reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-428. Effect of new standards on noncompliance penalty

75-2-428. Effect of new standards on noncompliance penalty.
In the case of any emission limitation, emission standard, or other requirement approved or adopted by the department under this chapter after July 1, 1979, and approved by the federal environmental protection agency as an amendment to the state implementation plan, which is more stringent than the emission limitation or requirement for the source in effect prior to such approval or promulgation, if any, or where there was no emission limitation, emission standard, or other requirement approved or adopted before July 1, 1979, the date for imposition of the noncompliance penalty under 75-2-421 through 75-2-429 shall be the date on which the source is required to be in full compliance with such emission limitation, emission standard, or other requirement or 3 years after the approval or promulgation of such emission limitation or requirement, whichever is sooner.
History: En. Sec. 14, Ch. 560, L. 1979; amd. Sec. 28, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 4. Enforcement, Appeal, and Penalties › 75-2-429. Effect of noncompliance penalty on other remedies

75-2-429. Effect of noncompliance penalty on other remedies.
(1) Any orders, payments, sanctions, or other requirements under 75-2-421 through 75-2-428 shall be in addition to any other permits, orders, payments, sanctions, or other requirements established under this chapter and shall in no way affect any civil or criminal enforcement proceedings brought under 75-2-412 or 75-2-413.
(2) The noncompliance penalties collected pursuant to 75-2-421 through 75-2-428 are intended to be cumulative and in addition to any other remedies, procedures, and requirements authorized by this chapter.
History: En. Sec. 15, Ch. 560, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-502. Definitions

75-2-502. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Accreditation" means a certificate issued by the department that permits a person to work in an asbestos-related occupation.
(2) "Asbestos" means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, or actinolite.
(3) "Asbestos project" means the encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition of asbestos in a building or other structure, or the transportation or disposal of asbestos-containing waste. The term does not include a project that involves less than 10 square feet in surface area or 3 linear feet of pipe.
(4) "Asbestos-related occupation" means an inspector, management planner, project designer, contractor, supervisor, or worker for an asbestos project.
(5) "Department" means the department of environmental quality provided for in 2-15-3501.
(6) "Person" means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, state or municipal agency, political subdivision of the state, or any other entity.
History: En. Sec. 2, Ch. 581, L. 1989; amd. Sec. 179, Ch. 418, L. 1995; amd. Sec. 3, Ch. 309, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-503. Rulemaking authority -- issuance of permits

75-2-503. Rulemaking authority -- issuance of permits.
(1) The department shall, subject to the provisions of 75-2-207, adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with federal law and include but are not limited to:
(a) standards for training course review and approval;
(b) standards for accreditation of applicants for asbestos-related occupations;
(c) examination requirements for accreditation of applicants for asbestos-related occupations;
(d) requirements for renewal of accreditation, including periodic refresher courses;
(e) revocation of accreditation;
(f) inspection requirements for asbestos projects and asbestos-related occupations credentials;
(g) criteria to determine whether and what type of control measures are necessary for an asbestos project and whether a project is completed in a manner sufficient to protect public health, including criteria setting allowable limits on indoor airborne asbestos. A determination of whether asbestos abatement of a structure is necessary may not be based solely upon the results of airborne asbestos testing.
(h) requirements for issuance of asbestos project permits and conditions that permitholders shall meet;
(i) standards for seeking injunctions, criminal and civil penalties, or emergency actions;
(j) advance notification procedures and issuance of permits for asbestos projects; and
(k) fees, which must be commensurate with costs, for:
(i) review and approval of training courses;
(ii) application for and renewal of accreditation by a person seeking to pursue an asbestos-related occupation;
(iii) issuance and administration of asbestos project permits, including annual asbestos project permits for facilities; and
(iv) requested inspections of asbestos projects.
(2) For asbestos projects having a cost of $3,000 or less, the department shall issue asbestos project permits within 7 calendar days following the receipt of a properly completed permit application and the appropriate fee.
History: En. Sec. 3, Ch. 581, L. 1989; amd. Sec. 51, Ch. 16, L. 1991; amd. Sec. 9, Ch. 471, L. 1995; amd. Sec. 1, Ch. 25, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-504. Facility permits

