reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 4. Montana Petroleum Brownfields Revitalization Act › 75-11-402. Findings and intent -- purposes

75-11-402. Findings and intent -- purposes.
The legislature finds that:
(1) real properties exist across the state where the stigma of petroleum contamination hinders the development or best use of the property. These petroleum-contaminated properties may be eligible for petroleum brownfields funding.
(2) the cleanup of petroleum brownfields sites should be encouraged and facilitated to reduce threats to human health and the environment, prepare properties for reuse and redevelopment, and return property to local tax rolls;
(3) the petroleum tank release cleanup fund established in 75-11-313 is not sufficient to immediately address all petroleum tank release sites in Montana in a timely and comprehensive manner; and
(4) the department should encourage the use of federal brownfields money obtained by grant recipients for assessment and remediation at eligible petroleum brownfields sites and to leverage federal funds and limit costs imposed on Montana citizens.
History: En. Sec. 2, Ch. 296, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 4. Montana Petroleum Brownfields Revitalization Act › 75-11-407. Viability

75-11-407. Viability.
(1) For the purpose of determining the viability of a responsible party, the department shall presume that:
(a) ongoing businesses or companies and government entities are viable unless there is information suggesting that the presumption is not appropriate and the department determines the information is sufficient to rebut the presumption in a particular case; and
(b) individuals and defunct or insolvent companies are not viable unless there is information suggesting that the presumption is not appropriate and the department determines the information is sufficient to rebut the presumption in a particular case.
(2) The department may not determine that a responsible party is viable based solely on the fact that the owner or operator of the petroleum tank release site is eligible to be reimbursed by the petroleum tank release compensation board established in 2-15-2108 from the petroleum tank release cleanup fund established in 75-11-313.
(3) It is a grant recipient's responsibility to provide the department with sufficient financial information about a responsible party identified in a petroleum brownfields site eligibility application to determine whether the responsible party is a viable responsible party.
History: En. Sec. 4, Ch. 296, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 4. Montana Petroleum Brownfields Revitalization Act › 75-11-408. Brownfields site eligibility at petroleum tank release sites -- determinations and limitations

75-11-408. Brownfields site eligibility at petroleum tank release sites -- determinations and limitations.
(1) Before a grant recipient may expend federal brownfields funds at a petroleum tank release site, either the United States environmental protection agency or the department shall make a written determination that:
(a) there is no viable responsible party for the petroleum tank release site;
(b) the petroleum tank release site will not be assessed, investigated, or cleaned up by a potentially liable person; and
(c) the petroleum tank release site is not subject to an order under section 9003(h) of the federal Solid Waste Disposal Act, 42 U.S.C. 6991b(h), or Title 75, chapter 11.
(2) After the department or the United States environmental protection agency determines that a petroleum tank release site is eligible for federal brownfields funding, the department shall encourage and may not limit the use of a grant recipient's federal petroleum brownfields funding at the site even if the site owner or operator, as defined in 75-11-302, is eligible for funding from the petroleum tank release cleanup fund established in 75-11-313.
(3) The department may not limit the use of money from the petroleum tank release cleanup fund established in 75-11-313 when used as a commitment to a federal brownfields loan made by a grant recipient for remediation at a petroleum tank release site.
(4) (a) Except as provided in subsection (4)(b), a determination made by the department or the United States environmental protection agency that a petroleum tank release site is eligible for federal brownfields funding does not limit or alter the owner's or operator's responsibility to assess or remediate the petroleum tank release site in accordance with Title 75, chapter 11.
(b) If the department determines that a grant recipient has proposed to conduct a timely and comprehensive remediation using federal brownfields funding at a petroleum tank release site that has been determined by the department or the United States environmental protection agency to be eligible for petroleum brownfields funding and the proposed remediation plan is expected to meet or exceed remediation standards required by the department and financial commitments required by the petroleum tank release compensation board pursuant to Title 75, chapter 11, the department shall approve the comprehensive remediation plan and allow for the use of federal brownfields funding at the petroleum tank release site.
History: En. Sec. 5, Ch. 296, L. 2015; amd. Sec. 2, Ch. 57, L. 2023.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 4. Montana Petroleum Brownfields Revitalization Act › 75-11-409. Use of petroleum brownfields funding acquired by state -- limitations

