reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1508. Wholesaler collection sites

75-10-1508. Wholesaler collection sites.
(1) A wholesaler with a physical location in Montana shall act as a collection location for out-of-service mercury-added thermostats.
(2) A wholesaler that distributes thermostats by mail to buyers in the state shall include with the sale of the thermostat a website address and a toll-free telephone number with instructions on obtaining a prepaid mail-in label that a consumer may use to send an out-of-service mercury-added thermostat to a collection location.
(3) A wholesaler shall distribute to its customers the educational and outreach materials developed by a manufacturer pursuant to 75-10-1505.
History: En. Sec. 8, Ch. 296, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 15. Mercury-Added Thermostat Collection › 75-10-1509. Rulemaking authority

75-10-1509. Rulemaking authority.
The department shall adopt rules to implement the provisions of this part.
History: En. Sec. 9, Ch. 296, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 16. Libby Asbestos Cleanup Operation › 75-10-1601. Libby asbestos superfund oversight committee -- duties

75-10-1601. Libby asbestos superfund oversight committee -- duties.
(1) There is a Libby asbestos superfund oversight committee. The oversight committee is attached to the department of environmental quality for administrative purposes only, as prescribed in 2-15-121.
(2) The oversight committee consists of:
(a) the director of the department of environmental quality or the director's designated representative;
(b) a Lincoln County commissioner designated by the commission;
(c) a citizen of Lincoln County nominated by the Lincoln County commission and selected by the governor;
(d) one member of the house of representatives whose district includes at least a portion of Lincoln County appointed by the speaker of the house; and
(e) one member of the senate whose district includes at least a portion of Lincoln County appointed by the senate president.
(3) The oversight committee shall select a presiding officer.
(4) The oversight committee shall meet at least quarterly to fulfill the requirements of this section.
(5) Duties of the oversight committee include:
(a) monitoring activities related to the Libby asbestos superfund site;
(b) assisting in the implementation of final cleanup and long-term operation and maintenance plans for the Libby asbestos superfund site;
(c) reviewing documents and providing comments and recommendations to the department of environmental quality and to local governments and appropriate federal agencies regarding the Libby asbestos superfund site;
(d) assisting in the preparation and dissemination of reports and other information as necessary;
(e) providing recommendations to the department of environmental quality regarding the administration of:
(i) the Libby asbestos cleanup trust fund provided for in 75-10-1603; and
(ii) the Libby asbestos cleanup operation and maintenance account provided for in 75-10-1604;
(f) initiating and striving to maintain negotiations with the department of environmental quality, the environmental protection agency, and any other entity with a goal of reducing the state and federal roles in the long-term operation and maintenance work at the Libby asbestos superfund site while increasing the role of Lincoln County in expending funds and managing and implementing operation and maintenance activities; and
(g) submitting a report to the environmental quality council annually in accordance with 5-11-210.
(6) Unless otherwise provided by law, each member is entitled to be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred while performing oversight committee duties.
History: En. Sec. 1, Ch. 317, L. 2017; amd. Sec. 1, Ch. 76, L. 2019; amd. Sec. 103, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 16. Libby Asbestos Cleanup Operation › 75-10-1602. Repealed

75-10-1602. Repealed.
Sec. 3, Ch. 76, L. 2019.
History: En. Sec. 2, Ch. 317, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 16. Libby Asbestos Cleanup Operation › 75-10-1603. Libby asbestos cleanup trust fund

75-10-1603. Libby asbestos cleanup trust fund.
(1) There is established a fund of the permanent fund type to pay exclusively for the cost to the state of cleanup and long-term operation and maintenance at the Libby asbestos superfund site.
(2) The fund is financed with:
(a) 20% of the funds allocated for the cleanup and long-term operation and maintenance costs pursuant to 75-10-704;
(b) any funds remaining at the end of each fiscal year in the Libby asbestos cleanup operation and maintenance account provided for in 75-10-1604; and
(c) other sources of funding that the legislature or congress may from time to time provide.
(3) The fund must be invested by the board of investments pursuant to Title 17, chapter 6, part 2, and the earnings from the investment must be credited to the principal of the fund until the year 2028.
(4) The annual earnings on the fund for the year 2029 and for each succeeding year may be appropriated for the purposes of subsection (1).
(5) The principal of the fund must remain inviolate unless appropriated by a vote of two-thirds of the members of each house of the legislature. An appropriation of the principal may be made only for payment of the costs of cleanup and long-term operation and maintenance costs.
History: En. Sec. 3, Ch. 317, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 16. Libby Asbestos Cleanup Operation › 75-10-1604. Libby asbestos cleanup operation and maintenance account

