reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-114. Duty to provide information to trust director or trustee

72-40-114. Duty to provide information to trust director or trustee.
(1) Subject to 72-40-115, a trustee shall provide information to a trust director to the extent the information is reasonably related both to:
(a) the powers or duties of the trustee; and
(b) the powers or duties of the director.
(2) Subject to 72-40-115, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related both to:
(a) the powers or duties of the director; and
(b) the powers or duties of the trustee or other director.
(3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.
(4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.
History: En. Sec. 10, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-115. No duty to monitor, inform, or advise

72-40-115. No duty to monitor, inform, or advise.
(1) Unless the terms of a trust provide otherwise:
(a) a trustee does not have a duty to:
(i) monitor a trust director; or
(ii) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and
(b) by taking an action described in subsection (1)(a), a trustee does not assume the duty excluded by subsection (1)(a).
(2) Unless the terms of a trust provide otherwise:
(a) a trust director does not have a duty to:
(i) monitor a trustee or another trust director; or
(ii) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and
(b) by taking an action described in subsection (2)(a), a trust director does not assume the duty excluded by subsection (2)(a).
History: En. Sec. 11, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-116. Application to cotrustee

72-40-116. Application to cotrustee.
The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under 72-40-113 through 72-40-115.
History: En. Sec. 12, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-117. Limitation of action against trust director

72-40-117. Limitation of action against trust director.
(1) An action against a trust director for breach of trust must be commenced within the same limitation period as under 72-38-1005 for an action for breach of trust against a trustee in a like position and under similar circumstances.
(2) A report or accounting has the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under 72-38-1005 in an action for breach of trust against a trustee in a like position and under similar circumstances.
History: En. Sec. 13, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-118. Defenses in action against trust director

72-40-118. Defenses in action against trust director.
In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.
History: En. Sec. 14, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-119. Jurisdiction over trust director

72-40-119. Jurisdiction over trust director.
(1) By accepting appointment as a trust director of a trust subject to this part, the director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of the director.
(2) This section does not preclude other methods of obtaining jurisdiction over a trust director.
History: En. Sec. 15, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-120. Office of trust director

72-40-120. Office of trust director.
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
(1) acceptance under 72-38-701;
(2) giving of bond to secure performance under 72-38-702;
(3) reasonable compensation under 72-38-708;
(4) resignation under 72-38-705;
(5) removal under 72-38-706; and
(6) vacancy and appointment of successor under 72-38-704.
History: En. Sec. 16, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-121. Uniformity of application and construction

72-40-121. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: En. Sec. 17, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 72. Estates, Trusts, and Fiduciary Relationships › Chapter 40. Uniform Directed Trust Act › Part 1. General Provisions › 72-40-122. Relation to electronic signatures in global and national commerce act

72-40-122. Relation to electronic signatures in global and national commerce act.
This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
History: En. Sec. 18, Ch. 325, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-101. Short title

75-1-101. Short title.
Parts 1 through 3 may be cited as the "Montana Environmental Policy Act".
History: En. Sec. 1, Ch. 238, L. 1971; R.C.M. 1947, 69-6501.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-102. Intent -- purpose

75-1-102. Intent -- 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 Environmental Policy Act. The Montana Environmental Policy Act is procedural, and it is the legislature's intent that the requirements of parts 1 through 3 of this chapter provide for the adequate review of state actions in order to ensure that:
(a) environmental attributes are fully considered by the legislature in enacting laws to fulfill constitutional obligations; and
(b) the public is informed of the anticipated impacts in Montana of potential state actions.
(2) The purpose of parts 1 through 3 of this chapter is to declare a state policy that will encourage productive and enjoyable harmony between humans and their environment, to protect the right to use and enjoy private property free of undue government regulation, to promote efforts that will prevent, mitigate, or eliminate damage to the environment and biosphere and stimulate the health and welfare of humans, to enrich the understanding of the ecological systems and natural resources important to the state, and to establish an environmental quality council.
(3) (a) The purpose of requiring an environmental assessment and an environmental impact statement under part 2 of this chapter is to assist the legislature in determining whether laws are adequate to address impacts to Montana's environment and to inform the public and public officials of potential impacts resulting from decisions made by state agencies.
(b) Except to the extent that an applicant agrees to the incorporation of measures in a permit pursuant to 75-1-201(4)(b), it is not the purpose of parts 1 through 3 of this chapter to provide for regulatory authority, beyond authority explicitly provided for in existing statute, to a state agency.
History: En. Sec. 2, Ch. 238, L. 1971; R.C.M. 1947, 69-6502; amd. Sec. 1, Ch. 352, L. 1995; amd. Sec. 5, Ch. 361, L. 2003; amd. Sec. 1, Ch. 396, L. 2011; amd. Sec. 35, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-104. Specific statutory obligations unimpaired