75-2-504. Facility permits.
The department shall provide by rule a procedure for the issuance of an annual asbestos project permit to any facility that has an asbestos health and safety program meeting department criteria and that continuously employs accredited asbestos workers. This permit allows a facility to conduct asbestos projects within the confines of the facility's controlled area during the period for which the permit is in force. The provisions of this permit may not preclude state and federal requirements for asbestos project notification.
History: En. Sec. 4, Ch. 581, L. 1989; amd. Sec. 2, Ch. 25, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-505. Small project review requirement

75-2-505. Small project review requirement.
The department shall review a permit application within 5 working days of receipt of a complete application and an appropriate fee for an asbestos project that:
(1) involves more than 10 square feet but less than 160 square feet in surface area;
(2) involves more than 3 linear feet but less than 260 linear feet of pipe; or
(3) involves more than 3 cubic feet but less than 35 cubic feet of volume.
History: En. Sec. 2, Ch. 309, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-508. Asbestos control account

75-2-508. Asbestos control account.
(1) There is an asbestos control account in the state special revenue fund. There must be deposited in the account all money received from fees collected under this part.
(2) Funds in the account are allocated to the department for the purpose of funding the costs of implementing and operating the asbestos control program established under this part.
History: En. Sec. 1, Ch. 596, L. 1991; amd. Sec. 1, Ch. 293, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-511. Accreditation requirements -- restrictions

75-2-511. Accreditation requirements -- restrictions.
(1) To qualify for accreditation in a particular asbestos-related occupation, a person must:
(a) (i) successfully complete an asbestos-related training course for that occupation approved by the department or the United States environmental protection agency; and
(ii) pass an examination approved by the department;
(b) satisfactorily demonstrate equivalent previous training or experience in the occupation as prescribed by department rule; or
(c) have successfully completed an asbestos-related training course for that occupation, approved by the United States environmental protection agency, during the time period immediately following the passage of this part and ending on December 31, 1989.
(2) After January 1, 1990, a person may not:
(a) engage in an asbestos-related occupation unless accredited in that occupation by the department;
(b) conduct an asbestos project without a permit from the department or violate the conditions of a permit;
(c) contract with or employ in an asbestos-related occupation a person not accredited in that occupation by the department; or
(d) offer a training course for an asbestos-related occupation to meet the accreditation requirements of this section unless the department approves the course.
(3) A person who applies for accreditation shall submit the fees and follow procedures prescribed by department rule.
History: En. Sec. 5, Ch. 581, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-514. Civil penalties -- venue for actions to recover

75-2-514. Civil penalties -- venue for actions to recover.
(1) (a) A district court may assess a civil penalty of not more than $25,000 a day upon a person that violates any provision of this part, a rule adopted under this part, or a permit or order issued under this part. In the case of a continuing violation, each day the violation continues constitutes a separate violation.
(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.
(2) An action under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.
(3) Penalties provided for in subsection (1) are recoverable in an action brought by the department. The action must be filed in the district court of the county in which the violation occurred.
History: En. Sec. 9, Ch. 581, L. 1989; amd. Sec. 2, Ch. 596, L. 1991; amd. Sec. 2, Ch. 293, L. 1999; amd. Sec. 7, Ch. 487, L. 2005; amd. Sec. 29, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-515. Administrative enforcement

