reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act › 75-10-234. Liability -- defense and exclusions

75-10-234. Liability -- defense and exclusions.
(1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that:
(a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;
(b) the person has not caused or contributed to the violation; and
(c) the person is making an effort to abate the violation.
(2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.
History: En. Sec. 2, Ch. 159, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act › 75-10-240. Disposal of coal combustion residues -- cost benefit analysis required

75-10-240. Disposal of coal combustion residues -- cost benefit analysis required.
(1) The department shall establish guidelines to compare costs and benefits of continued disposal of coal combustion residues at electrical generation facilities versus economical ways to reuse coal combustion residues.
(2) The guidelines must include requirements for promptly determining when a cost-benefit analysis under this section is appropriate and necessary.
(3) Proposals for analysis under this section must be consistent with the size and scope of the waste disposal options under consideration or at least demonstrate significant quantifiable environmental impacts, economic impacts, or both and meet other beneficial use requirements.
(4) An analysis under this section that favors a beneficial use must be transmitted to the governor. The governor may:
(a) approve the document and order the prompt execution of the proposal;
(b) return the document to the department for suggested revisions and resubmission to the governor; or
(c) deny the proposal.
History: En. Sec. 3, Ch. 553, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act › 75-10-250. Baled waste tires prohibited -- exception -- department rules

75-10-250. Baled waste tires prohibited -- exception -- department rules.
(1) Waste tires that are mechanically compressed or baled and bound together with cable, straps, wires, or other nonpermanent mechanical devices may not be used for any aboveground purpose within 500 feet of any road, commercial business, or private residence without the consent of the owner of the business or residence unless they are encased in a material that will maintain the integrity of the bale upon failure of the bale restraining devices. Notwithstanding any other provision of law, the department shall adopt rules authorizing other aboveground uses for baled waste tires, whether or not they are defined as solid waste.
(2) Baled waste tires, as described in subsection (1), may not be placed under water under any circumstances or in a location where they are likely to enter any state waters.
(3) A bale of waste tires that loses its integrity is solid waste and is subject to disposal requirements and penalties as provided in this part.
History: En. Sec. 1, Ch. 580, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 3. Detachable Beverage Container Openers(Repealed) › 75-10-301. Repealed

75-10-301. Repealed.
Sec. 1, Ch. 144, L. 2023.
History: En. Sec. 1, Ch. 185, L. 1981.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 3. Detachable Beverage Container Openers(Repealed) › 75-10-302. Repealed

75-10-302. Repealed.
Sec. 1, Ch. 144, L. 2023.
History: En. Sec. 2, Ch. 185, L. 1981.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 3. Detachable Beverage Container Openers(Repealed) › 75-10-303. Repealed

75-10-303. Repealed.
Sec. 1, Ch. 144, L. 2023.
History: En. Sec. 3, Ch. 185, L. 1981.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-401. Short title

75-10-401. Short title.
This part shall be known and may be cited as the "Montana Hazardous Waste Act".
History: En. Sec. 8, Ch. 358, L. 1981; amd. Sec. 1, Ch. 384, L. 1989; amd. Sec. 17, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-402. Intent, findings, and purpose

75-10-402. Intent, findings, and purpose.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Hazardous Waste Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) The legislature finds that the safe and proper management of hazardous wastes and used oil, the permitting of hazardous waste facilities, and the siting of facilities are matters for statewide regulation and are environmental issues that should properly be addressed and controlled by the state rather than by the federal government.
(3) It is the purpose of this part and it is the policy of this state to protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous wastes and used oil; to establish a program of regulation over used oil and the generation, storage, transportation, treatment, and disposal of hazardous wastes; to ensure the safe and adequate management of hazardous wastes and used oil within this state; and to authorize the department to adopt, administer, and enforce a hazardous waste program pursuant to the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended.
History: En. Sec. 9, Ch. 358, L. 1981; amd. Sec. 2, Ch. 384, L. 1989; amd. Sec. 1, Ch. 386, L. 1989; amd. Sec. 1, Ch. 28, L. 1995; amd. Sec. 18, Ch. 112, L. 1997; amd. Sec. 14, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-404. Powers of department

