reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-720. Condemnation -- creation of state lien

75-10-720. Condemnation -- creation of state lien.
(1) Whenever the department determines that property upon which a release or threatened release of a hazardous or deleterious substance has occurred may present an imminent and substantial endangerment to the public health, safety, or welfare or the environment, the department may condemn the property for public use to mitigate the threat. The taking of the property must be conducted in accordance with the procedure set forth in Title 70, chapter 30.
(2) All costs, penalties, and natural resource damages for which a person has been judicially determined to be liable to the state pursuant to 75-10-715 constitute a lien in favor of the state upon all property and rights to the property that belong to the person.
(3) The lien imposed by this section arises at the time notice incorporating a description of the property subject to the remedial action and an identification of the amount of costs, penalties, and natural resource damages is filed with the clerk and recorder of the county in which the real property is located. A copy of the notice must be served by certified mail upon the liable person.
(4) The costs, penalties, and natural resource damages constituting the lien may be recovered in an action in the district court for the district in which the property is located or in which the remedial action is occurring or has occurred. This section does not affect the right of the state to bring an action against a person to recover all costs, penalties, and natural resource damages for which that person is liable under this part or any other provision of state or federal law.
(5) The lien must continue until the liability for the costs and damages incurred as a result of the release of a hazardous or deleterious substance is satisfied.
(6) If the department expends money from the fund for orphan share remedial action costs at a facility or for a facility at which a reimbursed orphan share exists, the state has a lien upon the facility for the unrecovered costs. The lien:
(a) may not exceed the increase in fair market value of the property attributable to the unfunded portion of the remedial action at the time of a subsequent sale or other disposition of the property;
(b) arises at the time costs are first incurred by the department with respect to a remedial action at the facility;
(c) must be filed according to subsection (3); and
(d) continues until the earlier of satisfaction of the lien or recovery of all remedial action costs incurred at the facility.
(7) Payment of any liens under this section must be deposited in one of the two accounts from which the remedial action costs originated, including the fund established in 75-10-704 or the orphan share fund established in 75-10-743.
History: En. Sec. 12, Ch. 709, L. 1989; amd. Sec. 9, Ch. 415, L. 1997; amd. Sec. 89, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-722. Payment of state costs and penalties

75-10-722. Payment of state costs and penalties.
(1) The department shall keep a record of the state's remedial action costs.
(2) Based on this record, the department may require a person liable under 75-10-715 to pay the amount of the state's remedial action costs, including interest and, if applicable, penalties under 75-10-715(3).
(3) If the state's remedial action costs and penalties are not paid by the liable person to the department after receipt of notice that the costs and penalties are due, the department may bring an action in the name of the state to recover the amount owed plus reasonable legal expenses.
(4) If the department provides a notice that the state's remedial action costs are due, the department shall assess and collect interest on the unpaid amount at the rate provided for in 25-9-205:
(a) after 30 days of receipt of the notice if the notice covers costs incurred during a time period that is 1 month or less;
(b) after 60 days of receipt of the notice if the notice covers costs incurred during a time period that is more than 1 month and not more than 3 months;
(c) after 90 days of receipt of the notice if the notice covers costs incurred during a time period that is more than 3 months and not more than 6 months; and
(d) after 120 days of receipt of the notice if the notice covers costs incurred during a time period that is more than 6 months.
(5) An action to recover remedial action costs and interest may be brought under this section at any time after any remedial action costs and interest have been incurred, and the court may enter a declaratory judgment on liability for remedial action costs and interest that is binding on any subsequent action or actions to recover further remedial action costs and interest. The court may disallow costs or damages only if the person liable under 75-10-715 can show on the record that the costs are not reasonable and are not consistent with this part. The court may disallow the associated interest if it determines, based on the record, that the liable person can show that the costs are not reasonable.
(6) An initial action brought under 75-10-715(4) or a contribution action for costs incurred under this part must be commenced within 6 years after initiation of physical onsite construction of the final permanent remedy.
(7) Remedial action costs, interest, and any penalties recovered by the state under 75-10-715 must be deposited into the environmental quality protection fund established in 75-10-704.
History: En. Sec. 14, Ch. 709, L. 1989; amd. Sec. 5, Ch. 490, L. 1995; amd. Sec. 3, Ch. 584, L. 1995; amd. Sec. 2, Ch. 326, L. 2001; amd. Sec. 1, Ch. 257, L. 2011.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-723. Agreements and administrative orders on consent to perform remedial action