75-2-515. Administrative enforcement.
(1) The department may deny, suspend, or revoke the accreditation of a person that:
(a) fraudulently or deceptively obtains or attempts to obtain accreditation;
(b) fails to meet the qualifications for accreditation or fails to comply with the requirements of this part, a rule adopted under this part, or a permit or order issued under this part; or
(c) fails to meet an applicable federal or state standard for asbestos projects.
(2) When the department believes that a violation of this part, a rule adopted under this part, or a permit or order issued under this part has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator's agent. The notice must specify the provision of this part or the rule, permit, or order alleged to be violated and the facts alleged to constitute a violation. The notice may include an order to take necessary corrective action within a reasonable period of time stated in the order, an order to pay an administrative civil penalty, or both. An order becomes final unless, within 30 days after the order is received, the person that has been named requests, in writing, a hearing before the board.
(3) On receipt of a hearing request, the board shall schedule a hearing. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to any hearing conducted under this section. If, after a hearing, the board finds that a violation has not occurred or is not occurring, it shall rescind the order.
(4) (a) An action initiated under this section may include an administrative civil penalty of not more than $10,000 for each day of each violation, not to exceed a total of $80,000. Any order issued by the department under this section requiring payment of an administrative civil penalty must specify the basis for the penalty assessment.
(b) A penalty may not be assessed under this section for any day of violation that occurred more than 3 years prior to the department issuing the order requiring payment of the penalty.
(c) In determining the amount of a penalty assessed to a person under this section, the department shall consider the penalty factors in 75-1-1001.
(5) In addition to or instead of issuing an order under subsection (2), the department may:
(a) require the alleged violator to appear before the board for a hearing at a time and place specified in the notice of hearing to answer the charges complained of; or
(b) initiate action under 75-2-514.
History: En. Sec. 3, Ch. 293, L. 1999; amd. Sec. 8, Ch. 487, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-516. Criminal penalties

75-2-516. Criminal penalties.
(1) A person convicted of purposely or knowingly violating any provision of this part, a rule adopted under this part, or a permit or order issued under this part is guilty of a misdemeanor.
(2) A prosecution under this section is not a bar to enforcement by injunction or other appropriate civil or administrative remedies.
History: En. Sec. 4, Ch. 293, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-517. Injunctions

75-2-517. Injunctions.
The department may institute and maintain in the name of the state, actions for injunctive relief, as provided in Title 27, chapter 19, to:
(1) immediately restrain a person from engaging in an unauthorized activity that is endangering or causing damage to public health or the environment;
(2) enjoin a violation of this part, a rule adopted under this part, an order issued under this part, or a permit issued under this part, without the necessity of prior revocation of the permit; or
(3) require compliance with this part, a rule adopted under this part, or a permit or order issued under this part.
History: En. Sec. 5, Ch. 293, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-518. Inspections -- sampling

75-2-518. Inspections -- sampling.
(1) (a) At any reasonable time and upon presentation of credentials, an employee or agent of the department may enter upon and inspect any place at which:
(i) an asbestos project is being conducted;
(ii) asbestos-containing material from an asbestos project is stored; or
(iii) records pertinent to an asbestos project are maintained.
(b) The employee or agent of the department may have access to and may copy any records relating to an asbestos project for the purpose of enforcing the provisions of this part, rules adopted under this part, or a permit or order issued under this part.
(2) During an inspection under this section, the employee or agent of the department may take samples of any suspected asbestos-containing material, including samples from any vehicle in which asbestos-containing waste materials are transported. If the employee or agent of the department takes a sample of any suspected asbestos-containing material, prior to leaving the premises, the employee or agent shall give to the person in charge of the asbestos project a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If an analysis is made of the samples, a copy of the results of the analysis must be furnished to the person in charge of the asbestos project.
History: En. Sec. 6, Ch. 293, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 5. Asbestos Control › 75-2-519. Cleanup orders

75-2-519. Cleanup orders.
The department may issue a cleanup order to any person that has deposited asbestos-containing material or that has disturbed asbestos-containing material or that owns any property where the asbestos-containing material is located when the material poses an immediate threat to public health or the environment or is likely to pose a threat to public health or the environment in the immediate future. The order may direct the person to clean up and transport the asbestos-containing material to an authorized disposal facility, to treat the material so as to render it nonhazardous, or to take other necessary actions.
History: En. Sec. 7, Ch. 293, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 5. Northwest Interstate Compact on Low-Level Radioactive Waste Management (Renumbered) › 75-3-501. Renumbered 50-79-501

75-3-501. Renumbered 50-79-501.
Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 5. Northwest Interstate Compact on Low-Level Radioactive Waste Management (Renumbered) › 75-3-502. Renumbered 50-79-502

75-3-502. Renumbered 50-79-502.
Sec. 13, Ch. 73, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 6. Montana Radon Control Act › 75-3-602. Definitions

