reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-934. Repealed

75-10-934. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 27, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-935. Repealed

75-10-935. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 28, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-938. Repealed

75-10-938. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 29, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-939. Repealed

75-10-939. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 30, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-940. Repealed

75-10-940. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 31, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-941. Repealed

75-10-941. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 32, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-942. Repealed

75-10-942. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 33, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-943. Repealed

75-10-943. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 34, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-944. Repealed

75-10-944. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 35, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-945. Repealed

75-10-945. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 36, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-950. Repealed

75-10-950. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 1, Ch. 541, L. 1991; amd. Sec. 3, Ch. 338, L. 1993; amd. Sec. 208, Ch. 418, L. 1995; amd. Secs. 532, 568, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-951. Repealed

75-10-951. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 2, Ch. 541, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-952. Repealed

75-10-952. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 3, Ch. 541, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-953. Repealed

75-10-953. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 4, Ch. 541, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-954. Repealed

75-10-954. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 5, Ch. 541, L. 1991; amd. Sec. 55, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 10. Infectious Waste Management Act › 75-10-1002. Purpose

75-10-1002. Purpose.
The purpose of this part is to protect the public health, safety, and welfare of the citizens of Montana by developing and implementing infectious waste management policies that are reasonable, cost-effective, aesthetically pleasing, and environmentally acceptable.
History: En. Sec. 2, Ch. 483, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 10. Infectious Waste Management Act › 75-10-1003. Definitions

75-10-1003. Definitions.
As used in this part, the following definitions apply:
(1) "Disposal" or "dispose" has the meaning provided in 75-10-203.
(2) "Generate" or "generation" means to produce infectious waste.
(3) "Infectious" means capable of producing disease. To be infectious, the following four factors simultaneously must be present:
(a) virulence, which is the ability of microorganisms to cause disease;
(b) dose, which is microorganisms in a quantity sufficient to cause infection;
(c) portal of entry, which is an opening or route of access into a human body; and
(d) host susceptibility, which means the host's natural resistance is incapable of preventing infection.
(4) "Infectious waste" means waste capable of producing infectious disease. Infectious waste includes but is not limited to:
(a) cultures and stocks of infectious agents and associated biologicals;
(b) human pathological waste, including tissues, organs, and body parts removed during surgery or an autopsy;
(c) free-flowing waste human blood and products of blood, including serum, plasma, and other blood components and items soaked or saturated with blood; and
(d) sharps that have been used in patient care, medical research, or industrial laboratories.
(5) "Intermediate point" means a place where infectious waste is not treated or disposed of.
(6) "Person" means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not.
(7) "Sharps" means any discarded health care article that may cause punctures or cuts, including but not limited to:
(a) broken glass that may be contaminated with blood;
(b) needles; and
(c) scalpel blades.
(8) "Steam sterilization" means a treatment method for infectious waste using saturated steam within a pressure vessel (known as a steam sterilizer, autoclave, or retort) at a time, for a period of time, and at a temperature sufficient to kill infectious agents within the waste.
(9) "Storage" or "store" means to hold for a temporary period.
(10) "Transport" or "transportation" means to move infectious waste from the point of generation to any intermediate point or to the point of ultimate treatment or disposal.
(11) "Treat" or "treatment" means to apply a method, technique, or process, including incineration, designed to render infectious waste sterile.
History: En. Sec. 3, Ch. 483, L. 1991; amd. Sec. 209, Ch. 418, L. 1995; amd. Sec. 2, Ch. 97, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 10. Infectious Waste Management Act › 75-10-1004. Prohibition

75-10-1004. Prohibition.
(1) Except as provided in subsection (2), a person may not generate, treat, store, transport, or dispose of infectious waste in a manner not authorized under the provisions of this part or rules adopted under the provisions of this part.
(2) The prohibition in subsection (1) does not apply to the generation of infectious waste by an individual in reasonable association with the individual's household operations.
History: En. Sec. 4, Ch. 483, L. 1991; amd. Sec. 3, Ch. 97, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 10. Infectious Waste Management Act › 75-10-1006. Generation licensing and regulation -- rulemaking authority

