reglab/housing_qa huggingface dataset:
MT Code § 75-3-603 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 3. Radon Control|Part 6. Montana Radon Control Act|75-3-603. Radon testing and mitigation proficiency listing requirements

  75-3-603. Radon testing and mitigation proficiency listing requirements. In order to be publicly listed as proficient by the department in a radon-related occupation, a person shall pass a United States environmental protection agency proficiency examination approved by the department.   History: En. Sec. 3, Ch. 527, L. 1993.
MT Code § 75-3-604 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 3. Radon Control|Part 6. Montana Radon Control Act|75-3-604. Voluntary disclosure of information to department

  75-3-604. Voluntary disclosure of information to department. (1) The results of measurements of radon gas or radon progeny performed by a person may be reported to the department. The report may include the radon levels detected and the location and description of the building.   (2) Except for use in conducting legitimate scientific studies, as determined by the department, data and information relating to radon gas and radon progeny contamination at nonpublic properties, including residential dwellings, gathered under this part must be considered confidential by the department. The department shall provide the bureau of mines and geology with all information received by the department under subsection (1) for conducting legitimate scientific studies. The department may not release the data or information in its possession to anyone other than the owner or occupant of the property.   History: En. Sec. 4, Ch. 527, L. 1993.
MT Code § 75-3-605 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 3. Radon Control|Part 6. Montana Radon Control Act|75-3-605. Public information and education

  75-3-605. Public information and education. The department shall initiate and administer a program designed to educate and inform the public concerning radon gas and radon progeny. The program must include but is not limited to:   (1) public presentations to interested parties;   (2) developing, reproducing, and distributing printed materials to home owners and other interested groups;   (3) responding to telephone inquiries on a maintained toll-free telephone number;   (4) providing technical and training information for radon measurement and mitigation;   (5) maintaining and distributing lists of qualified persons who perform measurement and mitigation services;   (6) developing and implementing an effective communication strategy to encourage all home owners to test for radon; and   (7) encouraging cooperative partnerships to promote radon testing of buildings and homes.   History: En. Sec. 5, Ch. 527, L. 1993.
MT Code § 75-3-606 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 3. Radon Control|Part 6. Montana Radon Control Act|75-3-606. Radon disclosure statement on real estate documents -- disclosure of prior radon testing -- immunity from liability

  75-3-606. Radon disclosure statement on real estate documents -- disclosure of prior radon testing -- immunity from liability. (1) A radon disclosure statement must be provided on at least one document, form, or application executed prior to or contemporaneously with an offer for the purchase and sale of inhabitable real property. The seller or seller's agent shall provide the following disclosure statement to the buyer, and the buyer shall acknowledge receipt of this disclosure statement by signing a copy of the disclosure statement:   "RADON GAS: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN MONTANA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY OR STATE PUBLIC HEALTH UNIT."   (2) Whenever a seller knows that a building has been tested for radon gas and radon progeny, the seller shall provide to the buyer, prior to or upon entry into a contract for the purchase of that building, a copy of the results of that test and evidence of any subsequent mitigation or treatment. A prospective buyer who contracts for the testing may receive the results of that testing. The furnishing of test results and evidence of mitigation or treatment is not to be construed as a promise, warranty, or representation of any sort by the seller or the seller's agent that the test results are accurate or that the mitigation or treatment is effective. This section does not create a contingency on the purchase of the property or any right to rescind a contract for purchase unless the contingency or right to rescind is an express term of the applicable contract.   (3) A seller or seller's agent who complies with subsections (1) and (2) is not liable in any action based on the presence of radon gas or radon progeny in the building.   History: En. Sec. 6, Ch. 527, L. 1993; amd. Sec. 2, Ch. 185, L. 1995.
MT Code § 75-3-607 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 3. Radon Control|Part 6. Montana Radon Control Act|75-3-607. Radon control account