75-10-404. Powers of department.
(1) The department may:
(a) administer and enforce the provisions of this part, rules implementing this part, and orders and permits issued pursuant to this part;
(b) conduct and publish studies on hazardous wastes and hazardous waste management;
(c) initiate, conduct, and support research, demonstration projects, and investigation, as its resources may allow, and coordinate state agency research programs pertaining to hazardous waste management;
(d) accept and administer grants from the federal government and from other sources, public and private; and
(e) abate public nuisances that affect the public health and welfare or the environment and that arise from or in connection with the past or present handling or disposal of any hazardous waste.
(2) The department shall integrate all provisions of this part with other laws administered by the department to avoid unnecessary duplication. Furthermore, the department shall coordinate its activities under this part with the program administered by the department of agriculture under the Montana Pesticides Act, the programs administered by the department of environmental quality related to mining and mine reclamation, the program administered by the department of public service regulation related to hazardous material transportation, and provisions of the Montana Major Facility Siting Act. The integration and coordination must be effected only to the extent that it can be done in a manner consistent with the goals and policies of this part and the other laws referred to in this section.
History: En. Sec. 11, Ch. 358, L. 1981; amd. Sec. 2, Ch. 386, L. 1989; amd. Sec. 195, Ch. 418, L. 1995; amd. Sec. 20, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-407. Concurrent permit and major facility siting decisions

75-10-407. Concurrent permit and major facility siting decisions.
If it is determined that an application for a certificate under the Montana Major Facility Siting Act, Title 75, chapter 20, will result in the generation, transportation, storage, or disposal of hazardous wastes as defined in 75-10-403, the department shall conduct its review under the provisions of this part concurrently with the studies of air and water quality conducted under the provisions of the Montana Major Facility Siting Act. A decision to grant or deny a permit for the treatment, storage, or disposal of hazardous wastes under the provisions of 75-10-406 is appealable concurrently with and subject to the same procedures established for the appeal of the department's air and water quality certification decision under the Montana Major Facility Siting Act. If the initial permit has been granted as specified in this section, all renewals or modifications of a permit or enforcement actions concerning alleged violations of the permit and the provisions of this part shall be conducted pursuant to the procedures and enforcement provisions established in this part.
History: En. Sec. 14, Ch. 358, L. 1981.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-408. Variances -- renewals

75-10-408. Variances -- renewals.
(1) A person who is a generator or transporter of hazardous wastes or who owns or operates a hazardous waste management facility may apply to the board for a variance or partial variance from the application of or compliance with any requirement of this part or any rule adopted under this part. The board may grant a variance or partial variance if it finds that:
(a) the applicant's actions or proposed actions regarding generation, transportation, treatment, storage, or disposal of hazardous wastes do not constitute a danger to public health or safety or cause substantially adverse environmental effects; and
(b) the application of or compliance with the requirement or rule would produce unreasonable hardship without equal or greater benefits to the public.
(2) No variance or partial variance may be granted except after public hearing on due notice and until the board has considered the relative interests of the applicant, other persons specifically affected, and the general public.
(3) No variance or partial variance may be granted for a period to exceed 1 year, but the variance or partial variance may be renewed for like periods if no complaint is made to the board because of it or if, after the complaint has been made and duly considered at a public hearing held by the board on due notice, the board finds that renewal is justified. No renewal may be granted except on application therefor. An application for renewal shall be made in the manner and upon such notice as specified in rules promulgated under this part. A renewal pursuant to this subsection shall be on the same grounds and subject to the same limitations and requirements as provided in subsection (1).
(4) A variance, partial variance, or renewal thereof is not a right of the applicant or holder thereof but shall be granted at the discretion of the board. However, a person adversely affected by a variance, partial variance, or renewal granted by the board may obtain judicial review thereof as provided by the judicial review of contested case provisions of the Montana Administrative Procedure Act.
(5) Nothing in this section and no variance, partial variance, or renewal granted pursuant to this section may be construed to prevent or limit the application of the emergency provisions and procedures of 75-10-415.
(6) Under no conditions may a variance be granted by the board that would result in a less stringent requirement or degree of control than would be imposed by the applicable federal regulations adopted under the federal Resource Conservation and Recovery Act.
History: En. Sec. 15, Ch. 358, L. 1981.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-409. Compliance monitoring and reporting

