reglab/housing_qa huggingface dataset:
MT Code § 75-2-216 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-216. Adoption of rules for solid or hazardous waste incinerator permits

  75-2-216. Adoption of rules for solid or hazardous waste incinerator permits. The department shall proceed in a reasonable and timely manner in adopting rules implementing 75-2-215.   History: En. Sec. 1, Ch. 16, Sp. L. July 1992; amd. Sec. 16, Ch. 112, L. 1997.
MT Code § 75-2-219 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-219. Permits for operation -- limitations

  75-2-219. Permits for operation -- limitations. Sections 75-2-217 and 75-2-218 may not be construed to:  (1) affect the department's issuance of a permit for the construction, installation, alteration, or use of a source of air pollutants pursuant to 75-2-211 or 75-2-215;   (2) restrict the department's authority to adopt regulations providing for a single air quality permit system; or   (3) affect permits, allowances, phase II compliance schedules, or other acid rain provisions under Subchapter IV of the federal Clean Air Act, 42 U.S.C. 7651, et seq.   History: En. Sec. 11, Ch. 502, L. 1993; amd. Sec. 20, Ch. 324, L. 2021.
MT Code § 75-2-221 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-221. Deposit of air quality permitting and registration fees

  75-2-221. Deposit of air quality permitting and registration fees. (1) All money collected by the department pursuant to 75-2-112 and 75-2-220 must be deposited in an account in the state special revenue fund to be appropriated by the legislature to the department for the development and administration of the permitting and registration requirements of this chapter.  (2) Upon request, the expenditure by the department of funds in this account may be audited by a qualified auditor at the end of each fiscal year. The cost of the audit must be paid by the person requesting the audit.   History: En. Sec. 13, Ch. 502, L. 1993; amd. Sec. 2, Ch. 221, L. 1999; amd. Sec. 5, Ch. 231, L. 2003; amd. Sec. 2, Ch. 339, L. 2015; amd. Sec. 22, Ch. 324, L. 2021.
MT Code § 75-2-222 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-222. and 75-2-223 reserved

  75-2-222 and 75-2-223 reserved.
MT Code § 75-2-224 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-224. Definitions

  75-2-224. Definitions. For the purposes of 75-2-224 through 75-2-227, unless otherwise required by the context, the following definitions apply:   (1) "Applicant" means a person submitting a permit application for which the person is required to pay a fee under 75-2-220 and includes a permitholder who pays an annual fee.   (2) "Postconsumer glass" means glass or glass-like material that has:   (a) served its final intended use;   (b) been discarded by an individual, commercial enterprise, or other entity after having fulfilled its intended application or use in Montana;   (c) useful physical or chemical properties remaining after having served a specific purpose and that would normally be disposed of as solid waste, as defined in 75-10-203, by a consumer, processor, or manufacturer.   (3) (a) "Recycled material" means a substance, compound, conglomeration, mixture, or the like that is composed, in whole or in part, of postconsumer glass.   (b) Material that contains postconsumer glass is recycled material for the purposes of this section if the postconsumer glass is used as or is a component of:   (i) fill, aggregate, or surface material used in construction or road construction;   (ii) sandblasting material;   (iii) landscaping material; or   (iv) a sandstone replacement in the manufacture of cement.   (c) The uses included in subsection (3)(b) are not exclusive, and other uses of postconsumer glass as a substitute for the use or consumption of new material may also be considered by the department as recycled material.   History: En. Sec. 1, Ch. 516, L. 2001.
MT Code § 75-2-225 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-225. Amount and duration of credit -- how claimed

  75-2-225. Amount and duration of credit -- how claimed. (1) An applicant may receive a credit against the fees imposed in 75-2-220 for using postconsumer glass in recycled material if the applicant qualifies under 75-2-226.   (2) An applicant qualifying for a credit under 75-2-226 is entitled to claim a credit, as provided in subsection (3) of this section, for using postconsumer glass in recycled material in the calendar year subsequent to the calendar year in which the postconsumer glass was used in recycled material.   (3) (a) The amount of the credit that may be claimed under this section is $8 for each ton of postconsumer glass that was used as a substitute for nonrecycled material in the calendar year prior to the calendar year for which the applicant is paying fees for permits under 75-2-220.   (b) The maximum credit allowable in any calendar year for fees payable under 75-2-220 is $2,000 or the total amount of fees due, whichever is less.   History: En. Sec. 2, Ch. 516, L. 2001; amd. Sec. 1, Ch. 129, L. 2005; amd. Sec. 1, Ch. 159, L. 2009.
MT Code § 75-2-226 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-226. Credit for use of postconsumer glass