75-1-104. Specific statutory obligations unimpaired.
Sections 75-1-103 and 75-1-201 do not affect the specific statutory obligations of any agency of the state to:
(1) comply with criteria or standards of environmental quality;
(2) coordinate or consult with any local government, other state agency, or federal agency; or
(3) act or refrain from acting contingent upon the recommendations or certification of any other state or federal agency.
History: En. Sec. 6, Ch. 238, L. 1971; R.C.M. 1947, 69-6506; amd. Sec. 1, Ch. 131, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-105. Policies and goals supplementary

75-1-105. Policies and goals supplementary.
The policies and goals set forth in parts 1 through 3 are supplementary to those set forth in existing authorizations of all boards, commissions, and agencies of the state.
History: En. Sec. 7, Ch. 238, L. 1971; R.C.M. 1947, 69-6507.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-106. Private property protection -- ongoing programs of state government

75-1-106. Private property protection -- ongoing programs of state government.
Nothing in 75-1-102, 75-1-103, or 75-1-201 expands or diminishes private property protection afforded in the U.S. or Montana constitutions. Nothing in 75-1-102, 75-1-103, or 75-1-201 may be construed to preclude ongoing programs of state government pending the completion of any statements that may be required by 75-1-102, 75-1-103, or 75-1-201.
History: En. Sec. 4, Ch. 352, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-107. Determination of constitutionality

75-1-107. Determination of constitutionality.
In any action filed in district court invoking the court's original jurisdiction to challenge the constitutionality of a licensing or permitting decision made pursuant to Title 75 or Title 82 or activities taken pursuant to a license or permit issued under Title 75 or Title 82, the plaintiff shall first establish the unconstitutionality of the underlying statute.
History: En. Sec. 2, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-108. Venue

75-1-108. Venue.
A proceeding to challenge an action taken pursuant to parts 1 through 3, 10, and 11 must be brought in the county in which the activity that is the subject of the action is proposed to occur or will occur. If an activity is proposed to occur or will occur in more than one county, the proceeding may be brought in any of the counties in which the activity is proposed to occur or will occur.
History: En. Sec. 37, Ch. 361, L. 2003; amd. Sec. 26, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 1. General Provisions › 75-1-110. Environmental rehabilitation and response account

75-1-110. Environmental rehabilitation and response account.
(1) There is an environmental rehabilitation and response account in the state special revenue fund provided for in 17-2-102.
(2) There must be deposited in the account:
(a) fine and penalty money received pursuant to 75-10-1223, 82-4-311, and 82-4-424 and other funds or contributions designated for deposit to the account;
(b) reimbursements received pursuant to 75-10-1403;
(c) unclaimed or excess reclamation bond money received pursuant to 82-4-241, 82-4-311, and 82-4-424; and
(d) interest earned on the account.
(3) Money in the account is available to the department of environmental quality by appropriation and must be used to pay for:
(a) reclamation and revegetation of land affected by mining activities, research pertaining to the reclamation and revegetation of land, and the rehabilitation of water affected by mining activities;
(b) reclamation and revegetation of unreclaimed mine lands for which the department may not require reclamation by, or obtain costs of reclamation from, a legally responsible party;
(c) remediation of sites containing hazardous wastes as defined in 75-10-403, hazardous or deleterious substances as defined in 75-10-701, or solid waste as defined in 75-10-203; or
(d) response to an imminent threat of substantial harm to the environment, to public health, or to public safety for which no funding or insufficient funding is available pursuant to 75-1-1101.
(4) Any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account until spent or appropriated by the legislature.
History: En. Sec. 1, Ch. 338, L. 2001; amd. Sec. 98, Ch. 2, L. 2009; amd. Sec. 1, Ch. 107, L. 2009; amd. Sec. 8, Ch. 200, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 2. Environmental Impact Statements › 75-1-202. Agency rules to prescribe fees