75-3-602. Definitions.
As used in this part, the following definitions apply:
(1) "Department" means the department of environmental quality.
(2) "Inhabitable real property" means any real property that includes a building affixed to land. The building must be designed to be primarily occupied by humans, either as a dwelling or as a place of business.
(3) "Mitigation project" means to repair or alter a building or design for the purpose, in whole or in part, of reducing the concentration of radon in the indoor atmosphere.
(4) "Person" means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, consultant, state or municipal agency, political subdivision of the state, or any other entity.
(5) "Radon" means any of the gaseous radioactive decay products of uranium or thorium.
(6) "Radon progeny" means any of the radioactive decay products of radon.
(7) "Radon-related occupation" means the occupation of any person who performs radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of those measurements, or who performs radon gas or radon progeny mitigation.
History: En. Sec. 2, Ch. 527, L. 1993; amd. Sec. 1, Ch. 185, L. 1995; amd. Sec. 183, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 6. Montana Radon Control Act › 75-3-603. Radon testing and mitigation proficiency listing requirements

75-3-603. Radon testing and mitigation proficiency listing requirements.
In order to be publicly listed as proficient by the department in a radon-related occupation, a person shall pass a United States environmental protection agency proficiency examination approved by the department.
History: En. Sec. 3, Ch. 527, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 6. Montana Radon Control Act › 75-3-604. Voluntary disclosure of information to department

75-3-604. Voluntary disclosure of information to department.
(1) The results of measurements of radon gas or radon progeny performed by a person may be reported to the department. The report may include the radon levels detected and the location and description of the building.
(2) Except for use in conducting legitimate scientific studies, as determined by the department, data and information relating to radon gas and radon progeny contamination at nonpublic properties, including residential dwellings, gathered under this part must be considered confidential by the department. The department shall provide the bureau of mines and geology with all information received by the department under subsection (1) for conducting legitimate scientific studies. The department may not release the data or information in its possession to anyone other than the owner or occupant of the property.
History: En. Sec. 4, Ch. 527, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 6. Montana Radon Control Act › 75-3-605. Public information and education

75-3-605. Public information and education.
The department shall initiate and administer a program designed to educate and inform the public concerning radon gas and radon progeny. The program must include but is not limited to:
(1) public presentations to interested parties;
(2) developing, reproducing, and distributing printed materials to home owners and other interested groups;
(3) responding to telephone inquiries on a maintained toll-free telephone number;
(4) providing technical and training information for radon measurement and mitigation;
(5) maintaining and distributing lists of qualified persons who perform measurement and mitigation services;
(6) developing and implementing an effective communication strategy to encourage all home owners to test for radon; and
(7) encouraging cooperative partnerships to promote radon testing of buildings and homes.
History: En. Sec. 5, Ch. 527, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 6. Montana Radon Control Act › 75-3-606. Radon disclosure statement on real estate documents -- disclosure of prior radon testing -- immunity from liability

75-3-606. Radon disclosure statement on real estate documents -- disclosure of prior radon testing -- immunity from liability.
(1) A radon disclosure statement must be provided on at least one document, form, or application executed prior to or contemporaneously with an offer for the purchase and sale of inhabitable real property. The seller or seller's agent shall provide the following disclosure statement to the buyer, and the buyer shall acknowledge receipt of this disclosure statement by signing a copy of the disclosure statement:
"RADON GAS: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN MONTANA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY OR STATE PUBLIC HEALTH UNIT."
(2) Whenever a seller knows that a building has been tested for radon gas and radon progeny, the seller shall provide to the buyer, prior to or upon entry into a contract for the purchase of that building, a copy of the results of that test and evidence of any subsequent mitigation or treatment. A prospective buyer who contracts for the testing may receive the results of that testing. The furnishing of test results and evidence of mitigation or treatment is not to be construed as a promise, warranty, or representation of any sort by the seller or the seller's agent that the test results are accurate or that the mitigation or treatment is effective. This section does not create a contingency on the purchase of the property or any right to rescind a contract for purchase unless the contingency or right to rescind is an express term of the applicable contract.
(3) A seller or seller's agent who complies with subsections (1) and (2) is not liable in any action based on the presence of radon gas or radon progeny in the building.
History: En. Sec. 6, Ch. 527, L. 1993; amd. Sec. 2, Ch. 185, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 3. Radon Control › Part 6. Montana Radon Control Act › 75-3-607. Radon control account