  75-2-226. Credit for use of postconsumer glass. (1) The following requirements must be met for an applicant to be entitled to a credit for the use of postconsumer glass:   (a) The postconsumer glass must have been used in recycled material in the calendar year prior to the calendar year in which the applicant is applying for and paying for permits under 75-2-220.   (b) (i) The applicant claiming a credit must be a person who, as an owner, including a contract purchaser or lessee, or who pursuant to an agreement owns, leases, or has a beneficial interest in a business that uses postconsumer glass in recycled materials. The use of postconsumer glass as recycled material may be a minor or nonprofit part of a business otherwise engaged in a business activity.   (ii) The applicant may but need not operate or conduct a business that uses postconsumer glass as recycled material. If more than one person has an interest in a business with qualifying uses of postconsumer glass, they may allocate all or any part of the allowable credit among themselves and their successors or assigns.   (c) The business must have been owned or leased by the applicant claiming the credit during the calendar year prior to the calendar year for which the permit fees are due under 75-2-220, except as otherwise provided in subsection (1)(b), and must have used postconsumer glass in recycled material during the calendar year prior to the calendar year for which the credit is claimed.   (d) The postconsumer glass used in recycled material may not be an industrial waste generated by the person claiming the credit unless:   (i) the person generating the waste historically has disposed of the waste onsite or in a licensed landfill; and   (ii) standard industrial practice has not generally included the reuse of the waste in the manufacturing process.   (2) The credit provided by this section is not in lieu of any other incentive to which the applicant otherwise may be entitled under Title 15 or this chapter.   (3) A credit otherwise allowable under this section that is not used by the applicant in the calendar year for which the permits are applied may not be:   (a) carried forward to offset an applicant's permit fees for any succeeding calendar year; or   (b) carried back to offset an applicant's permit fees for any preceding calendar year.   History: En. Sec. 3, Ch. 516, L. 2001; amd. Sec. 2, Ch. 129, L. 2005; amd. Sec. 2, Ch. 159, L. 2009.
MT Code § 75-2-227 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-227. Postconsumer glass qualifying for credit -- rulemaking

  75-2-227. Postconsumer glass qualifying for credit -- rulemaking. (1) The department shall adopt rules describing postconsumer glass and recycled material that qualify for the credit authorized by 75-2-226.   (2) In addition to the public participation provisions of Title 2, chapter 4, the department shall maintain a register of interested persons and experts in the field of recycling postconsumer glass. The department shall mail a notice to the interested persons identified under this subsection of the department's contemplated actions, soliciting their views on possible solutions or courses of action.   History: En. Sec. 4, Ch. 516, L. 2001.
MT Code § 75-2-228 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-228. and 75-2-229 reserved

  75-2-228 and 75-2-229 reserved.
MT Code § 75-2-230 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-230. Commercial hazardous waste incinerators -- additional permit requirements

  75-2-230. Commercial hazardous waste incinerators -- additional permit requirements. (1) In addition to the requirements under 75-2-231, the department shall require the owner or operator of an existing commercial hazardous waste incinerator or an applicant for an air quality permit for a commercial hazardous waste incinerator to submit a plan that requires the cessation of the burning of hazardous waste if site-specific monitoring determines that inversion conditions, as defined by department rule, exist. The department shall consider the proximity of the commercial hazardous waste incinerator to populated areas when determining the appropriate plan content. The plan must include a site-specific ambient air quality and meteorological monitoring program in order to establish the conditions under which the burning of commercial hazardous waste must be halted and conditions under which the burning of commercial hazardous waste may be resumed. Conditions of the plan must be incorporated as a condition of the facility's permit.   (2) When, because of the proximity of a commercial hazardous waste incinerator to populated areas, the department determines that continuing monitoring is appropriate, the department shall require the owner or operator of an existing commercial hazardous waste incinerator or an applicant for an air quality permit for a commercial hazardous waste incinerator to provide telemetering service to the department with an immediate notification system activated when emissions approach or exceed permitted limits.   History: En. Sec. 1, Ch. 498, L. 1995.
MT Code § 75-2-232 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-232. Disclosure statement required

