reglab/housing_qa huggingface dataset:
MT Code § 75-11-219 (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|75-11-219. Injunctions

  75-11-219. Injunctions. The department may institute and maintain in the name of the state actions for injunctive relief as provided in Title 27, chapter 19, to:   (1) immediately restrain any person from engaging in unauthorized activity that is endangering public health or causing damage to the environment;   (2) enjoin a violation of this part, a rule adopted under this part, or an order of the department or the board; or   (3) require compliance with this part, a rule adopted under this part, or an order of the department or the board.   History: En. Sec. 12, Ch. 594, L. 1989.
MT Code § 75-11-220 (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|75-11-220. Imminent hazard

  75-11-220. Imminent hazard. Upon receipt of evidence that the installation or closure of an underground storage tank system may present an imminent and substantial danger to public health or the environment, the department may commence administrative or judicial proceedings to immediately abate the danger or to restrain, order, or enjoin any person from causing the danger. The department may take other judicial or administrative action as may be necessary.   History: En. Sec. 13, Ch. 594, L. 1989; amd. Sec. 11, Ch. 200, L. 1993.
MT Code § 75-11-221 (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|75-11-221. and 75-11-222 reserved

  75-11-221 and 75-11-222 reserved.
MT Code § 75-11-223 (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|75-11-223. Civil and administrative penalties

  75-11-223. Civil and administrative penalties. (1) (a) A person who violates a provision of this part, a rule adopted under this part, or an order of the department or the board is subject to an administrative penalty not to exceed $500 for each violation or a civil penalty not to exceed $10,000 for each violation. If an installer or an inspector who is an employee is in violation, the employer of that installer or that inspector is the entity that is subject to the provisions of this section unless the violation is the result of a grossly negligent or willful act. Each day of violation of this part, a rule adopted under this part, or an order constitutes a separate violation.  (b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.   (2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.   (3) Action under this section does not bar:   (a) enforcement of this part, rules adopted under this part, orders of the department or the board, or terms of a license or permit by injunction or other appropriate remedy; or   (b) action under 75-11-224.   History: En. Sec. 14, Ch. 594, L. 1989; amd. Sec. 1, Ch. 433, L. 1991; amd. Sec. 8, Ch. 506, L. 1999; amd. Secs. 6, 11, Ch. 443, L. 2005; amd. Sec. 19, Ch. 487, L. 2005; amd. Sec. 40, Ch. 535, L. 2021.
MT Code § 75-11-224 (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|75-11-224. Criminal penalties

  75-11-224. Criminal penalties. (1) Any owner or operator who knowingly installs or closes an underground storage tank system without a permit and either an inspection or the use of the services of a licensed installer as required in 75-11-209; any installer who knowingly installs or closes an underground storage tank system without being licensed; or any person who knowingly makes any false statements or representations in any application, permit, report, licensing form, or other document filed or maintained as required by this part or required by rules adopted under this part is subject to a fine not to exceed $10,000 for each violation or imprisonment not to exceed 6 months, or both. Each day of violation constitutes a separate violation.   (2) A person convicted of a second or subsequent criminal violation is subject to a fine not to exceed $20,000 for each violation or imprisonment not to exceed 1 year, or both. Each day of violation constitutes a separate violation.   (3) Action under this section does not bar enforcement of this part, rules adopted under this part, orders of the department or the board, or terms of a license or permit by injunction or other appropriate remedy.   History: En. Sec. 15, Ch. 594, L. 1989; amd. Sec. 12, Ch. 200, L. 1993.
MT Code § 75-11-225 (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|75-11-225. Compliance with other laws -- limitation on local ordinances

  75-11-225. Compliance with other laws -- limitation on local ordinances. (1) Nothing in this part limits or alters the responsibility of an owner, operator, or installer to comply with all other state laws or rules.   (2) Ordinances adopted by local government units requiring installation or closure permits or licensed installers, or both, may be no less stringent than the requirements of this part.   History: En. Sec. 16, Ch. 594, L. 1989.
MT Code § 75-11-226 (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|75-11-226. Application of other law

  75-11-226. Application of other law. (1) The provisions of this part and rules adopted under this part govern if they conflict with other provisions of Montana law or any action taken by the department under the other provisions of law.   (2) The remedies provided for in this part are cumulative with other remedies provided by law.   History: En. Sec. 17, Ch. 594, L. 1989.
MT Code § 75-11-227 (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|75-11-227. Underground storage tank license and permit account

