reglab/housing_qa huggingface dataset:
MT Code § 75-10-726 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-726. Citizens suit

  75-10-726. Citizens suit. (1) Any person may commence a civil action to compel compliance by any liable or potentially liable person under 75-10-715 alleged to be in violation of a rule, notice letter, order, or department-approved remedial action required pursuant to a notice letter or order under this chapter.   (2) At least 60 days before commencing the action, the person shall give notice of intent to sue to all liable or potentially liable persons under 75-10-715 who are contemplated to be defendants in the proposed action.   (3) An action may not be commenced under subsection (1) if the liable or potentially liable person is diligently coming into compliance with the rule, notice letter, order, or department-approved remedial action plan or if the department has commenced and is diligently prosecuting an action to require compliance with the rule, notice letter, order, or department-approved remedial action plan.   History: En. Sec. 11, Ch. 415, L. 1997.
MT Code § 75-10-727 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-727. Institutional controls

  75-10-727. Institutional controls. (1) An owner of real property may, with department approval, restrict the use of the owner's real property to mitigate the risk posed to the public health, safety, and welfare and the environment by imposing on the real property, without conveying the property or creating a dominant and servient estate, an appropriate institutional control.   (2) An institutional control restricting present and future real property rights is placed on a property by filing a written instrument evidencing the restrictions to be placed on the use of the property with the county clerk in the county in which the property is located.   (3) An institutional control that restricts real property runs with the land and is binding on all successors in interest to real property until the institutional control is removed.   (4) An institutional control must be removed if there is not an unacceptable risk posed to public health, safety, and welfare and the environment. An owner may request department approval to remove all or a portion of the institutional controls from the real property. The department shall review the request and provide the owner with its decision to approve or deny the request within 120 days from the department's receipt of the request. If the department denies the request, it shall provide the owner with a written explanation of the denial. A department decision to deny the request may be appealed to the board of environmental review and conducted as a contested case proceeding pursuant to Title 2, chapter 4.   (5) If the department or the board approves an owner's request to remove all or a portion of the institutional controls, the owner shall file the approval with the county clerk in the county in which the real property is located.   History: En. Sec. 4, Ch. 437, L. 1999.
MT Code § 75-10-728 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-728. Remedial action costs

  75-10-728. Remedial action costs. (1) If a potentially liable person or assignee recovers remedial action costs at a particular site from a financially responsible party, reimbursement from the orphan share is proportionally reduced by the amount of remedial action costs recovered, less any litigation expenses, including attorney fees and costs.   (2) The department may, in defending the orphan share, initiate a court action against a potentially liable party, an affiliate, or another financially responsible party to recover the orphan's share.   History: En. Sec. 5, Ch. 437, L. 1999.
MT Code § 75-10-730 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-730. Short title

  75-10-730. Short title. Sections 75-10-730 through 75-10-738 may be cited as the "Voluntary Cleanup and Redevelopment Act".   History: En. Sec. 4, Ch. 584, L. 1995.
MT Code § 75-10-731 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-731. Purpose -- legislative declaration

  75-10-731. Purpose -- legislative declaration. (1) (a) The purposes of 75-10-730 through 75-10-738 are to provide for the protection of the public health, welfare, and safety and of the environment and to foster the cleanup, transfer, reuse, or redevelopment of facilities where releases or threatened releases of hazardous or deleterious substances exist.   (b) The legislature further declares that this program is intended to permit and encourage voluntary cleanup of facilities where releases or threatened releases of hazardous or deleterious substances exist by providing interested persons with a method of determining what the cleanup responsibilities will be for reuse or redevelopment of existing facilities.   (2) The legislature further intends that this voluntary program:   (a) encourage and facilitate prompt cleanup activities;   (b) eliminate impediments to the sale or redevelopment of facilities where releases or threatened releases of hazardous or deleterious substances exist; and   (c) minimize administrative processes and costs.   History: En. Sec. 5, Ch. 584, L. 1995.
MT Code § 75-10-733 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-733. Voluntary cleanup plan and reimbursement of remedial action costs

