reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-211. License required

75-15-211. License required.
No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, without obtaining a license.
History: En. Sec. 3, Ch. 285, L. 1967; amd. Sec. 12, Ch. 410, L. 1973; R.C.M. 1947, 32-4515.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-212. Repealed

75-15-212. Repealed.
Sec. 5, Ch. 340, L. 1983.
History: En. Sec. 4, Ch. 285, L. 1967; amd. Sec. 13, Ch. 410, L. 1973; amd. Sec. 9, Ch. 252, L. 1977; R.C.M. 1947, 32-4516(1).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-213. Repealed

75-15-213. Repealed.
Sec. 5, Ch. 340, L. 1983.
History: En. Sec. 4, Ch. 285, L. 1967; amd. Sec. 13, Ch. 410, L. 1973; amd. Sec. 9, Ch. 252, L. 1977; R.C.M. 1947, 32-4516(2).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-214. License for junkyards

75-15-214. License for junkyards.
(1) The department of transportation may issue a license for a junkyard.
(2) The department of transportation may acquire an interest in land for screening purposes or may pay for screening installation and materials as authorized by this part.
History: En. Sec. 4, Ch. 285, L. 1967; amd. Sec. 13, Ch. 410, L. 1973; amd. Sec. 9, Ch. 252, L. 1977; R.C.M. 1947, 32-4516(3), (4); amd. Sec. 2, Ch. 340, L. 1983; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-215. Restrictions as to location

75-15-215. Restrictions as to location.
No license may be granted for the establishment, maintenance, or operation of a junkyard within 1,000 feet of the nearest edge of the right-of-way of a highway on the interstate or primary systems except a license may be granted for a junkyard:
(1) screened by natural objects, planted objects, fences, or other appropriate means so as not to be visible from the main-traveled way of any such highway or otherwise removed from sight;
(2) located within an area zoned for industrial use under authority of law;
(3) located within an unzoned industrial area, as determined from actual land uses and defined by rules promulgated by the department of transportation;
(4) that is not visible from the main-traveled way of any such highway.
History: En. Sec. 5, Ch. 285, L. 1967; R.C.M. 1947, 32-4517; amd. Sec. 15, Ch. 68, L. 1979; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-221. Repealed

75-15-221. Repealed.
Sec. 2, Ch. 61, L. 1979.
History: En. Sec. 6, Ch. 285, L. 1967; amd. Sec. 155, Ch. 316, L. 1974; R.C.M. 1947, 32-4518.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-222. Rules governing screening

75-15-222. Rules governing screening.
(1) The department of transportation may adopt rules governing the materials to be used in and the location, planting, construction, and maintenance of screening or fencing required by this part.
(2) The department of transportation may determine that in the best interests of the state, screening in addition to that required by rules of the department of transportation as of July 1, 1979, is required of certain junkyards or motor vehicle wrecking facilities licensed under this title. The cost of any additional screening shall be borne or reimbursed by the department of transportation.
History: En. Sec. 7, Ch. 285, L. 1967; amd. Sec. 156, Ch. 316, L. 1974; amd. Sec. 10, Ch. 252, L. 1977; R.C.M. 1947, 32-4519; amd. Sec. 1, Ch. 61, L. 1979; amd. Sec. 3, Ch. 340, L. 1983; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 15. Landscape Management › Part 2. Junkyards › 75-15-223. Authority to acquire interest in land for screening and removal of junkyards, motor vehicle graveyards, motor vehicle wrecking facilities, garbage dumps, and sanitary landfills

75-15-223. Authority to acquire interest in land for screening and removal of junkyards, motor vehicle graveyards, motor vehicle wrecking facilities, garbage dumps, and sanitary landfills.
(1) When the department of transportation determines that it is in the best interests of the state, it may acquire land or interest in land that may be necessary to provide adequate screening for junkyards, motor vehicle graveyards, motor vehicle wrecking facilities, garbage dumps, and sanitary landfills.
(2) When the department of transportation determines that the topography of the land adjoining the highway will not permit adequate or economically feasible screening, it may acquire by gift, purchase, exchange, or condemnation interest in land that may be necessary to secure the relocation, removal, or disposal of junkyards, motor vehicle graveyards, motor vehicle wrecking facilities, garbage dumps, or sanitary landfills that were either lawfully:
(a) in existence on October 22, 1965;
(b) along any highway made a part of the interstate or primary systems on or after October 22, 1965, and before January 1, 1968; or
(c) established on or after January 1, 1968.
(3) The department of transportation shall pay just compensation to the owner for the relocation, removal, or disposal of any facility. Condemnation must be exercised pursuant to Title 60, chapter 4, and Title 70, chapter 30.
(4) Any new site chosen by the department of transportation pursuant to subsection (2) for the relocation of a garbage dump or sanitary landfill must be approvable as the site of a solid waste management system pursuant to Title 75, chapter 10, part 2, and the rules promulgated under authority of that part.
History: En. Sec. 8, Ch. 285, L. 1967; amd. Sec. 157, Ch. 316, L. 1974; R.C.M. 1947, 32-4520; amd. Sec. 4, Ch. 340, L. 1983; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 91, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-101. Short title