75-10-723. Agreements and administrative orders on consent to perform remedial action.
(1) To expedite effective remedial actions and minimize litigation, the department, in its discretion and whenever practicable and in the public interest, may negotiate and enter into an agreement or an administrative order on consent with any person, including the owner or operator of the facility from which a release emanates, to perform a remedial action if the department determines that the action will be properly done by the person. The agreement must contain terms and conditions that the department in its discretion determines to be appropriate.
(2) Whenever the department enters into an administrative order on consent under this section for remedial action or for assessment or payment of natural resource damages, that administrative order on consent must be available for public comment for at least 30 days.
(3) A decision of the department to enter into or not enter into agreements or administrative orders on consent under this section is not subject to judicial review.
History: En. Sec. 16, Ch. 709, L. 1989; amd. Sec. 2, Ch. 539, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-724. Private right of action

75-10-724. Private right of action.
Any person who receives notice under 75-10-711, who is held jointly and severally liable under 75-10-715, or who initiates a voluntary cleanup under the provisions of 75-10-730 through 75-10-738 may bring a private right of action, including a claim for contribution or declaratory relief, against any other person who is liable or potentially liable under 75-10-715 for the recovery of remedial action costs. In resolving contribution claims, the court shall allocate remedial action costs among the liable persons based on the factors set out in 75-10-750.
History: En. Sec. 17, Ch. 709, L. 1989; amd. Sec. 10, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-725. Immunity of fire agency and employees for hazardous or deleterious substance cleanup

75-10-725. Immunity of fire agency and employees for hazardous or deleterious substance cleanup.
A governmental fire agency organized under Title 7, chapter 33, and the employees of the agency are not liable for civil damages, except damages for gross negligence or willful or wanton misconduct, for their acts or omissions that are directly related to the hazardous material incident.
History: En. Sec. 1, Ch. 367, L. 1995; amd. Sec. 44, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-726. Citizens suit

75-10-726. Citizens suit.
(1) Any person may commence a civil action to compel compliance by any liable or potentially liable person under 75-10-715 alleged to be in violation of a rule, notice letter, order, or department-approved remedial action required pursuant to a notice letter or order under this chapter.
(2) At least 60 days before commencing the action, the person shall give notice of intent to sue to all liable or potentially liable persons under 75-10-715 who are contemplated to be defendants in the proposed action.
(3) An action may not be commenced under subsection (1) if the liable or potentially liable person is diligently coming into compliance with the rule, notice letter, order, or department-approved remedial action plan or if the department has commenced and is diligently prosecuting an action to require compliance with the rule, notice letter, order, or department-approved remedial action plan.
History: En. Sec. 11, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-727. Institutional controls

75-10-727. Institutional controls.
(1) An owner of real property may, with department approval, restrict the use of the owner's real property to mitigate the risk posed to the public health, safety, and welfare and the environment by imposing on the real property, without conveying the property or creating a dominant and servient estate, an appropriate institutional control.
(2) An institutional control restricting present and future real property rights is placed on a property by filing a written instrument evidencing the restrictions to be placed on the use of the property with the county clerk in the county in which the property is located.
(3) An institutional control that restricts real property runs with the land and is binding on all successors in interest to real property until the institutional control is removed.
(4) An institutional control must be removed if there is not an unacceptable risk posed to public health, safety, and welfare and the environment. An owner may request department approval to remove all or a portion of the institutional controls from the real property. The department shall review the request and provide the owner with its decision to approve or deny the request within 120 days from the department's receipt of the request. If the department denies the request, it shall provide the owner with a written explanation of the denial. A department decision to deny the request may be appealed to the board of environmental review and conducted as a contested case proceeding pursuant to Title 2, chapter 4.
(5) If the department or the board approves an owner's request to remove all or a portion of the institutional controls, the owner shall file the approval with the county clerk in the county in which the real property is located.
History: En. Sec. 4, Ch. 437, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-728. Remedial action costs