75-11-409. Use of petroleum brownfields funding acquired by state -- limitations.
Prior to expending federal funds awarded to the state for the purpose of assessing or cleaning up petroleum tank release sites that are eligible for petroleum brownfields funding from the United States environmental protection agency under the federal Brownfields Revitalization and Environmental Restoration Act of 2001, Title II of Public Law 107-118, the department shall make a reasonable effort to coordinate with a grant recipient who may intend to expend federal brownfields funding to assess or remediate eligible petroleum brownfields sites in the grant recipient's brownfields target area and to ensure that the grant recipient is not intending to expend petroleum brownfields funding at the same eligible brownfields sites.
History: En. Sec. 6, Ch. 296, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-502. Intent, findings, and purpose

75-11-502. Intent, findings, and purpose.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Underground Storage Tank Act. It is the legislature's intent that the requirements of this part 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.
(2) The legislature finds that petroleum products and hazardous substances stored in underground tanks are regulated under the federal Resource Conservation and Recovery Act of 1976, as amended, and must be addressed and controlled properly by the state under this part. It is the purpose of this part to authorize the department to establish, administer, and enforce an underground storage tank leak prevention program for these regulated substances. The department may use the authority provided in this part and other appropriate authority provided by law to remedy violations of requirements established under this part.
History: En. Sec. 2, Ch. 112, L. 1997; amd. Sec. 20, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-504. Powers of department

75-11-504. Powers of department.
(1) The department may:
(a) administer and enforce the provisions of this part, rules implementing this part, and orders and permits issued pursuant to this part;
(b) accept and administer grants from the federal government and from other sources, public and private;
(c) abate public nuisances that affect the public health and welfare or the environment and that arise from or in connection with the past or present handling or disposal of any regulated substance; and
(d) enter property and permanently close an underground storage tank that:
(i) was in use after November 22, 1989;
(ii) was not permanently closed before December 23, 1998, in accordance with closure requirements established by this part; and
(iii) was neither:
(A) initially installed in accordance with design requirements established pursuant to this part; nor
(B) upgraded in accordance with rules adopted pursuant to this part.
(2) The department shall integrate all provisions of this part with other laws administered by the department to avoid unnecessary duplication.
History: En. Sec. 4, Ch. 112, L. 1997; amd. Sec. 10, Ch. 506, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-505. Administrative rules -- underground storage tanks -- petroleum mixing zones

75-11-505. Administrative rules -- underground storage tanks -- petroleum mixing zones.
(1) The department may adopt, amend, or repeal rules for the prevention and correction of leakage from underground storage tanks, including:
(a) reporting by owners and operators;
(b) financial responsibility;
(c) release detection, prevention, and corrective action;
(d) procedures and standards for the issuance, nonissuance, renewal, nonrenewal, modification, revocation, suspension, and enforcement of permits authorizing the operation of underground storage tanks;
(e) standards for design, construction, installation, and closure;
(f) development of a schedule of annual fees, not to exceed $108 for a tank over 1,100 gallons and not to exceed $36 for a tank 1,100 gallons or less, for each tank, for tank registration to defray state and local costs of implementing an underground storage tank program. The department may prorate fees to cover periods not equal to 12 months in order to provide staggered scheduling of renewal dates.
(g) a system for assessment of administrative penalties, notice, and appeals under 75-11-525; and
(h) delegation of authority and funds to local agents for inspections and implementation. The delegation of authority to local agents must complement and may not duplicate existing authority for implementation of rules adopted by the department of justice that relate to underground storage tanks.
(2) In accordance with 75-11-508, the department:
(a) shall adopt rules governing the inclusion of a petroleum mixing zone, as defined in 75-11-503, in a corrective action plan; and
(b) may incorporate by reference rules adopted pursuant to 75-5-301 and 75-5-303 related to mixing zones for ground water.
History: En. Sec. 5, Ch. 112, L. 1997; amd. Sec. 13, Ch. 506, L. 1999; amd. Sec. 3, Ch. 137, L. 2003; amd. Sec. 1, Ch. 51, L. 2007; amd. Sec. 4, Ch. 189, L. 2011; amd. Sec. 68, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-508. Corrective action -- petroleum mixing zones