75-16-101. Short title.
This part may be cited as the "Uniform Transboundary Pollution Reciprocal Access Act".
History: En. Sec. 1, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-102. Definitions

75-16-102. Definitions.
As used in this part, the following definitions apply:
(1) "Person" means an individual person, corporation, business trust, estate, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.
(2) "Reciprocating jurisdiction" means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, or a province or territory of Canada, which has enacted this part or provides substantially equivalent access to its courts and administrative agencies.
History: En. Sec. 2, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-103. Forum

75-16-103. Forum.
An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating or that may originate in this state may be brought in this state.
History: En. Sec. 3, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-104. Right to relief

75-16-104. Right to relief.
A person who suffers or is threatened with injury to that person's person or property in a reciprocating jurisdiction caused by pollution originating or that may originate in this state has the same rights to relief with respect to the injury or threatened injury and may enforce those rights in this state as if the injury or threatened injury occurred in this state.
History: En. Sec. 4, Ch. 203, L. 1983; amd. Sec. 2506, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-105. Applicable law

75-16-105. Applicable law.
The law to be applied in an action or other proceeding brought pursuant to this part, including what constitutes "pollution", is the law of this state, excluding choice of law rules.
History: En. Sec. 5, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-106. Equality of rights

75-16-106. Equality of rights.
This part does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this state.
History: En. Sec. 6, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-107. Right additional to other rights

75-16-107. Right additional to other rights.
The right provided in this part is in addition to and not in derogation of any other rights.
History: En. Sec. 7, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-108. Application of sovereign immunity

75-16-108. Application of sovereign immunity.
The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this part only to the extent that it would apply to a person injured or threatened with injury in this state.
History: En. Sec. 8, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 16. Transboundary Pollution › Part 1. Uniform Transboundary Pollution Reciprocal Access Act › 75-16-109. Uniformity of application and construction

75-16-109. Uniformity of application and construction.
This part shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this part among jurisdictions enacting it.
History: En. Sec. 9, Ch. 203, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 1. Policy and General Provisions › 75-20-101. Short title

75-20-101. Short title.
This chapter shall be known and may be cited as the "Montana Major Facility Siting Act".
History: En. Sec. 1, Ch. 327, L. 1973; amd. Sec. 1, Ch. 494, L. 1975; R.C.M. 1947, 70-801.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 1. Policy and General Provisions › 75-20-103. Chapter supersedes other laws or rules

75-20-103. Chapter supersedes other laws or rules.
This chapter supersedes other laws or regulations except as provided in 75-20-401. If any provision of this chapter is in conflict with any other law of this state or any rule promulgated thereunder, this chapter shall govern and control and the other law or rule shall be deemed superseded for the purpose of this chapter. Amendments to this chapter shall have the same effect.
History: En. Sec. 23, Ch. 327, L. 1973; amd. Sec. 23, Ch. 494, L. 1975; R.C.M. 1947, 70-823; amd. Sec. 1, Ch. 676, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 1. Policy and General Provisions › 75-20-105. Adoption of rules

75-20-105. Adoption of rules.
The department may adopt rules implementing the provisions of this chapter.
History: En. Sec. 20, Ch. 327, L. 1973; amd. Sec. 4, Ch. 268, L. 1974; amd. Sec. 20, Ch. 494, L. 1975; R.C.M. 1947, 70-820(1); amd. Sec. 1, Ch. 312, L. 1987; amd. Sec. 70, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 1. Policy and General Provisions › 75-20-106. Contracts for information

75-20-106. Contracts for information.
(1) The department may contract with a potential applicant under this chapter in advance of the filing of a formal application for the development of information or provision of services required hereunder.
(2) Payments made to the department under such a contract shall be credited against the fee payable hereunder.
History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(2)(c).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 1. Policy and General Provisions › 75-20-111. Grants, gifts, and funds