  75-2-232. Disclosure statement required. (1) An air quality permit for a commercial medical waste or commercial hazardous waste incinerator may not be issued, transferred, or altered pursuant to 75-2-211 and 75-2-215 without an application under this section. Before an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator may be approved, the applicant and each principal with respect to the applicant shall submit to the department a disclosure statement containing the following information:   (a) the name, business address, and social security number of the applicant and each principal;   (b) a description of any civil and administrative complaint filed within 5 years before the date of the application against the applicant or a principal for the violation of an environmental protection law and whether the complaint resulted in a civil or administrative penalty;   (c) a description of all judgments of criminal conviction entered against the applicant or a principal for the violation of an environmental protection law within 5 years before the date of the application; and   (d) a description of all judgments of criminal conviction entered against the applicant or a principal for the violation of an environmental protection law within 5 years before the date of the application in another state that resulted from the operation of a medical waste incinerator or a commercial hazardous waste incinerator. For the purposes of this subsection (d), an environmental protection law of another state means a law or administrative rule adopted pursuant to a law regulating solid or hazardous waste or underground storage tanks or protecting the air or water resource.   (2) A disclosure statement, as required in subsection (1), must be executed under oath or affirmation and is subject to the penalty for perjury. The department may verify and investigate the information contained in a statement required under this section.   (3) A person required to file a disclosure statement under this section shall provide assistance or information requested by the department that is related to the statement and shall cooperate in an inquiry or investigation conducted by the department under subsection (2).   History: En. Sec. 5, Ch. 639, L. 1993.
MT Code § 75-2-233 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-233. Denial or modification of permit -- mitigating factors

  75-2-233. Denial or modification of permit -- mitigating factors. (1) The department may deny an application for the issuance, transfer, or alteration of a permit under 75-2-211 and 75-2-215 for a commercial medical waste or commercial hazardous waste incinerator or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:   (a) a judgment of criminal conviction of an environmental protection law has been entered against the applicant or a principal;   (b) a civil or administrative complaint for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant or a principal;   (c) the applicant or a principal has a history of repeated violations of environmental protection laws; or   (d) a judgment or criminal conviction for a violation described in 75-2-232(1)(d) has been entered against the applicant or a principal.   (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 nature and gravity of the violation of environmental protection laws or violations described in 75-2-232(1)(d);   (b) the degree of culpability of the applicant or a principal;   (c) the applicant's or principal's cooperation with the state or federal agencies involved in the complaints and convictions referred to in 75-2-232; and   (d) the applicant's or principal's dissociation from other persons or entities convicted of acts referred to in 75-2-232.   History: En. Sec. 6, Ch. 639, L. 1993.
MT Code § 75-2-234 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 2. Standards, Permits, and Variances|75-2-234. Registration

  75-2-234. Registration. The department may adopt rules for the registration of certain classes of sources of air contaminants in lieu of a permit application required under 75-2-211(2).  History: En. Sec. 7, Ch. 231, L. 2003; amd. Sec. 24, Ch. 324, L. 2021.
MT Code § 75-2-302 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 3. Local Air Pollution Control|75-2-302. State and federal aid

  75-2-302. State and federal aid. (1) Any local air pollution control program meeting the requirements of this chapter and rules made pursuant to this chapter is eligible for state aid in an amount up to 30% of the locally funded annual operating cost of the program.  (2) Federal aid granted to the state for developing or maintaining a local air pollution control program that is subsequently granted to a local program is not considered state aid.   (3) Subdivisions of the state may make application for, receive, administer, and expend any federal aid for the control of air pollution or the development and administration of programs related to air pollution control, provided the program is currently approved by the department under 75-2-301.   History: En. Sec. 17, Ch. 313, L. 1967; R.C.M. 1947, 69-3920; amd. Sec. 2, Ch. 141, L. 1991; amd. Sec. 26, Ch. 324, L. 2021.
MT Code § 75-2-402 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-402. Emergency procedure