75-10-1604. Libby asbestos cleanup operation and maintenance account.
(1) There is a Libby asbestos cleanup operation and maintenance account in the state special revenue fund established in 17-2-102. Subject to appropriation by the legislature, money deposited in the account must be used for:
(a) cleanup and long-term operation and maintenance costs at the Libby asbestos superfund site; and
(b) administrative costs for the Libby asbestos superfund oversight committee, not to exceed 25% of the annual appropriation.
(2) The following funds must be deposited in the account:
(a) 80% of the funds allocated for the cleanup and long-term operation and maintenance costs pursuant to 75-10-704;
(b) money received by the department of environmental quality in the form of grants, gifts, transfers, bequests, and donations, including donations limited in their purpose by the grantor, or appropriations from any source intended to be used for the purposes of this account; and
(c) any interest or income earned on the account.
(3) Any unspent or unencumbered money in the account at the end of a fiscal year must be transferred to the Libby asbestos cleanup trust fund.
History: En. Sec. 4, Ch. 317, L. 2017; amd. Sec. 2, Ch. 76, L. 2019.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-201. Short title

75-11-201. Short title.
This part may be cited as the "Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act".
History: En. Sec. 1, Ch. 594, L. 1989; amd. Sec. 1, Ch. 506, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-202. Intent, findings, and purpose

75-11-202. Intent, findings, and purpose.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) Leaking underground storage tank systems have been identified as a significant source of underground contamination and as a potential hazard for fire and explosion. Government and industry studies show that a major cause of leaking underground storage tanks is improper installation or closure. Proper installation, closure, and inspection require specialized knowledge, training, and experience.
(3) To protect the health of Montana citizens and the quality of state waters and other natural resources, it is the intent of the legislature to require permits for the installation or closure of underground storage tank systems; to limit the conduct of these activities to persons with demonstrated competence, training, and experience; and to provide for permitting, licensing, and inspection activities.
History: En. Sec. 2, Ch. 594, L. 1989; amd. Sec. 1, Ch. 200, L. 1993; amd. Sec. 2, Ch. 506, L. 1999; amd. Sec. 18, Ch. 361, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-204. Rulemaking authority

75-11-204. Rulemaking authority.
(1) The department may adopt rules governing the installation and closure of underground storage tank systems and rules providing for the inspection of underground storage tank systems. Rules may include but are not limited to the following:
(a) the requirements for issuance, denial, renewal, modification, suspension, and revocation of permits for the installation and closure of underground storage tank systems;
(b) the requirements for issuance, denial, renewal, modification, suspension, and revocation of licenses for underground storage tank system installers and inspectors. The license for inspectors must be separate from the license for installers.
(c) the requirements for examination and training of underground storage tank system installers and inspectors;
(d) the requirements for qualifications of inspectors, use of inspectors, and methods for conducting an inspection. The department shall adopt separate qualifications for installers and inspectors.
(e) a schedule of fees for obtaining licenses and license renewals by underground storage tank system installers and inspectors;
(f) a schedule of fees for the review of applications for underground storage tank system permits;
(g) a schedule of fees for inspection of installations or closures; and
(h) the mechanism for remittance of inspection or permitting fees to local governments.
(2) Licensed inspectors employed by a local government unit designated pursuant to 75-11-213 or 75-11-505 and associated rules are exempt from the licensing fees described in this section.
History: En. Sec. 4, Ch. 594, L. 1989; amd. Sec. 3, Ch. 200, L. 1993; amd. Sec. 4, Ch. 506, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-209. Permits -- requirement for licensed installer