  75-11-227. Underground storage tank license and permit account. (1) There is an underground storage tank license and permit account within the state special revenue fund established in 17-2-102.   (2) There must be paid into the account:   (a) revenues from permit, license, and inspection fees collected under this part; and   (b) revenues from penalties or damages collected under this part.   (3) Appropriations may be made from the underground storage tank license and permit account only for the administration of the underground storage tank program.   History: En. Sec. 18, Ch. 594, L. 1989.
MT Code § 75-11-228 (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|75-11-228. through 75-11-230 reserved

  75-11-228 through 75-11-230 reserved.
MT Code § 75-11-231 (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|75-11-231. Terminated

  75-11-231. Terminated. Sec. 6, Ch. 641, L. 1993.   History: En. Sec. 1, Ch. 641, L. 1993.
MT Code § 75-11-232 (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|75-11-232. Closure of tanks under section 1, Chapter 641, Laws of 1993

  75-11-232. Closure of tanks under section 1, Chapter 641, Laws of 1993. (1) The department shall indicate in all relevant files that an underground storage tank removed from the ground or closed in-place in accordance with section 1, Chapter 641, Laws of 1993, is determined fully and finally closed by the department.   (2) Underground storage tank systems determined closed under this section are exempt from environmental review by the department unless the department receives substantial evidence of a release that poses a current or potential threat to human health or the environment.   History: En. Sec. 1, Ch. 505, L. 1995.
MT Code § 75-11-301 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-301. Intent, findings, and purposes

  75-11-301. Intent, findings, and purposes. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted this part. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.   (2) The legislature finds that the use of petroleum products stored in tanks contributes significantly to the economic well-being and quality of life of Montana citizens.   (3) The legislature finds that leaks, spills, and other releases of petroleum products from storage tanks endanger public health and safety, ground water quality, and other state resources.   (4) The legislature finds that current administrative and financial resources of the public and private sectors are inadequate to address problems caused by releases from petroleum storage tanks and need to be supplemented by a major program of release detection and corrective action.   (5) The legislature finds that proper funding for the program is through a petroleum storage tank cleanup fee paid by persons who use and receive the benefits of petroleum products. The legislature further finds that this general use fee, provided for in 75-11-314, is intended solely to support a program to pay for corrective action and damages caused by releases from petroleum storage tanks. The general use fee is collected from distributors for administrative convenience and is not intended as a method for collecting highway revenue pursuant to the provisions of Article VIII, section 6, of the Montana constitution or 15-70-126.   (6) The purposes of this part are to:   (a) protect public health and safety and the environment by providing prompt detection and cleanup of petroleum tank releases;   (b) provide adequate financial resources and effective procedures through which tank owners and operators may undertake and be reimbursed for corrective action and payment to third parties for damages caused by releases from petroleum storage tanks;   (c) assist certain tank owners and operators in meeting financial assurance requirements under state and federal law governing releases from petroleum storage tanks; and   (d) provide tank owners with incentives to improve petroleum storage tank facilities in order to minimize the likelihood of accidental releases.   History: En. Sec. 1, Ch. 528, L. 1989; amd. Sec. 1, Ch. 763, L. 1991; amd. Sec. 1, Ch. 339, L. 1993; amd. Sec. 19, Ch. 361, L. 2003; amd. Sec. 23, Ch. 267, L. 2017.
MT Code § 75-11-303 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-303. through 75-11-306 reserved

  75-11-303 through 75-11-306 reserved.
MT Code § 75-11-308 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-308. Eligibility