75-20-111. Grants, gifts, and funds.
The department may receive grants, gifts, and other funds from any public or private source to assist in its activities under this chapter.
History: En. Sec. 22, Ch. 327, L. 1973; amd. Sec. 22, Ch. 494, L. 1975; R.C.M. 1947, 70-822.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 1. Policy and General Provisions › 75-20-112. Money to state special revenue fund

75-20-112. Money to state special revenue fund.
All fees, taxes, fines, and penalties collected under this chapter, except those collected by a justice's court, shall be deposited in the state special revenue fund for use by the department in carrying out its functions and responsibilities under this chapter.
History: En. 70-824 by Sec. 3, Ch. 270, L. 1975; R.C.M. 1947, 70-824; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 46, Ch. 557, L. 1987.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 1. Policy and General Provisions › 75-20-113. Power to exercise eminent domain

75-20-113. Power to exercise eminent domain.
A person issued a certificate pursuant to this chapter may acquire by eminent domain any interest in property, as provided in Title 70, chapter 30, for a public use authorized by law to construct a facility in accordance with the certificate.
History: En. Sec. 2, Ch. 321, L. 2011.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-201. Certificate required -- operation in conformance -- certificate for nuclear facility -- applicability to federal facilities

75-20-201. Certificate required -- operation in conformance -- certificate for nuclear facility -- applicability to federal facilities.
(1) Except for a facility under diligent onsite physical construction or in operation on January 1, 1973, a person may not commence to construct a facility in the state without first applying for and obtaining a certificate of compliance issued with respect to the facility by the department.
(2) A facility with respect to which a certificate is issued may not be constructed, operated, or maintained except in conformity with the certificate and any terms, conditions, and modifications contained within the certification.
(3) A certificate may only be issued pursuant to this chapter.
(4) A person that proposes to construct an energy-related project that is not defined as a facility pursuant to 75-20-104(10) may petition the department to review the energy-related project under the provisions of this chapter. The construction or installation of an energy storage facility, as defined in 15-6-157, or a green hydrogen facility, a green hydrogen pipeline, or a green hydrogen storage system, as defined in 15-6-163, is not considered an energy-related project under the provisions of this chapter. A certificate for the construction or installation of an energy storage facility or a green hydrogen facility, a green hydrogen pipeline, or a green hydrogen storage system, as defined in 15-6-163, is not required under this chapter.
(5) This chapter applies, to the fullest extent allowed by federal law, to all federal facilities and to all facilities over which an agency of the federal government has jurisdiction.
(6) All judicial challenges of certificates for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
History: En. Sec. 4, Ch. 327, L. 1973; amd. Sec. 4, Ch. 494, L. 1975; R.C.M. 1947, 70-804(1); amd. Sec. 3, I.M. 80, app. Nov. 7, 1978; amd. Sec. 1, Ch. 167, L. 1983; amd. Sec. 6, Ch. 329, L. 1997; amd. Sec. 5, Ch. 217, L. 2003; amd. Sec. 22, Ch. 361, L. 2003; amd. Sec. 8, Ch. 337, L. 2005; amd. Sec. 6, Ch. 309, L. 2011; amd. Sec. 2, Ch. 447, L. 2019; amd. Sec. 6, Ch. 13, L. 2021; amd. Sec. 9, Ch. 291, L. 2021; amd. Sec. 5, Ch. 409, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-202. Repealed

75-20-202. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 4, Ch. 327, L. 1973; amd. Sec. 4, Ch. 494, L. 1975; R.C.M. 1947, 70-804(3) thru (5); amd. Sec. 3, I.M. 80, app. Nov. 7, 1978; amd. Sec. 2, Ch. 539, L. 1981; amd. Sec. 2, Ch. 167, L. 1983; amd. Sec. 9, Ch. 573, L. 1985; amd. Sec. 1, Ch. 591, L. 1985; amd. Sec. 214, Ch. 418, L. 1995; amd. Sec. 535, Ch. 546, L. 1995; amd. Sec. 2, Ch. 583, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-203. Certificate transferable

75-20-203. Certificate transferable.
A certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained in the certificate.
History: En. Sec. 4, Ch. 327, L. 1973; amd. Sec. 4, Ch. 494, L. 1975; R.C.M. 1947, 70-804(2); amd. Sec. 3, I.M. 80, app. Nov. 7, 1978; amd. Sec. 3, Ch. 676, L. 1979; amd. Sec. 3, Ch. 583, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-204. Facilities subject to federal energy regulatory commission jurisdiction