75-1-202. Agency rules to prescribe fees.
Each agency of state government charged with the responsibility of issuing a lease, permit, contract, license, or certificate under any provision of state law may adopt rules prescribing fees that must be paid by a person, corporation, partnership, firm, association, or other private entity when an application for a lease, permit, contract, license, or certificate will require an agency to compile an environmental impact statement as prescribed by 75-1-201 and the agency has not made the finding under 75-1-205(1)(a). An agency shall determine whether it will be necessary to compile an environmental impact statement and assess a fee as prescribed by this section within any statutory timeframe for issuance of the lease, permit, contract, license, or certificate or, if no statutory timeframe is provided, within 90 days. Except as provided in 85-2-124, the fee assessed under this section may be used only to gather data and information necessary to compile an environmental impact statement as defined in parts 1 through 3. A fee may not be assessed if an agency intends only to file a negative declaration stating that the proposed project will not have a significant impact on the human environment.
History: En. 69-6518 by Sec. 1, Ch. 329, L. 1975; R.C.M. 1947, 69-6518(1); amd. Sec. 1, Ch. 337, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 2. Environmental Impact Statements › 75-1-203. Fee schedule -- maximums

75-1-203. Fee schedule -- maximums.
(1) In prescribing fees to be assessed against applicants for a lease, permit, contract, license, or certificate as specified in 75-1-202, an agency may adopt a fee schedule that may be adjusted depending upon the size and complexity of the proposed project. A fee may not be assessed unless the application for a lease, permit, contract, license, or certificate will result in the agency incurring expenses in excess of $2,501 to compile an environmental impact statement.
(2) The maximum fee that may be imposed by an agency may not exceed 2% of any estimated cost up to $1 million, plus 1% of any estimated cost over $1 million and up to $20 million, plus 1/2 of 1% of any estimated cost over $20 million and up to $100 million, plus 1/4 of 1% of any estimated cost over $100 million and up to $300 million, plus 1/8 of 1% of any estimated cost in excess of $300 million.
(3) If an application consists of two or more facilities, the filing fee must be based on the total estimated cost of the combined facilities. The estimated cost must be determined by the agency and the applicant at the time the application is filed.
(4) Each agency shall review and revise its rules imposing fees as authorized by this part at least every 2 years.
(5) In calculating fees under this section, the agency may not include in the estimated project cost the project sponsor's property or other interests already owned by the project sponsor at the time the application is submitted. Any fee assessed may be based only on the projected cost of acquiring all of the information and data needed for the environmental impact statement.
History: En. 69-6518 by Sec. 1, Ch. 329, L. 1975; R.C.M. 1947, 69-6518(2), (7); amd. Sec. 47, Ch. 112, L. 1991; amd. Sec. 41, Ch. 349, L. 1993; amd. Sec. 1, Ch. 251, L. 2001; amd. Sec. 3, Ch. 396, L. 2011.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 2. Environmental Impact Statements › 75-1-204. Application of administrative procedure act

75-1-204. Application of administrative procedure act.
In adopting rules prescribing fees as authorized by this part, an agency shall comply with the provisions of the Montana Administrative Procedure Act.
History: En. 69-6518 by Sec. 1, Ch. 329, L. 1975; R.C.M. 1947, 69-6518(4).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 2. Environmental Impact Statements › 75-1-206. Multiple applications or combined facility