  75-3-607. Radon control account. (1) There is a radon control account in the state special revenue fund. There must be deposited in the account all money received from any loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of this part that are received from public or private sources, except for money received from the federal government.   (2) Funds in the account are allocated to the department for the purpose of funding the costs of implementing and operating the program established under this part.   History: En. Sec. 7, Ch. 527, L. 1993; amd. Sec. 1, Ch. 28, L. 2003.
MT Code § 75-5-101 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 1. General Provisions|75-5-101. Policy

  75-5-101. Policy. It is the public policy of this state to:   (1) conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses;   (2) provide a comprehensive program for the prevention, abatement, and control of water pollution; and   (3) balance the inalienable rights to pursue life's basic necessities and possess and use property in lawful ways with the policy of preventing, abating, and controlling water pollution in implementing the program referred to in subsection (2).   History: En. Sec. 121, Ch. 197, L. 1967; amd. Sec. 1, Ch. 21, L. 1971; amd. Sec. 1, Ch. 455, L. 1975; R.C.M. 1947, 69-4801(1); amd. Sec. 9, Ch. 361, L. 2003.
MT Code § 75-5-102 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 1. General Provisions|75-5-102. Intent -- purpose -- rights of action not abridged

  75-5-102. Intent -- purpose -- rights of action not abridged. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted this chapter. It is the legislature's intent that the requirements of this chapter 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. A purpose of this chapter is to provide additional and cumulative remedies to prevent, abate, and control the pollution of state waters.   (2) This chapter does not abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor does this chapter or an act done under it estop the state or a municipality or person, as owner of water rights or otherwise, in the exercise of the person's rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.   History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(4); amd. Sec. 10, Ch. 361, L. 2003.
MT Code § 75-5-104 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 1. General Provisions|75-5-104. Special applicability

  75-5-104. Special applicability. This chapter applies to drainage or seepage from all sources, including that from artificial, privately owned ponds or lagoons, if such drainage or seepage may reach other state waters in a condition which may pollute the other state waters.   History: En. Sec. 124, Ch. 197, L. 1967; amd. Sec. 3, Ch. 21, L. 1971; R.C.M. 1947, 69-4804.
MT Code § 75-5-105 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 1. General Provisions|75-5-105. Confidentiality of records

  75-5-105. Confidentiality of records. Except as provided in 80-15-108, any information concerning sources of pollution that is furnished to the board or department or that is obtained by either of them is a matter of public record and open to public use. However, any information unique to the owner or operator of a source of pollution that would, if disclosed, reveal methods or processes entitled to protection as trade secrets must be maintained as confidential if so determined by a court of competent jurisdiction. The owner or operator shall file a declaratory judgment action to establish the existence of a trade secret if the owner or operator wishes the information to remain confidential. The department must be served in the action and may intervene as a party. Any information not intended to be public when submitted to the board or department must be submitted in writing and clearly marked as confidential. The data describing physical and chemical characteristics of a waste discharged to state waters may not be considered confidential. The board may use any information in compiling or publishing analyses or summaries relating to water pollution if the analyses or summaries do not identify any owner or operator of a source of pollution or reveal any information that is otherwise made confidential by this section.  History: En. Sec. 16, Ch. 21, L. 1971; amd. Sec. 10, Ch. 455, L. 1975; R.C.M. 1947, 69-4822; amd. Sec. 25, Ch. 668, L. 1989; amd. Sec. 2493, Ch. 56, L. 2009; amd. Sec. 2, Ch. 267, L. 2011; amd. Sec. 6, Ch. 342, L. 2021.
MT Code § 75-5-106 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 1. General Provisions|75-5-106. Interagency cooperation -- enforcement authorization

