reglab/housing_qa huggingface dataset:
MT Code § 75-10-428 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-428. Liability -- defense and exclusions

  75-10-428. Liability -- defense and exclusions. (1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that:   (a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;   (b) the person has not caused or contributed to the violation; and   (c) the person is making an effort to abate the violation.   (2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.   History: En. Sec. 3, Ch. 159, L. 2013.
MT Code § 75-10-429 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-429. and 75-10-430 reserved

  75-10-429 and 75-10-430 reserved.
MT Code § 75-10-431 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-431. Definitions

  75-10-431. Definitions. As used in 75-10-432, the following definitions apply:   (1) "Class I facility" means a hazardous waste management facility that:   (a) contains one or more regulated landfill units, surface impoundments, land treatment units, incinerators, boilers, or industrial furnaces; and   (b) primarily receives hazardous waste generated by offsite sources not owned, controlled, or operated by the facility owner or operator.   (2) "Class II facility" means a hazardous waste management facility that is neither a class I facility nor a class III facility.   (3) "Class III facility" means a hazardous waste management facility that:   (a) does not contain a regulated landfill unit, surface impoundment, land treatment unit, incinerator, boiler, or industrial furnace; and   (b) primarily receives hazardous waste generated either onsite or by offsite sources that are owned, controlled, or operated by the facility owner or operator.   History: En. Sec. 2, Ch. 341, L. 1993.
MT Code § 75-10-432 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-432. Hazardous waste management facility filing and review fees

  75-10-432. Hazardous waste management facility filing and review fees. (1) The department may establish and collect fees for the filing and review of hazardous waste management facility permits. The fees must be based upon the following schedule:   (a) for class I facilities, a maximum fee of $150,000, payable as follows:   (i) a nonrefundable payment of $50,000 due when an applicant files for a permit;   (ii) a payment of $50,000 due when the department notifies the applicant that the application is complete; and   (iii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $100,000. This payment is due 30 days after the department's final decision on the application.   (b) for class II facilities, a maximum fee of $90,000, payable as follows:   (i) a nonrefundable payment of $40,000 due when an applicant files for a permit; and   (ii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $40,000. This payment is due 30 days after the department's final decision on the application.   (c) for class III facilities, a maximum fee of $25,000, payable as follows:   (i) a nonrefundable payment of $10,000 due when an applicant files for a permit; and   (ii) an additional payment of up to $15,000 for the portion of the department's actual costs of review that exceed $10,000. This payment is due 30 days after the department's final decision on the application.   (2) If, after receipt of the payment required in subsection (1)(a)(ii), the applicant notifies the department in writing of its intent to withdraw the application, the department shall return to the applicant any portion of the payment received pursuant to subsection (1)(a)(ii) in excess of the department's actual costs of permit review.   (3) The department shall deposit all fees collected pursuant to this section into an account in the state special revenue fund as provided in 75-10-434.   History: En. Sec. 3, Ch. 341, L. 1993.
MT Code § 75-10-433 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-433. Hazardous waste management fees

  75-10-433. Hazardous waste management fees. (1) An owner or operator of a hazardous waste management facility that primarily receives waste generated by offsite sources that are not owned, controlled, or operated by the facility owner or operator or site owner shall collect from generators and remit quarterly to the department a fee of:   (a) $8 per ton on all hazardous waste received at the facility or site for management in regulated landfill units, surface impoundments, land treatment units, incinerators, boilers, or industrial furnaces; and   (b) $4 per ton on all hazardous waste received at the facility or site for management in any regulated unit or units other than those units described in subsection (1)(a).   (2) The fees established in subsection (1) may be prorated for amounts of hazardous waste received that are less than 1 ton in weight.   (3) The department shall remit 15% of the fees received under this section from a facility to the county in which the facility is located. The county may use the money for the purpose of implementing hazardous material or hazardous waste monitoring and response programs.   (4) The department shall deposit all fees collected under this section, except fees paid to a county, into an account in the state special revenue fund as provided in 75-10-434.   History: En. Sec. 4, Ch. 341, L. 1993.
MT Code § 75-10-434 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-434. Deposit of hazardous waste management fees