75-10-409. Compliance monitoring and reporting.
(1) The department may, as a condition of a permit, require the owner or operator of a facility to install equipment, collect and analyze samples, and maintain records in order to monitor and demonstrate compliance with this part, rules adopted under this part, any order of the board or department, and permit conditions.
(2) The department may require the owner or operator of a facility to submit reports on the compliance monitoring activities, including notice to the department of any noncompliance with permit conditions, rules adopted under this part, the provisions of this part, or any orders of the department or board.
History: En. Sec. 16, Ch. 358, L. 1981; amd. Sec. 3, Ch. 633, L. 1985; amd. Sec. 22, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-410. Inspections -- sampling

75-10-410. Inspections -- sampling.
(1) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which:
(i) hazardous wastes are or have been generated, stored, treated, disposed of, or loaded for transportation;
(ii) used oil is or has been generated, stored, treated, disposed of, or loaded for transportation; or
(iii) records pertinent to the used oil or hazardous waste activities are maintained.
(b) The employee or agent of the department may have access to and may copy any records relating to the used oil or hazardous wastes for the purposes of developing rules under this part or enforcing the provisions of this part, rules adopted under this part, or a permit or an order issued under this part.
(2) In the course of an inspection under this section, the employee or agent of the department may take samples of any substances, used oil, or wastes, including samples from any soil or ground water or from any vehicle in which used oil or wastes are transported, or samples of any containers or labeling for the substances, used oil, or wastes. If the employee or agent of the department takes a sample of any used oil, hazardous waste, or suspected hazardous waste, the employee or agent shall, prior to leaving the premises, give to the owner, operator, or agent in charge a receipt describing the sample taken and, if requested, a portion of each sample equal in volume or weight to the portion retained. If any analysis is made of the samples, a copy of the results of the analysis must be furnished to the owner, operator, or agent in charge.
History: En. Sec. 17, Ch. 358, L. 1981; amd. Sec. 5, Ch. 384, L. 1989; amd. Sec. 4, Ch. 28, L. 1995; amd. Sec. 23, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-411. Hazardous waste site inventory

75-10-411. Hazardous waste site inventory.
(1) The department is authorized to conduct an inventory of sites and locations in the state where hazardous wastes have been stored or disposed of at any time.
(2) If the department determines that the presence of a hazardous waste or the release of the waste or any waste constituent may present a substantial hazard to the public health or the environment, it may issue an order requiring the owner or operator of the facility or site to conduct reasonable monitoring, testing, analysis, and reporting with respect to the site in order to ascertain the nature and extent of the hazard.
(3) In the case of any facility or site not in operation at the time that a determination is made under subsection (2) with respect to the facility or site, if the department finds that the owner of the facility or site could not reasonably be expected to have actual knowledge of the presence of hazardous waste at the facility or site and of its potential for release, it may issue an order requiring the most recent previous owner or operator of the facility or site who could reasonably be expected to have actual knowledge to carry out the actions referred to in subsection (2).
(4) An order issued under subsection (2) or (3) must require that the person to whom the order is issued submit to the department within 30 days a proposal for carrying out the required monitoring, testing, analysis, and reporting.
(5) If the department determines that the owner or operator referred to in subsection (2) or (3) is not able to conduct monitoring, testing, and analysis in a satisfactory manner, the department may conduct the activities.
(6) For the purposes of carrying out this section, the department may exercise the powers set forth in 75-10-410.
History: En. Sec. 18, Ch. 358, L. 1981; amd. Sec. 6, Ch. 384, L. 1989; amd. Sec. 4, Ch. 386, L. 1989; amd. Sec. 24, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-412. State hazardous waste management facilities

75-10-412. State hazardous waste management facilities.
(1) The department may:
(a) if it considers such action to be necessary, establish, maintain, and operate state hazardous waste management facilities to provide for the treatment, storage, or disposal of hazardous wastes;
(b) acquire interests in real property by gift, purchase, lease, or other means in order to develop any such facility;
(c) operate and maintain such a facility directly or through agreement with public or private persons; and
(d) collect reasonable fees to defray a portion of the costs of establishing, maintaining, and operating the facility.
(2) A state facility must meet all applicable requirements for a hazardous waste management facility under this part.
History: En. Sec. 19, Ch. 358, L. 1981; amd. Sec. 2, Ch. 107, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-413. Administrative enforcement

