reglab/housing_qa huggingface dataset:
MT Code § 75-10-410 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-410. Inspections -- sampling

  75-10-410. Inspections -- sampling. (1) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which:   (i)  hazardous wastes are or have been generated, stored, treated, disposed of, or loaded for transportation;   (ii) used oil is or has been generated, stored, treated, disposed of, or loaded for transportation; or   (iii) records pertinent to the used oil or hazardous waste activities are maintained.   (b) The employee or agent of the department may have access to and may copy any records relating to the used oil or hazardous wastes for the purposes of developing rules under this part or enforcing the provisions of this part, rules adopted under this part, or a permit or an order issued under this part.   (2) In the course of an inspection under this section, the employee or agent of the department may take samples of any substances, used oil, or wastes, including samples from any soil or ground water or from any vehicle in which used oil or wastes are transported, or samples of any containers or labeling for the substances, used oil, or wastes. If the employee or agent of the department takes a sample of any used oil, hazardous waste, or suspected hazardous waste, the employee or agent shall, prior to leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.   History: En. Sec. 17, Ch. 358, L. 1981; amd. Sec. 5, Ch. 384, L. 1989; amd. Sec. 4, Ch. 28, L. 1995; amd. Sec. 23, Ch. 112, L. 1997.
MT Code § 75-10-411 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-411. Hazardous waste site inventory

  75-10-411. Hazardous waste site inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where hazardous wastes have been stored or disposed of at any time.   (2) If the department determines that the presence of a hazardous waste or the release of the waste or any waste constituent may present a substantial hazard to the public health or the environment, it may issue an order requiring the owner or operator of the facility or site to conduct reasonable monitoring, testing, analysis, and reporting with respect to the site in order to ascertain the nature and extent of the hazard.   (3) In the case of any facility or site not in operation at the time that a determination is made under subsection (2) with respect to the facility or site, if the department finds that the owner of the facility or site could not reasonably be expected to have actual knowledge of the presence of hazardous waste at the facility or site and of its potential for release, it may issue an order requiring the most recent previous owner or operator of the facility or site who could reasonably be expected to have actual knowledge to carry out the actions referred to in subsection (2).   (4) An order issued under subsection (2) or (3) must require that the person to whom the order is issued submit to the department within 30 days a proposal for carrying out the required monitoring, testing, analysis, and reporting.   (5) If the department determines that the owner or operator referred to in subsection (2) or (3) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.   (6) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-10-410.   History: En. Sec. 18, Ch. 358, L. 1981; amd. Sec. 6, Ch. 384, L. 1989; amd. Sec. 4, Ch. 386, L. 1989; amd. Sec. 24, Ch. 112, L. 1997.
MT Code § 75-10-412 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-412. State hazardous waste management facilities

  75-10-412. State hazardous waste management facilities. (1) The department may:   (a) if it considers such action to be necessary, establish, maintain, and operate state hazardous waste management facilities to provide for the treatment, storage, or disposal of hazardous wastes;   (b) acquire interests in real property by gift, purchase, lease, or other means in order to develop any such facility;   (c) operate and maintain such a facility directly or through agreement with public or private persons; and   (d) collect reasonable fees to defray a portion of the costs of establishing, maintaining, and operating the facility.   (2) A state facility must meet all applicable requirements for a hazardous waste management facility under this part.   History: En. Sec. 19, Ch. 358, L. 1981; amd. Sec. 2, Ch. 107, L. 1985.
MT Code § 75-10-413 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-413. Administrative enforcement

  75-10-413. Administrative enforcement. (1) When the department believes that a violation of this part, a rule adopted under this part, or a permit provision has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator's agent. The notice must specify the provision of this part, the rule, or the permit provision alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time stated in the order. The order becomes final unless, within 30 days after the notice is served, the person named 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, after 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 by the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after 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:   (a) require the alleged violator to appear before the board or department, by subpoena or subpoena duces tecum, for a hearing at a time and place specified in the notice to answer the charges complained of or to provide information regarding the alleged violation or its actual or potential impact on public health and welfare or the environment; or   (b) initiate action under 75-10-414, 75-10-417, or 75-10-418.   (4) In the case of disobedience of any subpoena issued and served under this section or of the refusal of any witness to testify as to any material matter with regard to which the witness may be interrogated in a hearing or investigation before the board or the department, the board or department may apply to any district court in the state for an order to compel compliance with the subpoena or the giving of testimony. The court shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unjustified, the court shall enter an order requiring compliance. Disobedience of the order is punishable by contempt of court in the same manner and by the same procedures as is provided for like conduct committed in the course of civil actions in district court.   (5) This section does not prevent the board or department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.   History: En. Sec. 20, Ch. 358, L. 1981; amd. Sec. 5, Ch. 386, L. 1989; amd. Sec. 2, Ch. 281, L. 1993; amd. Sec. 25, Ch. 112, L. 1997.
MT Code § 75-10-414 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-414. Injunctions