75-11-508. Corrective action -- petroleum mixing zones.
(1) A corrective action plan prepared pursuant to 75-11-309 may include the use of a petroleum mixing zone, as defined in 75-11-503, in conjunction with the final remediation and resolution of a petroleum release.
(2) If a petroleum mixing zone is included in a corrective action plan, it may be established only when:
(a) all source material has been removed to the maximum extent practicable;
(b) the extent of petroleum contamination has been defined;
(c) natural breakdown or attenuation is occurring within the plume; and
(d) no further corrective action is reasonably required at the site.
(3) The boundary of a petroleum mixing zone established in accordance with this section must be contained within the boundary of the property on which the petroleum release originated unless a recorded easement, a restrictive covenant, or another institutional control approved by the department on an adjoining property allows the petroleum mixing zone to extend onto the adjoining property.
(4) Monitoring of a petroleum mixing zone may not be required unless there is a unique, overriding, site-specific, impact-related reason to require monitoring.
(5) At the downgradient boundary of a petroleum mixing zone, the concentration of any petroleum constituent, including benzene, may not exceed a water quality standard adopted pursuant to 75-5-301.
(6) If a petroleum mixing zone is established and maintained:
(a) the petroleum release is considered resolved;
(b) no further corrective action for the petroleum release is required; and
(c) the department shall issue a no-further-action letter to the owner or operator stating that a petroleum mixing zone has been established for the release and describing any conditions required to maintain the petroleum mixing zone.
(7) A corrective action plan approved by the department pursuant to 75-11-309 may be amended to include a petroleum mixing zone in accordance with this section, including a corrective action plan approved prior to April 15, 2011.
History: En. Sec. 5, Ch. 189, L. 2011; amd. Sec. 2, Ch. 107, L. 2015; amd. Sec. 69, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-510. Underground storage tank leak report -- inspections -- sampling

75-11-510. Underground storage tank leak report -- inspections -- sampling.
(1) If an owner or operator of an underground storage tank discovers or is provided with evidence that a tank may have leaked, the owner or operator shall immediately notify the department that a leak may exist.
(2) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which:
(i) regulated substances are or have been stored in underground storage tanks if the department has reason to suspect that the tanks are not in compliance with the provisions of this part or rules adopted under this part; or
(ii) records pertinent to the regulated substances activities are maintained.
(b) The employee or agent of the department may have access to and may copy any records relating to the regulated substances for the purposes of developing rules under this part or enforcing the provisions of this part, rules adopted under this part, or a permit or an order issued under this part.
(3) In the course of an inspection under this section, the employee or agent of the department may take samples of any regulated substance or suspected regulated substance, including samples from any soil or ground water. If the employee or agent of the department takes a sample of any regulated substance or suspected regulated substance, the employee or agent shall, prior to leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.
History: En. Sec. 6, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-511. Regulated substance inventory

75-11-511. Regulated substance inventory.
(1) The department is authorized to conduct an inventory of sites and locations in the state where regulated substances have been stored or disposed of at any time.
(2) If the department determines that the presence of a regulated substance or the release of the regulated substance may present a substantial hazard to the public health or to the environment, it may issue an order requiring the owner or operator of the site to conduct reasonable monitoring, testing, analysis, and reporting with respect to the site in order to ascertain the nature and extent of the hazard.
(3) An order issued under subsection (2) must require that the person to whom the order is issued submit to the department within 30 days a proposal for carrying out the required monitoring, testing, analysis, and reporting.
(4) If the department determines that the owner or operator referred to in subsection (2) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.
(5) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-11-510.
History: En. Sec. 7, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-513. Injunctions