  75-10-434. Deposit of hazardous waste management fees. (1) There must be credited to an account within the state special revenue fund established in 17-2-102:   (a) all fees collected under 75-10-432;   (b) all fees collected under 75-10-433, except fees paid to a county;   (c) all fees collected for the registration of hazardous waste generators; and   (d) all fees collected for the reissuance or modification of hazardous waste management facility permits.   (2) Money in the account may be used by the department only for the administration of the hazardous waste provisions of this part.   History: En. Sec. 5, Ch. 341, L. 1993; amd. Sec. 1, Ch. 84, L. 1997.
MT Code § 75-10-435 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-435. through 75-10-440 reserved

  75-10-435 through 75-10-440 reserved.
MT Code § 75-10-441 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-441. Hazardous waste site -- public hearing required before operation

  75-10-441. Hazardous waste site -- public hearing required before operation. (1) The owner or manager of a proposed commercial facility for the storage, collection, or transfer of hazardous waste (whether or not the proposed facility is subject to permitting under 75-10-406) shall conduct a public hearing in the nearest population center to provide information and answer questions on:   (a) facility plans and operating procedures;   (b) emergency response plans and the manner in which neighboring population densities have been considered in the facility siting decision;   (c) the kinds of substances to be handled and any applicable state and federal requirements for the provision of public information on these substances;   (d) procedures that will be used to inform the public of any changes in the kinds of substances to be handled; and   (e) any other matters related to the operation of the facility that are pertinent to protecting public health, safety, and the environment.   (2) The hearing must be conducted no later than 60 days prior to the commencement of commercial hazardous waste storage, collection, or transfer operations at the facility.   (3) The hearing must be preceded by written notice:   (a) posted in no fewer than 25 locations of high public visibility and geographically distributed in neighborhoods within one-half mile of the facility;   (b) published in a newspaper of general circulation once a week for the 3 weeks immediately preceding the hearing; and   (c) delivered to the department not less than 30 days prior to the hearing.   History: En. Sec. 1, Ch. 340, L. 1987.
MT Code § 75-10-442 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-442. Moratorium on certain hazardous waste facility permits

  75-10-442. Moratorium on certain hazardous waste facility permits. (1) Until October 1, 1993, the department may not issue a permit under 75-10-406 for a boiler or industrial furnace that burns hazardous waste or hazardous waste-derived fuel.   (2) Notwithstanding the provisions of (1), the department shall proceed in a reasonable and timely manner in adopting rules implementing 75-10-406 and in processing applications required under 75-10-406.   History: En. Sec. 3, Ch. 16, Sp. L. July 1992.
MT Code § 75-10-443 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-443. through 75-10-446 reserved

  75-10-443 through 75-10-446 reserved.
MT Code § 75-10-447 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-447. Renumbered 75-11-526

  75-10-447. Renumbered 75-11-526. Sec. 36(2), Ch. 112, L. 1997.
MT Code § 75-10-448 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-448. through 75-10-450 reserved

  75-10-448 through 75-10-450 reserved.
MT Code § 75-10-451 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 4. Hazardous Waste Management|75-10-451. Halogenated solvents -- sale restricted -- proof of registration required -- procedure

  75-10-451. Halogenated solvents -- sale restricted -- proof of registration required -- procedure. (1) It is unlawful for any person to distribute, sell, or offer for sale within the state quantities of 20 gallons or more of halogenated solvent annually to a single purchaser for commercial or government use unless the purchaser possesses proof of registration with the department.   (2) It is unlawful for any person to annually use 20 gallons or more of a halogenated solvent for commercial purposes without registering with the department.   (3) Under this section, halogenated solvents include but are not limited to solvents containing tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, and other hazardous wastes referenced in 40 CFR 261.31, United States environmental protection agency hazardous waste numbers F001 and F002, as amended.   (4) To register with the department, a person or government unit shall file a statement indicating the following:   (a) the person's or government unit's name and business address;   (b) the estimated volume of halogenated solvent used annually for commercial or government purposes; and   (c) the method of waste disposal in accordance with requirements specified by department rules, including:   (i) treatment or disposal in an onsite facility;   (ii) delivery to an appropriate offsite storage, treatment, or disposal facility;   (iii) beneficial use or reuse; or   (iv) legitimate recycling or reclamation.   (5) Pursuant to the requirements of subsection (4), the department shall:   (a) notify affected persons and government units of the requirements;   (b) prepare and distribute forms for the statement;   (c) prepare and distribute information to assist persons and government units in selecting appropriate methods to use, dispose of, or reuse waste halogenated solvents; and   (d) register any person or government unit who files a completed statement.   (6) This section does not authorize the department to impose new or additional requirements for waste disposal on commercial or government users of halogenated solvents.   History: En. Sec. 1, Ch. 117, L. 1989.
MT Code § 75-10-502 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-502. Possession of junk vehicles as prima facie evidence of motor vehicle wrecking facility