75-10-1006. Generation licensing and regulation -- rulemaking authority.
(1) A person that is required to obtain a license from a board or department of the state to operate a health care facility, as defined in 50-5-101, or to engage in a profession or occupation:
(a) may not generate infectious waste, store infectious waste at a place where infectious waste is generated, or transport infectious waste from the point of generation to an intermediate point without a license; and
(b) shall comply with the rules adopted under this part by the board or department responsible for licensing that person.
(2) A board or department of the state that issues a license to a person that generates infectious waste:
(a) shall adopt rules to implement this part governing the following activities by a licensee:
(i) generation of infectious waste;
(ii) storage of infectious waste at a place where infectious waste is generated;
(iii) transportation of infectious waste from the place of generation to an intermediate point; and
(b) may impose and adjust annual fees commensurate with the costs of regulation.
History: En. Sec. 6, Ch. 483, L. 1991; amd. Sec. 4, Ch. 97, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 10. Infectious Waste Management Act › 75-10-1007. Criminal penalty

75-10-1007. Criminal penalty.
A person who violates this part or a rule adopted pursuant to this part is guilty of a misdemeanor. Absolute liability, as provided for in 45-2-104, is imposed for a violation of this part or a rule adopted under this part.
History: En. Sec. 5, Ch. 97, L. 2007; amd. Sec. 106, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 11. Notice of Motor Oil Recycling Center › 75-10-1101. Waste oil notice

75-10-1101. Waste oil notice.
(1) Each retailer and wholesaler offering motor oil for sale shall visibly display at an appropriate location within the retail store or wholesale outlet a sign indicating the location of the nearest waste oil recycling collection center if the center is within 25 miles of the retailer or wholesaler.
(2) The department of environmental quality shall design an oil recycling sign to be used by retailers and wholesalers. The department may establish the specifications for the sign by rule.
History: En. Sec. 1, Ch. 623, L. 1991; amd. Sec. 210, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1201. Definitions

75-10-1201. Definitions.
As used in this part, the following definitions apply:
(1) "Board" means the board of environmental review provided for in 2-15-3502.
(2) "Department" means the department of environmental quality provided for in 2-15-3501.
(3) "Disposal" means the discharge, injection, deposit, dumping, spilling, leaking, or placing of septage into or onto the land or water.
(4) "Domestic sewage" means waste and wastewater from humans or household operations that are discharged to or otherwise enter a treatment works.
(5) "Industrial wastewater" means wastewater generated in a commercial or industrial process.
(6) "Person" means an individual, firm, partnership, association, corporation, city, town, local government entity, or other government or private entity, whether organized for profit or not.
(7) (a) "Septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, or similar treatment works that receives only domestic sewage.
(b) Septage does not include material removed from a septic tank, cesspool, or similar treatment works that receives industrial wastewater and does not include grease removed from a grease trap at a restaurant.
(8) "Treatment works" means a publicly owned or privately owned device or system used to treat, including to recycle and to reclaim, either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature.
History: En. Sec. 1, Ch. 378, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1202. Department rulemaking authority