75-11-513. Injunctions.
The department may institute and maintain, in the name of the state, actions for injunctive relief as provided in Title 27, chapter 19, to:
(1) immediately restrain any person from engaging in any unauthorized activity that is endangering or causing damage to the public health or to the environment;
(2) enjoin a violation of this part, a rule adopted under this part, or an order of the department or the board; or
(3) require compliance with this part, a rule adopted under this part, or an order of the department or the board.
History: En. Sec. 9, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-514. Imminent hazard

75-11-514. Imminent hazard.
Upon receipt of evidence that the storage or disposal of any regulated substance may present an imminent and substantial danger to the public health or to the environment, the department may commence legal proceedings to immediately restrain or enjoin any person who has contributed to or who is contributing to the storage or disposal from engaging in these activities or order the person to take other action as may be necessary, or both. The department may also take appropriate action as may be necessary under this section, including issuing orders necessary or appropriate to protect the public health and the environment.
History: En. Sec. 10, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-515. Cleanup orders

75-11-515. Cleanup orders.
The department may issue a cleanup order to any person who has discharged, deposited, or spilled any regulated substance into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any regulated substance into or onto any land or water so as to result in unlawful or unapproved disposal of a regulated substance. The order must direct the person to clean up and remove the regulated substance, to treat the regulated substance, or to take other actions as may be considered reasonable by the department.
History: En. Sec. 11, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-516. Civil penalties

75-11-516. Civil penalties.
(1) (a) A person who violates any provision of this part, a rule adopted under this part, or an order of the department or the board is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation.
(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.
(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. Penalties are also recoverable in an action brought by the department. The action must be brought in the district court of the county in which the violation occurred.
(3) Action under this section does not bar enforcement of this part, rules adopted under this part, or orders of the department or the board.
(4) Money collected under this section must be deposited in the state general fund.
History: En. Sec. 12, Ch. 112, L. 1997; amd. Sec. 20, Ch. 487, L. 2005; amd. Sec. 41, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-517. Lien

75-11-517. Lien.
(1) The costs incurred by the department to close an underground storage tank pursuant to 75-11-504 or 75-11-512 constitute a lien in favor of the state upon all property and rights to the property that belong to the owner or operator.
(2) The lien imposed by this section arises at the time that notice incorporating a description of the property on which the underground storage tank was permanently closed and an identification of the amount of costs is filed with the clerk and recorder of the county in which the real property is located. A copy of the notice must be served by certified mail upon the property owner.
(3) The costs constituting the lien may be recovered in an action in the district court for the district in which the property is located. This section does not affect the right of the state to bring an action against a person to recover all costs for which that person is liable under this part or any other provision of state or federal law.
(4) The lien must continue until the liability for the costs incurred as a result of the permanent closure of the underground storage tank by the state is satisfied.
(5) Payment of any liens under this section must be deposited in the account from which the costs incurred by the state originated.
History: En. Sec. 11, Ch. 506, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-518. Venue for legal actions

75-11-518. Venue for legal actions.
All legal actions affecting underground storage tanks or the disposal of regulated substances must be brought in the county in which the underground storage tank is located.
History: En. Sec. 14, Ch. 112, L. 1997; amd. Sec. 42, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-519. Liability -- defense and exclusions

75-11-519. 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. 5, Ch. 159, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-520. Construction in event of conflict

75-11-520. Construction in event of conflict.
The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under those provisions.
History: En. Sec. 15, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-521. Benchmarks -- budget action taken if not met