75-3-607. Radon control account.
(1) There is a radon control account in the state special revenue fund. There must be deposited in the account all money received from any loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of this part that are received from public or private sources, except for money received from the federal government.
(2) Funds in the account are allocated to the department for the purpose of funding the costs of implementing and operating the program established under this part.
History: En. Sec. 7, Ch. 527, L. 1993; amd. Sec. 1, Ch. 28, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 1. General Provisions › 75-5-101. Policy

75-5-101. Policy.
It is the public policy of this state to:
(1) conserve water by protecting, maintaining, and improving the quality and potability of water for public water supplies, wildlife, fish and aquatic life, agriculture, industry, recreation, and other beneficial uses;
(2) provide a comprehensive program for the prevention, abatement, and control of water pollution; and
(3) balance the inalienable rights to pursue life's basic necessities and possess and use property in lawful ways with the policy of preventing, abating, and controlling water pollution in implementing the program referred to in subsection (2).
History: En. Sec. 121, Ch. 197, L. 1967; amd. Sec. 1, Ch. 21, L. 1971; amd. Sec. 1, Ch. 455, L. 1975; R.C.M. 1947, 69-4801(1); amd. Sec. 9, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 1. General Provisions › 75-5-102. Intent -- purpose -- rights of action not abridged

75-5-102. Intent -- purpose -- rights of action not abridged.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted this chapter. It is the legislature's intent that the requirements of this chapter provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources. A purpose of this chapter is to provide additional and cumulative remedies to prevent, abate, and control the pollution of state waters.
(2) This chapter does not abridge or alter rights of action or remedies in equity or under the common law or statutory law, criminal or civil, nor does this chapter or an act done under it estop the state or a municipality or person, as owner of water rights or otherwise, in the exercise of the person's rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
History: En. Sec. 17, Ch. 21, L. 1971; amd. Sec. 6, Ch. 506, L. 1973; amd. Sec. 67, Ch. 349, L. 1974; amd. Sec. 11, Ch. 455, L. 1975; R.C.M. 1947, 69-4823(4); amd. Sec. 10, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 1. General Provisions › 75-5-104. Special applicability

75-5-104. Special applicability.
This chapter applies to drainage or seepage from all sources, including that from artificial, privately owned ponds or lagoons, if such drainage or seepage may reach other state waters in a condition which may pollute the other state waters.
History: En. Sec. 124, Ch. 197, L. 1967; amd. Sec. 3, Ch. 21, L. 1971; R.C.M. 1947, 69-4804.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 1. General Provisions › 75-5-105. Confidentiality of records

75-5-105. Confidentiality of records.
Except as provided in 80-15-108, any information concerning sources of pollution that is furnished to the board or department or that is obtained by either of them is a matter of public record and open to public use. However, any information unique to the owner or operator of a source of pollution that would, if disclosed, reveal methods or processes entitled to protection as trade secrets must be maintained as confidential if so determined by a court of competent jurisdiction. The owner or operator shall file a declaratory judgment action to establish the existence of a trade secret if the owner or operator wishes the information to remain confidential. The department must be served in the action and may intervene as a party. Any information not intended to be public when submitted to the board or department must be submitted in writing and clearly marked as confidential. The data describing physical and chemical characteristics of a waste discharged to state waters may not be considered confidential. The board may use any information in compiling or publishing analyses or summaries relating to water pollution if the analyses or summaries do not identify any owner or operator of a source of pollution or reveal any information that is otherwise made confidential by this section.
History: En. Sec. 16, Ch. 21, L. 1971; amd. Sec. 10, Ch. 455, L. 1975; R.C.M. 1947, 69-4822; amd. Sec. 25, Ch. 668, L. 1989; amd. Sec. 2493, Ch. 56, L. 2009; amd. Sec. 2, Ch. 267, L. 2011; amd. Sec. 6, Ch. 342, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 1. General Provisions › 75-5-106. Interagency cooperation -- enforcement authorization