75-10-1202. Department rulemaking authority.
Except as provided in subsection (4), the department shall adopt rules governing the licensure of a person engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage. The rules must provide:
(1) procedures for issuance, denial, renewal, and revocation of licenses;
(2) requirements that provide for the sanitary disposal of septage, including:
(a) application of septage to agricultural land, forest land, and reclamation sites;
(b) standards governing rates of application pursuant to subsection (2)(a);
(c) land application standards and restrictions, including:
(i) pathogen restrictions and treatment requirements;
(ii) vector attraction reduction requirements;
(iii) frequency of monitoring; and
(iv) recordkeeping requirements; and
(3) surface disposal standards, including:
(a) the vector attraction reduction requirements for septage placed on an active sewage sludge unit;
(b) the frequency of monitoring required when septage is placed on an active sewage sludge unit;
(c) the recordkeeping required when septage is placed on a surface disposal site; and
(d) requirements for the disposal of waste from:
(i) cesspools, septic tanks, portable toilets, and other similar treatment works that receive industrial wastewater or grease removed from grease traps; and
(ii) grease traps.
(4) The department may not adopt rules pertaining to the business operations of persons engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage, including the fees charged for cleaning or leasing portable toilets.
History: En. Sec. 2, Ch. 378, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1203. Special revenue account

75-10-1203. Special revenue account.
There is an account in the state special revenue fund. Money in the account must be used to fund administration and enforcement of this part. The department shall use $50 of each license fee collected under 75-10-1212 to provide training and education for those licensed under this part.
History: En. Sec. 10, Ch. 378, L. 1999; amd. Sec. 1, Ch. 18, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1210. License required -- exception

75-10-1210. License required -- exception.
(1) Except as provided in subsection (2), a person may not engage in the business of cleaning cesspools, septic tanks, or privies or dispose of septage unless licensed by the department.
(2) An owner or lessee of property from which septage is removed may dispose of that septage on that person's property if:
(a) the person pumps the septage with the person's equipment or retains a person licensed pursuant to the provisions of subsection (1) to pump the septage; and
(b) the disposal does not violate disposal restrictions or rules adopted pursuant to 75-10-1202 or create a nuisance or public health hazard.
History: En. Sec. 3, Ch. 378, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1211. Application for license

75-10-1211. Application for license.
An application for a license must be made to the department on forms provided by the department. The application must contain:
(1) the full name and business address of the applicant;
(2) a list of the counties in which business is to be conducted and a list of disposal sites that the applicant intends to use during the permit year;
(3) for each disposal site listed pursuant to subsection (2), a certification by a local health officer or the local health officer's designated representative in the county in which the disposal site is located that the site meets all applicable state and local requirements;
(4) written permission to use each proposed disposal site signed by the owner, manager, or other person authorized to give permission to use the disposal site; and
(5) any additional information required by rule.
History: En. Sec. 4, Ch. 378, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1212. License term, renewal, and fees

75-10-1212. License term, renewal, and fees.
(1) A license expires on December 31 of each calendar year. A license is renewable in accordance with procedures established in rules adopted pursuant to 75-10-1202 and upon receipt of the application provided for in subsection (2) of this section. A license is not transferable. If a person ceases to do business, the license terminates and the license must be returned to the department.
(2) An application for renewal of a license must be made on a form provided by the department. The application must contain:
(a) the full name and address of the licensee;
(b) a list of counties in which business is to be conducted during the renewal term;
(c) a list of disposal sites that the licensee intends to use during the renewal term;
(d) for each disposal site listed pursuant to subsection (2)(c) but not previously listed by the licensee for the year immediately preceding the renewal year:
(i) a certification by the local health officer or the local health officer's representative in the county in which the disposal site is located that the site meets all applicable state and local requirements; and
(ii) written permission to use the site signed by the owner, manager, or other person authorized to give permission to use the site; and
(e) any additional information required by the department by rule.
(3) The fee for a license, including renewal of a license, is $300, payable to the department at the time of application for the license or renewal. A federal agency, city, town, county, or other political subdivision is not required to pay the license fee. A city, town, county, or other political subdivision, including a federal agency if allowed by federal law, shall comply with all other requirements of this part. The department shall annually return $50 of each license fee to the county where the fee was collected. The state portion of the fee must be deposited in the account provided for in 75-10-1203. The county portion of the fee must be used to defer the cost of the county to enforce this part.
(4) In addition to the license fee required under subsection (3), the department shall collect a late fee from any person that has failed to submit a license fee between January 31 and April 1 of a renewal year and that operates a business governed by this part in the renewal year. The late fee is $125 and must be deposited in the account provided for in 75-10-1203. The late fee is the exclusive remedy for the late payment of a renewal fee.
History: En. Sec. 5, Ch. 378, L. 1999; amd. Sec. 2, Ch. 18, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1220. Injunction