75-11-209. Permits -- requirement for licensed installer.
(1) A person may not install or close, or cause to be installed or closed, an underground storage tank system without a permit issued by the department as provided in 75-11-212.
(2) In addition to obtaining a permit, an owner or operator shall obtain the services of a licensed installer for the installation or closure of an underground storage tank system unless the installation or closure is inspected by a department inspector or a designated local inspector as provided in 75-11-213.
History: En. Sec. 5, Ch. 594, L. 1989; amd. Sec. 4, Ch. 200, L. 1993; amd. Sec. 2, Ch. 641, L. 1993; amd. Sec. 2, Ch. 568, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-210. Licensing -- interim licenses -- regular licenses

75-11-210. Licensing -- interim licenses -- regular licenses.
(1) An installer may not install or close an underground storage tank system unless that person has a valid license issued by the department.
(2) The department shall grant an installer a regular license if the installer demonstrates competency and experience in the installation and closure of underground storage tank systems, passes a written examination conducted by the department, and pays the license fee established by department rule.
(3) The department shall conduct written examinations for the purpose of qualifying individuals to receive an underground storage tank system installer license. The department shall determine the times and locations of the examinations and shall provide public notice of the examinations.
(4) An underground storage tank system installer license is valid for a period not to exceed 3 years and is subject to periodic renewal as prescribed by department rule.
(5) As a condition of renewal, the department may require that an installer demonstrate continuing competency in the installation and closure of tank systems.
(6) An installer need not be a Montana resident to qualify for a license.
History: En. Sec. 6, Ch. 594, L. 1989; amd. Sec. 5, Ch. 200, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-211. Denial, modification, suspension, or revocation of installer or inspector license -- grounds

75-11-211. Denial, modification, suspension, or revocation of installer or inspector license -- grounds.
(1) The department may deny, modify, condition, suspend, or revoke a license if the installer or inspector:
(a) fails to achieve a passing grade on a written examination;
(b) fails to pay the license fee imposed under this part;
(c) commits fraud or deceit with respect to the license or permit application or an inspection report submitted to the department;
(d) has had suspended or revoked:
(i) a license issued under this part; or
(ii) a similar license in another state or territory; or
(e) violates any state or federal law, rule, permit, or order relating to the installation or closure of an underground storage tank system.
(2) If the department modifies, conditions, suspends, or revokes a license, it shall inform the applicant or license holder in writing of the reason for the action. The applicant or license holder may request a hearing before the board. If the board grants a hearing, the hearing must be held in accordance with the provisions of the Montana Administrative Procedure Act.
History: En. Sec. 7, Ch. 594, L. 1989; amd. Sec. 6, Ch. 200, L. 1993; amd. Sec. 5, Ch. 506, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-212. Permits -- application procedure -- issuance

75-11-212. Permits -- application procedure -- issuance.
(1) Before the installation or closure of an underground storage tank system, the owner or operator or the owner's or operator's designated licensed underground storage tank installer or remover shall file a permit application with the department on forms provided by the department. The time between the filing of a permit application with the department and the installation or closure may be provided by department rule. The department may provide by rule for emergency permits to apply to emergency conditions pertaining to the installation or closure of underground storage tanks.
(2) The permit application must, at a minimum, require the owner or operator to provide information concerning:
(a) the date of the underground storage tank system installation or closure;
(b) the location of the underground storage tank system installation or closure;
(c) the type of construction of the underground storage tank system;
(d) the contents of the underground storage tank system being closed or the anticipated contents of the tank being installed; and
(e) the name of the licensed installer who will be installing or closing the underground storage tank system or, if the owner or operator is not going to have the underground storage tank system installed or closed by a licensed installer, the estimated date for inspection by the department.
(3) After receipt of a completed application that meets the requirements of this section and any rules adopted under 75-11-204, the department shall issue the permit.
History: En. Sec. 8, Ch. 594, L. 1989; amd. Sec. 7, Ch. 200, L. 1993; amd. Sec. 3, Ch. 641, L. 1993; amd. Sec. 6, Ch. 506, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-213. Inspection of installations and closures -- fee