75-10-413. Administrative enforcement.
(1) When the department believes that a violation of this part, a rule adopted under this part, or a permit provision 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, the rule, or the permit provision alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time stated in the order. The order becomes final unless, within 30 days after the notice is served, the person named requests, in writing, a hearing before the board. On receipt of the request, the board shall schedule a hearing. Service by mail is complete on the date of mailing.
(2) If, after a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or modify the department's order. An order issued by the department or by the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after hearing, the board finds that a violation has not occurred, it shall rescind the department's order.
(3) In addition to or instead of issuing an order pursuant to subsection (1), the department may:
(a) require the alleged violator to appear before the board or department, by subpoena or subpoena duces tecum, for a hearing at a time and place specified in the notice to answer the charges complained of or to provide information regarding the alleged violation or its actual or potential impact on public health and welfare or the environment; or
(b) initiate action under 75-10-414, 75-10-417, or 75-10-418.
(4) In the case of disobedience of any subpoena issued and served under this section or of the refusal of any witness to testify as to any material matter with regard to which the witness may be interrogated in a hearing or investigation before the board or the department, the board or department may apply to any district court in the state for an order to compel compliance with the subpoena or the giving of testimony. The court shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unjustified, the court shall enter an order requiring compliance. Disobedience of the order is punishable by contempt of court in the same manner and by the same procedures as is provided for like conduct committed in the course of civil actions in district court.
(5) This section does not prevent the board or department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.
History: En. Sec. 20, Ch. 358, L. 1981; amd. Sec. 5, Ch. 386, L. 1989; amd. Sec. 2, Ch. 281, L. 1993; amd. Sec. 25, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-414. Injunctions

75-10-414. Injunctions.
The department may institute and maintain in the name of the state actions for injunctive relief as provided in Title 27, chapter 19, to:
(1) immediately restrain any person from engaging in any unauthorized activity which 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 of the department or the board, or a permit provision without the necessity of prior revocation of the permit; or
(3) require compliance with this part, a rule adopted under this part, an order of the department or the board, or a permit provision.
History: En. Sec. 21, Ch. 358, L. 1981; amd. Sec. 1, Ch. 108, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-415. Imminent hazard

75-10-415. Imminent hazard.
Upon receipt of evidence that the handling, storage, treatment, transportation, or disposal of any used oil or hazardous waste may present an imminent and substantial danger to the public health or the environment, the department may commence legal proceedings to immediately restrain or enjoin any person (including any past or present generator, past or present transporter, and past or present owner or operator of a treatment, storage, or disposal facility) who has contributed to or who is contributing to the handling, storage, treatment, transportation, or disposal from engaging in these activities or order the person to take other action as may be necessary, or both. The department may also take appropriate action as may be necessary under this section, including issuing orders necessary or appropriate to protect the public health and the environment.
History: En. Sec. 22, Ch. 358, L. 1981; amd. Sec. 7, Ch. 384, L. 1989; amd. Sec. 6, Ch. 386, L. 1989; amd. Sec. 5, Ch. 28, L. 1995; amd. Sec. 26, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-416. Cleanup orders

75-10-416. Cleanup orders.
The department may issue a cleanup order to any person who has discharged, deposited, or spilled any used oil or hazardous waste into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any material or substance into or onto any land or water so as to result in unlawful or unapproved disposal of used oil or hazardous waste. The order must direct the person to clean up and remove the used oil or hazardous waste, to treat the used oil or hazardous waste so as to render it nonhazardous, or to take other actions as may be considered reasonable by the department.
History: En. Sec. 23, Ch. 358, L. 1981; amd. Sec. 8, Ch. 384, L. 1989; amd. Sec. 6, Ch. 28, L. 1995; amd. Sec. 27, Ch. 112, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-417. Civil penalties

75-10-417. Civil penalties.
(1) A person who violates any provision of this part, a rule adopted under this part, an order of the department or the board, or a permit is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation. Penalties assessed under this section must be determined in accordance with the penalty factors in 75-1-1001.
(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county of violation shall petition the district court to impose, assess, and recover the civil penalty. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
(3) Action under this section does not bar:
(a) enforcement of this part, rules adopted under this part, orders of the department or the board, or permits by injunction or other appropriate remedy; or
(b) action under 75-10-418.
(4) Money collected under this section must be deposited in the state general fund.
History: En. Sec. 24, Ch. 358, L. 1981; amd. Sec. 1, Ch. 150, L. 1985; amd. Sec. 7, Ch. 386, L. 1989; amd. Sec. 14, Ch. 487, L. 2005; amd. Sec. 34, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-418. Criminal penalties