75-10-1220. Injunction.
(1) The department may sue to enjoin the operation or maintenance of a septage collection or disposal operation until compliance with this part, the rules of the department, or an order issued pursuant to this part has been demonstrated.
(2) Upon request of the department, the attorney general or the county attorney of the county in which a septage collection or disposal operation is located may petition the district court to enjoin further operation or maintenance of the septage collection or disposal operation.
History: En. Sec. 6, Ch. 378, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1221. Department revocation or denial of license

75-10-1221. Department revocation or denial of license.
The department may deny or revoke a license after giving the applicant written notice and an opportunity for a hearing before the board. The decision to deny or revoke a license may be made only after a finding that a business or disposal site cannot be operated or is not being operated in compliance with this part or a rule or order issued pursuant to this part. The hearing held before the board on a denial or revocation must be held pursuant to the provisions of the Montana Administrative Procedure Act.
History: En. Sec. 7, Ch. 378, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1222. Administrative enforcement

75-10-1222. Administrative enforcement.
(1) If the department believes that a violation of this part, a rule adopted under this part, or an order issued under this part has occurred, it may serve written notice of the violation, by certified mail, on the alleged violator or the violator's agent. The notice must specify the provision of this part, the rule, or the condition of approval alleged to have been violated and the facts alleged to constitute a violation. The notice must include an order to take necessary corrective action within a reasonable period of time. The time period must be stated in the order. Service is complete on the date of mailing.
(2) If the alleged violator does not request a hearing before the board within 30 days of the date of service, the order is final. Failure to comply with a final order may subject the violator to an action commenced pursuant to 75-10-1221.
(3) If the alleged violator requests a hearing before the board within 30 days of the date of service, the board shall schedule a hearing. After the hearing is held, the board may:
(a) affirm or modify the department's order issued under subsection (1) if the board finds that a violation has occurred; or
(b) rescind the department's order if the board finds that a violation has not occurred.
(4) An order issued by the department or the board may set a date by which the violation must cease and set a time limit for the violator to correct the violation.
(5) (a) An action initiated by the department under this section may include an administrative penalty not to exceed $500 for each day of violation. Administrative penalties collected under this section must be deposited in the account provided for in 75-10-1203.
(b) Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.
(6) The contested case provisions of the Montana Administrative Procedure Act, provided for in Title 2, chapter 4, part 6, apply to a hearing under this section.
History: En. Sec. 8, Ch. 378, L. 1999; amd. Sec. 17, Ch. 487, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 12. Septage Disposal -- Licensure › 75-10-1223. Penalties and fines

75-10-1223. Penalties and fines.
(1) A person who disposes of septage in violation of 75-10-1210 or of the standards adopted pursuant to 75-10-1202 is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500.
(2) (a) A person who violates this part or a rule or order adopted pursuant to this part is subject to a civil penalty of not more than $500. Each day that violation of this part, a rule of the department, or an order issued pursuant to this part occurs constitutes a separate violation. The department or the county attorney of the county in which the violation occurred may file an action to collect the penalty.
(b) Penalties assessed under this subsection (2) must be determined in accordance with the penalty factors in 75-1-1001. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
(3) Penalties collected by the department under this section must be deposited in the environmental rehabilitation and response account in the state special revenue fund provided for in 75-1-110. Fines and penalties collected by a county must be deposited in the general fund of the county.
History: En. Sec. 9, Ch. 378, L. 1999; amd. Sec. 2, Ch. 338, L. 2001; amd. Sec. 18, Ch. 487, L. 2005; amd. Sec. 39, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards › 75-10-1301. Finding and purpose