75-11-213. Inspection of installations and closures -- fee.
(1) After being issued a permit, an owner or operator may obtain an inspection by the department in lieu of obtaining the services of a licensed installer. The owner or operator shall provide timely notice to the department of the date and location of the underground storage tank system installation or closure and shall establish with the department the time when an inspection may be conducted.
(2) An owner or operator may conduct an installation or closure under this section only if an inspector is present.
(3) An inspection fee must be paid by the owner or operator to the department to cover the costs associated with an inspection. The inspection is not considered complete until the owner or operator pays the fee.
(4) Department officials or local government officers, such as local health officers, sanitarians, local fire chiefs, or other persons designated or hired by the department, shall conduct inspections on behalf of the department.
(5) The department shall pay the person conducting an inspection on the department's behalf, as provided in subsection (4), from the underground storage tank system license and permit account established in 75-11-227 up to 80% of any fee collected by the department for the inspection. When an inspection is conducted by an officer of a county or city, the payment must be made by the department to the appropriate county or city treasurer. A county or city shall use payments received under this section only for costs incurred in conducting inspections under this section.
(6) A copy of an installation inspection report must be kept on file by the owner or operator for as long as the department may require by rule. A copy of a closure inspection report must be kept by the owner or operator for 3 years after the date of closure.
(7) The department may enter and inspect the premises or any appurtenant property of an owner or operator at any time to ensure compliance with laws or rules pertaining to underground storage tank systems.
History: En. Sec. 9, Ch. 594, L. 1989; amd. Sec. 8, Ch. 200, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-214. Licensing of inspectors -- interim licenses -- regular licenses

75-11-214. Licensing of inspectors -- interim licenses -- regular licenses.
(1) The department shall grant an inspector license if the inspector demonstrates competency and experience in the inspection of underground storage tank systems, passes a written examination conducted by the department or by an agency or person authorized by the department to give the examination, and pays the license fee.
(2) The department or an agency or person authorized by the department to give the examination shall conduct written examinations for the purpose of qualifying individuals to receive an underground storage tank system inspector license. The department shall provide public notice of the date, time, and location of the examination.
(3) An underground storage tank system inspector license is valid for a period not to exceed 3 years and is subject to periodic renewal as prescribed by department rule.
(4) As a condition of renewal, the department may require that an inspector demonstrate continuing competency in the regulatory requirements applicable to operation and maintenance of underground storage tank systems.
(5) An inspector need not be a Montana resident to qualify for a license.
History: En. Sec. 9, Ch. 506, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-216. Terminated

75-11-216. Terminated.
Sec. 7, Ch. 568, L. 1995.
History: En. Sec. 3, Ch. 568, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-217. Repealed

75-11-217. Repealed.
Sec. 4, Ch. 568, L. 1995.
History: En. Sec. 10, Ch. 594, L. 1989; amd. Sec. 9, Ch. 200, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-218. Administrative enforcement

75-11-218. Administrative enforcement.
(1) When the department believes that a person has violated this part, a rule adopted under this part, or a permit provision, it may serve written notice of the violation on the person or the person's agent. The notice must specify the alleged violation and the facts that constitute the alleged violation. The notice may include an order to provide information pertaining to the installation, closure, or inspection, an order to take necessary corrective action within a reasonable time as stated in the order, or an order assessing an administrative penalty pursuant to 75-11-223. A notice and order must be signed by the director of the department or the director's designee and must be served personally or by certified mail upon the person or the person's agent. The order becomes final unless, within 30 days after the notice is served, the person requests in writing a hearing before the board. On receipt of the request, the board shall schedule a hearing. Service by mail is complete on the date of mailing.
(2) If, pursuant to a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or modify the department's order. An order issued by the department or the board may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after a hearing, the board finds that a violation has not occurred, it shall rescind the department's order.
(3) In addition to or instead of issuing an order pursuant to subsection (1), the department may either:
(a) require the alleged violator to appear before the board for a hearing at a time and place specified in the notice and answer the charges described in the notice of violation; or
(b) initiate action under 75-11-219, 75-11-223, or 75-11-224.
(4) This section does not prevent the board or department from attempting to obtain voluntary compliance through issuance of a warning, a conference, or any other appropriate administrative or judicial means.
(5) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
History: En. Sec. 11, Ch. 594, L. 1989; amd. Sec. 10, Ch. 200, L. 1993; amd. Sec. 7, Ch. 506, L. 1999; amd. Sec. 5, Ch. 443, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-219. Injunctions