75-10-418. Criminal penalties.
(1) A person is guilty of an offense under this section if the person knowingly:
(a) transports any hazardous waste to an unpermitted facility;
(b) treats, stores, or disposes of hazardous waste subject to regulation under this part or the rules adopted under this part without a permit or contrary to a material permit condition;
(c) omits material information or makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for compliance with provisions of this part or rules adopted under this part pertaining to the handling of hazardous waste;
(d) generates, stores, treats, transports, disposes of, or otherwise handles any used oil or hazardous waste regulated under this part or rules adopted under this part and knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed in compliance with the provisions of this part, an order issued under this part, or rules adopted under this part; or
(e) transports or causes to be transported without a manifest any hazardous waste required to be accompanied by a manifest.
(2) A person who is guilty of an offense under subsection (1) is subject to a fine of not more than $25,000 per violation or imprisonment for a period not to exceed 3 years, or both. Each day of violation constitutes a separate violation.
(3) A person who knowingly violates any requirement of this part or any rule or material permit condition issued pursuant to this part (except those violations specified in subsection (1)) regarding any hazardous waste that is subject to regulation is guilty of an offense and subject to a fine of up to $5,000 per violation or subject to imprisonment not to exceed 6 months, or both. Each day of violation constitutes a separate violation.
(4) Upon a second conviction for a violation of this section, the maximum penalties specified in this section must be doubled.
(5) Action under this section does not bar enforcement of this part, rules made under this part, orders of the department or the board, or permits by injunction or other appropriate remedy.
(6) Money collected under this section, except money collected in a justice's court, must be deposited in the state general fund.
History: En. Sec. 25, Ch. 358, L. 1981; amd. Sec. 45, Ch. 557, L. 1987; amd. Sec. 8, Ch. 386, L. 1989; amd. Sec. 7, Ch. 28, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-419. Department designated agency for federal program participation -- interstate cooperation

75-10-419. Department designated agency for federal program participation -- interstate cooperation.
(1) The department is designated as the official agency for the state for all purposes of the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended, and for the purpose of such other state or federal legislation as has or may be enacted after October 1, 1981, to assist in the management of hazardous wastes.
(2) The legislature of this state encourages cooperative activities by the department with other states for the improved management of hazardous wastes and, so far as is practicable, encourages the adoption of uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes. The department may enter into agreements with the responsible authorities of the United States and of other states, subject to approval by the governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this part and may carry out the agreements.
History: En. Sec. 26, Ch. 358, L. 1981.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-420. Venue for legal actions

75-10-420. Venue for legal actions.
All legal actions affecting hazardous waste management facilities in the state must be brought in the county in which the facility is located or is proposed to be located.
History: En. Sec. 27, Ch. 358, L. 1981; amd. Sec. 9, Ch. 384, L. 1989; amd. Sec. 28, Ch. 112, L. 1997; amd. Sec. 15, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-421. Construction in event of conflict -- remedies cumulative

75-10-421. Construction in event of conflict -- remedies cumulative.
(1) The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under such provisions.
(2) The remedies provided for in this part are cumulative with other remedies provided by law.
History: En. Sec. 28, Ch. 358, L. 1981.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-422. Unlawful disposal

75-10-422. Unlawful disposal.
It is unlawful to dispose of used oil or hazardous waste, as defined in this part or by rule, without a permit or, if a permit is not required under this part or rules adopted under this part, by any other means not authorized by law.
History: En. Sec. 9, Ch. 386, L. 1989; amd. Sec. 8, Ch. 28, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-424. Administrative penalty

75-10-424. Administrative penalty.
(1) The department may assess a person who violates a provision of this part or a rule adopted under this part an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,000 for any related series of violations. Assessment of an administrative penalty under this section must be made in conjunction with an order or administrative action authorized by this chapter.
(2) An administrative penalty may not be assessed under this section unless the alleged violator is given notice and opportunity for a hearing before the board pursuant to Title 2, chapter 4, part 6.
(3) In determining the appropriate amount of an administrative penalty, the department shall consider the penalty factors in 75-1-1001.
(4) If the department is unable to collect the administrative penalty or if a person fails to pay all or any portion of the administrative penalty as determined by the department, the department may file an action to recover the amount not paid. The action must be brought in the district court of the county in which the violation occurred.
(5) Action under this section does not bar action under 75-10-413 through 75-10-418 or any other appropriate remedy.
(6) Administrative penalties collected under this section must be deposited in the state general fund.
History: En. Sec. 2, Ch. 509, L. 1993; amd. Sec. 9, Ch. 28, L. 1995; amd. Sec. 31, Ch. 112, L. 1997; amd. Sec. 15, Ch. 487, L. 2005; amd. Sec. 35, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-425. Corrective action orders -- judicial action

