MT Code § 75-10-521 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-521. Powers and duties of county motor vehicle recycling and disposal programs

  75-10-521. (Temporary) Powers and duties of county motor vehicle recycling and disposal programs. (1) (a) Each county shall acquire, develop, and maintain property for free motor vehicle graveyards. The property may be acquired by purchase, lease, or otherwise.  (b) As an alternative, the county may contract for the maintenance and operation of a motor vehicle graveyard or graveyards, but any such contract may be entered into only with a motor vehicle wrecking facility licensed under the provisions of this part.   (2) Two or more counties may join to form a district for the purpose stated in this section. If a district is formed, all provisions of this part pertaining to a county also apply to a district formed under this subsection.   (3) When there is an accumulation of at least 200 junk vehicles in the graveyard, the county shall notify the department for disposal purposes.   (4) The county commissioners of each county shall designate a representative to be responsible for implementing this part.   (5) Each county, through its designated representative, shall inspect each licensed motor vehicle wrecking facility within its boundaries, consistent with rules adopted by the department.   (6) Each county may sell junk vehicles from the motor vehicle graveyard to licensed motor vehicle wrecking facilities. The sales may be conducted only pursuant to a plan that has been approved by the department for consistency with its rules.   (7) A county shall submit to the department for approval a plan for the collection of junk vehicles and the establishment and operation of the motor vehicle graveyard.   (8) (a) The county shall submit to the department for approval a proposed budget for the succeeding fiscal year.   (b) The budget must be for the amounts required by the county for collection costs, acquisition, maintenance, and operation of the graveyard, for funding of a motor vehicle recycling and disposal capital improvement fund established pursuant to subsection (9), if applicable, and for other duties relating to implementation of this part.   (c) Except as provided in subsection (8)(f), up to 10% of the budget may be designated to a motor vehicle recycling and disposal capital improvement fund established pursuant to subsection (9).   (d)  If a county agrees to accept junk nonmotorized vehicles or junk mobile homes for recycling and disposal as provided in subsection (10), no more than 20% of the budget may be used to dispose of junk nonmotorized vehicles and junk mobile homes.   (e) Except as provided in subsection (8)(f), at the end of a fiscal year, unspent money may be transferred to a motor vehicle recycling and disposal capital improvement fund established pursuant to subsection (9).   (f) No allocations pursuant to this section may be made to a county's motor vehicle recycling and disposal capital improvement fund if the fund balance exceeds $200,000. The fund may continue to earn interest and income from investments.   (g) Any proposed change in the budget or plan must be approved by the department.   (9) (a) A county may establish a motor vehicle recycling and disposal capital improvement fund in accordance with the provisions of 7-6-616.   (b) Money in a motor vehicle recycling and disposal capital improvement fund may be spent only for the replacement and acquisition of property, capital improvements, and equipment necessary to maintain and improve the county's motor vehicle recycling and disposal program.   (10) (a) A county may accept for recycling and disposal junk nonmotorized vehicles and junk mobile homes that cause:   (i) a public nuisance as provided in 45-8-111; or   (ii) conditions of community decay as provided in 7-5-2110.   (b) If a county agrees to accept junk nonmotorized vehicles or junk mobile homes pursuant to subsection (10)(a):   (i) prior to recycling and disposal of a junk nonmotorized vehicle, the junk nonmotorized vehicle must be released to the county by the owner or by law enforcement officials in accordance with 61-12-402(7)(a); and   (ii) prior to recycling and disposal of a junk mobile home:   (A) if the junk mobile home is on private property, the junk mobile home may be released to the county only by written consent of the owner. The county may dispose of a junk mobile home on private property only if the county has also received the permission of the property owner where the junk mobile home is located.   (B) if a junk mobile home is abandoned on public property for more than 2 weeks, the county may dispose of the junk mobile home after first sending a certified letter to the last-known owner of the junk mobile home or, if no owner information is available, after notice has been placed in a paper of general circulation. If the junk mobile home remains on the public property after 2 weeks from when the notice is sent or published, the county may dispose of the junk mobile home. If an owner can be identified for the junk mobile home, the county may require that the owner reimburse the cost of transport and disposal of the junk mobile home. (Terminates June 30, 2023--sec. 1, Ch. 72, L. 2021.)   75-10-521. (Effective July 1, 2023) Powers and duties of county motor vehicle recycling and disposal programs. (1) (a) Each county shall acquire, develop, and maintain property for free motor vehicle graveyards. The property may be acquired by purchase, lease, or otherwise.  (b) As an alternative, the county may contract for the maintenance and operation of a motor vehicle graveyard or graveyards, but any such contract may be entered into only with a motor vehicle wrecking facility licensed under the provisions of this part.   (2) Two or more counties may join to form a district for the purpose stated in this section. If a district is formed, all provisions of this part pertaining to a county also apply to a district formed under this subsection.   (3) When there is an accumulation of at least 200 junk vehicles in the graveyard, the county shall notify the department for disposal purposes.   (4) The county commissioners of each county shall designate a representative to be responsible for implementing this part.   (5) Each county, through its designated representative, shall inspect each licensed motor vehicle wrecking facility within its boundaries, consistent with rules adopted by the department.   (6) Each county may sell junk vehicles from the motor vehicle graveyard to licensed motor vehicle wrecking facilities. The sales may be conducted only pursuant to a plan that has been approved by the department for consistency with its rules.   (7) A county shall submit to the department for approval a plan for the collection of junk vehicles and the establishment and operation of the motor vehicle graveyard.   (8) (a) The county shall submit to the department for approval a proposed budget for the succeeding fiscal year.   (b) The budget must be for the amounts required by the county for collection costs, acquisition, maintenance, and operation of the graveyard, for funding of a motor vehicle recycling and disposal capital improvement fund established pursuant to subsection (9), if applicable, and for other duties relating to implementation of this part.   (c) Except as provided in subsection (8)(e), up to 10% of the budget may be designated to a motor vehicle recycling and disposal capital improvement fund established pursuant to subsection (9).   (d) Except as provided in subsection (8)(e), at the end of a fiscal year, unspent money may be transferred to a motor vehicle recycling and disposal capital improvement fund established pursuant to subsection (9).   (e) No allocations pursuant to this section may be made to a county's motor vehicle recycling and disposal capital improvement fund if the fund balance exceeds $200,000. The fund may continue to earn interest and income from investments.   (f) Any proposed change in the budget or plan must be approved by the department.   (9) (a) A county may establish a motor vehicle recycling and disposal capital improvement fund in accordance with the provisions of 7-6-616.   (b) Money in a motor vehicle recycling and disposal capital improvement fund may be spent only for the replacement and acquisition of property, capital improvements, and equipment necessary to maintain and improve the county's motor vehicle recycling and disposal program.   History: En. Sec. 5, Ch. 410, L. 1973; amd. Sec. 2, Ch. 251, L. 1977; R.C.M. 1947, 69-6805; amd. Sec. 3, Ch. 572, L. 1991; amd. Sec. 1, Ch. 88, L. 2017; amd. Sec. 3, Ch. 427, L. 2019.