75-11-521. Benchmarks -- budget action taken if not met.
(1) Categorizing petroleum storage tank release sites as resolved is a higher priority than investigation of new releases unless the new release is an imminent danger to the health and safety of the public.
(2) The department shall develop a list of open release sites prioritized by danger to the health and safety of the public and anticipated date of categorizing the sites as resolved.
(3) (a) The cumulative benchmarks that are provided in subsection (3)(b) must be met. If the benchmarks are not met, money appropriated for petroleum storage tank leak prevention may not be included in the department's base budget, as defined in 17-7-102, for the current biennium.
(b) The cumulative benchmarks are as follows:
Date
Total Number of Resolved Sites
December 31, 2011
45
July 1, 2012
90
December 31, 2012
135
July 1, 2013
180
December 31, 2013
225
July 1, 2014
270
December 31, 2014
315
July 1, 2015
360
(4) As used in this section, the following definitions apply:
(a) "Petroleum storage tank" has the same meaning as prescribed in 75-11-302.
(b) "Release" has the same meaning as prescribed in 75-11-302.
(c) "Resolved" means a determination by the department that all cleanup requirements have been met and that conditions at the site ensure present and long-term protection of human health, safety, and the environment.
History: En. Sec. 4, Ch. 394, L. 2011; amd. Sec. 104, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 5. Montana Underground Storage Tank Act › 75-11-526. Underground storage tank special revenue account

75-11-526. Underground storage tank special revenue account.
(1) There is an underground storage tank account within the state special revenue fund established in 17-2-102. There must be paid into the account:
(a) revenues from underground storage tank permit and notification fees; and
(b) corrective action costs, damages, and penalties recovered under section 9003 of the federal Resource Conservation and Recovery Act of 1976, as amended.
(2) Appropriations may be made from the underground storage tank account for the following purposes only:
(a) state and local government costs of implementing the underground storage tank leak prevention program;
(b) state and local government costs relating to the investigation of leaking underground storage tanks; or
(c) state costs relating to the administration of the administrative penalty program.
History: En. Sec. 10, Ch. 384, L. 1989; amd. Sec. 4, Ch. 281, L. 1993; Sec. 75-10-447, MCA 1995; redes. 75-11-526 by Sec. 36(2), Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 6. Contaminated Property Compensation and Restoration › 75-11-601. Short title -- scope

75-11-601. Short title -- scope.
(1) This part may be cited as the "Montana Contaminated Property Compensation and Restoration Act".
(2) This part applies only to common law claims brought in judicial proceedings on behalf of private interests of individuals or entities.
History: En. Sec. 1, Ch. 409, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 6. Contaminated Property Compensation and Restoration › 75-11-602. Definitions

75-11-602. Definitions.
For purposes of this part, the following definitions apply:
(1) "Department" means the department of environmental quality provided for in 2-15-3501.
(2) (a) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum or petroleum products from a petroleum storage tank into ground water, surface water, surface soils, or subsurface soils that occurred from a petroleum storage tank, as defined in 75-11-302.
(b) The term does not include a release from the following petroleum storage tanks:
(i) a tank located at a refinery or a terminal of a refiner;
(ii) a tank located at an oil and gas production facility; or
(iii) a tank that is or was previously under the ownership or control of a railroad, except for a tank that was operated by a lessee of a railroad in the course of nonrailroad operations.
(3) "Restoration damages" means the amount of compensation determined necessary by a trier of fact to restore a contaminated special use property to its function and use prior to the contamination upon which a common law claim is based. The term includes reasonable attorney fees and costs incurred by the plaintiff.
(4) "Special use property" means real property contaminated by a release from a petroleum storage tank, as defined in 75-11-302, that is found by a trier of fact to have personal value to the plaintiff not reflected in the market value of the property or to have unique public, historic, cultural, or religious value not reflected in the market value of the property.
History: En. Sec. 2, Ch. 409, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 6. Contaminated Property Compensation and Restoration › 75-11-603. Restoration damages for contamination of special use property

75-11-603. Restoration damages for contamination of special use property.
(1) Restoration damages for a common law claim alleging contamination of special use property may be granted by the trier of fact and may only be obtained pursuant to this part.
(2) Nothing in this section precludes the award of other damages allowed under common law and statute.
History: En. Sec. 3, Ch. 409, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 6. Contaminated Property Compensation and Restoration › 75-11-604. Use of restoration damages -- request for trust account