75-10-1301. Finding and purpose.
The legislature finds that some properties are being contaminated with hazardous chemical residues created by the manufacture of methamphetamine or the smoke from the use of methamphetamine. Innocent members of the public may be harmed when they are unknowingly exposed to these residues if the properties are not decontaminated prior to any subsequent rental, sale, or use of the properties. Remediation of properties has been frustrated by the lack of a decontamination standard. The purpose of this part is to protect the public health, safety, and welfare by providing specific cleanup standards and authorizing the department to establish a voluntary program that will provide for a property decontamination process that will meet state standards.
History: En. Sec. 1, Ch. 461, L. 2005; amd. Sec. 1, Ch. 93, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards › 75-10-1302. Definitions

75-10-1302. Definitions.
Unless the context requires otherwise, in this part, the following definitions apply:
(1) "Department" means the department of environmental quality provided for in 2-15-3501.
(2) (a) "Inhabitable property" means any building or structure used as a clandestine methamphetamine drug lab or that has been contaminated from smoke from the use of methamphetamine that is intended to be primarily occupied by people, either as a dwelling or a business, including a storage facility, mobile home, or recreational vehicle, that may be sold, leased, or rented for any length of time.
(b) The term does not mean any water system, sewer system, land, or water outside of a building or structure described in subsection (2)(a).
(3) "Surface material" means any porous or nonporous substance common to the interior of a building or structure, including but not limited to ceilings and walls, window coverings, floors and floor coverings, counters, furniture, heating and cooling duct work, and any other surfaces to which inhabitants of the building or structure may be exposed.
History: En. Sec. 2, Ch. 461, L. 2005; amd. Sec. 2, Ch. 93, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards › 75-10-1303. Decontamination standards -- rulemaking authority -- samples

75-10-1303. Decontamination standards -- rulemaking authority -- samples.
(1) The decontamination standard for methamphetamine inside inhabitable property is less than or equal to 1.5 micrograms of methamphetamine per 100 square centimeters of surface material unless a different standard is adopted by the department by rule to protect human health. The department may adopt standards by rule for precursors to methamphetamine that are consistent with the standard for methamphetamine.
(2) (a) The department may by rule establish the number and locations of surface material samples to be collected based on the circumstances of the contamination and acceptable testing methods.
(b) In the absence of a rule described in subsection (2)(a), at least three samples must be collected from the surface material most likely to be contaminated at each property.
History: En. Sec. 3, Ch. 461, L. 2005; amd. Sec. 3, Ch. 93, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards › 75-10-1304. Contractor certification -- department authority

75-10-1304. Contractor certification -- department authority.
(1) The department is authorized to establish by rule minimum standards for the training and certification of contractors and their employees who are to perform the assessment or remediation of inhabitable property contaminated by methamphetamine residues.
(2) The department may train and test or may approve courses to train and test contractors and their employees in the proper methods of assessing, remediating, and testing inhabitable property contaminated by methamphetamine residues. If the department conducts the training and testing of contractors and their employees, it may adopt rules to provide for the assessment of reasonable fees to cover the state's costs of providing the training and testing.
(3) The department shall establish by rule procedures for the certification of contractors and their employees, including procedures for the decertification of contractors and their employees for cause. The rules may provide for the assessment of reasonable fees to cover the cost of the contractor certification program.
(4) Any contractor and the contractor's employees certified to perform the remediation of inhabitable property in any other state are approved for certification in Montana unless the department determines that the certification process in the other state is not substantially similar to the minimum certification standards established by the department.
(5) The department shall maintain a list of certified contractors and shall make the list available to local health officials, law enforcement officials, and the public.
History: En. Sec. 4, Ch. 461, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards › 75-10-1305. Occupant notice by owner of inhabitable property -- immunity