  75-11-308. Eligibility. (1) An owner or operator is eligible for reimbursement for the applicable percentage as provided in 75-11-307(4)(a) and (4)(b) of eligible costs caused by a release from a petroleum storage tank only if:   (a) the release was discovered on or after April 13, 1989;   (b) the release occurred from:   (i) an underground storage tank, as defined in 75-11-503, that was in compliance with 75-11-509 at the time that the release was discovered;   (ii) a petroleum storage tank, as defined in 75-11-302, that was in compliance with the applicable state and federal laws and rules that the board determines pertain to the prevention and mitigation of a petroleum release from a petroleum storage tank at the time that the release was discovered; or   (iii) an underground storage tank, as defined in 75-11-503, that the board determines was unknown to both the property owner and the department prior to its discovery if the owner applies to the department for a closure permit in accordance with 75-11-212 within 30 days of the date upon which the owner first had knowledge of the tank and closes the tank in accordance with the requirements of the permit before the permit expires; and   (c) the release was an accidental release.   (2) An owner or operator is not eligible for reimbursement from the petroleum tank release cleanup fund for expenses caused by releases from the following petroleum storage tanks:   (a) a tank located at a refinery or a terminal of a refiner;   (b) a tank located at an oil and gas production facility;   (c) a tank that is or was previously under the ownership or control of a railroad, except for a tank that was operated by a lessee of a railroad in the course of nonrailroad operations;   (d) a tank belonging to the federal government;   (e) a tank owned or operated by a person who has been convicted of a substantial violation of state or federal law or rule that relates to the installation, operation, or management of petroleum storage tanks; or   (f) a mobile storage tank used to transport petroleum or petroleum products from one location to another.   History: En. Sec. 4, Ch. 528, L. 1989; amd. Sec. 3, Ch. 389, L. 1991; amd. Sec. 4, Ch. 763, L. 1991; amd. Sec. 4, Ch. 339, L. 1993; amd. Sec. 2, Ch. 420, L. 1999; amd. Sec. 1, Ch. 112, L. 2001; amd. Sec. 2, Ch. 245, L. 2003; amd. Sec. 2, Ch. 356, L. 2005.
MT Code § 75-11-310 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-310. and 75-11-311 reserved

  75-11-310 and 75-11-311 reserved.
MT Code § 75-11-312 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-312. Review of corrective action plans and claims

  75-11-312. Review of corrective action plans and claims. (1) To ensure that the fund provided for in 75-11-313 is being used in the most efficient manner, the board may implement a program of third-party review for corrective action plans and claims. The board may submit a corrective action plan or claim for review by a qualified third party of the board's choosing.   (2) If a third-party review suggests that a corrective action plan is inappropriate for the release, the board may remand the plan to the department for further review.   (3) If a third-party review suggests that submitted costs do not comply with the requirements of 75-11-309(3)(a), the board may deny the costs, subject to 75-11-309(4).   History: En. Sec. 4, Ch. 245, L. 2003; amd. Sec. 4, Ch. 356, L. 2005.
MT Code § 75-11-313 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-313. Petroleum tank release cleanup fund

  75-11-313. Petroleum tank release cleanup fund. (1) There is a petroleum tank release cleanup fund in the state special revenue fund established in 17-2-102. The fund is administered as a revolving fund by the board and is statutorily appropriated, as provided in 17-7-502, for the purposes provided for under subsections (3)(c) and (3)(d). Administrative costs under subsections (3)(a) and (3)(b) must be paid pursuant to a legislative appropriation.   (2) There is deposited in the fund:   (a) all revenue from the petroleum storage tank cleanup fee as provided in 75-11-314;   (b) money received by the board in the form of gifts, grants, reimbursements, or appropriations, from any source, intended to be used for the purposes of this fund;   (c) money appropriated or advanced to the fund by the legislature;   (d) money loaned to the board by the board of investments; and   (e) all interest earned on money in the fund.   (3) As provided in 75-11-318, the fund may be used only:   (a) to administer this part, including payment of board expenses associated with administration;   (b) to pay the actual and necessary department expenses associated with administration;   (c) to reimburse owners and operators for eligible costs caused by a release from a petroleum storage tank and approved by the board; and   (d) for repayment of any advance and any loan made pursuant to 17-6-225, plus interest earned on the advance or loan.   (4) Whenever the board accepts a loan from the board of investments pursuant to 17-6-225, the receipts from the fees provided for in 75-11-314 in each fiscal year until the loan is repaid are pledged and dedicated for the repayment of the loan in an amount sufficient to meet the repayment obligation for that fiscal year.   History: En. Sec. 6, Ch. 528, L. 1989; amd. Sec. 1, Ch. 543, L. 1993; amd. Sec. 272, Ch. 42, L. 1997; amd. Sec. 3, Ch. 115, L. 1997; amd. Sec. 5, Ch. 245, L. 2003.
MT Code § 75-11-314 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-314. Petroleum storage tank cleanup fee -- collection -- penalties -- warrant for distraint -- statute of limitations