  75-10-414. 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 any unauthorized activity which is endangering or causing damage to public health or the environment;   (2) enjoin a violation of this part, a rule adopted under this part, an order of the department or the board, or a permit provision without the necessity of prior revocation of the permit; or   (3) require compliance with this part, a rule adopted under this part, an order of the department or the board, or a permit provision.   History: En. Sec. 21, Ch. 358, L. 1981; amd. Sec. 1, Ch. 108, L. 1985.
MT Code § 75-10-415 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-415. Imminent hazard

  75-10-415. Imminent hazard. Upon receipt of evidence that the handling, storage, treatment, transportation, or disposal of any used oil or hazardous waste may present an imminent and substantial danger to the public health or the environment, the department may commence legal proceedings to immediately restrain or enjoin any person (including any past or present generator, past or present transporter, and past or present owner or operator of a treatment, storage, or disposal facility) who has contributed to or who is contributing to the handling, storage, treatment, transportation, or disposal from engaging in these activities or order the person to take other action as may be necessary, or both. The department may also take appropriate action as may be necessary under this section, including issuing orders necessary or appropriate to protect the public health and the environment.   History: En. Sec. 22, Ch. 358, L. 1981; amd. Sec. 7, Ch. 384, L. 1989; amd. Sec. 6, Ch. 386, L. 1989; amd. Sec. 5, Ch. 28, L. 1995; amd. Sec. 26, Ch. 112, L. 1997.
MT Code § 75-10-416 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-416. Cleanup orders

  75-10-416. Cleanup orders. The department may issue a cleanup order to any person who has discharged, deposited, or spilled any used oil or hazardous waste into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any material or substance into or onto any land or water so as to result in unlawful or unapproved disposal of used oil or hazardous waste. The order must direct the person to clean up and remove the used oil or hazardous waste, to treat the used oil or hazardous waste so as to render it nonhazardous, or to take other actions as may be considered reasonable by the department.   History: En. Sec. 23, Ch. 358, L. 1981; amd. Sec. 8, Ch. 384, L. 1989; amd. Sec. 6, Ch. 28, L. 1995; amd. Sec. 27, Ch. 112, L. 1997.
MT Code § 75-10-417 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-417. Civil penalties

  75-10-417. Civil penalties. (1) A person who violates any provision of this part, a rule adopted under this part, an order of the department or the board, or a permit is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation. Penalties assessed under this section 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. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. An action to recover penalties must be brought in the district court of the county in which the violation occurred.   (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 permits by injunction or other appropriate remedy; or   (b) action under 75-10-418.   (4) Money collected under this section must be deposited in the state general fund.   History: En. Sec. 24, Ch. 358, L. 1981; amd. Sec. 1, Ch. 150, L. 1985; amd. Sec. 7, Ch. 386, L. 1989; amd. Sec. 14, Ch. 487, L. 2005; amd. Sec. 34, Ch. 535, L. 2021.
MT Code § 75-10-418 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-418. Criminal penalties

  75-10-418. Criminal penalties. (1) A person is guilty of an offense under this section if the person knowingly:   (a) transports any hazardous waste to an unpermitted facility;   (b) treats, stores, or disposes of hazardous waste subject to regulation under this part or the rules adopted under this part without a permit or contrary to a material permit condition;   (c) omits material information or makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for compliance with provisions of this part or rules adopted under this part pertaining to the handling of hazardous waste;   (d) generates, stores, treats, transports, disposes of, or otherwise handles any used oil or hazardous waste regulated under this part or rules adopted under this part and knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed in compliance with the provisions of this part, an order issued under this part, or rules adopted under this part; or   (e) transports or causes to be transported without a manifest any hazardous waste required to be accompanied by a manifest.   (2) A person who is guilty of an offense under subsection (1) is subject to a fine of not more than $25,000 per violation or imprisonment for a period not to exceed 3 years, or both. Each day of violation constitutes a separate violation.   (3) A person who knowingly violates any requirement of this part or any rule or material permit condition issued pursuant to this part (except those violations specified in subsection (1)) regarding any hazardous waste that is subject to regulation is guilty of an offense and subject to a fine of up to $5,000 per violation or subject to imprisonment not to exceed 6 months, or both. Each day of violation constitutes a separate violation.   (4) Upon a second conviction for a violation of this section, the maximum penalties specified in this section must be doubled.   (5) Action under this section does not bar enforcement of this part, rules made under this part, orders of the department or the board, or permits by injunction or other appropriate remedy.   (6) Money collected under this section, except money collected in a justice's court, must be deposited in the state general fund.   History: En. Sec. 25, Ch. 358, L. 1981; amd. Sec. 45, Ch. 557, L. 1987; amd. Sec. 8, Ch. 386, L. 1989; amd. Sec. 7, Ch. 28, L. 1995.
MT Code § 75-10-419 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-419. Department designated agency for federal program participation -- interstate cooperation