75-1-206. Multiple applications or combined facility.
In cases where a combined facility proposed by an applicant requires action by more than one agency or multiple applications for the same facility, the governor shall designate a lead agency to collect one fee pursuant to this part, to coordinate the preparation of information required for all environmental impact statements which may be required, and to allocate and disburse the necessary funds to the other agencies which require funds for the completion of the necessary work.
History: En. 69-6518 by Sec. 1, Ch. 329, L. 1975; R.C.M. 1947, 69-6518(6).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 2. Environmental Impact Statements › 75-1-207. Major facility siting applications excepted

75-1-207. Major facility siting applications excepted.
(1) Except as provided in subsection (2), a fee as prescribed by this part may not be assessed against any person, corporation, partnership, firm, association, or other private entity filing an application for a certificate under the provisions of the Montana Major Facility Siting Act, Title 75, chapter 20.
(2) The department of environmental quality may require payment of costs under 75-1-205(1)(a) by a person who files a petition under 75-20-201(4).
History: En. 69-6518 by Sec. 1, Ch. 329, L. 1975; R.C.M. 1947, 69-6518(3); amd. Sec. 3, Ch. 337, L. 2005; amd. Sec. 37, Ch. 19, L. 2011; amd. Sec. 1, Ch. 409, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-302. Meetings

75-1-302. Meetings.
The council may determine the time and place of its meetings but shall meet at least once each quarter. Each member of the council is entitled to receive compensation and expenses as provided in 5-2-302. Members who are full-time salaried officers or employees of this state may not be compensated for their service as members but shall be reimbursed for their expenses.
History: En. Sec. 10, Ch. 238, L. 1971; amd. Sec. 6, Ch. 103, L. 1977; R.C.M. 1947, 69-6510.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-311. Examination of records of government agencies

75-1-311. Examination of records of government agencies.
The council shall have the authority to investigate, examine, and inspect all records, books, and files of any department, agency, commission, board, or institution of the state of Montana.
History: En. Sec. 15, Ch. 238, L. 1971; R.C.M. 1947, 69-6515.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-312. Hearings -- council subpoena power -- contempt proceedings

75-1-312. Hearings -- council subpoena power -- contempt proceedings.
In the discharge of its duties, the council may hold hearings, administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents, and testimony, and cause depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the district court. In case of disobedience on the part of a person to comply with a subpoena issued on behalf of the council or a committee of the council or of the refusal of a witness to testify on any matters regarding which the witness may be lawfully interrogated, it is the duty of the district court of any county or the judge of the district court, on application of the council, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court on a refusal to testify in the court.
History: En. Sec. 16, Ch. 238, L. 1971; R.C.M. 1947, 69-6516; amd. Sec. 2488, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-313. Consultation with other groups -- utilization of services

75-1-313. Consultation with other groups -- utilization of services.
In exercising its powers, functions, and duties under parts 1 through 3, the council shall:
(1) consult with such representatives of science, industry, agriculture, labor, conservation organizations, educational institutions, local governments, and other groups as it deems advisable; and
(2) utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies and organizations and individuals in order that duplication of effort and expense may be avoided, thus assuring that the council's activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies.
History: En. Sec. 17, Ch. 238, L. 1971; R.C.M. 1947, 69-6517.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-314. Reporting requirements

75-1-314. Reporting requirements.
(1) The departments of environmental quality, agriculture, and natural resources and conservation shall report to the council in accordance with 5-11-210 the following natural resource and environmental compliance and enforcement information:
(a) the activities and efforts taking place to promote compliance assistance and education;
(b) the size and description of the regulated community and the estimated proportion of that community that is in compliance;
(c) the number, description, method of discovery, and significance of noncompliances, including those noncompliances that are pending; and
(d) a description of how the department has addressed the noncompliances identified in subsection (1)(c) and a list of the noncompliances left unresolved.
(2) When practical, reporting required in subsection (1) should include quantitative trend information.
History: En. Sec. 1, Ch. 38, L. 1997; amd. Sec. 98, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-321. Repealed