  75-11-314. Petroleum storage tank cleanup fee -- collection -- penalties -- warrant for distraint -- statute of limitations. (1) Except as provided in subsection (4), each distributor shall pay to the department of transportation a petroleum storage tank cleanup fee for each gallon of gasoline, aviation gasoline, special fuel, or heating oil distributed by the distributor within the state and upon which the fee has not been paid by any other distributor. The fee must equal:   (a) 0.75 cent for each gallon of gasoline;   (b) 0.75 cent for each gallon of aviation gasoline;   (c) 0.75 cent for each gallon of special fuel; or   (d) 0.75 cent for each gallon of heating oil.   (2) Gasoline, aviation gasoline, special fuel, and heating oil exported or sold for export out of the state must be included in the measure of a distributor's fee.   (3) Ethanol that is blended with gasoline to be sold as ethanol-blended gasoline is subject to the fee provided in subsection (1).   (4) A fee may not be imposed or collected beginning on the first day of the first month in the first calendar quarter after the unobligated balance in the fund equals or exceeds $10 million. Whenever the unobligated fund balance, less claims anticipated for board approval within the next 90 days, is less than $6 million, the department of transportation shall, within 30 days, notify distributors by mail that the fee is reinstated beginning on the first day of the first month that begins no less than 30 days after the date of the notice. Once reinstated, the fee must be imposed and collected until the unobligated fund balance again equals or exceeds $10 million.   (5) The department of transportation shall collect the fee in the same manner as the gasoline tax and special fuel tax under Title 15, chapter 70, part 4. The provisions of 15-70-103, 15-70-111, 15-70-402, 15-70-410, 15-70-411, 15-70-416 through 15-70-418, 15-70-420, 15-70-421, 15-70-425(3), and 15-70-443 apply to the fee. The provisions of 15-70-403, 15-70-412, 15-70-425(1), and 15-70-426 do not apply to the fee.   History: En. Sec. 7, Ch. 528, L. 1989; amd. Sec. 2, Ch. 298, L. 1993; amd. Sec. 4, Ch. 37, L. 1999; amd. Sec. 20, Ch. 100, L. 2007; amd. Sec. 4, Ch. 396, L. 2009; amd. Sec. 39, Ch. 220, L. 2015.
MT Code § 75-11-315 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-315. Nonimpairment by state

  75-11-315. Nonimpairment by state. In accordance with the constitutions of the United States and the state of Montana, the state pledges that it may not in any way impair the obligations of any loan agreement between the board and the board of investments by repealing the petroleum storage tank cleanup fee imposed by 75-11-314 or by reducing it below the amount necessary to make annual loan payments.   History: En. Sec. 5, Ch. 115, L. 1997.
MT Code § 75-11-316 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-316. and 75-11-317 reserved

  75-11-316 and 75-11-317 reserved.
MT Code § 75-11-319 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-319. Rulemaking authority -- department and department of transportation

  75-11-319. Rulemaking authority -- department and department of transportation. (1) The department may adopt rules necessary to administer its responsibilities under this part, including requirements for approval of corrective action plans.   (2) The department of transportation shall adopt rules governing the collection of the petroleum storage tank cleanup fee. The rules may include, at a minimum, reporting and recordkeeping requirements, method and timing of payment, and examination of records. The rules must be generally consistent with procedures governing the collection of the gasoline tax provided for in Title 15, chapter 70.   History: En. Sec. 10, Ch. 528, L. 1989.
MT Code § 75-11-320 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-320. Other authorities unaffected

  75-11-320. Other authorities unaffected. Payment of reimbursement, approval of a corrective action plan, or other action of the department or the board under this part does not affect the authority of the department or any other state agency to pursue an action authorized by Title 75, chapter 10, parts 4 or 7, or any other law or rule that applies to releases from petroleum storage tanks.   History: En. Sec. 11, Ch. 528, L. 1989.
MT Code § 75-11-321 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 11. Underground Storage Tanks|Part 3. Petroleum Storage Tank Cleanup|75-11-321. Criminal penalties

  75-11-321. Criminal penalties. A person who knowingly misrepresents the date of discovery of a release, submits or causes to be submitted a fraudulent claim or document, or makes a false statement or representation in seeking or assisting a person to seek reimbursement under this part is subject to a fine not to exceed $10,000 for each violation or imprisonment not to exceed 6 months, or both. A person convicted of a second or subsequent violation of this section is subject to a fine not to exceed $20,000 for each violation or imprisonment not to exceed 1 year, or both.   History: En. Sec. 12, Ch. 528, L. 1989.