75-20-204. Facilities subject to federal energy regulatory commission jurisdiction.
(1) For a facility that is subject to the jurisdiction of the federal energy regulatory commission, the department shall file a state recommendation with the commission.
(2) A person making application to the federal energy regulatory commission shall file with the department notice of and a copy of the federal application regarding any facility subject to subsection (1). The state recommendation must be based on its study of the federal application and other material gained through intervention in the federal proceeding.
(3) A person subject to the provisions of subsection (2) shall pay a fee to the department at the time that an application is filed with the federal energy regulatory commission. The fee must be used by the department to carry out its responsibilities to develop a state recommendation and participate as a party in any necessary federal proceeding to assert the state recommendation. The fee may not exceed one-half the amount that could be assessed under 75-20-215. A fee prescribed by 75-20-215 may not be assessed against a person paying a fee under this section.
(4) A person who fails to file a timely notice of and a copy of the federal application with the department, preventing the department from timely compliance with this section and with the rules, statutes, or procedures governing the proceedings before the federal energy regulatory commission, is subject to the provisions of 75-20-408.
History: En. Sec. 2, Ch. 591, L. 1985; amd. Sec. 2, Ch. 273, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-205. Repealed

75-20-205. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 4, Ch. 591, L. 1985; amd. Sec. 1, Ch. 246, L. 1987; amd. Sec. 215, Ch. 418, L. 1995; amd. Sec. 536, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-207. Notice requirement for certain electric transmission lines

75-20-207. Notice requirement for certain electric transmission lines.
Whenever a person plans to construct an electric transmission line or associated facilities under the provisions of 75-20-104(10)(a)(ii), it must provide public notice to persons residing in the area in which any portion of the electric transmission facility may be located and to the department. This notice must be made no less than 60 days prior to the commencement of acquisition of right-of-way as defined in 75-20-104 by publication of a summary describing the transmission facility and the proposed location of the facility in those newspapers that will substantially inform those persons of the construction and by mailing a summary to the department. The notice must inform the property owners of their rights under this chapter concerning the location of the facility and that more information concerning their rights may be obtained from the department.
History: En. Sec. 2, Ch. 597, L. 1987; amd. Sec. 7, Ch. 329, L. 1997; amd. Sec. 3, Ch. 293, L. 2001; amd. Sec. 3, Ch. 447, L. 2019; amd. Sec. 7, Ch. 13, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-208. Certain electric transmission lines -- verification of requirements

75-20-208. Certain electric transmission lines -- verification of requirements.
(1) Prior to constructing a transmission line under 75-20-104(10)(a)(ii), the person planning to construct the line shall provide to the department within 36 months of the date of the public notice provided under 75-20-207, unless extended by the department for good cause:
(a) copies of the right-of-way agreements or options for a right-of-way containing sufficient information to establish landowner consent to construct the line; and
(b) sufficient information for the department to verify that the requirements of 75-20-104(10)(a)(ii) are satisfied.
(2) The provisions of 75-20-104(10)(a)(ii) do not apply to any facility for which public notice under 75-20-207 has been given but for which the requirements of subsection (1) of this section have not been complied with.
History: En. Sec. 3, Ch. 597, L. 1987; amd. Sec. 216, Ch. 418, L. 1995; amd. Sec. 537, Ch. 546, L. 1995; amd. Sec. 8, Ch. 329, L. 1997; amd. Sec. 4, Ch. 293, L. 2001; amd. Sec. 4, Ch. 447, L. 2019; amd. Sec. 8, Ch. 13, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-211. Application -- filing and contents -- proof of service and notice