75-5-106. Interagency cooperation -- enforcement authorization.
(1) The council, the board and the department may require the use of records of all state agencies and may seek the assistance of the agencies. When the department's review of a permit application submitted under another chapter or title is required or requested, the department shall coordinate the review under this chapter with the review conducted by the agency or unit under the other chapter, following the time schedule for that review. State, county, and municipal officers and employees, including sanitarians and other employees of local departments of health, shall cooperate with the council, the board and the department in furthering the purposes of this chapter, so far as is practicable and consistent with their other duties.
(2) The department may authorize a local water quality district established according to the provisions of Title 7, chapter 13, part 45, to enforce the provisions of this chapter and rules adopted under this chapter on a case-by-case basis. If a local water quality district requests the authorization, the local water quality district shall present appropriate documentation to the department that a person is violating permit requirements established by the department or may be causing pollution, as defined in 75-5-103, of state waters or placing or causing to be placed wastes in a location where they are likely to cause pollution of state waters. The department may adopt rules regarding the granting of enforcement authority to local water quality districts.
History: En. Sec. 21, Ch. 21, L. 1971; R.C.M. 1947, 69-4827; amd. Sec. 25, Ch. 357, L. 1991; amd. Sec. 4, Ch. 497, L. 1995; amd. Sec. 30, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 1. General Provisions › 75-5-107. Venue generally

75-5-107. Venue generally.
Except as otherwise provided by this chapter, any challenge to an action taken by the department or to a decision issued by the board pursuant to this chapter must be brought in the district court in the county where the activity that is the subject of the challenge is proposed to occur. If an activity is proposed to occur or will occur in more than one county, the challenge may be brought in the district court in any of the counties where the activity is proposed to occur or will occur.
History: En. Sec. 1, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-201. Rules authorized

75-5-201. Rules authorized.
(1) (a) The department shall, except as provided in 75-5-411 and subject to the provisions of 75-5-203, adopt rules for the administration of this chapter.
(b) The department shall adopt rules that describe the location and the times of the year when suction dredging is permissible. These rules may be adopted only after consultation with the local conservation districts in the areas subject to the rule.
(2) The department's rules may include a fee schedule or system for assessment of administrative penalties as provided under 75-5-611.
History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(g); amd. Sec. 1, Ch. 504, L. 1993; amd. Sec. 11, Ch. 471, L. 1995; amd. Sec. 1, Ch. 468, L. 2003; amd. Sec. 2, Ch. 327, L. 2017; amd. Sec. 31, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-202. Board hearings

75-5-202. Board hearings.
The board shall hold hearings necessary for the proper administration of this chapter or, in the case of permit issuance hearings, delegate this function to the department.
History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(f).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-203. State regulations no more stringent than federal regulations or guidelines

75-5-203. State regulations no more stringent than federal regulations or guidelines.
(1) Except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement 75-5-301, 75-5-302, 75-5-303, or 75-5-310 that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.
(2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:
(a) the proposed state standard or requirement protects public health or the environment of the state; and
(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.
(3) The written finding must reference pertinent, ascertainable, and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.
(4) (a) A person affected by a rule that the person believes to be more stringent than comparable federal regulations or guidelines may petition the board to review the rule. If the board determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 8 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.
(b) A person may also petition the board for a rule review under subsection (4)(a) if the department adopts a rule in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.
(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).
History: En. Sec. 1, Ch. 471, L. 1995; amd. Sec. 2, Ch. 378, L. 2015; amd. Sec. 32, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-211. Department to administer chapter

75-5-211. Department to administer chapter.
(1) Except as otherwise provided, the department is responsible for administration of this chapter.
(2) The department may use its personnel and those of the local departments of health as necessary to administer this chapter.
History: En. Sec. 125, Ch. 197, L. 1967; amd. Sec. 4, Ch. 21, L. 1971; amd. Sec. 60, Ch. 349, L. 1974; R.C.M. 1947, 69-4805.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-212. Department research and information