  75-10-419. Department designated agency for federal program participation -- interstate cooperation. (1) The department is designated as the official agency for the state for all purposes of the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended, and for the purpose of such other state or federal legislation as has or may be enacted after October 1, 1981, to assist in the management of hazardous wastes.   (2) The legislature of this state encourages cooperative activities by the department with other states for the improved management of hazardous wastes and, so far as is practicable, encourages the adoption of uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes. The department may enter into agreements with the responsible authorities of the United States and of other states, subject to approval by the governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this part and may carry out the agreements.   History: En. Sec. 26, Ch. 358, L. 1981.
MT Code § 75-10-420 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-420. Venue for legal actions

  75-10-420. Venue for legal actions. All legal actions affecting hazardous waste management facilities in the state must be brought in the county in which the facility is located or is proposed to be located.   History: En. Sec. 27, Ch. 358, L. 1981; amd. Sec. 9, Ch. 384, L. 1989; amd. Sec. 28, Ch. 112, L. 1997; amd. Sec. 15, Ch. 361, L. 2003.
MT Code § 75-10-421 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-421. Construction in event of conflict -- remedies cumulative

  75-10-421. Construction in event of conflict -- remedies cumulative. (1) The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under such provisions.   (2) The remedies provided for in this part are cumulative with other remedies provided by law.   History: En. Sec. 28, Ch. 358, L. 1981.
MT Code § 75-10-422 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-422. Unlawful disposal

  75-10-422. Unlawful disposal. It is unlawful to dispose of used oil or hazardous waste, as defined in this part or by rule, without a permit or, if a permit is not required under this part or rules adopted under this part, by any other means not authorized by law.   History: En. Sec. 9, Ch. 386, L. 1989; amd. Sec. 8, Ch. 28, L. 1995.
MT Code § 75-10-423 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-423. Renumbered 75-11-525

  75-10-423. Renumbered 75-11-525. Sec. 36(2), Ch. 112, L. 1997.
MT Code § 75-10-424 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-424. Administrative penalty

  75-10-424. Administrative penalty. (1) The department may assess a person who violates a provision of this part or a rule adopted under this part an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,000 for any related series of violations. Assessment of an administrative penalty under this section must be made in conjunction with an order or administrative action authorized by this chapter.  (2) An administrative penalty may not be assessed under this section unless the alleged violator is given notice and opportunity for a hearing before the board pursuant to Title 2, chapter 4, part 6.   (3) In determining the appropriate amount of an administrative penalty, the department shall consider the penalty factors in 75-1-1001.   (4) If the department is unable to collect the administrative penalty or if a person fails to pay all or any portion of the administrative penalty as determined by the department, the department may file an action to recover the amount not paid. The action must be brought in the district court of the county in which the violation occurred.   (5) Action under this section does not bar action under 75-10-413 through 75-10-418 or any other appropriate remedy.   (6) Administrative penalties collected under this section must be deposited in the state general fund.   History: En. Sec. 2, Ch. 509, L. 1993; amd. Sec. 9, Ch. 28, L. 1995; amd. Sec. 31, Ch. 112, L. 1997; amd. Sec. 15, Ch. 487, L. 2005; amd. Sec. 35, Ch. 535, L. 2021.
MT Code § 75-10-425 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-425. Corrective action orders -- judicial action

  75-10-425. Corrective action orders -- judicial action. Whenever, on the basis of any information, the department determines and verifies that there is or has been a release of hazardous waste or constituents into the environment from any facility that treats, stores, or disposes of hazardous waste, whether or not the facility is authorized to operate under 75-10-406, the department may:   (1) commence a civil action for appropriate relief, including injunctive relief, in the district court in the district in which the facility is located; or   (2) issue an order requiring corrective action or any other response measure that the department considers necessary to protect human health or the environment. An order may include a suspension or revocation of authorization to operate under 75-10-406. An order must state with reasonable specificity the nature of the required corrective action or other response measure and must specify a time for compliance.   History: En. Sec. 1, Ch. 425, L. 1999.
MT Code § 75-10-427 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-427. Denial or modification of permit -- mitigating factors

  75-10-427. Denial or modification of permit -- mitigating factors. (1) The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:   (a) a civil complaint or administrative enforcement action for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant;   (b) a judgment of criminal conviction of an environmental protection law has been entered against the applicant;   (c) the applicant has a history of repeated violations of environmental protection laws; or   (d) a judgment or criminal conviction for a violation described in 75-10-426(1)(d) has been entered against the applicant.   (2) As provided under subsection (1), the department may impose additional conditions on a permit related to permit length, inspections, monitoring, recordkeeping, and reporting.   (3) In making the decision to deny an application or to impose conditions on a permit pursuant to subsection (1), the department shall consider the following mitigating factors:   (a) the number, nature, and gravity of the violations of environmental protection laws or violations described in 75-10-426(1)(d);   (b) the degree of culpability of the applicant;   (c) the applicant's cooperation with the state or federal agencies involved in the complaints, enforcement actions, and convictions referred to in 75-10-426; and   (d) the applicant's dissociation from other persons or entities involved in the complaints or enforcement actions or convicted of acts referred to in 75-10-426.   (4) For the purposes of this section, "applicant" includes a subsidiary or successor in interest with respect to the applicant.   History: En. Sec. 3, Ch. 218, L. 1995.