to enforce the requirement or rule to perform the officer's or employee's duties. If the public officer or public employee fails to do so, the public officer or employee must be held in contempt of court and is subject to the penalties provided by law.   History: En. Sec. 19, Ch. 327, L. 1973; amd. Sec. 19, Ch. 494, L. 1975; R.C.M. 1947, 70-819(1), (2); amd. Sec. 2507, Ch. 56, L. 2009.
MT Code § 75-20-405 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-405. Action to recover damages to water supply

  75-20-405. Action to recover damages to water supply. An owner of an interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from a surface or underground source may sue a person to recover damages for contamination, diminution, or interruption of the water supply proximately resulting from the operation of a facility. The remedies enumerated in this section do not exclude the use of any other remedy that may be available under the laws of the state.   History: En. Sec. 19, Ch. 327, L. 1973; amd. Sec. 19, Ch. 494, L. 1975; R.C.M. 1947, 70-819(3); amd. Sec. 2508, Ch. 56, L. 2009.
MT Code § 75-20-406 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-406. Judicial review of decisions

  75-20-406. Judicial review of decisions. (1) A person aggrieved by the final decision of the department or board on an application for a certificate may obtain judicial review of that decision by the filing of a petition in a state district court of competent jurisdiction. A challenge to the issuance of a certificate must be brought in the county in which the activity authorized by the certificate will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.  (2) The judicial review procedure is the procedure for contested cases under the Montana Administrative Procedure Act.   (3) A judicial challenge to a certificate issued pursuant to this chapter by a party other than the certificate holder or applicant must include the party to whom the certificate was issued as provided in this chapter unless otherwise agreed to by the certificate holder or applicant. All judicial challenges of certificates for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.   History: En. Sec. 12, Ch. 327, L. 1973; amd. Sec. 12, Ch. 494, L. 1975; R.C.M. 1947, 70-812; amd. Sec. 20, Ch. 676, L. 1979; amd. Sec. 8, Ch. 539, L. 1981; amd. Sec. 233, Ch. 418, L. 1995; amd. Sec. 21, Ch. 329, L. 1997; amd. Sec. 13, Ch. 293, L. 2001; amd. Sec. 24, Ch. 361, L. 2003; amd. Sec. 11, Ch. 337, L. 2005; amd. Sec. 72, Ch. 324, L. 2021.
MT Code § 75-20-407 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-407. Jurisdiction of courts restricted

  75-20-407. Jurisdiction of courts restricted. Except as expressly set forth in 75-20-401, 75-20-406, and 75-20-408, no court of this state has jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the board or department under this chapter or to stop or delay the construction, operation, or maintenance of a facility, except to enforce compliance with this chapter or the provisions of a certificate issued pursuant to 75-20-404 and 75-20-405 or 75-20-408.  History: En. Sec. 13, Ch. 327, L. 1973; amd. Sec. 13, Ch. 494, L. 1975; R.C.M. 1947, 70-813; amd. Sec. 73, Ch. 324, L. 2021.
MT Code § 75-20-408 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-408. Penalties for violation of chapter -- civil actions to enforce

  75-20-408. Penalties for violation of chapter -- civil actions to enforce. (1) (a) Whoever commences to construct or operate a facility without first obtaining a certificate required under 75-20-201 or a waiver of the certificate under 75-20-304(2) or, having first obtained a certificate, constructs, operates, or maintains a facility not in compliance with the certificate or violates any other provision of this chapter or any rule or order adopted under this chapter or knowingly submits false information in any report, 10-year plan, or application required by this chapter or rule or order adopted under this chapter or causes any of the aforementioned acts to occur is liable for a civil penalty of not more than $10,000 for each violation. Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.   (b) Each day of a continuing violation constitutes a separate offense.   (c) Penalties are 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 or, if mutually agreed on by the parties in the action, in the district court of the first judicial district, Lewis and Clark County.   (2) Whoever purposely or knowingly violates subsection (1) shall be fined not more than $10,000 for each violation or imprisoned for not more than 1 year, or both. Each day of a continuing violation constitutes a separate offense.   (3) In addition to any penalty provided in subsection (1) or (2), whenever the department determines that a person is violating or is about to violate any of the provisions of this section, it may bring a civil action on behalf of the state in the district court of the first judicial district of Montana, if mutually agreed on by the parties in the action, or in the district court of the county in which the violation occurred or imminent violation will occur, for injunctive or other appropriate relief against the violation and to enforce this chapter or a certificate issued under this chapter. Upon a proper showing, a permanent or preliminary injunction or temporary restraining order must be granted without bond.   (4) All fines and penalties collected must be deposited in the state special revenue fund for the use of the department in administering this chapter.   History: En. Sec. 21, Ch. 327, L. 1973; amd. Sec. 2, Ch. 270 L. 1975; amd. Sec. 21, Ch. 494, L. 1975; R.C.M. 1947, 70-821; amd. Sec. 16, Ch. 68, L. 1979; amd. Sec. 21, Ch. 676, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 22, Ch. 487, L. 2005.
MT Code § 75-20-409 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-409. Optional annual installments for location of facility on landowner's property