75-5-212. Department research and information.
(1) The department shall:
(a) collect and furnish information relating to the prevention and control of water pollution;
(b) conduct or encourage necessary research and demonstrations concerning water pollution;
(c) encourage and provide for the use of appropriate new methods, materials, and models in evaluation, design, and construction as they relate to water quality.
(2) (a) In the implementation of subsection (1)(a), the department shall, at intervals not to exceed 5 years, compile and when necessary, update department organizational information, statutes, rules, permitting information, standards, and bulletins related to water quality. The first compilation must be complete and made available in hard copy and for electronic access by January 31, 2000.
(b) The department may charge a reasonable fee for purchase of the hard-copy compilation, not to exceed the department's costs for copying, assembly, and distribution of the compilation.
History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(1)(d), (1)(e); amd. Sec. 1, Ch. 511, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-213. Comprehensive plan for prevention and control of water pollution

75-5-213. Comprehensive plan for prevention and control of water pollution.
The department shall advise, consult, and cooperate with other states, other state and federal agencies, affected groups, political subdivisions, and industries in the formulation of a comprehensive plan to prevent and control pollution.
History: En. Sec. 7, Ch. 21, L. 1971; amd. Sec. 3, Ch. 506, L. 1973; amd. Sec. 63, Ch. 349, L. 1974; amd. Sec. 6, Ch. 455, L. 1975; amd. Sec. 4, Ch. 444, L. 1977; R.C.M. 1947, 69-4809.1(1)(h).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-214. Pipeline reporting requirements

75-5-214. Pipeline reporting requirements.
(1) By January 1, 2016, the department of environmental quality shall compile information in accordance with subsection (2) for all pipelines that intersect or cross a navigable river in Montana.
(2) The compilation, at a minimum, should include to the extent the data is available from the federal government or another source:
(a) standard pipeline identification information, as determined by the department;
(b) a pipeline's size;
(c) the commodity transported by the pipeline;
(d) navigable rivers intersected or crossed by the pipeline;
(e) the distance between shutoff valves that isolate the segment of a pipeline that crosses a navigable river from the balance of the pipeline;
(f) the county in which a pipeline crosses a navigable river; and
(g) the depth of coverage when the pipeline was installed.
(3) (a) The department of environmental quality shall make the information collected in accordance with subsection (2) available to the public on the agency's website.
(b) The department of natural resources and conservation shall provide a link on its website to the information provided by the department of environmental quality in accordance with subsection (3)(a).
(4) For the purposes of this section, "pipeline" means a pipeline greater than or equal to 8 inches in inside diameter that transports oil, gas, or liquid.
History: En. Sec. 1, Ch. 332, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-221. Water pollution control advisory council -- general

75-5-221. Water pollution control advisory council -- general.
(1) The council provided for in 2-15-2107 shall select a presiding officer from among its members. The director of the department of environmental quality shall designate a member of the staff of the department to act as secretary to the council. The secretary shall keep records of all actions taken by the council.
(2) Meetings must be held at the call of the presiding officer or on written request of two or more members.
(3) Each member may, by filing with the secretary, designate a deputy or alternate to perform the member's duties.
(4) The council shall act only in an advisory capacity to the department on matters relating to water pollution.
(5) The director of the department may designate other persons to participate with council members in evaluating particular issues arising under this chapter that are brought before the council.
History: En. Sec. 132, Ch. 197, L. 1967; amd. Sec. 10, Ch. 21, L. 1971; amd. Sec. 64, Ch. 349, L. 1974; R.C.M. 1947, 69-4812; amd. Sec. 1, Ch. 297, L. 1995; amd. Sec. 185, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 2. Administrative Agencies › 75-5-222. State regulation for natural conditions

75-5-222. State regulation for natural conditions.
(1) The department may not apply a standard to a water body for water quality that is more stringent than the nonanthropogenic condition of the water body. For the parameters for which the applicable standards are more stringent than the nonanthropogenic condition, the standard is the nonanthropogenic condition of the parameter in the water body. The department shall implement the standard in a manner that provides for the water quality standards for downstream waters to be attained and maintained.
(2) (a) For water bodies where the standard is more stringent than the condition of the water body but subsection (1) is not applicable, the department shall adopt rules consistent with comparable federal rules and guidelines providing criteria and procedures for the department to issue variances from standards if:
(i) the condition cannot reasonably be expected to be remediated during the permit term for which the application for variance has been received; and
(ii) the discharge to which the variance applies would not materially contribute to the condition.
(b) A variance issued pursuant to subsection (2)(a) must be reviewed every 5 years and may be modified or terminated as a result of the review.
History: En. Sec. 1, Ch. 378, L. 2015; amd. Sec. 33, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 3. Classification and Standards › 75-5-302. Revising classifications in accordance with existing, present, and future most beneficial uses of water bodies