  75-2-402. Emergency procedure. (1) Any other law to the contrary notwithstanding, if the department finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the department shall order persons causing or contributing to the air pollution to immediately reduce or discontinue the emission of air contaminants. Upon issuance of this order, the department shall fix a place and time within 24 hours for a hearing to be held before the board. Within 24 hours after the start of the hearing and without adjournment, the board shall confirm, modify, or set aside the order of the department.   (2) Except as provided in subsection (1), if the department finds that emissions from the operation of one or more air contaminant sources are causing imminent danger to human health or safety, it may order the person responsible for the operation in question to reduce or discontinue emissions immediately, without regard for 75-2-401. In this event, the requirements for hearing and confirmation, modification, or setting aside of orders as provided in subsection (1) apply.   (3) This section does not limit any power that the governor or any other officer may have to declare an emergency and act on the basis of this declaration, whether the power is conferred by statute or the constitution or is inherent to the office.   History: (1) thru (3)En. Sec. 12, Ch. 313, L. 1967; amd. Sec. 21, Ch. 349, L. 1974; amd. Sec. 7, Ch. 140, L. 1977; Sec. 69-3915, R.C.M. 1947; (4)En. Sec. 14, Ch. 313, L. 1967; amd. Sec. 9, Ch. 140, L. 1977; Sec. 69-3917, R.C.M. 1947; R.C.M. 1947, 69-3915, 69-3917(2); amd. Sec. 2, Ch. 417, L. 2013.
MT Code § 75-2-403 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-403. Inspections

  75-2-403. Inspections. (1) The department or an authorized representative, for the purpose of ascertaining the state of compliance with this chapter or a rule, order, or permit in force under this chapter, may enter and inspect, at any reasonable time, any property, premises, or place, except a private residence, on or at which:   (a) an air contaminant source is located or is being constructed or installed;   (b) an emissions-related activity is conducted, such as air contaminant emissions or ambient concentration sampling, testing, or monitoring, or an activity in which samples are gathered, processed, or stored; or   (c) records are kept as required under this chapter or a rule, order, or permit made or issued under this chapter, for the purpose of inspecting those records. The authority granted under this subsection (c) does not limit the department's right to inspect any property, premises, or place, except a private residence, under subsections (1)(a) and (1)(b) if records are also kept at those sites.   (2) A person may not refuse entry or access to an authorized representative of the department who presents appropriate credentials when the department requests entry for purposes of inspection. A person may not obstruct, hamper, or interfere with an inspection.   (3) The department or an authorized representative must be provided access and must be allowed to copy, at reasonable times, any record that is required to be kept under this chapter or a rule, order, or permit made or issued under this chapter.   (4) The department or an authorized representative may inspect, at reasonable times, any facility, equipment, practices, or operations regulated or required under this chapter or a rule, order, or permit made or issued under this chapter.   (5) The department or an authorized representative must be allowed to sample or monitor, at reasonable times, substances or parameters for the purpose of ensuring compliance with the provisions of this chapter or a rule, order, or permit made or issued under this chapter.   (6) At the owner's or operator's request, the owner or operator of the premises shall receive a report stating all facts found that relate to compliance status.   (7) Inspections under this section must be conducted in compliance with all applicable federal or state rules or requirements for workplace safety and with all source-specific facility workplace safety rules or requirements. The source shall inform the inspector of all applicable workplace safety rules or requirements at the time of the inspection.   History: En. Sec. 9, Ch. 313, L. 1967; amd. Sec. 19, Ch. 349, L. 1974; amd. Sec. 5, Ch. 140, L. 1977; R.C.M. 1947, 69-3912; amd. Sec. 2, Ch. 218, L. 1983; amd. Sec. 2, Ch. 85, L. 1995.
MT Code § 75-2-404 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 2. Air Quality|Part 4. Enforcement, Appeal, and Penalties|75-2-404. through 75-2-410 reserved

  75-2-404 through 75-2-410 reserved.