75-20-211. Application -- filing and contents -- proof of service and notice.
(1) (a) An applicant shall file with the department an application for a certificate under this chapter and for the permits required under the laws administered by the department in the form that is required under applicable rules, containing the following information:
(i) a description of the proposed location and of the facility to be built;
(ii) a summary of any preexisting studies that have been made of the impact of the facility;
(iii) for facilities defined in 75-20-104(10)(a) and (10)(b), a statement explaining the need for the facility, a description of reasonable alternate locations for the facility, a general description of the comparative merits and detriments of each location submitted, and a statement of the reasons why the proposed location is best suited for the facility;
(iv) (A) for facilities as defined in 75-20-104(10)(a) and (10)(b), baseline data for the primary and reasonable alternate locations; or
(B) for facilities as defined in 75-20-104(10)(c), baseline data for the proposed location and, at the applicant's option, any alternative locations acceptable to the applicant for siting the facility;
(v) at the applicant's option, an environmental study plan to satisfy the requirements of this chapter; and
(vi) other information that the applicant considers relevant or that the department by order or rule may require.
(b) If a copy or copies of the studies referred to in subsection (1)(a)(ii) are filed with the department, the copy or copies must be available for public inspection.
(2) An application may consist of an application for two or more facilities in combination that are physically and directly attached to each other and are operationally a single operating entity.
(3) The copy of the application must be accompanied by a notice specifying the date on or about which the application is to be filed.
(4) An application must also be accompanied by proof that public notice of the application was given to persons residing in the county in which any portion of the proposed facility is proposed or is alternatively proposed to be located, by publication of a summary of the application in those newspapers that will substantially inform those persons of the application.
History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(part); amd. Sec. 1, Ch. 553, L. 1979; amd. Sec. 4, Ch. 676, L. 1979; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 3, Ch. 539, L. 1981; amd. Sec. 2, Ch. 312, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 217, Ch. 418, L. 1995; amd. Sec. 538, Ch. 546, L. 1995; amd. Sec. 9, Ch. 329, L. 1997; amd. Sec. 5, Ch. 293, L. 2001; amd. Sec. 208, Ch. 483, L. 2001; amd. Sec. 6, Ch. 217, L. 2003; amd. Sec. 5, Ch. 447, L. 2019; amd. Sec. 9, Ch. 13, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-212. Cure for failure of service

75-20-212. Cure for failure of service.
Inadvertent failure of service on or notice to any of the municipalities, government agencies, or persons identified in 75-20-211 may be cured pursuant to orders of the department designed to afford them adequate notice to enable their effective participation in the proceeding.
History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(part); amd. Sec. 4, Ch. 583, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-213. Supplemental material -- amendments

75-20-213. Supplemental material -- amendments.
(1) Except as provided in 75-20-228, an application for an amendment of an application or a certificate must be in the form and contain the information that the department by rule or by order prescribes. Notice of an application must be given as set forth in 75-20-211(3) and (4).
(2) An application may be amended by an applicant any time prior to the department's recommendation. If the proposed amendment is such that it prevents the department or the agencies listed in 75-20-216(6) from carrying out their duties and responsibilities under this chapter, the department may require additional filing fees and additional amendment application review time. The total review time may not exceed 9 months from the date the department accepts a completed application for amendment.
(3) The applicant shall submit supplemental material in a timely manner as requested by the department or as offered by the applicant to explain, support, or provide the detail with respect to an item described in the original application, without filing an application for an amendment. The department's determination as to whether information is supplemental or whether an application for amendment is required is conclusive.
History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(6); amd. Sec. 5, Ch. 676, L. 1979; amd. Sec. 218, Ch. 418, L. 1995; amd. Sec. 10, Ch. 329, L. 1997; amd. Sec. 7, Ch. 217, L. 2003; amd. Sec. 6, Ch. 553, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-214. Repealed

75-20-214. Repealed.
Sec. 8, Ch. 591, L. 1985.
History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(7); amd. Sec. 6, Ch. 676, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-217. Voiding an application

75-20-217. Voiding an application.
An application may be voided by the department following notice and an opportunity for hearing for:
(1) any material and knowingly false statement in the application or in accompanying statements or studies required of the applicant;
(2) failure to file an application in substantially the form and content required by this chapter and the rules adopted under this chapter; or
(3) failure to deposit the filing fee as provided in 75-20-215.
History: En. Sec. 18, Ch. 327, L. 1973; amd. Sec. 18, Ch. 494, L. 1975; R.C.M. 1947, 70-818(2); amd. Sec. 9, Ch. 676, L. 1979; amd. Sec. 5, Ch. 583, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-218. Repealed

75-20-218. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 7, Ch. 327, L. 1973; amd. Sec. 3, Ch. 268, L. 1974; amd. Sec. 39, Ch. 213, L. 1975; amd. Sec. 7, Ch. 494, L. 1975; R.C.M. 1947, 70-807(4); amd. Sec. 10, Ch. 676, L. 1979; amd. Sec. 5, Ch. 539, L. 1981; amd. Sec. 10, Ch. 573, L. 1985; amd. Sec. 221, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-219. Amendments to certificate