75-5-302. Revising classifications in accordance with existing, present, and future most beneficial uses of water bodies.
When the department is presented with facts indicating that a body of water is not properly classified in accordance with its existing, present, and future most beneficial uses, the department shall, within 90 days, evaluate the facts. If the department determines that the water body is not properly classified, the department shall initiate rulemaking to properly classify the water body in accordance with its existing, present, and future most beneficial uses. Action pursuant to this section is subject to 75-5-307.
History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(c)(i); amd. Sec. 6, Ch. 497, L. 1995; amd. Sec. 2, Ch. 539, L. 1995; amd. Sec. 1, Ch. 131, L. 2015; amd. Sec. 35, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 3. Classification and Standards › 75-5-304. Adoption of standards -- pretreatment, effluent, performance

75-5-304. Adoption of standards -- pretreatment, effluent, performance.
(1) The department shall:
(a) adopt pretreatment standards for wastewater discharged into a municipal disposal system;
(b) adopt effluent standards as defined in 75-5-103;
(c) adopt toxic effluent standards and prohibitions;
(d) establish standards of performance for new point source discharges; and
(e) adopt rules necessary to ensure the primacy of the department to regulate cooling water intake structures under 33 U.S.C. 1326(b).
(2) In taking action under subsection (1), the department shall ensure that the standards are cost-effective and economically, environmentally, and technologically feasible.
History: En. Sec. 6, Ch. 21, L. 1971; amd. Sec. 2, Ch. 506, L. 1973; amd. Sec. 62, Ch. 349, L. 1974; amd. Sec. 5, Ch. 455, L. 1975; amd. Sec. 3, Ch. 444, L. 1977; R.C.M. 1947, 69-4808.2(1)(h); amd. Sec. 7, Ch. 497, L. 1995; amd. Sec. 1, Ch. 156, L. 2013; amd. Sec. 37, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 3. Classification and Standards › 75-5-306. Purer than natural unnecessary -- dams -- definition

75-5-306. Purer than natural unnecessary -- dams -- definition.
(1) It is not necessary that wastes be treated to a purer condition than the natural condition of the receiving stream as long as the minimum treatment requirements established under this chapter are met.
(2) "Natural" refers to conditions or material present from runoff or percolation over which humans have no control or from developed land where all reasonable land, soil, and water conservation practices have been applied. Conditions resulting from the reasonable operation of dams on July 1, 1971, are natural.
History: En. Sec. 121, Ch. 197, L. 1967; amd. Sec. 1, Ch. 21, L. 1971; amd. Sec. 1, Ch. 455, L. 1975; R.C.M. 1947, 69-4801(2); amd. Sec. 2494, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 5. Water Quality › Part 3. Classification and Standards › 75-5-307. Hearings required for classification, formulation of standards, and rulemaking

75-5-307. Hearings required for classification, formulation of standards, and rulemaking.
(1) Before streams are classified or standards established or modified or rules made, revoked, or modified, the department shall hold a public hearing. Notice of the hearing specifying the waters concerned and the classification, standards, or modification of them and any rules proposed to be made, revoked, or modified must be published at least once a week for 3 consecutive weeks in a daily newspaper of general circulation in the area affected. Notice must be mailed directly to persons the department believes may be affected by the proposed action. The council must be given not less than 30 days prior to first publication to comment on the proposed action.
(2) At a hearing held under this section, the department shall give all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The department may make rules for the orderly conduct of the hearing but need not require compliance with the rules of evidence or procedure applicable to hearings held under 75-5-611.
History: En. Sec. 134, Ch. 197, L. 1967; amd. Sec. 12, Ch. 21, L. 1971; R.C.M. 1947, 69-4814; amd. Sec. 39, Ch. 324, L. 2021.