75-10-1305. Occupant notice by owner of inhabitable property -- immunity.
(1) An owner of inhabitable property that is known by the owner to have been used as a clandestine methamphetamine drug lab or that has been contaminated from smoke from the use of methamphetamine shall notify in writing any subsequent occupant or purchaser of the inhabitable property of that fact if the inhabitable property has not been remediated to the standards established in 75-10-1303 by a contractor who is certified in accordance with 75-10-1304.
(2) An owner or an owner's agent referred to in subsection (1) may provide notice to a subsequent occupant or purchaser that the owner or the owner's agent has submitted:
(a) documentation to the department by a contractor who is certified pursuant to 75-10-1304 that the inhabitable property has been remediated to the standards established in 75-10-1303; or
(b) documentation by a certified contractor that the property meets the decontamination standards without decontamination.
(3) Notice as required or authorized in this section must occur before agreement to a lease or sale of the inhabitable property.
(4) If the department has confirmed that the decontamination standard provided for in 75-10-1303 has been met and if notice has been given as provided in subsections (2) and (3), the owner and the owner's agent are not liable in any action brought by a person who has been given notice that is based on the presence of methamphetamine in an inhabitable property.
History: En. Sec. 5, Ch. 461, L. 2005; amd. Sec. 4, Ch. 93, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 13. Methamphetamine Contamination -- Indoor Property Decontamination Standards › 75-10-1306. Reporting requirements

75-10-1306. Reporting requirements.
(1) Whenever a state or local law enforcement agency becomes aware that an inhabitable property has been contaminated by its use as a clandestine methamphetamine drug lab, the agency shall report the contamination to the department and to the local health officer.
(2) The department shall maintain a list of inhabitable property that has been reported as contaminated, and the list must be made available to the public through a website except as provided in subsection (3).
(3) Upon confirmation by the department that an inhabitable property has been properly remediated to the standards established in 75-10-1303 or that the inhabitable property meets the decontamination standards without decontamination, the department shall remove the inhabitable property from the list required in subsection (2). The department shall provide written notification to the local health officer and the property owner of record when the documentation shows that the inhabitable property has been properly assessed or remediated.
(4) The department may adopt rules establishing reasonable requirements for the sufficiency of documentation to be provided by a certified contractor.
(5) Notwithstanding any other provision of law, once an inhabitable property has been removed from the list required in subsection (2), a property owner, landlord, or real estate agent is not required to report or otherwise disclose the past contamination.
History: En. Sec. 6, Ch. 461, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 14. Mine and Smelter Waste Remediation › 75-10-1401. Definitions

75-10-1401. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Department" means the department of environmental quality provided for in 2-15-3501.
(2) "Mine waste" means soil, rock, and other earthen materials excavated from a mine and slimes, tailings, dusts, sludges, or other waste products from the crushing, cleaning, milling, or beneficiation of ores or other mineral-bearing materials, including material that may have migrated from its original place of deposition by erosion or human transit, and that contain hazardous or deleterious substances.
(3) "Smelter waste" means cinders, clinker, slag, and other waste products from the reduction of ores by any means, including material that may have migrated from its original place of deposition by erosion, and that contain hazardous or deleterious substances.
History: En. Sec. 1, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 14. Mine and Smelter Waste Remediation › 75-10-1402. Remediation schedule

75-10-1402. Remediation schedule.
Except as provided in 75-10-1411, a person who undertakes a remedial action for the remediation of mine or smelter waste on property owned by someone other than the owner of the waste shall complete the remedial action in accordance with a schedule negotiated between the person completing the remedial action and the property owner and approved by the department.
History: En. Sec. 2, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 14. Mine and Smelter Waste Remediation › 75-10-1403. Remediation location