75-20-219. Amendments to certificate.
(1) (a) Except as provided in 75-20-228, within 30 days after notice of an amendment to a certificate is given as set forth in 75-20-213(1), including notice to all active parties to the original proceeding, the department shall determine whether the proposed change in the facility would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility as set forth in the certificate.
(b) Except as provided in 75-20-228, if the department determines that the proposed change would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility, the department shall grant, deny, or modify the amendment with conditions as it considers appropriate.
(c) Except as provided in 75-20-228, if the department determines that a modification of the proposed amendment to the certificate is needed, it shall consult with the applicant.
(2) Except as provided in 75-20-228, if those cases in which the department determines that the proposed change in the facility would not result in a material increase in any environmental impact or would not be a substantial change in the location of all or a portion of the facility, the department shall automatically grant the amendment either as applied for or upon terms or conditions that the department considers appropriate.
(3) Except as provided in 75-20-228, if a hearing is requested under 75-20-223(2), the party requesting the hearing has the burden of showing by clear and convincing evidence that the department's determination is not reasonable.
(4) Except as provided in 75-20-228, if an amendment is required to a certificate that would affect, amend, alter, or modify a decision, opinion, order, certification, or air or water quality permit issued by the department, the amendment must be processed under the applicable statutes administered by the department.
History: En. Sec. 7, Ch. 327, L. 1973; amd. Sec. 3, Ch. 268, L. 1974; amd. Sec. 39, Ch. 213, L. 1975; amd. Sec. 7, Ch. 494, L. 1975; R.C.M. 1947, 70-807(3); amd. Sec. 11, Ch. 676, L. 1979; amd. Sec. 1, Ch. 372, L. 1981; amd. Sec. 4, Ch. 312, L. 1987; amd. Sec. 222, Ch. 418, L. 1995; amd. Sec. 7, Ch. 293, L. 2001; amd. Sec. 2, Ch. 280, L. 2017; amd. Sec. 7, Ch. 553, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-220. Repealed

75-20-220. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 9, Ch. 327, L. 1973; amd. Sec. 9, Ch. 494, L. 1975; R.C.M. 1947, 70-809(3); amd. Sec. 12, Ch. 676, L. 1979; amd. Sec. 6, Ch. 539, L. 1981; amd. Sec. 223, Ch. 418, L. 1995; amd. Sec. 6, Ch. 583, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-221. Repealed

75-20-221. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 8, Ch. 327, L. 1973; amd. Sec. 8, Ch. 494, L. 1975; R.C.M. 1947, 70-808; amd. Sec. 2, Ch. 553, L. 1979; amd. Sec. 13, Ch. 676, L. 1979; amd. Sec. 224, Ch. 418, L. 1995; amd. Sec. 7, Ch. 583, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-222. Repealed

75-20-222. Repealed.
Sec. 24, Ch. 329, L. 1997.
History: En. Sec. 9, Ch. 327, L. 1973; amd. Sec. 9, Ch. 494, L. 1975; R.C.M. 1947, 70-809(1), (2); amd. Sec. 14, Ch. 676, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-225. Repealed

75-20-225. Repealed.
Sec. 14, Ch. 293, L. 2001.
History: En. Sec. 3, Ch. 155, L. 1985; amd. Sec. 225, Ch. 418, L. 1995; amd. Sec. 540, Ch. 546, L. 1995; amd. Sec. 13, Ch. 329, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-226. Repealed

75-20-226. Repealed.
Sec. 14, Ch. 293, L. 2001.
History: En. Sec. 4, Ch. 155, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 226, Ch. 418, L. 1995; amd. Sec. 14, Ch. 329, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-228. Electric generating facility fuel source change -- notice requirements