  75-20-409. Optional annual installments for location of facility on landowner's property. A landowner upon whose land a facility is proposed to be located has the option of receiving any negotiated settlement for use of the landowner's land, if and when the land is used for a facility, by easement, right-of-way, or other legal conveyance in either a lump sum or in not more than five consecutive annual installments.   History: En. Sec. 1, Ch. 71, L. 1979; amd. Sec. 2509, Ch. 56, L. 2009.
MT Code § 75-20-410 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-410. Order not stayed by appeal -- stay or suspension by court -- limitations

  75-20-410. Order not stayed by appeal -- stay or suspension by court -- limitations. Notwithstanding any contrary provision in the law, the pendency of an appeal from a board order does not automatically stay or suspend the operation of the order. During the pendency of the appeal, the court may upon motion by one of the parties stay or suspend, in whole or in part, the operation of the board's orders on terms the court considers just. The court's action must be in accordance with the practice of courts exercising equity jurisdiction, subject to the following limitations:   (1) No stay may be granted without notice to the parties and an opportunity to be heard by the court.   (2) No board order may be stayed or suspended without finding that irreparable damage would otherwise result to the party seeking the stay or suspension, and any other stay or suspension of a board order must specify the nature of the damage.   History: En. Sec. 24, Ch. 676, L. 1979.
MT Code § 75-20-411 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 4. Postcertification and Legal Responsibilities|75-20-411. Surety bond -- other security

  75-20-411. Surety bond -- other security. If an order of the board is stayed or suspended, the court may require a bond with good and sufficient surety conditioned that the party petitioning for review answer for all damages caused by the delay in enforcing the order of the board except that the cost of the bond is not chargeable to the applicant as part of the fee. If the party petitioning for review prevails upon final resolution of an appeal, the party does not forfeit bond nor is the party responsible for damages caused by delay.   History: En. Sec. 25, Ch. 676, L. 1979; amd. Sec. 2510, Ch. 56, L. 2009.
MT Code § 75-20-501 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 5. Long-Range Plans (Repealed)|75-20-501. Repealed

  75-20-501. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 14, Ch. 327, L. 1973; amd. Sec. 40, Ch. 213, L. 1975; amd. Sec. 14, Ch. 494, L. 1975; R.C.M. 1947, 70-814; amd. Sec. 17, Ch. 68, L. 1979; amd. Sec. 3, Ch. 553, L. 1979; amd. Sec. 22, Ch. 676, L. 1979; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 1, Ch. 116, L. 1985; amd. Sec. 6, Ch. 591, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 10, Ch. 157, L. 1993; amd. Sec. 234, Ch. 418, L. 1995.
MT Code § 75-20-502 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 5. Long-Range Plans (Repealed)|75-20-502. Repealed

  75-20-502. Repealed. Sec. 13, Ch. 583, L. 1995.   History: En. Sec. 15, Ch. 327, L. 1973; amd. Sec. 15, Ch. 494, L. 1975; R.C.M. 1947, 70-815.
MT Code § 75-20-503 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 5. Long-Range Plans (Repealed)|75-20-503. Repealed

  75-20-503. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 16, Ch. 327, L. 1973; amd. Sec. 16, Ch. 494, L. 1975; R.C.M. 1947, 70-816; amd. Sec. 2, Ch. 69, L. 1979; amd. Sec. 23, Ch. 676, L. 1979.
MT Code § 75-20-1001 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 10. Geothermal Exploration|75-20-1001. Geothermal exploration -- notification of department

  75-20-1001. Geothermal exploration -- notification of department. The department shall adopt rules requiring every person who proposes to gather geological data by boring of test holes or other underground exploration, investigation, or experimentation related to the possible future development of a facility employing geothermal resources to comply with the following requirements:  (1) notify the department of the proposed action;   (2) submit to the department a description of the area involved;   (3) submit to the department a statement of the proposed activities to be conducted and the methods to be utilized;   (4) submit to the department geological data reports at such times as may be required by the rules; and   (5) submit such other information as the department may require in the rules.   History: En. Sec. 20, Ch. 327, L. 1973; amd. Sec. 4, Ch. 268, L. 1974; amd. Sec. 20, Ch. 494, L. 1975; R.C.M. 1947, 70-820(3); amd. Sec. 74, Ch. 324, L. 2021.
MT Code § 75-20-1101 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 11. Energy Conversion Facility (Repealed)|75-20-1101. Repealed