  75-10-733. Voluntary cleanup plan and reimbursement of remedial action costs. (1) Any person may submit an application for the approval of a voluntary cleanup plan to the department under the provisions of this section.   (2) A voluntary cleanup plan must include:   (a) an environmental assessment of the facility that includes the information required in 75-10-734;   (b) a remediation proposal that includes the information required in 75-10-734 and that meets the requirements of 75-10-721; and   (c) the written consent of current owners of the facility or property to allow:   (i) access to the facility by the applicant and its agents and the department; and   (ii) implementation of the voluntary cleanup plan when a remediation proposal includes the information required in 75-10-734 and meets the requirements of 75-10-721.   (3) (a) The applicant shall reimburse the department for any remedial action costs that the state incurs in the review and oversight of a voluntary cleanup plan.   (b) If the applicant does not reimburse the department for its remedial action costs in the time required under 75-10-722, the department may discontinue the review or approval process of the voluntary cleanup plan or void its approval of the voluntary cleanup plan. The department may also take action to recover its outstanding costs.   (4) The department may approve a voluntary cleanup plan that provides for phases of remediation or that addresses only a portion of the facility. To the extent that the original environmental assessment required under 75-10-734 addresses subsequent phases of remediation, the applicant may rely on that assessment when submitting voluntary cleanup plans for subsequent phases of remediation.   History: En. Sec. 7, Ch. 584, L. 1995; amd. Sec. 1, Ch. 117, L. 2009; amd. Sec. 1, Ch. 58, L. 2019.
MT Code § 75-10-735 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-735. Public participation

  75-10-735. Public participation. (1) Upon determination by the department that an application for a voluntary cleanup plan is complete pursuant to 75-10-736(1) and (2), the department shall publish a notice and brief analysis of the proposed plan in a daily newspaper of general circulation in the area affected and make the plan available to the public.   (2) The notice must provide 30 days for submission of written comments to the department regarding the plan. Upon written request by 10 or more persons, by a group composed of 10 or more members, or by a local governing body of a city, town, or county within the comment period, the department shall conduct a public meeting at or near the facility regarding the proposed voluntary cleanup plan. The meeting must be held within 45 days of the date that written notice of the department's completeness determination is provided to the applicant under 75-10-736(2).   (3) The department shall consider and respond to relevant written or verbal comments submitted during the comment period or at the public meeting.   (4) The department's decision on the final plan and the reasons for any significant modification of the final plan must be published in accordance with subsection (1).   (5) Compliance with this section is considered to satisfy the public participation requirements of Title 75, chapter 1.   History: En. Sec. 9, Ch. 584, L. 1995; amd. Sec. 2, Ch. 117, L. 2009.
MT Code § 75-10-737 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-737. Voluntary action to preclude remedial action by department

  75-10-737. Voluntary action to preclude remedial action by department. If a party has elected to undertake an approved voluntary cleanup and is diligently proceeding to implement the plan, the department may not, except as provided in 75-10-712, take remedial action under 75-10-711 with regard to those releases or threatened releases of hazardous or deleterious substances that are addressed by the approved voluntary cleanup plan.   History: En. Sec. 11, Ch. 584, L. 1995.
MT Code § 75-10-738 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-738. Closure

  75-10-738. Closure. (1) After completion of the voluntary cleanup plan, an applicant may petition the department for closure of the facility under 75-10-730 through 75-10-738.   (2) Within 60 days of receipt of a petition for closure, weather permitting, the department shall conduct a review to determine that the releases or threatened releases addressed in the voluntary cleanup plan do not pose a significant threat to public health, welfare, or safety or to the environment as determined in accordance with 75-10-721 and that the applicant has:   (a) implemented all appropriate remedial actions;   (b) if necessary, provided for long-term funding for facility maintenance or monitoring; and   (c) reimbursed the department for all remedial action costs of the voluntary cleanup.   (3) In the event that the petition for closure is not approved by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial. Written notification that the petition is approved by the department must include the following language:   "Based upon the information provided by [insert name(s) of applicant(s)] concerning property located at [insert address], it is the opinion of the Montana Department of Environmental Quality that upon completion of the voluntary cleanup plan, no further action is required to ensure that this facility, when used for [insert purposes identified], is protective of existing and proposed uses and does not pose a significant risk to public health, safety, or welfare or the environment at the facility with regard to releases or threatened releases addressed in the voluntary cleanup plan. The department reserves the right to conduct or require further remedial action at this facility if a new release occurs or if the department receives new or different information than presented in the approved voluntary cleanup plan."   (4) After completion of a portion of a facility addressed in the voluntary cleanup plan, the department shall issue a letter of completion notice to the applicant if the department determines that the applicant has satisfied the requirements of subsection (2).   History: En. Sec. 12, Ch. 584, L. 1995.
MT Code § 75-10-739 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-739. through 75-10-741 reserved