75-10-728. Remedial action costs.
(1) If a potentially liable person or assignee recovers remedial action costs at a particular site from a financially responsible party, reimbursement from the orphan share is proportionally reduced by the amount of remedial action costs recovered, less any litigation expenses, including attorney fees and costs.
(2) The department may, in defending the orphan share, initiate a court action against a potentially liable party, an affiliate, or another financially responsible party to recover the orphan's share.
History: En. Sec. 5, Ch. 437, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-730. Short title

75-10-730. Short title.
Sections 75-10-730 through 75-10-738 may be cited as the "Voluntary Cleanup and Redevelopment Act".
History: En. Sec. 4, Ch. 584, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-731. Purpose -- legislative declaration

75-10-731. Purpose -- legislative declaration.
(1) (a) The purposes of 75-10-730 through 75-10-738 are to provide for the protection of the public health, welfare, and safety and of the environment and to foster the cleanup, transfer, reuse, or redevelopment of facilities where releases or threatened releases of hazardous or deleterious substances exist.
(b) The legislature further declares that this program is intended to permit and encourage voluntary cleanup of facilities where releases or threatened releases of hazardous or deleterious substances exist by providing interested persons with a method of determining what the cleanup responsibilities will be for reuse or redevelopment of existing facilities.
(2) The legislature further intends that this voluntary program:
(a) encourage and facilitate prompt cleanup activities;
(b) eliminate impediments to the sale or redevelopment of facilities where releases or threatened releases of hazardous or deleterious substances exist; and
(c) minimize administrative processes and costs.
History: En. Sec. 5, Ch. 584, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-733. Voluntary cleanup plan and reimbursement of remedial action costs

75-10-733. Voluntary cleanup plan and reimbursement of remedial action costs.
(1) Any person may submit an application for the approval of a voluntary cleanup plan to the department under the provisions of this section.
(2) A voluntary cleanup plan must include:
(a) an environmental assessment of the facility that includes the information required in 75-10-734;
(b) a remediation proposal that includes the information required in 75-10-734 and that meets the requirements of 75-10-721; and
(c) the written consent of current owners of the facility or property to allow:
(i) access to the facility by the applicant and its agents and the department; and
(ii) implementation of the voluntary cleanup plan when a remediation proposal includes the information required in 75-10-734 and meets the requirements of 75-10-721.
(3) (a) The applicant shall reimburse the department for any remedial action costs that the state incurs in the review and oversight of a voluntary cleanup plan.
(b) If the applicant does not reimburse the department for its remedial action costs in the time required under 75-10-722, the department may discontinue the review or approval process of the voluntary cleanup plan or void its approval of the voluntary cleanup plan. The department may also take action to recover its outstanding costs.
(4) The department may approve a voluntary cleanup plan that provides for phases of remediation or that addresses only a portion of the facility. To the extent that the original environmental assessment required under 75-10-734 addresses subsequent phases of remediation, the applicant may rely on that assessment when submitting voluntary cleanup plans for subsequent phases of remediation.
History: En. Sec. 7, Ch. 584, L. 1995; amd. Sec. 1, Ch. 117, L. 2009; amd. Sec. 1, Ch. 58, L. 2019.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-735. Public participation