75-11-604. Use of restoration damages -- request for trust account.
(1) Restoration damages awarded pursuant to 75-11-603, exclusive of damages awarded for attorney fees and costs, must be used to conduct any remedial and corrective action necessary to restore the special use property for which the damages were awarded to its function and use prior to the contamination for which the damages were awarded.
(2) Any party may request that a court awarding restoration damages may also order that those damages be deposited in a segregated trust account at a commercial bank or trust company to ensure compliance with subsection (1). The plaintiff may create a trust to be overseen by a qualified professional to restore the special use property.
History: En. Sec. 4, Ch. 409, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 6. Contaminated Property Compensation and Restoration › 75-11-605. Burden of proof

75-11-605. Burden of proof.
The plaintiff in an action for restoration damages resulting from the contamination of special use property has the burden of proof to show that a property meets the definition of a special use property.
History: En. Sec. 5, Ch. 409, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-101. Short title

75-15-101. Short title.
This part may be cited as the "Outdoor Advertising Act".
History: En. Sec. 1, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4715(b).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-102. Policy

75-15-102. Policy.
The legislature finds and declares that in order to promote the safety, convenience, and enjoyment of travel on and protection of the public investment in highways within this state and to preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, it shall be the policy of this state that the erection and maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and primary systems within this state shall be regulated in accordance with the terms of this part and the rules promulgated by the commission pursuant thereto. It is the intention of the legislature in this part to provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent to the interstate and primary systems declared by congress in Title 23, United States Code, "Highways".
History: En. Sec. 1, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4715(a).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-104. More restrictive regulations preserved

75-15-104. More restrictive regulations preserved.
Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than the provisions of this part.
History: En. Sec. 11, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4725.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-105. Relaxation of regulations if federal law changed

75-15-105. Relaxation of regulations if federal law changed.
In the event the general requirements of Title 23, United States Code, "Highways", or existing rules and regulations of the United States department of transportation become amended or changed to less restrictive conditions than presently exist, then the commission shall amend or change the rules that it may have adopted to come into conformity with the federal law, rule, and regulation.
History: En. Sec. 12, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4726; amd. Sec. 2, Ch. 510, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-112. Unlawful advertising

75-15-112. Unlawful advertising.
Outdoor advertising is unlawful:
(1) when erected after June 24, 1971, contrary to this part or erected after June 24, 1971, beyond 660 feet of the nearest edge of the right-of-way of an interstate or primary highway outside of an urban area with the purpose of its message being read from such main-traveled way and visible from such main-traveled way, unless such outdoor advertising meets the criteria of subsections (a), (b), or (c) of 75-15-111(1);
(2) when a permit is not obtained as prescribed in this part; or
(3) when a permittee fails to comply with a notice of violation as provided in 75-15-132.
History: En. Sec. 8, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 3, Ch. 89, L. 1974; amd. Sec. 165, Ch. 316, L. 1974; amd. Sec. 5, Ch. 216, L. 1975; amd. Sec. 4, Ch. 234, L. 1977; R.C.M. 1947, 32-4722(1).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-121. Commission rules authorized

75-15-121. Commission rules authorized.
The commission may adopt rules to control the erection and maintenance of outdoor advertising along the interstate and primary highway systems in conformance with the terms of this part and in conformity with 23 U.S.C. 131, as amended.
History: En. Sec. 4, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 161, Ch. 316, L. 1974; R.C.M. 1947, 32-4718.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-122. Permits required -- identification tags -- preexisting structures -- fees