  75-20-1101. Repealed. Sec. 28, Ch. 676, L. 1979.   History: En. 70-825 by Sec. 1, Ch. 517, L. 1975; R.C.M. 1947, 70-825.
MT Code § 75-20-1102 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 11. Energy Conversion Facility (Repealed)|75-20-1102. Repealed

  75-20-1102. Repealed. Sec. 28, Ch. 676, L. 1979.   History: En. 70-826 by Sec. 2, Ch. 517, L. 1975; R.C.M. 1947, 70-826.
MT Code § 75-20-1103 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 11. Energy Conversion Facility (Repealed)|75-20-1103. Repealed

  75-20-1103. Repealed. Sec. 28, Ch. 676, L. 1979.   History: En. 70-827 by Sec. 3, Ch. 517, L. 1975; R.C.M. 1947, 70-827.
MT Code § 75-20-1104 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 11. Energy Conversion Facility (Repealed)|75-20-1104. Repealed

  75-20-1104. Repealed. Sec. 28, Ch. 676, L. 1979.   History: En. 70-829 by Sec. 5, Ch. 517, L. 1975; R.C.M. 1947, 70-829.
MT Code § 75-20-1105 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 11. Energy Conversion Facility (Repealed)|75-20-1105. Repealed

  75-20-1105. Repealed. Sec. 28, Ch. 676, L. 1979.   History: En. 70-828 by Sec. 4, Ch. 517, L. 1975; R.C.M. 1947, 70-828.
MT Code § 75-20-1201 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 12. Nuclear Energy Conversion(Repealed)|75-20-1201. Repealed

  75-20-1201. Repealed. Sec. 6, Ch. 409, L. 2021.  History: En. Sec. 1, I.M. 80, app. Nov. 7, 1978.
MT Code § 75-20-1202 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 12. Nuclear Energy Conversion(Repealed)|75-20-1202. Repealed

  75-20-1202. Repealed. Sec. 6, Ch. 409, L. 2021.  History: En. Sec. 2, I.M. 80, app. Nov. 7, 1978; amd. Sec. 12, Ch. 573, L. 1985; amd. Sec. 235, Ch. 418, L. 1995; amd. Sec. 544, Ch. 546, L. 1995; amd. Sec. 22, Ch. 329, L. 1997; amd. Sec. 9, Ch. 447, L. 2019.
MT Code § 75-20-1203 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 12. Nuclear Energy Conversion(Repealed)|75-20-1203. Repealed

  75-20-1203. Repealed. Sec. 6, Ch. 409, L. 2021.  History: En. Sec. 4, I.M. 80, app. Nov. 7, 1978.
MT Code § 75-20-1204 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 12. Nuclear Energy Conversion(Repealed)|75-20-1204. Repealed

  75-20-1204. Repealed. Sec. 6, Ch. 409, L. 2021.  History: En. Sec. 5, I.M. 80, app. Nov. 7, 1978.
MT Code § 75-20-1205 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 12. Nuclear Energy Conversion(Repealed)|75-20-1205. Repealed

  75-20-1205. Repealed. Sec. 6, Ch. 409, L. 2021.  History: En. Sec. 6, I.M. 80, app. Nov. 7, 1978; amd. Sec. 7, Ch. 312, L. 1987; amd. Sec. 23, Ch. 329, L. 1997.
MT Code § 75-25-101 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 25. Alternative Energy Loans|Part 1. General Provisions|75-25-101. Alternative energy revolving loan account

  75-25-101. Alternative energy revolving loan account. (1) There is a special revenue account called the alternative energy revolving loan account to the credit of the department of environmental quality.   (2) The alternative energy revolving loan account consists of money deposited into the account from air quality penalties from 75-2-401 and 75-2-413 and money from any other source. Any interest earned by the account and any interest that is generated from a loan repayment must be deposited into the account and used to sustain the program.   (3) Funds from the alternative energy revolving loan account may be used to provide loans to individuals, small businesses, units of local government, units of the university system, and nonprofit organizations for the purpose of building alternative energy systems, as defined in 15-32-102:   (a) to generate energy for their own use;   (b) for net metering as defined in 69-8-103; and   (c) for capital investments by those entities for energy conservation purposes, as defined in 15-32-102, when done in conjunction with an alternative energy system.   (4) The amount of a loan may not exceed $40,000, and the loan must be repaid within 10 years.   History: En. Sec. 1, Ch. 591, L. 2001; amd. Sec. 1, Ch. 110, L. 2005; amd. Sec. 40, Ch. 489, L. 2009; amd. Sec. 17, Ch. 6, Sp. L. November 2017.