75-10-735. Public participation.
(1) Upon determination by the department that an application for a voluntary cleanup plan is complete pursuant to 75-10-736(1) and (2), the department shall publish a notice and brief analysis of the proposed plan in a daily newspaper of general circulation in the area affected and make the plan available to the public.
(2) The notice must provide 30 days for submission of written comments to the department regarding the plan. Upon written request by 10 or more persons, by a group composed of 10 or more members, or by a local governing body of a city, town, or county within the comment period, the department shall conduct a public meeting at or near the facility regarding the proposed voluntary cleanup plan. The meeting must be held within 45 days of the date that written notice of the department's completeness determination is provided to the applicant under 75-10-736(2).
(3) The department shall consider and respond to relevant written or verbal comments submitted during the comment period or at the public meeting.
(4) The department's decision on the final plan and the reasons for any significant modification of the final plan must be published in accordance with subsection (1).
(5) Compliance with this section is considered to satisfy the public participation requirements of Title 75, chapter 1.
History: En. Sec. 9, Ch. 584, L. 1995; amd. Sec. 2, Ch. 117, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-737. Voluntary action to preclude remedial action by department

75-10-737. Voluntary action to preclude remedial action by department.
If a party has elected to undertake an approved voluntary cleanup and is diligently proceeding to implement the plan, the department may not, except as provided in 75-10-712, take remedial action under 75-10-711 with regard to those releases or threatened releases of hazardous or deleterious substances that are addressed by the approved voluntary cleanup plan.
History: En. Sec. 11, Ch. 584, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-738. Closure

75-10-738. Closure.
(1) After completion of the voluntary cleanup plan, an applicant may petition the department for closure of the facility under 75-10-730 through 75-10-738.
(2) Within 60 days of receipt of a petition for closure, weather permitting, the department shall conduct a review to determine that the releases or threatened releases addressed in the voluntary cleanup plan do not pose a significant threat to public health, welfare, or safety or to the environment as determined in accordance with 75-10-721 and that the applicant has:
(a) implemented all appropriate remedial actions;
(b) if necessary, provided for long-term funding for facility maintenance or monitoring; and
(c) reimbursed the department for all remedial action costs of the voluntary cleanup.
(3) In the event that the petition for closure is not approved by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial. Written notification that the petition is approved by the department must include the following language:
"Based upon the information provided by [insert name(s) of applicant(s)] concerning property located at [insert address], it is the opinion of the Montana Department of Environmental Quality that upon completion of the voluntary cleanup plan, no further action is required to ensure that this facility, when used for [insert purposes identified], is protective of existing and proposed uses and does not pose a significant risk to public health, safety, or welfare or the environment at the facility with regard to releases or threatened releases addressed in the voluntary cleanup plan. The department reserves the right to conduct or require further remedial action at this facility if a new release occurs or if the department receives new or different information than presented in the approved voluntary cleanup plan."
(4) After completion of a portion of a facility addressed in the voluntary cleanup plan, the department shall issue a letter of completion notice to the applicant if the department determines that the applicant has satisfied the requirements of subsection (2).
History: En. Sec. 12, Ch. 584, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-742. Short title

75-10-742. Short title.
Sections 75-10-742 through 75-10-751 may be cited as the "Controlled Allocation of Liability Act".
History: En. Sec. 12, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-744. Eligibility -- statute of limitations