75-15-122. Permits required -- identification tags -- preexisting structures -- fees.
(1) (a) A sign authorized by 75-15-111(1)(a), (1)(d), and (1)(e) may not be constructed or maintained without a permit. Applications for permits must be made to the department on forms furnished by it. The department shall require reasonable information to be furnished, including a statement that the owner or occupant of the land has consented to the erection or maintenance of the sign on the land. A permit must be obtained for each sign, and the application for the permit must be accompanied by a nonrefundable, initial fee.
(b) Permits must be issued for 3 years, assigned a permit number, and renewed every 3 years after issuance upon payment of a fee without the filing of a new application. All fees received must be paid into the highway account in the state special revenue fund.
(c) The fees described in subsections (1)(a) and (1)(b) are to be determined by the square footage of the sign face and established, by rule, by the commission to cover the costs of administering and enforcing this section.
(2) The department shall issue with each new permit a permanent identification tag not larger than 36 square inches that must be affixed to the sign in a position readily visible from the highway.
(3) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for a structure lawfully in existence on June 23, 1971, and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance.
(4) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for outdoor advertising lawfully in existence on June 23, 1971, and made nonconforming by virtue of 75-15-111(3), and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance.
History: En. Sec. 6, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 163, Ch. 316, L. 1974; amd. Sec. 1, Ch. 22, L. 1975; amd. Sec. 4, Ch. 216, L. 1975; R.C.M. 1947, 32-4720; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 5, Ch. 510, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-123. Acquisition of outdoor advertising rights -- compensation

75-15-123. Acquisition of outdoor advertising rights -- compensation.
(1) The department may acquire by gift, purchase, agreement, exchange, or eminent domain existing outdoor advertising and property rights pertaining to advertising that was lawfully in existence on June 24, 1971, and that by virtue of 75-15-111(1) is nonconforming. Eminent domain must be exercised in accordance with Title 70, chapter 30.
(2) Just compensation must be paid for outdoor advertising and property rights pertaining to the advertising acquired through the process of eminent domain. The department may remove outdoor advertising found to be in violation of 75-15-112 or 75-15-132 without payment of compensation.
(3) Except as provided in 75-15-131 and 75-15-132, a sign may not be required to be removed unless at the time of removal or discontinuance there are sufficient funds, from whatever source, appropriated and immediately available to pay the just compensation required under this section and unless at that time the federal funds required to be contributed under 23 U.S.C. 131(g), with respect to the outdoor advertising being removed, have been apportioned and are immediately available to this state.
History: En. Sec. 9, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 166, Ch. 316, L. 1974; amd. Sec. 6, Ch. 216, L. 1975; R.C.M. 1947, 32-4723(part); amd. Sec. 14, Ch. 68, L. 1979; amd. Sec. 90, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-124. Agreements with secretary establishing specifications for advertising

75-15-124. Agreements with secretary establishing specifications for advertising.
The department may enter into an agreement with the secretary regarding the size, lighting, and spacing of outdoor advertising, as provided in this part, which may be erected and maintained within the areas adjacent to the interstate and primary highway system which are zoned commercial, industrial, or in such other unzoned commercial or industrial areas as may be determined by agreement and as provided in this part.
History: En. Sec. 10, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 167, Ch. 316, L. 1974; R.C.M. 1947, 32-4724.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-131. Entry to inspect -- notice of unlawful advertising -- remedial action

75-15-131. Entry to inspect -- notice of unlawful advertising -- remedial action.
(1) The department may enter upon lands bearing outdoor advertising and make examination of such advertising.
(2) The department shall give notice in writing, either by certified mail or by personal service, to the owner or occupant of the land on which advertising believed to be unlawful is located and to the owner of the outdoor advertising structure if the latter is known or, if unknown, by posting notice in a conspicuous place on the structure of its intention to remove the unlawful advertising. Within 45 days after the notice, the owner of the land or of the structure may make a written request for a hearing before the commission to show cause why the structure should not be removed.
(3) If a hearing before the commission is not requested or if there is no appeal taken from the commission's decision at the hearing or if the commission's decision is affirmed on appeal, the department shall immediately remove or cause to be removed the unlawful outdoor advertising. The department may, upon final determination by the commission that an item of outdoor advertising is unlawful, enter upon lands bearing such advertising and remove the unlawful advertising.
(4) The owner of the structure and the owner or occupant of the land are jointly and severally liable for the costs of the removal.
History: En. Sec. 8, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 3, Ch. 89, L. 1974; amd. Sec. 165, Ch. 316, L. 1974; amd. Sec. 5, Ch. 216, L. 1975; amd. Sec. 4, Ch. 234, L. 1977; R.C.M. 1947, 32-4722(2), (3).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-132. False application or disrepair of structure -- remedial action