75-10-1403. Remediation location.
(1) Except as provided in 75-10-1411 and subsection (2) of this section, as part of a remedial action on property owned by another, mine and smelter waste may not be placed or remediated in place at a location within 200 feet of any mine excavation or opening.
(2) (a) The requirements of subsection (1) may be waived when, after review of an application by a person undertaking a remedial action, the department finds that the remedial action plan complies with Title 75, chapters 2, 5, and 10, and applicable rules.
(b) The person conducting the remedial action shall reimburse the department for costs incurred by the department under this section.
(c) Reimbursements must be deposited in the environmental rehabilitation and response account provided for in 75-1-110.
(3) The person conducting the remedial action must have the landowner's consent before taking action under this section.
(4) This section does not apply to facilities containing mine or smelter waste that are permitted under Title 82, chapter 4, or that were constructed prior to January 1, 2007.
History: En. Sec. 3, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 14. Mine and Smelter Waste Remediation › 75-10-1404. Minimum reclamation standards

75-10-1404. Minimum reclamation standards.
(1) Except as provided in 75-10-1411, mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as provided in subsection (3).
(2) Except as agreed to by the person undertaking the remedial action and the property owner or as provided in 75-10-1411, locations where mine or smelter waste has been removed by a person undertaking a remedial action on property owned by someone other than the waste owner must be capped by a minimum of 6 inches of topsoil and revegetated as provided in subsection (3).
(3) Except as provided in 75-10-1411:
(a) mine and smelter waste repositories or lands where mine or smelter waste has been removed must be revegetated using plant species native to the area; and
(b) revegetated areas must achieve a vegetative cover equal to 85% of the vegetation cover of adjacent lands that were not previously disturbed within 3 years of the initial seeding.
History: En. Sec. 4, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 14. Mine and Smelter Waste Remediation › 75-10-1405. Remediation plan

75-10-1405. Remediation plan.
(1) A person undertaking a remediation action for mine or smelter waste on property owned by someone other than the waste owner shall prepare and submit to the property owner a detailed, written plan describing the waste to be remediated and remedial actions to take place on the property.
(2) The property owner has a minimum of 30 days to review the plan. If the remediation is completed pursuant to 75-10-712 or 75-10-746, the review is not required.
History: En. Sec. 5, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 14. Mine and Smelter Waste Remediation › 75-10-1410. Civil penalty

75-10-1410. Civil penalty.
(1) A district court may assess a civil penalty upon a person who violates 75-10-1401 through 75-10-1405 of not more than $1,000 per day.
(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 and is payable to the property owner. The action must be filed in the district court of the county where the violation occurred.
History: En. Sec. 6, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 14. Mine and Smelter Waste Remediation › 75-10-1411. Mine and smelter waste remediation -- compliance with hazardous waste cleanup orders

75-10-1411. Mine and smelter waste remediation -- compliance with hazardous waste cleanup orders.
This part does not apply to reclamation of an abandoned mine site pursuant to 82-4-371 or to the extent that the actions irreconcilably conflict with an order or plan approval issued by the department pursuant to Title 75, chapter 10, part 7, a corrective action order or permit issued pursuant to Title 75, chapter 10, part 4, or a permit issued for reclamation of a mine site pursuant to Title 82, chapter 4, part 3.
History: En. Sec. 7, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1501. Short title

75-10-1501. Short title.
This part may be cited as the "Mercury-Added Thermostat Collection Act".
History: En. Sec. 1, Ch. 296, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1502. Purpose

75-10-1502. Purpose.
The purpose of this part is to facilitate the proper disposal of mercury-added thermostats.
History: En. Sec. 2, Ch. 296, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1503. Definitions