75-10-744. Eligibility -- statute of limitations.
(1) Except for a facility that is listed on the national priorities list pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., a facility listed on the priority list established pursuant to 75-10-702 is eligible for the allocation process under 75-10-742 through 75-10-751.
(2) Only liability for remedial action costs is eligible for allocation and reimbursement from the orphan share fund. Allocation of liability and reimbursement of costs for natural resource damages is not permitted under 75-10-742 through 75-10-751.
(3) Remedial action costs incurred prior to the date of the potentially liable person's written petition to the department as provided in 75-10-745 are not eligible for reimbursement from the orphan share fund.
(4) Only one allocation will be allowed for each facility unless:
(a) the department determines that an additional allocation is appropriate due to:
(i) the existence of more than one discrete unit of contamination at the facility;
(ii) the discovery of new releases after remedial actions at the facility are complete; or
(iii) other factors the department determines appropriate.
(b) all the liable or potentially liable persons under 75-10-715 agree in writing that an orphan share does not exist for the proposed allocation and either of the conditions in subsection (4)(a)(i) or (4)(a)(ii) is met.
(5) A liable or potentially liable person under 75-10-715 may not file a cost recovery or contribution action against any person participating in the allocation process provided for in 75-10-742 through 75-10-751 until the allocation process is complete. The statute of limitations on the filing of cost recovery or contribution actions is tolled from the first date of a petition for allocation on a facility until 30 days after the submittal of the allocation report provided for in 75-10-750, or until 30 days following the expiration of the time period for appeal or the final decision on appeal.
History: En. Sec. 14, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-747. Discovery

75-10-747. Discovery.
(1) Each person participating in the allocation process for a facility may conduct discovery for a period of not more than 90 days from the date of the last notice or nomination letter. Discovery requests by each person participating in the allocation process, including the orphan share representative, are limited to the following unless otherwise agreed to by all persons participating in the allocation, including the orphan share representative:
(a) 5 1-day oral depositions not to exceed 8 hours each;
(b) 25 written interrogatories, including subparts;
(c) 50 requests for admission; and
(d) 50 requests for production of documents.
(2) The persons participating in the allocation process may extend the discovery period for up to 30 days if all persons agree to the extension in writing.
(3) Any participating person who is not responsive to discovery requests or who does not participate in the subsequent allocation proceeding and is allocated a share of liability remains subject to liability as provided in 75-10-715.
History: En. Sec. 17, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-748. Preallocation negotiations

75-10-748. Preallocation negotiations.
(1) After discovery pursuant to 75-10-747 closes, all persons participating in the allocation process shall conduct good faith settlement negotiations for a period of 30 days.
(2) The participating potentially liable persons may use an impartial mediator when conducting settlement negotiations.
(3) If a settlement is reached under subsection (1), the persons shall execute a stipulated agreement as provided in 75-10-750.
(4) If a stipulated agreement is not executed as provided in 75-10-750, the persons shall select an allocator as provided in 75-10-749.
History: En. Sec. 18, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-749. Allocator selection -- payment of fees

75-10-749. Allocator selection -- payment of fees.
(1) If the preallocation negotiations pursuant to 75-10-748 fail to produce a stipulated agreement within the timeframe provided in 75-10-748, the participating persons shall select an allocator within 30 days after the preallocation negotiations end. All participating persons shall agree on the selected allocator.
(2) Before selection or appointment as an allocator, a person shall disclose all conflicts of interest, including whether the allocator is or has been a relative, attorney, agent, employee, creditor, or contractor of, or in any manner is or has been interested financially or personally with, any person involved in the allocation.
(3) If the participating persons are unable to agree on an allocator within the required 30 days, one or more of the participating persons shall apply for judicial resolution, within 10 days, to the district court in the county where the release occurred or where any potentially liable person under 75-10-715 resides or has a principal place of business or in the district court of the first judicial district. If an application to the district court is not made within 10 days, all persons remain subject to liability as provided in 75-10-715 and the allocation process ends.
(4) Upon selection or appointment of the allocator, the lead person shall advance, if required by the allocator, up to $5,000 toward the allocator's expenses. Any expenses accrued by the allocator for legal or technical expertise must be approved in advance by all the participating persons. The allocator's fees and reasonable expenses must be divided among the participating liable persons, except the orphan share, in proportion to their allocated shares. The orphan share fund established in 75-10-743 is not responsible for any portion of the allocator's fees and expenses.
History: En. Sec. 19, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-751. Appeal of allocator's decision