75-1-321. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 11, Ch. 238, L. 1971; R.C.M. 1947, 69-6511.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-322. Repealed

75-1-322. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 13, Ch. 238, L. 1971; R.C.M. 1947, 69-6513.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 3. Environmental Quality Council › 75-1-323. Staff for environmental quality council

75-1-323. Staff for environmental quality council.
The legislative services division shall provide sufficient and appropriate support to the environmental quality council in order that it may carry out its statutory duties, within the limitations of legislative appropriations. The environmental quality council staff is a principal subdivision within the legislative services division. There is within the legislative services division a legislative environmental analyst. The legislative environmental analyst is the primary staff person for the environmental quality council and shall supervise staff assigned to the environmental quality council. The environmental quality council shall select the legislative environmental analyst with the concurrence of the legislative council.
History: En. Sec. 12, Ch. 238, L. 1971; R.C.M. 1947, 69-6512; amd. Sec. 68, Ch. 545, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 10. Penalties, Fees, and Interest › 75-1-1001. Penalty factors

75-1-1001. Penalty factors.
(1) In determining the amount of an administrative or civil penalty to which subsection (4) applies, the department of environmental quality or the district court, as appropriate, shall take into account the following factors:
(a) the nature, extent, and gravity of the violation;
(b) the circumstances of the violation;
(c) the violator's prior history of any violation, which:
(i) must be a violation of a requirement under the authority of the same chapter and part as the violation for which the penalty is being assessed;
(ii) must be documented in an administrative order or a judicial order or judgment issued within 3 years prior to the date of the occurrence of the violation for which the penalty is being assessed; and
(iii) may not, at the time that the penalty is being assessed, be undergoing or subject to administrative appeal or judicial review;
(d) the economic benefit or savings resulting from the violator's action;
(e) the violator's good faith and cooperation;
(f) the amounts voluntarily expended by the violator, beyond what is required by law or order, to address or mitigate the violation or impacts of the violation; and
(g) other matters that justice may require.
(2) After the amount of a penalty is determined under subsection (1), the department of environmental quality or the district court, as appropriate, may consider the violator's financial ability to pay the penalty and may institute a payment schedule or suspend all or a portion of the penalty.
(3) The department of environmental quality may accept a supplemental environmental project as mitigation for a portion of the penalty. For purposes of this section, a "supplemental environmental project" is an environmentally beneficial project that a violator agrees to undertake in settlement of an enforcement action but which the violator is not otherwise legally required to perform.
(4) This section applies to penalties assessed by the department of environmental quality or the district court under Title 75, chapters 2, 5, 6, 8, 11, and 20; Title 75, chapter 10, parts 2, 4, 5, and 12; and Title 76, chapter 4.
(5) The department of environmental quality may adopt rules to implement this section.
History: En. Sec. 1, Ch. 487, L. 2005; amd. Sec. 10, Ch. 320, L. 2017; amd. Sec. 5, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 10. Penalties, Fees, and Interest › 75-1-1002. Collection of penalties, fees, late fees, and interest

75-1-1002. Collection of penalties, fees, late fees, and interest.
(1) If the department of environmental quality is unable to collect penalties, fees, late fees, or interest assessed pursuant to the provisions of Title 75 or Title 76, chapter 4, the department of environmental quality may assign the debt to a collection service or transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.
(2) (a) The reasonable collection costs of a collection service, if approved by the department of environmental quality, or assistance costs charged the department of environmental quality by the department of revenue pursuant to 17-4-103(3) may be added to the debt for which collection is being sought.
(b) (i) All money collected by the department of revenue is subject to the provisions of 17-4-106.
(ii) All money collected by a collection service must be paid to the department of environmental quality and deposited in the general fund or the accounts specified in statute for the assessed penalties, fees, late fees, or interest, except that the collection service may retain those collection costs or, if the total debt is not collected, that portion of collection costs that are approved by the department.
History: En. Sec. 2, Ch. 487, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 11. Environmental Contingency Grant Program › 75-1-1102. Repealed