75-10-425. Corrective action orders -- judicial action.
Whenever, on the basis of any information, the department determines and verifies that there is or has been a release of hazardous waste or constituents into the environment from any facility that treats, stores, or disposes of hazardous waste, whether or not the facility is authorized to operate under 75-10-406, the department may:
(1) commence a civil action for appropriate relief, including injunctive relief, in the district court in the district in which the facility is located; or
(2) issue an order requiring corrective action or any other response measure that the department considers necessary to protect human health or the environment. An order may include a suspension or revocation of authorization to operate under 75-10-406. An order must state with reasonable specificity the nature of the required corrective action or other response measure and must specify a time for compliance.
History: En. Sec. 1, Ch. 425, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-427. Denial or modification of permit -- mitigating factors

75-10-427. Denial or modification of permit -- mitigating factors.
(1) The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application:
(a) a civil complaint or administrative enforcement action for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant;
(b) a judgment of criminal conviction of an environmental protection law has been entered against the applicant;
(c) the applicant has a history of repeated violations of environmental protection laws; or
(d) a judgment or criminal conviction for a violation described in 75-10-426(1)(d) has been entered against the applicant.
(2) As provided under subsection (1), the department may impose additional conditions on a permit related to permit length, inspections, monitoring, recordkeeping, and reporting.
(3) In making the decision to deny an application or to impose conditions on a permit pursuant to subsection (1), the department shall consider the following mitigating factors:
(a) the number, nature, and gravity of the violations of environmental protection laws or violations described in 75-10-426(1)(d);
(b) the degree of culpability of the applicant;
(c) the applicant's cooperation with the state or federal agencies involved in the complaints, enforcement actions, and convictions referred to in 75-10-426; and
(d) the applicant's dissociation from other persons or entities involved in the complaints or enforcement actions or convicted of acts referred to in 75-10-426.
(4) For the purposes of this section, "applicant" includes a subsidiary or successor in interest with respect to the applicant.
History: En. Sec. 3, Ch. 218, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-428. Liability -- defense and exclusions

75-10-428. Liability -- defense and exclusions.
(1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that:
(a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;
(b) the person has not caused or contributed to the violation; and
(c) the person is making an effort to abate the violation.
(2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.
History: En. Sec. 3, Ch. 159, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-431. Definitions

75-10-431. Definitions.
As used in 75-10-432, the following definitions apply:
(1) "Class I facility" means a hazardous waste management facility that:
(a) contains one or more regulated landfill units, surface impoundments, land treatment units, incinerators, boilers, or industrial furnaces; and
(b) primarily receives hazardous waste generated by offsite sources not owned, controlled, or operated by the facility owner or operator.
(2) "Class II facility" means a hazardous waste management facility that is neither a class I facility nor a class III facility.
(3) "Class III facility" means a hazardous waste management facility that:
(a) does not contain a regulated landfill unit, surface impoundment, land treatment unit, incinerator, boiler, or industrial furnace; and
(b) primarily receives hazardous waste generated either onsite or by offsite sources that are owned, controlled, or operated by the facility owner or operator.
History: En. Sec. 2, Ch. 341, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-432. Hazardous waste management facility filing and review fees