  75-10-739 through 75-10-741 reserved.
MT Code § 75-10-742 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-742. Short title

  75-10-742. Short title. Sections 75-10-742 through 75-10-751 may be cited as the "Controlled Allocation of Liability Act".   History: En. Sec. 12, Ch. 415, L. 1997.
MT Code § 75-10-744 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-744. Eligibility -- statute of limitations

  75-10-744. Eligibility -- statute of limitations. (1) Except for a facility that is listed on the national priorities list pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., a facility listed on the priority list established pursuant to 75-10-702 is eligible for the allocation process under 75-10-742 through 75-10-751.   (2) Only liability for remedial action costs is eligible for allocation and reimbursement from the orphan share fund. Allocation of liability and reimbursement of costs for natural resource damages is not permitted under 75-10-742 through 75-10-751.   (3) Remedial action costs incurred prior to the date of the potentially liable person's written petition to the department as provided in 75-10-745 are not eligible for reimbursement from the orphan share fund.   (4) Only one allocation will be allowed for each facility unless:   (a) the department determines that an additional allocation is appropriate due to:   (i) the existence of more than one discrete unit of contamination at the facility;   (ii) the discovery of new releases after remedial actions at the facility are complete; or   (iii) other factors the department determines appropriate.   (b) all the liable or potentially liable persons under 75-10-715 agree in writing that an orphan share does not exist for the proposed allocation and either of the conditions in subsection (4)(a)(i) or (4)(a)(ii) is met.   (5) A liable or potentially liable person under 75-10-715 may not file a cost recovery or contribution action against any person participating in the allocation process provided for in 75-10-742 through 75-10-751 until the allocation process is complete. The statute of limitations on the filing of cost recovery or contribution actions is tolled from the first date of a petition for allocation on a facility until 30 days after the submittal of the allocation report provided for in 75-10-750, or until 30 days following the expiration of the time period for appeal or the final decision on appeal.   History: En. Sec. 14, Ch. 415, L. 1997.
MT Code § 75-10-747 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-747. Discovery

  75-10-747. Discovery. (1) Each person participating in the allocation process for a facility may conduct discovery for a period of not more than 90 days from the date of the last notice or nomination letter. Discovery requests by each person participating in the allocation process, including the orphan share representative, are limited to the following unless otherwise agreed to by all persons participating in the allocation, including the orphan share representative:   (a) 5 1-day oral depositions not to exceed 8 hours each;   (b) 25 written interrogatories, including subparts;   (c) 50 requests for admission; and   (d) 50 requests for production of documents.   (2) The persons participating in the allocation process may extend the discovery period for up to 30 days if all persons agree to the extension in writing.   (3) Any participating person who is not responsive to discovery requests or who does not participate in the subsequent allocation proceeding and is allocated a share of liability remains subject to liability as provided in 75-10-715.   History: En. Sec. 17, Ch. 415, L. 1997.
MT Code § 75-10-748 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-748. Preallocation negotiations

  75-10-748. Preallocation negotiations. (1) After discovery pursuant to 75-10-747 closes, all persons participating in the allocation process shall conduct good faith settlement negotiations for a period of 30 days.   (2) The participating potentially liable persons may use an impartial mediator when conducting settlement negotiations.   (3) If a settlement is reached under subsection (1), the persons shall execute a stipulated agreement as provided in 75-10-750.   (4) If a stipulated agreement is not executed as provided in 75-10-750, the persons shall select an allocator as provided in 75-10-749.   History: En. Sec. 18, Ch. 415, L. 1997.
MT Code § 75-10-749 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-749. Allocator selection -- payment of fees