75-20-228. Electric generating facility fuel source change -- notice requirements.
(1) (a) An amendment to a certificate is not required for an electric generating facility designed to generate 250 megawatts of electricity or more if a change is made at the facility to alter fuel sources necessary to maintain operations at the facility, if the certificate holder obtains necessary air and water quality permits under Title 75, chapters 2 and 5.
(b) Changes covered by subsection (1)(a) may include both the use of a new fuel source as well as any construction or modification made to the facility for the purpose of allowing the facility to accept and utilize a new fuel source. This includes but is not limited to the construction of unloading facilities, storage facilities, and conveyance systems, including conveyors, roads, and rail spurs.
(c) The department shall waive compliance with this chapter as it relates to a change made in accordance with subsection (1)(a).
(2) (a) A certificate holder making a change in a facility in accordance with subsection (1) shall file notice of the change with the department at least 60 days prior to making the change.
(b) The department may provide notice to all active parties to the original certification proceeding, but a hearing is not required.
(3) (a) A change under subsection (1) is neither a material increase in the environmental impact of the facility nor a change or addition considered to affect compliance with a condition of the certificate.
(b) A change made in accordance with this section and notice of a change required in this section may not be used as the basis of an appeal of a final decision on a certificate by the department.
History: En. Sec. 5, Ch. 553, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-231. Expedited review

75-20-231. Expedited review.
(1) Except as provided in 75-1-208(4)(b), the department shall issue a certification decision within 90 days from the date on which an application is considered complete for a facility that:
(a) is unlikely to result in significant adverse environmental impacts based on the criteria listed in 75-20-232; or
(b) is presently in existence and proposed for upgrade, reconstruction, or relocation and is unlikely to result in significant impacts pursuant to 75-20-232.
(2) A facility that qualifies for expedited review is exempt from undergoing an alternative siting study, except as provided in 75-1-201.
History: En. Sec. 1, Ch. 329, L. 1997; amd. Sec. 9, Ch. 293, L. 2001; amd. Sec. 8, Ch. 299, L. 2001; amd. Sec. 11, Ch. 217, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 2. Certification Proceedings › 75-20-232. Criteria for identifying proposed facilities that qualify for expedited review

75-20-232. Criteria for identifying proposed facilities that qualify for expedited review.
(1) In order for a facility to qualify for expedited review under 75-20-231, the department shall make a significance determination of the impacts associated with a proposed facility. This determination is the basis of the department's decision concerning whether the proposed facility qualifies for expedited review.
(2) The department shall consider the following criteria in determining the significance of each impact that the proposed facility has on the quality of the human environment:
(a) the severity, duration, geographic extent, and frequency of occurrence of the impact;
(b) (i) the probability that the impact will occur if the proposed action occurs; or
(ii) reasonable assurance in keeping with the potential severity of an impact that the impact will not occur;
(c) growth-inducing or growth-inhibiting aspects of the impact, including the relationship or contribution of the impact to cumulative impacts;
(d) the quantity and quality of each environmental resource or value that would be affected, including the uniqueness and fragility of those resources or values;
(e) the importance to the state and to society of each environmental resource or value that would be affected;
(f) any precedent that would be set as a result of an impact of the proposed action that would commit the department to future actions with significant impacts or to a decision in principle about future actions;
(g) potential conflict with local, state, or federal laws, requirements, or formal plans;
(h) the degree to which the impacts on the human environment are likely to create a high level of public concern; and
(i) the economic importance and benefits to the state and the local community of the proposed facility.
(3) An impact may be adverse, beneficial, or both. If none of the adverse effects of the impact are significant, expedited review is required.
History: En. Sec. 2, Ch. 329, L. 1997; amd. Sec. 12, Ch. 217, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 3. Decisions › 75-20-302. Conditions imposed

75-20-302. Conditions imposed.
(1) If the department determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon the modification, provided that the department consulted the applicant and the persons residing in the area affected by the modification have been given reasonable notice of the modification.
(2) The department may require the applicant to post performance bonds to guarantee successful reclamation and revegetation of the project area.
(3) For a common carrier pipeline as described in 69-13-101, the department shall condition a certificate to provide that for any land, rights-of-way, or easements, the location of any heritage properties or paleontological remains on or beneath land, rights-of-way, or easements for the common carrier pipeline is confidential and may not be disclosed.
(4) For purposes of this section, the following definitions apply:
(a) "Heritage property" has the meaning provided in 22-3-421.
(b) "Paleontological remains" has the meaning provided in 22-3-421.
History: En. Sec. 10, Ch. 327, L. 1973; amd. Sec. 10, Ch. 494, L. 1975; R.C.M. 1947, 70-810(2); amd. Sec. 16, Ch. 676, L. 1979; amd. Sec. 1, Ch. 155, L. 1985; amd. Sec. 228, Ch. 418, L. 1995; amd. Sec. 541, Ch. 546, L. 1995; amd. Sec. 16, Ch. 329, L. 1997; amd. Sec. 3, Ch. 280, L. 2017; amd. Sec. 2, Ch. 296, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-401. Additional requirements by other governmental agencies not permitted after issuance of certificate -- exceptions -- venue for challenging certificate issuance