75-10-751. Appeal of allocator's decision.
(1) A person may appeal the allocator's decision to district court within 30 days of the date of the allocation report. Venue lies in the county where the release occurred or where the liable person resides or has a principal place of business or in the first judicial district.
(2) The allocator's decision must be upheld unless the person appealing the decision demonstrates that the decision was:
(a) made upon unlawful procedure;
(b) affected by other error of law;
(c) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(d) arbitrary and capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion or was fraudulent.
(3) If the appeal is successful, the district court shall allocate the liability of the potentially liable persons using the factors outlined in 75-10-750.
(4) After decision on the appeal, all liable persons shall submit a stipulated agreement as provided in 75-10-750 to the department based on the court order.
History: En. Sec. 21, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-752. Repealed

75-10-752. Repealed.
Sec. 2, Ch. 368, L. 2003.
History: En. Sec. 22, Ch. 415, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-756. Prohibition of covenant not to sue -- exceptions

75-10-756. Prohibition of covenant not to sue -- exceptions.
(1) Except as provided in subsections (2) and (3), a person may not include a covenant not to sue in a contract with a property owner for remedial action of a listed site.
(2) A contract between a property owner and a person conducting a remedial action on a listed site may, by mutual agreement, include a covenant not to sue if the person conducting the remedial action has:
(a) provided the property owner with a copy of a plan approved by the department or the United States environmental protection agency describing all of the remedial actions that will occur on the property owner's land; and
(b) held a public meeting in the county where the listed site is located to collect public comment on the remedial action plan.
(3) This section does not apply to contracts or access agreements in which remuneration of at least $1,000 is a part of the contract or access agreement.
(4) As used in this section, the following definitions apply:
(a) "Department" means the department of environmental quality provided for in 2-15-3501.
(b) "Listed site" means one or more tracts of land, buildings, structures, or other facilities containing a hazardous or deleterious substance that have been listed by the department pursuant to this part or placed on the national priorities list pursuant to 42 U.S.C. 9601, et seq.
History: En. Sec. 1, Ch. 368, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-757. Civil penalty

75-10-757. Civil penalty.
(1) A district court may assess a civil penalty of not more than $1,000 per day upon a person that violates the provisions of 75-10-756.
(2) An action under this section is not a bar to enforcement by injunction or other appropriate civil remedy.
(3) The penalty provided for in subsection (1) is recoverable in an action brought by the property owner. The action must be filed in the district court of the county in which the violation occurred.
History: En. Sec. 2, Ch. 368, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 8. Integrated Waste Management › 75-10-802. Definitions

75-10-802. Definitions.
As used in this part, the following definitions apply:
(1) "Composting" means the controlled biological decomposition of organic matter into humus.
(2) "Department" means the department of environmental quality provided for in 2-15-3501.
(3) "Integrated waste management" means the coordinated use of a priority of waste management methods, as specified in 75-10-804.
(4) "Postconsumer material" means only those paper products generated by a consumer that have served their intended end uses and have been separated or diverted from the solid waste stream.
(5) "Recycling" means all activities involving the collection of recyclable material, including but not limited to glass, paper, or plastic; the processing of recyclables to prepare them for resale; the marketing of recovered material for use in the manufacture of similar or different products; and the purchase of products containing recycled material.
(6) "Reuse" means using a product in its original form for a purpose that is similar to or different from the purpose for which it was originally designed.
(7) "Source reduction" means the design, manufacture, purchase, or use of a material or product, including packaging, to reduce its amount or toxicity before it enters the solid waste stream.
(8) "Special waste" means solid waste that has unique handling, transportation, or disposal requirements to ensure protection of the public health, safety, and welfare and the environment.
(9) "Waste reduction" means practices that decrease the weight, volume, or toxicity of material entering the solid waste management stream.
History: En. Sec. 2, Ch. 222, L. 1991; amd. Sec. 204, Ch. 418, L. 1995; amd. Sec. 1, Ch. 62, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 8. Integrated Waste Management › 75-10-803. Solid waste reduction goal and targets