  75-10-502. Possession of junk vehicles as prima facie evidence of motor vehicle wrecking facility. Possession at a single location of four or more junk vehicles of a type required to be licensed is prima facie evidence that the possessor is operating a motor vehicle wrecking facility.   History: En. Sec. 3, Ch. 410, L. 1973; amd. Sec. 3, Ch. 252, L. 1977; R.C.M. 1947, 69-6803.
MT Code § 75-10-503 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-503. Adoption of rules

  75-10-503. Adoption of rules. (1) The department shall adopt rules necessary for the administration of this part, except 75-10-520, including but not limited to rules pertaining to:   (a) the establishment, control, operation, and licensing of motor vehicle wrecking facilities and graveyards;   (b) the control of junk vehicles in locations other than motor vehicle wrecking facilities and graveyards;   (c) the inspection and evaluation of premises and records subject to or required by this part;   (d) the development of budget and fiscal forms and procedures for counties;   (e) the review, approval, and control procedures for county motor vehicle graveyards developed under this part; and   (f) the shielding of a junk vehicle and motor vehicle wrecking facility and graveyard from public view. The department may not adopt a rule that requires any motor vehicle wrecking facility that existed prior to July 1, 1973, and that has been continuously used as a motor vehicle wrecking facility to construct a fence or barrier that would be in excess of 12 feet in height.   (2) The department shall adopt rules authorizing the sale of junk vehicles by county motor vehicle graveyards to licensed motor vehicle wrecking facilities.   (3) The department shall adopt rules providing for the reimbursement of hired removal charges of certain abandoned vehicles in accordance with 61-12-401.   History: (1)En. Sec. 8, Ch. 410, L. 1973; amd. Sec. 6, Ch. 252, L. 1977; R.C.M. 1947, 69-6808(part); amd. Sec. 2, Ch. 28, L. 1983; (2)En. Sec. 1, Ch. 698, L. 1989; amd. Sec. 2, Ch. 572, L. 1991; amd. Sec. 197, Ch. 418, L. 1995; amd. Sec. 5, Ch. 513, L. 1999.
MT Code § 75-10-504 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-504. Shielding -- new facility

  75-10-504. Shielding -- new facility. A motor vehicle wrecking facility or graveyard site established or proposed on or after July 1, 1973, may not be approved for use or licensed if the proposed facility cannot be shielded from public view on the date it is initially established or proposed to the department for licensure. The prohibition concerning approval of a new motor vehicle wrecking facility or graveyard site does not apply to a facility site that was licensed as such at any time within the 18 months immediately preceding the date an application is made for licensure of such site.   History: En. Sec. 8, Ch. 410, L. 1973; amd. Sec. 6, Ch. 252, L. 1977; R.C.M. 1947, 69-6808(part); amd. Sec. 3, Ch. 28, L. 1983.
MT Code § 75-10-505 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-505. Shielding and removal of junk vehicles generally

  75-10-505. Shielding and removal of junk vehicles generally. Notwithstanding the provisions of this part, any person possessing one or more junk vehicles, regardless of ownership, shall shield the vehicles from public view or remove the vehicles to a licensed motor vehicle wrecking facility or to a licensed motor vehicle graveyard after the vehicles are released from the owner. Small accumulations of salvageable vehicles or component parts, none of which are offered for sale, retained by active farming or ranching operations for repair and maintenance of vehicles, or agricultural equipment used in their operations, are exempted from this requirement.   History: En. Sec. 6, Ch. 572, L. 1991.
MT Code § 75-10-506 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-506. through 75-10-510 reserved

  75-10-506 through 75-10-510 reserved.
MT Code § 75-10-511 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-511. Motor vehicle wrecking facility and motor vehicle graveyard licenses

  75-10-511. Motor vehicle wrecking facility and motor vehicle graveyard licenses. (1) A person may not conduct, maintain, or operate a motor vehicle wrecking facility or motor vehicle graveyard without a license issued by the department.   (2) Application for the license must be made on forms furnished by the department.   (3) An annual fee of $100 must be paid to the department for the license. The fee may be quarterly prorated for new facilities.   (4) A motor vehicle graveyard is excluded from paying the annual license fee but must meet all other requirements of this part.   (5) A license must be displayed in a prominent place in the licensed facility or graveyard.   (6) The license expires on December 31 of the year issued.   (7) If a motor vehicle wrecking facility ceases to do business, the license must be surrendered to the department. The license is not transferable.   History: En. Sec. 2, Ch. 410, L. 1973; amd. Sec. 2, Ch. 252, L. 1977; R.C.M. 1947, 69-6802(1) thru (6); amd. Sec. 2, Ch. 317, L. 2001.
MT Code § 75-10-512 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-512. Records required of facilities