  75-5-106. Interagency cooperation -- enforcement authorization. (1) The council, the board and the department may require the use of records of all state agencies and may seek the assistance of the agencies. When the department's review of a permit application submitted under another chapter or title is required or requested, the department shall coordinate the review under this chapter with the review conducted by the agency or unit under the other chapter, following the time schedule for that review. State, county, and municipal officers and employees, including sanitarians and other employees of local departments of health, shall cooperate with the council, the board and the department in furthering the purposes of this chapter, so far as is practicable and consistent with their other duties.  (2) The department may authorize a local water quality district established according to the provisions of Title 7, chapter 13, part 45, to enforce the provisions of this chapter and rules adopted under this chapter on a case-by-case basis. If a local water quality district requests the authorization, the local water quality district shall present appropriate documentation to the department that a person is violating permit requirements established by the department or may be causing pollution, as defined in 75-5-103, of state waters or placing or causing to be placed wastes in a location where they are likely to cause pollution of state waters. The department may adopt rules regarding the granting of enforcement authority to local water quality districts.   History: En. Sec. 21, Ch. 21, L. 1971; R.C.M. 1947, 69-4827; amd. Sec. 25, Ch. 357, L. 1991; amd. Sec. 4, Ch. 497, L. 1995; amd. Sec. 30, Ch. 324, L. 2021.
MT Code § 75-5-107 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 1. General Provisions|75-5-107. Venue generally

  75-5-107. Venue generally. Except as otherwise provided by this chapter, any challenge to an action taken by the department or to a decision issued by the board pursuant to this chapter must be brought in the district court in the county where the activity that is the subject of the challenge is proposed to occur. If an activity is proposed to occur or will occur in more than one county, the challenge may be brought in the district court in any of the counties where the activity is proposed to occur or will occur.  History: En. Sec. 1, Ch. 535, L. 2021.
MT Code § 75-5-201 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-201. Rules authorized

  75-5-201. Rules authorized. (1) (a) The department shall, except as provided in 75-5-411 and subject to the provisions of 75-5-203, adopt rules for the administration of this chapter.  (b) The department shall adopt rules that describe the location and the times of the year when suction dredging is permissible. These rules may be adopted only after consultation with the local conservation districts in the areas subject to the rule.   (2) The department's rules may include a fee schedule or system for assessment of administrative penalties as provided under 75-5-611.   History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(g); amd. Sec. 1, Ch. 504, L. 1993; amd. Sec. 11, Ch. 471, L. 1995; amd. Sec. 1, Ch. 468, L. 2003; amd. Sec. 2, Ch. 327, L. 2017; amd. Sec. 31, Ch. 324, L. 2021.
MT Code § 75-5-202 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-202. Board hearings

  75-5-202. Board hearings. The board shall hold hearings necessary for the proper administration of this chapter or, in the case of permit issuance hearings, delegate this function to the department.   History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(f).
MT Code § 75-5-203 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-203. State regulations no more stringent than federal regulations or guidelines

  75-5-203. State regulations no more stringent than federal regulations or guidelines. (1) Except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement 75-5-301, 75-5-302, 75-5-303, or 75-5-310 that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.  (2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:   (a) the proposed state standard or requirement protects public health or the environment of the state; and   (b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.   (3) The written finding must reference pertinent, ascertainable, and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.   (4) (a) A person affected by a rule that the person believes to be more stringent than comparable federal regulations or guidelines may petition the board to review the rule. If the board determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 8 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.   (b) A person may also petition the board for a rule review under subsection (4)(a) if the department adopts a rule in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.   (5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).   History: En. Sec. 1, Ch. 471, L. 1995; amd. Sec. 2, Ch. 378, L. 2015; amd. Sec. 32, Ch. 324, L. 2021.
MT Code § 75-5-204 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-204. through 75-5-210 reserved

  75-5-204 through 75-5-210 reserved.
MT Code § 75-5-211 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-211. Department to administer chapter