75-1-1102. Repealed.
Secs. 16(1), 21(2), Ch. 418, L. 1987.
History: En. Sec. 2, HB 922, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 11. Environmental Contingency Grant Program › 75-1-1111. Repealed

75-1-1111. Repealed.
Secs. 16(1), 21(2), Ch. 418, L. 1987.
History: En. Sec. 5, HB 922, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 11. Environmental Contingency Grant Program › 75-1-1112. Repealed

75-1-1112. Repealed.
Secs. 16(1), 21(2), Ch. 418, L. 1987.
History: En. Sec. 6, HB 922, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 12. Voluntary Environmental Audit Act (Terminated) › 75-1-1201. Terminated

75-1-1201. Terminated.
Sec. 10, Ch. 534, L. 1997.
History: En. Sec. 1, Ch. 534, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 12. Voluntary Environmental Audit Act (Terminated) › 75-1-1202. Terminated

75-1-1202. Terminated.
Sec. 10, Ch. 534, L. 1997.
History: En. Sec. 2, Ch. 534, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 12. Voluntary Environmental Audit Act (Terminated) › 75-1-1203. Terminated

75-1-1203. Terminated.
Sec. 10, Ch. 534, L. 1997.
History: En. Sec. 3, Ch. 534, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 12. Voluntary Environmental Audit Act (Terminated) › 75-1-1204. Terminated

75-1-1204. Terminated.
Sec. 10, Ch. 534, L. 1997.
History: En. Sec. 4, Ch. 534, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 12. Voluntary Environmental Audit Act (Terminated) › 75-1-1205. Terminated

75-1-1205. Terminated.
Sec. 10, Ch. 534, L. 1997.
History: En. Sec. 5, Ch. 534, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 1. Environmental Policy and Protection Generally › Part 12. Voluntary Environmental Audit Act (Terminated) › 75-1-1206. Terminated

75-1-1206. Terminated.
Sec. 10, Ch. 534, L. 1997.
History: En. Sec. 6, Ch. 534, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-101. Short title

75-2-101. Short title.
Parts 1 through 4 of this chapter are known and may be cited as the "Clean Air Act of Montana".
History: En. Sec. 1, Ch. 313, L. 1967; R.C.M. 1947, 69-3904; amd. Sec. 264, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-102. Intent -- policy and purpose

75-2-102. Intent -- policy 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 Clean Air Act of Montana. It is the legislature's intent that the requirements of parts 1 through 4 of this chapter provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) It is the public policy of this state and the purpose of this chapter to achieve and maintain levels of air quality that will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state. This policy must be balanced by the legislature with the policy of protecting the ability of the people to pursue life's basic necessities and to acquire property and to use that property in all lawful ways.
(3) Local and regional air pollution control programs must be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.
(4) To these ends it is the purpose of this chapter to:
(a) provide for a coordinated statewide program of air pollution prevention, abatement, and control;
(b) provide for an appropriate distribution of responsibilities among the state and local units of government;
(c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and
(d) provide a framework within which all values may be balanced in the public interest.
History: En. Sec. 2, Ch. 313, L. 1967; R.C.M. 1947, 69-3905; amd. Sec. 7, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-104. Limitations -- personal cause of action unabridged -- venue