  75-10-512. Records required of facilities. (1) Each motor vehicle wrecking facility shall maintain books or files in which are kept a record and description of every junk vehicle obtained by it, together with the name and address of the person from whom the vehicle was purchased.   (2) This record must also contain:   (a) the certificate of title, sheriff's certificate of sale, notarized bill of sale from the former owner or person selling the vehicle, release of ownership or interest in the motor vehicle, or sheriff's release;   (b) the name of the state where the vehicle was last registered;   (c) the make of the vehicle;   (d) the vehicle identification number, as defined in 61-3-210, or the motor number, identification number, or serial number;   (e) the date purchased;   (f) the disposition of the vehicle.   (3) An authorized representative of the department of justice who presents credentials may also inspect, have access to, and copy records required under this section.   History: En. Sec. 4, Ch. 410, L. 1973; R.C.M. 1947, 69-6804(1), (2); amd. Sec. 1, Ch. 427, L. 1985; amd. Sec. 5, Ch. 725, L. 1991; amd. Sec. 76, Ch. 10, L. 1993; amd. Sec. 79, Ch. 477, L. 2003.
MT Code § 75-10-513 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-513. Disposal of junk vehicles -- records

  75-10-513. Disposal of junk vehicles -- records. (1) If a person owning or operating a motor vehicle wrecking facility submits a junk vehicle to the disposal program, the vehicle is then the property of the state.   (2) A person owning or operating a motor vehicle graveyard shall submit to the department the records, documents, and other information concerning junk vehicles received by that person that are required by rules of the department.   History: En. Sec. 4, Ch. 410, L. 1973; R.C.M. 1947, 69-6804(3); amd. Sec. 2, Ch. 427, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 69, Ch. 18, L. 1995; amd. Sec. 1, Ch. 281, L. 2003; amd. Sec. 80, Ch. 477, L. 2003; amd. Sec. 3, Ch. 53, L. 2007.
MT Code § 75-10-514 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-514. Denial, suspension, or revocation of license -- grounds

  75-10-514. Denial, suspension, or revocation of license -- grounds. (1) The department may deny or suspend a motor vehicle wrecking facility's license on any of the following grounds:   (a) The applicant or licensee sold or otherwise disposed of a motor vehicle, trailer, or any part of a motor vehicle or trailer when it knew the vehicle or part was stolen or was appropriated without the consent of the owner.   (b) The applicant or licensee committed forgery on a certificate of title covering a vehicle that has been reassembled from parts obtained from the disassembling of other vehicles.   (c) The applicant or licensee committed any illegal act or omission that has caused loss as the result of a sale of a motor vehicle, trailer, or part of a motor vehicle or trailer.   (d) The applicant or licensee failed to comply with this part or with a rule of the department.   (e) The applicant or licensee obtained a license fraudulently.   (2) The department may revoke a motor vehicle wrecking facility's license on the following grounds:   (a) the license was suspended pursuant to subsection (1)(d) and the facility failed to cure the defect or defects underlying the suspension during the period of suspension; or   (b) the license was suspended pursuant to subsection (1)(a), (1)(b), (1)(c), or (1)(e) and, after suspension, the licensee performed an act that is grounds for suspension pursuant to subsections (1)(a) through (1)(e) at any time during the remaining active life of the facility.   History: En. Sec. 9, Ch. 410, L. 1973; R.C.M. 1947, 69-6809; amd. Sec. 2, Ch. 213, L. 1997.
MT Code § 75-10-515 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 10. Waste and Litter Control|Part 5. Motor Vehicle Recycling and Disposal|75-10-515. Appeals

  75-10-515. Appeals. A decision by the department to issue, deny, or revoke a motor vehicle wrecking facility or graveyard license may be appealed to the board within 30 days after receipt of official notice of the department's decision.   History: En. Sec. 2, Ch. 410, L. 1973; amd. Sec. 2, Ch. 252, L. 1977; R.C.M. 1947, 69-6802(7).