75-20-401. Additional requirements by other governmental agencies not permitted after issuance of certificate -- exceptions -- venue for challenging certificate issuance.
(1) Notwithstanding any other law, a state or regional agency or municipality or other local government may not require any approval, consent, permit, certificate, or other condition for the construction, operation, or maintenance of a facility authorized by a certificate issued pursuant to this chapter, except that the department and board retain the authority that they have or may be granted to determine compliance of the proposed facility with state and federal standards and implementation plans for air and water quality and to enforce those standards.
(2) This chapter does not prevent the application of state laws for the protection of employees engaged in the construction, operation, or maintenance of a facility.
(3) A judicial challenge to a certificate issued pursuant to this chapter by a party other than the certificate holder or applicant must include the party to whom the certificate was issued as provided in this chapter unless otherwise agreed to by the certificate holder or applicant. All judicial challenges of certificates for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
(4) An action to challenge the issuance of a certificate pursuant to this chapter must be brought in the county in which the activity authorized by the certificate will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.
History: En. Sec. 17, Ch. 327, L. 1973; amd. Sec. 17, Ch. 494, L. 1975; R.C.M. 1947, 70-817; amd. Sec. 18, Ch. 676, L. 1979; amd. Sec. 231, Ch. 418, L. 1995; amd. Sec. 23, Ch. 361, L. 2003; amd. Sec. 10, Ch. 337, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-402. Monitoring

75-20-402. Monitoring.
The department shall monitor the operations of all certificated facilities for ensuring continuing compliance with this chapter and certificates issued under this chapter and for discovering and preventing noncompliance with this chapter and the certificates. The applicant shall pay all expenses related to the monitoring plan established in 75-20-303(3)(b) or (3)(c) to the extent federal funds available for the facility, as determined by the department, have not been provided for those purposes.
History: En. Sec. 20, Ch. 327, L. 1973; amd. Sec. 4, Ch. 268, L. 1974; amd. Sec. 20, Ch. 494, L. 1975; R.C.M. 1947, 70-820(2); amd. Sec. 19, Ch. 676, L. 1979; amd. Sec. 5, Ch. 591, L. 1985; amd. Sec. 232, Ch. 418, L. 1995; amd. Sec. 19, Ch. 329, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-403. Revocation or suspension of certificate

75-20-403. Revocation or suspension of certificate.
Following notice and an opportunity for a hearing, a certificate may be revoked or suspended by the department:
(1) for any material false statement in the application or in accompanying statements or studies required of the applicant if a true statement would have warranted the department's refusal to grant a certificate;
(2) for failure to maintain safety standards or to comply with the terms or conditions of the certificate; or
(3) for violation of any provision of this chapter, the rules issued under this chapter, or orders of the department.
History: En. Sec. 18, Ch. 327, L. 1973; amd. Sec. 18, Ch. 494, L. 1975; R.C.M. 1947, 70-818(1); amd. Sec. 2, Ch. 128, L. 1985; amd. Sec. 20, Ch. 329, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 20. Major Facility Siting › Part 4. Postcertification and Legal Responsibilities › 75-20-404. Enforcement of chapter by residents

75-20-404. Enforcement of chapter by residents.
(1) A resident of this state with knowledge that a requirement of this chapter or a rule adopted under it is not being enforced by a public officer or employee whose duty it is to enforce the requirement or rule may bring the failure to enforce to the attention of the public officer or employee by a written statement under oath that must state the specific facts of the failure to enforce the requirement or rule. Knowingly making false statements or charges in the affidavit subjects the affiant to penalties prescribed under the law of perjury.
(2) If the public officer or employee neglects or refuses for an unreasonable time after receipt of the statement to enforce the requirement or rule, the resident may bring an action of mandamus in the district court of the first judicial district of this state, in and for the county of Lewis and Clark. If the court finds that a requirement of this chapter or a rule adopted under it is not being enforced, the court may order the public officer or employee whose duty it is to enforce the requirement or rule to perform the officer's or employee's duties. If the public officer or public employee fails to do so, the public officer or employee must be held in contempt of court and is subject to the penalties provided by law.
History: En. Sec. 19, Ch. 327, L. 1973; amd. Sec. 19, Ch. 494, L. 1975; R.C.M. 1947, 70-819(1), (2); amd. Sec. 2507, Ch. 56, L. 2009.