75-10-803. Solid waste reduction goal and targets.
(1) It is the goal of the state to reduce, through source reduction, reuse, recycling, and composting, the amount of solid waste that is generated by households, businesses, and governments and that is either disposed of in landfills or burned in an incinerator, as defined in 75-2-103.
(2) Targets for the rate of recycling and composting are:
(a) 17% of the state's solid waste referenced in subsection (1) by 2008;
(b) 19% of the state's solid waste referenced in subsection (1) by 2011; and
(c) 22% of the state's solid waste referenced in subsection (1) by 2015.
History: En. Sec. 3, Ch. 222, L. 1991; amd. Sec. 2, Ch. 62, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 8. Integrated Waste Management › 75-10-804. Integrated waste management priorities

75-10-804. Integrated waste management priorities.
It is the policy of the state to plan for and implement an integrated approach to solid waste management, which must be based upon the following order of priority:
(1) source reduction;
(2) reuse;
(3) recycling;
(4) composting; and
(5) landfill disposal or incineration.
History: En. Sec. 4, Ch. 222, L. 1991; amd. Sec. 3, Ch. 62, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 8. Integrated Waste Management › 75-10-805. State government waste reduction and recycling program

75-10-805. State government waste reduction and recycling program.
(1) In order to progress toward achieving the waste reduction targets identified in 75-10-803, each state agency, the legislature, and the university system shall:
(a) prepare a waste reduction and recycling plan to reduce the solid waste generated by state government. This plan must be submitted to the department and must include, at a minimum, provisions for the composting of yard wastes and the recycling of office and computer paper, cardboard, used motor oil, used oil filters, and other materials produced by the state for which recycling markets exist or may be developed.
(b) establish and implement a waste reduction and recycling program; and
(c) apply computer technology to reduce the generation of waste paper through:
(i) the use of digital access systems;
(ii) the transfer of information in electronic rather than paper form; and
(iii) other applications of computer technology.
(2) The plan must be evaluated every 5 years and updated as necessary.
History: En. Sec. 5, Ch. 222, L. 1991; amd. Sec. 4, Ch. 440, L. 1997; amd. Sec. 4, Ch. 62, L. 2005; amd. Sec. 29, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 8. Integrated Waste Management › 75-10-806. State government procurement of recycled supplies and materials

75-10-806. State government procurement of recycled supplies and materials.
(1) The department of administration shall write purchasing specifications that incorporate requirements for the purchase of materials and supplies made from recycled materials if the use is technologically practical and reasonably cost-effective. These requirements must be incorporated into the purchase of:
(a) paper and paper products;
(b) plastic and plastic products;
(c) glass and glass products;
(d) automobile and truck tires;
(e) motor oil and lubricants; and
(f) other materials and supplies as determined by the department of administration.
(2) It is the goal of the state that 95% of the paper and paper products used by state agencies, universities, and the legislature must be made from recycled material that maximizes postconsumer material content.
(3) The state shall, to the maximum extent possible, purchase for use by state agencies paper and paper products that contain postconsumer material rather than new material.
(4) To the extent practical, guidelines for the recycled material content of paper should be consistent with nationwide standards for recycled paper.
(5) The department and the department of administration shall establish a joint recycling market development task force. Task force membership must include but is not limited to representatives of the recycling industry, wholesalers, state agencies, and citizen and environmental organizations, as well as other interested persons. The task force shall:
(a) assist the department of administration in developing purchasing specifications as required in subsection (1);
(b) develop additional mechanisms for state government to develop markets for recycled materials;
(c) identify procurement barriers that discriminate against the purchase of supplies and products that contain recycled material; and
(d) develop recommendations for an informational program designed to educate state employees on how to reduce waste and recycle in the workplace.
History: En. Sec. 6, Ch. 222, L. 1991; amd. Sec. 271, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 8. Integrated Waste Management › 75-10-807. Requirement to prepare and implement state solid waste management and resource recovery plan