75-10-432. Hazardous waste management facility filing and review fees.
(1) The department may establish and collect fees for the filing and review of hazardous waste management facility permits. The fees must be based upon the following schedule:
(a) for class I facilities, a maximum fee of $150,000, payable as follows:
(i) a nonrefundable payment of $50,000 due when an applicant files for a permit;
(ii) a payment of $50,000 due when the department notifies the applicant that the application is complete; and
(iii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $100,000. This payment is due 30 days after the department's final decision on the application.
(b) for class II facilities, a maximum fee of $90,000, payable as follows:
(i) a nonrefundable payment of $40,000 due when an applicant files for a permit; and
(ii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $40,000. This payment is due 30 days after the department's final decision on the application.
(c) for class III facilities, a maximum fee of $25,000, payable as follows:
(i) a nonrefundable payment of $10,000 due when an applicant files for a permit; and
(ii) an additional payment of up to $15,000 for the portion of the department's actual costs of review that exceed $10,000. This payment is due 30 days after the department's final decision on the application.
(2) If, after receipt of the payment required in subsection (1)(a)(ii), the applicant notifies the department in writing of its intent to withdraw the application, the department shall return to the applicant any portion of the payment received pursuant to subsection (1)(a)(ii) in excess of the department's actual costs of permit review.
(3) The department shall deposit all fees collected pursuant to this section into an account in the state special revenue fund as provided in 75-10-434.
History: En. Sec. 3, Ch. 341, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-433. Hazardous waste management fees

75-10-433. Hazardous waste management fees.
(1) An owner or operator of a hazardous waste management facility that primarily receives waste generated by offsite sources that are not owned, controlled, or operated by the facility owner or operator or site owner shall collect from generators and remit quarterly to the department a fee of:
(a) $8 per ton on all hazardous waste received at the facility or site for management in regulated landfill units, surface impoundments, land treatment units, incinerators, boilers, or industrial furnaces; and
(b) $4 per ton on all hazardous waste received at the facility or site for management in any regulated unit or units other than those units described in subsection (1)(a).
(2) The fees established in subsection (1) may be prorated for amounts of hazardous waste received that are less than 1 ton in weight.
(3) The department shall remit 15% of the fees received under this section from a facility to the county in which the facility is located. The county may use the money for the purpose of implementing hazardous material or hazardous waste monitoring and response programs.
(4) The department shall deposit all fees collected under this section, except fees paid to a county, into an account in the state special revenue fund as provided in 75-10-434.
History: En. Sec. 4, Ch. 341, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-434. Deposit of hazardous waste management fees

75-10-434. Deposit of hazardous waste management fees.
(1) There must be credited to an account within the state special revenue fund established in 17-2-102:
(a) all fees collected under 75-10-432;
(b) all fees collected under 75-10-433, except fees paid to a county;
(c) all fees collected for the registration of hazardous waste generators; and
(d) all fees collected for the reissuance or modification of hazardous waste management facility permits.
(2) Money in the account may be used by the department only for the administration of the hazardous waste provisions of this part.
History: En. Sec. 5, Ch. 341, L. 1993; amd. Sec. 1, Ch. 84, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-441. Hazardous waste site -- public hearing required before operation

75-10-441. Hazardous waste site -- public hearing required before operation.
(1) The owner or manager of a proposed commercial facility for the storage, collection, or transfer of hazardous waste (whether or not the proposed facility is subject to permitting under 75-10-406) shall conduct a public hearing in the nearest population center to provide information and answer questions on:
(a) facility plans and operating procedures;
(b) emergency response plans and the manner in which neighboring population densities have been considered in the facility siting decision;
(c) the kinds of substances to be handled and any applicable state and federal requirements for the provision of public information on these substances;
(d) procedures that will be used to inform the public of any changes in the kinds of substances to be handled; and
(e) any other matters related to the operation of the facility that are pertinent to protecting public health, safety, and the environment.
(2) The hearing must be conducted no later than 60 days prior to the commencement of commercial hazardous waste storage, collection, or transfer operations at the facility.
(3) The hearing must be preceded by written notice:
(a) posted in no fewer than 25 locations of high public visibility and geographically distributed in neighborhoods within one-half mile of the facility;
(b) published in a newspaper of general circulation once a week for the 3 weeks immediately preceding the hearing; and
(c) delivered to the department not less than 30 days prior to the hearing.
History: En. Sec. 1, Ch. 340, L. 1987.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-442. Moratorium on certain hazardous waste facility permits

75-10-442. Moratorium on certain hazardous waste facility permits.
(1) Until October 1, 1993, the department may not issue a permit under 75-10-406 for a boiler or industrial furnace that burns hazardous waste or hazardous waste-derived fuel.
(2) Notwithstanding the provisions of (1), the department shall proceed in a reasonable and timely manner in adopting rules implementing 75-10-406 and in processing applications required under 75-10-406.
History: En. Sec. 3, Ch. 16, Sp. L. July 1992.