75-2-104. Limitations -- personal cause of action unabridged -- venue.
(1) This chapter may not be construed to:
(a) grant to the board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops;
(b) affect the relations between employers and employees with respect to or arising out of any condition of air contamination or air pollution;
(c) supersede or limit the applicability of any law or ordinance relating to sanitation, industrial health, or safety; or
(d) abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of a person to damages or other relief on account of injury to persons or property and to maintain an action or other appropriate proceeding.
(2) A judicial challenge to a permit issued pursuant to this chapter by a party other than the permit applicant or permitholder must include the party to whom the permit was issued unless otherwise agreed to by the permit applicant or permitholder. All judicial challenges of permits for projects with a project cost, as determined by the court, of more than $1 million must have precedence over any civil cause of a different nature pending in that court. If the court determines that the challenge was without merit or was for an improper purpose, such as to harass, to cause unnecessary delay, or to impose needless or increased cost in litigation, the court may award attorney fees and costs incurred in defending the action.
(3) An action to challenge a permit decision pursuant to this chapter must be brought in the county in which the permitted activity will occur. If an activity will occur in more than one county, the action may be brought in any of the counties in which the activity will occur.
(4) A judicial action or proceeding pursuant to this chapter for an equine slaughter or processing facility must comply with 81-9-240 and 81-9-241.
History: (1) thru (3)En. Sec. 19, Ch. 313, L. 1967; Sec. 69-3922, R.C.M. 1947; (4)En. Sec. 18, Ch. 313, L. 1967; amd. Sec. 24, Ch. 349, L. 1974; Sec. 69-3921, R.C.M. 1947; R.C.M. 1947, 69-3921(4), 69-3922; amd. Sec. 8, Ch. 361, L. 2003; amd. Sec. 5, Ch. 337, L. 2005; amd. Sec. 4, Ch. 416, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-105. Confidentiality of records

75-2-105. Confidentiality of records.
(1) Records or other information concerning air pollutant sources that are furnished to or obtained by the department are a matter of public record and open to public use. However, any information unique to the owner or operator of an air pollutant source that would, if disclosed, reveal methods or processes entitled to protection as trade secrets must be maintained as confidential if so determined by a court of competent jurisdiction. The owner or operator shall file a declaratory judgment action to establish the existence of a trade secret if the owner or operator wishes the information to enjoy confidential status. The department must be served in the action and may intervene as a party in the action. A trade secret not intended to be public when submitted to the department must be submitted in writing and clearly marked as confidential. However, emission data and operating permits issued by the department pursuant to 75-2-217 through 75-2-219 may not be considered confidential for the purposes of this section.
(2) This section does not prevent the use of records or information by the department in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere if the analyses or summaries do not identify an owner or operator or reveal information otherwise made confidential by this section.
History: En. Sec. 15, Ch. 313, L. 1967; amd. Sec. 22, Ch. 349, L. 1974; amd. Sec. 1, Ch. 248, L. 1975; R.C.M. 1947, 69-3918; amd. Sec. 2, Ch. 502, L. 1993; amd. Sec. 6, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-106. Small business compliance assistance advisory council -- duties -- secretary -- meetings

75-2-106. Small business compliance assistance advisory council -- duties -- secretary -- meetings.
(1) The small business compliance assistance advisory council, established in 2-15-2110, shall:
(a) render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program administered by the department;
(b) make periodic reports to the appropriate federal agency concerning the compliance of the small business stationary source technical and environmental compliance assistance program with the requirements of the federal Clean Air Act, 42 U.S.C. 7401, et seq.;
(c) review information for small business stationary sources to ensure that the information is understandable by the lay person and recommend changes to make the information understandable;
(d) consult with the small business stationary source representative provided for in 75-2-109 regarding problems faced by small business stationary sources concerning the implementation and application of the requirements of this chapter; and
(e) perform other duties necessary to meet the requirements of the federal Clean Air Act.
(2) The council shall elect a presiding officer from among its membership.
(3) The secretary of the council must be an employee of the department assigned to the small business stationary source technical and environmental compliance assistance program. The secretary shall keep all records of meetings and actions taken by the council and is responsible for the development and dissemination of any reports and advisory opinions of the council.
(4) The council shall hold at least one regular meeting each calendar year and keep a summary record of its proceedings that is open to the public for inspection. Special meetings may be called by the presiding officer or a majority of the council members. The secretary shall provide advance notice of the time and place for meetings to each member of the council.
History: En. Sec. 15, Ch. 502, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-107. Small business stationary source technical and environmental compliance assistance program -- duties