  75-10-749. Allocator selection -- payment of fees. (1) If the preallocation negotiations pursuant to 75-10-748 fail to produce a stipulated agreement within the timeframe provided in 75-10-748, the participating persons shall select an allocator within 30 days after the preallocation negotiations end. All participating persons shall agree on the selected allocator.   (2) Before selection or appointment as an allocator, a person shall disclose all conflicts of interest, including whether the allocator is or has been a relative, attorney, agent, employee, creditor, or contractor of, or in any manner is or has been interested financially or personally with, any person involved in the allocation.   (3) If the participating persons are unable to agree on an allocator within the required 30 days, one or more of the participating persons shall apply for judicial resolution, within 10 days, to the district court in the county where the release occurred or where any potentially liable person under 75-10-715 resides or has a principal place of business or in the district court of the first judicial district. If an application to the district court is not made within 10 days, all persons remain subject to liability as provided in 75-10-715 and the allocation process ends.   (4) Upon selection or appointment of the allocator, the lead person shall advance, if required by the allocator, up to $5,000 toward the allocator's expenses. Any expenses accrued by the allocator for legal or technical expertise must be approved in advance by all the participating persons. The allocator's fees and reasonable expenses must be divided among the participating liable persons, except the orphan share, in proportion to their allocated shares. The orphan share fund established in 75-10-743 is not responsible for any portion of the allocator's fees and expenses.   History: En. Sec. 19, Ch. 415, L. 1997.
MT Code § 75-10-751 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-751. Appeal of allocator's decision

  75-10-751. Appeal of allocator's decision. (1) A person may appeal the allocator's decision to district court within 30 days of the date of the allocation report. Venue lies in the county where the release occurred or where the liable person resides or has a principal place of business or in the first judicial district.   (2) The allocator's decision must be upheld unless the person appealing the decision demonstrates that the decision was:   (a) made upon unlawful procedure;   (b) affected by other error of law;   (c) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or   (d) arbitrary and capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion or was fraudulent.   (3) If the appeal is successful, the district court shall allocate the liability of the potentially liable persons using the factors outlined in 75-10-750.   (4) After decision on the appeal, all liable persons shall submit a stipulated agreement as provided in 75-10-750 to the department based on the court order.   History: En. Sec. 21, Ch. 415, L. 1997.
MT Code § 75-10-752 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-752. Repealed

  75-10-752. Repealed. Sec. 2, Ch. 368, L. 2003.   History: En. Sec. 22, Ch. 415, L. 1997.
MT Code § 75-10-753 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-753. through 75-10-755 reserved

  75-10-753 through 75-10-755 reserved.
MT Code § 75-10-756 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-756. Prohibition of covenant not to sue -- exceptions

  75-10-756. Prohibition of covenant not to sue -- exceptions. (1) Except as provided in subsections (2) and (3), a person may not include a covenant not to sue in a contract with a property owner for remedial action of a listed site.   (2) A contract between a property owner and a person conducting a remedial action on a listed site may, by mutual agreement, include a covenant not to sue if the person conducting the remedial action has:   (a) provided the property owner with a copy of a plan approved by the department or the United States environmental protection agency describing all of the remedial actions that will occur on the property owner's land; and   (b) held a public meeting in the county where the listed site is located to collect public comment on the remedial action plan.   (3) This section does not apply to contracts or access agreements in which remuneration of at least $1,000 is a part of the contract or access agreement.   (4) As used in this section, the following definitions apply:   (a) "Department" means the department of environmental quality provided for in 2-15-3501.   (b) "Listed site" means one or more tracts of land, buildings, structures, or other facilities containing a hazardous or deleterious substance that have been listed by the department pursuant to this part or placed on the national priorities list pursuant to 42 U.S.C. 9601, et seq.   History: En. Sec. 1, Ch. 368, L. 2009.
MT Code § 75-10-757 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 7. Remedial Action Upon Release of Hazardous Substance|75-10-757. Civil penalty

  75-10-757. Civil penalty. (1) A district court may assess a civil penalty of not more than $1,000 per day upon a person that violates the provisions of 75-10-756.   (2) An action under this section is not a bar to enforcement by injunction or other appropriate civil remedy.   (3) The penalty provided for in subsection (1) is recoverable in an action brought by the property owner. The action must be filed in the district court of the county in which the violation occurred.   History: En. Sec. 2, Ch. 368, L. 2009.