75-10-807. Requirement to prepare and implement state solid waste management and resource recovery plan.
(1) As a basis for developing an integrated waste management program and ensuring adequate disposal capacity, the department shall prepare, adopt, and implement a state solid waste management and resource recovery plan in accordance with 75-10-111 and this part.
(2) The plan must be comprehensive and integrated and must include at least the following elements:
(a) a capacity assurance element that identifies existing disposal capacity, estimates waste generation rates, and determines the disposal capacity needed for the future and that assesses the potential effect of interstate disposal on capacity;
(b) an element that incorporates federal regulations 40 CFR, parts 257 and 258;
(c) an element that identifies the role of each of the components of the integrated waste management priorities contained in 75-10-804;
(d) a technology assessment element that assesses the availability and practicality of alternative technologies for solid waste management;
(e) an education and public information element that identifies existing education and information programs and describes how the state will increase the awareness and cooperation of the public in environmentally safe solid waste management;
(f) a special waste and household hazardous waste element that identifies types and quantities of wastes that create special disposal problems and recommends methods for reducing, handling, collecting, transporting, and disposing of those wastes and that identifies existing and future strategies for managing those wastes;
(g) an element that identifies the needs of rural communities and management strategies to address those needs;
(h) an element that identifies mechanisms to ensure proper training of landfill operators; and
(i) a timeline and implementation strategy for each of the plan elements.
(3) The plan must be evaluated every 5 years and updated as necessary.
History: En. Sec. 7, Ch. 222, L. 1991; amd. Sec. 5, Ch. 62, L. 2005; amd. Sec. 4, Ch. 54, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-901. Repealed

75-10-901. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 1, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-902. Repealed

75-10-902. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 2, Ch. 468, L. 1991; amd. Sec. 17, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-903. Repealed

75-10-903. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 3, Ch. 468, L. 1991; amd. Sec. 1, Ch. 338, L. 1993; amd. Sec. 205, Ch. 418, L. 1995; amd. Secs. 530, 568, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-906. Repealed

75-10-906. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 4, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-907. Repealed

75-10-907. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 5, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-908. Repealed

75-10-908. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 6, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-909. Repealed

75-10-909. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 7, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-910. Repealed

75-10-910. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 8, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-913. Repealed

75-10-913. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 9, Ch. 468, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 206, Ch. 418, L. 1995; amd. Sec. 206, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-914. Repealed

75-10-914. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 10, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-916. Repealed

75-10-916. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 11, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-917. Repealed

75-10-917. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 12, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-918. Repealed

75-10-918. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 13, Ch. 468, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 207, Ch. 418, L. 1995; amd. Sec. 207, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-919. Repealed

75-10-919. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 14, Ch. 468, L. 1991; amd. Sec. 70, Ch. 18, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-920. Repealed

75-10-920. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 15, Ch. 468, L. 1991; amd. Sec. 5, Ch. 54, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-921. Repealed

75-10-921. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 16, Ch. 468, L. 1991; amd. Sec. 2, Ch. 338, L. 1993; amd. Sec. 531, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-922. Repealed

75-10-922. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 17, Ch. 468, L. 1991; amd. Sec. 6, Ch. 299, L. 2001; amd. Sec. 7, Ch. 337, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-923. Repealed

75-10-923. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 18, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-924. Repealed

75-10-924. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 19, Ch. 468, L. 1991; amd. Sec. 3, Ch. 487, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-925. Repealed

75-10-925. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 20, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-926. Repealed

75-10-926. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 21, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-927. Repealed

75-10-927. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 22, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-928. Repealed

75-10-928. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 23, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-929. Repealed

75-10-929. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 24, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-930. Repealed

75-10-930. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 25, Ch. 468, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 9. Megalandfill Siting Act (Repealed) › 75-10-933. Repealed

75-10-933. Repealed.
Sec. 2, Ch. 366, L. 2009.
History: En. Sec. 26, Ch. 468, L. 1991.