75-2-107. Small business stationary source technical and environmental compliance assistance program -- duties.
(1) The department shall establish a small business stationary source technical and environmental compliance assistance program.
(2) The program shall:
(a) provide information to small business stationary sources on compliance methods and technologies, pollution prevention, and accidental release detection and prevention;
(b) assist small business stationary sources in determining applicable requirements under this chapter and in receiving permits in a timely and efficient manner;
(c) provide small business stationary sources timely notice of their rights and obligations under this chapter;
(d) provide information to small business stationary sources regarding the availability of audit services that are useful for determining compliance status with the requirements of this chapter; and
(e) perform other duties as may be necessary to meet the requirements of the federal Clean Air Act, 42 U.S.C. 7401, et seq.
History: En. Sec. 16, Ch. 502, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-108. Small business stationary sources -- exceptions -- waivers

75-2-108. Small business stationary sources -- exceptions -- waivers.
(1) Upon petition, the department may designate a source to be a small business stationary source for purposes of receiving assistance from the small business stationary source technical and environmental compliance assistance program if the stationary source does not emit more than 100 tons per year of all air pollutants and:
(a) is a major stationary source as defined in Subchapter V of the federal Clean Air Act, 42 U.S.C. 7661, et seq.;
(b) emits 50 tons or more per year of an air pollutant; or
(c) emits more than 75 tons per year of all air pollutants.
(2) After notice and an opportunity for public comment, the department may grant a petition submitted under subsection (1) upon finding that the source of air pollutants does not have sufficient technical and financial capabilities to meet the requirements of this chapter without the assistance of the small business stationary source technical and environmental compliance assistance program.
(3) After notice and opportunity for public comment, the department may exclude from the definition of small business stationary source in 75-2-103 a category or subcategory of sources that the department determines to have sufficient technical and financial capabilities to meet the requirements of this chapter without the assistance of the small business stationary source technical and environmental compliance assistance program. The department may make this determination only after consulting with the appropriate federal agencies under Subchapter V of the federal Clean Air Act.
History: En. Sec. 17, Ch. 502, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-111. Powers of board

75-2-111. Powers of board.
The board shall, subject to the provisions of 75-2-207:
(1) hold hearings relating to any aspect of or matter in the administration of this chapter at a place designated by the board. The board may compel the attendance of witnesses and the production of evidence at hearings. The board shall designate an attorney to assist in conducting hearings and shall appoint a reporter who must be present at all hearings and take full stenographic notes of all proceedings, transcripts of which will be available to the public at cost.
(2) issue orders necessary to effectuate the purposes of this chapter;
(3) have the power to issue orders under and in accordance with 42 U.S.C. 7419.
History: En. Sec. 6, Ch. 313, L. 1967; amd. Sec. 17, Ch. 349, L. 1974; R.C.M. 1947, 69-3909(1) thru (4); amd. Sec. 1, Ch. 560, L. 1979; amd. Sec. 1, Ch. 652, L. 1991; amd. Sec. 7, Ch. 471, L. 1995; amd. Sec. 1, Ch. 231, L. 2003; amd. Sec. 1, Ch. 256, L. 2007; amd. Sec. 100, Ch. 2, L. 2009; amd. Sec. 1, Ch. 94, L. 2011; amd. Sec. 7, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-121. Repealed

75-2-121. Repealed.
Sec. 3, Ch. 417, L. 2013.
History: En. Sec. 5, Ch. 313, L. 1967; amd. Sec. 16, Ch. 349, L. 1974; R.C.M. 1947, 69-3908(4).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-122. Repealed

75-2-122. Repealed.
Sec. 3, Ch. 417, L. 2013.
History: En. Sec. 5, Ch. 313, L. 1967; amd. Sec. 16, Ch. 349, L. 1974; R.C.M. 1947, 69-3908(1), (3); amd. Sec. 2489, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 2. Air Quality › Part 1. General Provisions and Administration › 75-2-123. Repealed

75-2-123. Repealed.
Sec. 3, Ch. 417, L. 2013.
History: En. Sec. 5, Ch. 313, L. 1967; amd. Sec. 16, Ch. 349, L. 1974; R.C.M. 1947, 69-3908(2); amd. Sec. 2490, Ch. 56, L. 2009.