  75-5-211. Department to administer chapter. (1) Except as otherwise provided, the department is responsible for administration of this chapter.   (2) The department may use its personnel and those of the local departments of health as necessary to administer this chapter.   History: En. Sec. 125, Ch. 197, L. 1967; amd. Sec. 4, Ch. 21, L. 1971; amd. Sec. 60, Ch. 349, L. 1974; R.C.M. 1947, 69-4805.
MT Code § 75-5-212 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-212. Department research and information

  75-5-212. Department research and information. (1) The department shall:   (a) collect and furnish information relating to the prevention and control of water pollution;   (b) conduct or encourage necessary research and demonstrations concerning water pollution;   (c) encourage and provide for the use of appropriate new methods, materials, and models in evaluation, design, and construction as they relate to water quality.   (2) (a) In the implementation of subsection (1)(a), the department shall, at intervals not to exceed 5 years, compile and when necessary, update department organizational information, statutes, rules, permitting information, standards, and bulletins related to water quality. The first compilation must be complete and made available in hard copy and for electronic access by January 31, 2000.   (b) The department may charge a reasonable fee for purchase of the hard-copy compilation, not to exceed the department's costs for copying, assembly, and distribution of the compilation.   History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(1)(d), (1)(e); amd. Sec. 1, Ch. 511, L. 1999.
MT Code § 75-5-213 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-213. Comprehensive plan for prevention and control of water pollution

  75-5-213. Comprehensive plan for prevention and control of water pollution. The department shall advise, consult, and cooperate with other states, other state and federal agencies, affected groups, political subdivisions, and industries in the formulation of a comprehensive plan to prevent and control pollution.   History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(1)(h).
MT Code § 75-5-214 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-214. Pipeline reporting requirements

  75-5-214. Pipeline reporting requirements. (1) By January 1, 2016, the department of environmental quality shall compile information in accordance with subsection (2) for all pipelines that intersect or cross a navigable river in Montana.   (2) The compilation, at a minimum, should include to the extent the data is available from the federal government or another source:   (a) standard pipeline identification information, as determined by the department;   (b) a pipeline's size;   (c) the commodity transported by the pipeline;   (d) navigable rivers intersected or crossed by the pipeline;   (e) the distance between shutoff valves that isolate the segment of a pipeline that crosses a navigable river from the balance of the pipeline;   (f) the county in which a pipeline crosses a navigable river; and   (g) the depth of coverage when the pipeline was installed.   (3) (a) The department of environmental quality shall make the information collected in accordance with subsection (2) available to the public on the agency's website.   (b) The department of natural resources and conservation shall provide a link on its website to the information provided by the department of environmental quality in accordance with subsection (3)(a).   (4) For the purposes of this section, "pipeline" means a pipeline greater than or equal to 8 inches in inside diameter that transports oil, gas, or liquid.   History: En. Sec. 1, Ch. 332, L. 2015.
MT Code § 75-5-215 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-215. through 75-5-220 reserved

  75-5-215 through 75-5-220 reserved.
MT Code § 75-5-221 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 5. Water Quality|Part 2. Administrative Agencies|75-5-221. Water pollution control advisory council -- general

  75-5-221. Water pollution control advisory council -- general. (1) The council provided for in 2-15-2107 shall select a presiding officer from among its members. The director of the department of environmental quality shall designate a member of the staff of the department to act as secretary to the council. The secretary shall keep records of all actions taken by the council.   (2) Meetings must be held at the call of the presiding officer or on written request of two or more members.   (3) Each member may, by filing with the secretary, designate a deputy or alternate to perform the member's duties.   (4) The council shall act only in an advisory capacity to the department on matters relating to water pollution.   (5) The director of the department may designate other persons to participate with council members in evaluating particular issues arising under this chapter that are brought before the council.   History: En. Sec. 132, Ch. 197, L. 1967; amd. Sec. 10, Ch. 21, L. 1971; amd. Sec. 64, Ch. 349, L. 1974; R.C.M. 1947, 69-4812; amd. Sec. 1, Ch. 297, L. 1995; amd. Sec. 185, Ch. 418, L. 1995.