75-15-132. False application or disrepair of structure -- remedial action.
When the department determines that a willful false or misleading statement has been made in the application for a permit or that the structure for which a permit was issued is not in a reasonable state of repair or is unsafe, the department shall notify the holder of the permit in writing, either by certified mail or by personal service, of the violation and specify that remedial action shall be taken within 60 days or the permit will be revoked and action for removal of the sign commenced as provided in 75-15-131. No notice is required prior to filing a complaint after the notice period has lapsed.
History: En. Sec. 7, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 164, Ch. 316, L. 1974; R.C.M. 1947, 32-4721.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-133. Nonconforming advertising as nuisance

75-15-133. Nonconforming advertising as nuisance.
All outdoor advertising which does not conform to the requirements of this part is a public nuisance.
History: En. Sec. 16, Ch. 2, 2nd Ex. L. 1971; amd. Sec. 3, Ch. 140, L. 1977; R.C.M. 1947, 32-4728.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 1. Outdoor Advertising › 75-15-134. Violation as misdemeanor

75-15-134. Violation as misdemeanor.
Any person violating any provision of this part is guilty of a misdemeanor.
History: En. Sec. 15, Ch. 2, 2nd Ex. L. 1971; R.C.M. 1947, 32-4727.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-201. Purposes

75-15-201. Purposes.
(1) For the purposes of promoting the public safety, health, and welfare and the convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary systems within this state.
(2) The legislature hereby finds and declares that junkyards which do not conform to the requirements of this part are public nuisances.
History: En. Sec. 1, Ch. 285, L. 1967; R.C.M. 1947, 32-4513.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-202. Interpretation

75-15-202. Interpretation.
Nothing in this part shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than the provisions of this part.
History: En. Sec. 11, Ch. 285, L. 1967; R.C.M. 1947, 32-4523.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-203. Definitions

75-15-203. Definitions.
As used in this part only, the following definitions apply:
(1) "Interstate system" means that portion of the national system of interstate and defense highways located within this state as officially designated or as may hereafter be so designated by the state transportation commission and approved by the secretary of transportation pursuant to the provisions of Title 23, United States Code, "Highways".
(2) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, or waste; iron, steel, and other old or scrap ferrous or nonferrous material.
(3) "Junkyard" means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, excluding a motor vehicle graveyard or motor vehicle wrecking facility which is regulated under Title 75, chapter 10, part 5, and excluding a garbage dump or sanitary landfill which is regulated under Title 75, chapter 10, part 2.
(4) "Primary system" means that portion of connected main highways as officially designated or as may hereafter be so designated by the commission and approved by the secretary of transportation pursuant to the provisions of Title 23, United States Code, "Highways".
History: En. Sec. 2, Ch. 285, L. 1967; R.C.M. 1947, 32-4514; amd. Sec. 1, Ch. 340, L. 1983; amd. Sec. 6, Ch. 75, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-204. Agreements with the United States

75-15-204. Agreements with the United States.
The department of transportation may enter into agreements with the United States secretary of transportation as provided in Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems and take action in the name of the state to comply with the terms of those agreements.
History: En. Sec. 10, Ch. 285, L. 1967; amd. Sec. 159, Ch. 316, L. 1974; R.C.M. 1947, 32-4522; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-205. Injunction

75-15-205. Injunction.
The department of transportation may apply to the district court for the county in which is located any junkyard not conforming to the requirements of this part for an injunction to abate such nuisance.
History: En. Sec. 9, Ch. 285, L. 1967; amd. Sec. 158, Ch. 316, L. 1974; R.C.M. 1947, 32-4521; amd. Sec. 3, Ch. 512, L. 1991.