75-10-1503. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Department" means the department of environmental quality provided for in 2-15-3501.
(2) "Manufacturer" means a business concern that owns or owned the name brand of a mercury-added thermostat sold in this state.
(3) (a) "Mercury-added thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, or other buildings.
(b) The term does not include a thermostat used to sense and control temperature as part of a manufacturing process.
(4) "Out-of-service mercury-added thermostat" means a mercury-added thermostat that is removed from a building or facility and is intended to be discarded.
(5) "Program" means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively with other manufacturers.
(6) "Qualified contractor" means a person engaged in the business of installation, service, or removal of heating, ventilation, and air-conditioning components who employs seven or more service technicians or installers or who is located in areas outside of urban areas as defined by the United States bureau of the census.
(7) "Retailer" means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including but not limited to a sale using catalogs or the internet.
(8) (a) "Thermostat" means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, and other buildings.
(b) The term does not include a product or device used to sense and control temperature as part of a manufacturing process.
(9) (a) "Wholesaler" means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components and whose total wholesale sales account for 80% or more of total sales. The term may include a retailer.
(b) The term does not include a manufacturer.
History: En. Sec. 3, Ch. 296, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1504. Prohibition on sale and installation of mercury-added thermostats -- list

75-10-1504. Prohibition on sale and installation of mercury-added thermostats -- list.
(1) After January 1, 2010, a person may not sell, offer for sale, or install a mercury-added thermostat in Montana.
(2) The department shall maintain a list on its website of manufacturers that are in compliance with this part.
History: En. Sec. 4, Ch. 296, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1506. Initial education and outreach -- requirements

75-10-1506. Initial education and outreach -- requirements.
From April 17, 2009, through December 31, 2012, a manufacturer shall conduct initial education and outreach efforts, including but not limited to:
(1) the establishment of a public internet website. Templates of educational materials must be posted on the website in a format that can be easily downloaded. A link to the website must be provided to the department.
(2) methods used to engage other stakeholders, such as waste, demolition, heating, ventilation, and air-conditioning organizations, as well as appropriate state agencies and local governments, in securing support and participation in programs that encourage the proper management of out-of-service mercury-added thermostats;
(3) strategies to work with utilities participating in programs involving the replacement of thermostats to encourage their participation in the collection and proper management of out-of-service mercury-added thermostats. These strategies may include the inclusion of an educational insert in utility bills.
(4) contacting wholesalers and encouraging participation in educating customers on the proper management of out-of-service mercury-added thermostats; and
(5) strategies used to encourage support and participation by retailers and other outlets in educating consumers on the proper management of out-of-service mercury-added thermostats.
History: En. Sec. 6, Ch. 296, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1507. Annual report -- publication

75-10-1507. Annual report -- publication.
(1) By April 1, 2011, and by April 1 of each succeeding year, a manufacturer shall submit an annual report to the department covering the previous calendar year. The annual reports must provide the department with the following:
(a) the number of out-of-service mercury-added thermostats collected by the program;
(b) the estimated total amount of mercury contained in the thermostat components collected by the program;
(c) an evaluation of the effectiveness of the program;
(d) collection goals that must ensure an increase in the number of mercury-added thermostats collected each year until 2016 or a time that the department determines that the number of in-service thermostats is steadily declining;
(e) an accounting of the program administrative costs, including a copy of internal revenue service form 990 for a nonprofit organization's program. For a for-profit organization's program, the manufacturer or group of manufacturers operating a program shall submit independently audited financial statements detailing revenue and a full accounting of administrative costs incurred.
(f) a description of outreach strategies used to increase participation and collection rates;
(g) examples of outreach and educational materials used by the program;
(h) names and locations of collection locations;
(i) the number of out-of-service mercury-added thermostats collected at each collection location;
(j) a description of how the collected out-of-service mercury-added thermostats were managed; and
(k) any proposed modifications the manufacturer may make to the program.
(2) The department shall use the report to determine whether collection goals are being met. If collection goals are not met, the department shall require modifications to manufacturers' collection plans in an attempt to improve collection rates.
(3) The manufacturer or group of manufacturers operating a program shall post the report to a public website.
(4) The department shall post reports submitted pursuant to this section on the department website or may provide a link to the public website.
(5) Based on diminished return of thermostats, the department may discontinue the requirement for the annual report pursuant to this section on finding that mercury-added thermostats no longer pose a threat to the environment and public health in Montana.
History: En. Sec. 7, Ch. 296, L. 2009.