75-11-219. Injunctions.
The department may institute and maintain in the name of the state actions for injunctive relief as provided in Title 27, chapter 19, to:
(1) immediately restrain any person from engaging in unauthorized activity that is endangering public health or causing damage to the environment;
(2) enjoin a violation of this part, a rule adopted under this part, or an order of the department or the board; or
(3) require compliance with this part, a rule adopted under this part, or an order of the department or the board.
History: En. Sec. 12, Ch. 594, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-220. Imminent hazard

75-11-220. Imminent hazard.
Upon receipt of evidence that the installation or closure of an underground storage tank system may present an imminent and substantial danger to public health or the environment, the department may commence administrative or judicial proceedings to immediately abate the danger or to restrain, order, or enjoin any person from causing the danger. The department may take other judicial or administrative action as may be necessary.
History: En. Sec. 13, Ch. 594, L. 1989; amd. Sec. 11, Ch. 200, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-223. Civil and administrative penalties

75-11-223. Civil and administrative penalties.
(1) (a) A person who violates a provision of this part, a rule adopted under this part, or an order of the department or the board is subject to an administrative penalty not to exceed $500 for each violation or a civil penalty not to exceed $10,000 for each violation. If an installer or an inspector who is an employee is in violation, the employer of that installer or that inspector is the entity that is subject to the provisions of this section unless the violation is the result of a grossly negligent or willful act. Each day of violation of this part, a rule adopted under this part, or an order constitutes a separate violation.
(b) Penalties assessed under this subsection (1) must be determined in accordance with the penalty factors in 75-1-1001.
(2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. The enforcement or collection action must be brought in the district court of the county in which the violation occurred. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.
(3) Action under this section does not bar:
(a) enforcement of this part, rules adopted under this part, orders of the department or the board, or terms of a license or permit by injunction or other appropriate remedy; or
(b) action under 75-11-224.
History: En. Sec. 14, Ch. 594, L. 1989; amd. Sec. 1, Ch. 433, L. 1991; amd. Sec. 8, Ch. 506, L. 1999; amd. Secs. 6, 11, Ch. 443, L. 2005; amd. Sec. 19, Ch. 487, L. 2005; amd. Sec. 40, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-224. Criminal penalties

75-11-224. Criminal penalties.
(1) Any owner or operator who knowingly installs or closes an underground storage tank system without a permit and either an inspection or the use of the services of a licensed installer as required in 75-11-209; any installer who knowingly installs or closes an underground storage tank system without being licensed; or any person who knowingly makes any false statements or representations in any application, permit, report, licensing form, or other document filed or maintained as required by this part or required by rules adopted under this part is subject to a fine not to exceed $10,000 for each violation or imprisonment not to exceed 6 months, or both. Each day of violation constitutes a separate violation.
(2) A person convicted of a second or subsequent criminal violation is subject to a fine not to exceed $20,000 for each violation or imprisonment not to exceed 1 year, or both. Each day of violation constitutes a separate violation.
(3) Action under this section does not bar enforcement of this part, rules adopted under this part, orders of the department or the board, or terms of a license or permit by injunction or other appropriate remedy.
History: En. Sec. 15, Ch. 594, L. 1989; amd. Sec. 12, Ch. 200, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-225. Compliance with other laws -- limitation on local ordinances

75-11-225. Compliance with other laws -- limitation on local ordinances.
(1) Nothing in this part limits or alters the responsibility of an owner, operator, or installer to comply with all other state laws or rules.
(2) Ordinances adopted by local government units requiring installation or closure permits or licensed installers, or both, may be no less stringent than the requirements of this part.
History: En. Sec. 16, Ch. 594, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-226. Application of other law

75-11-226. Application of other law.
(1) The provisions of this part and rules adopted under this part govern if they conflict with other provisions of Montana law or any action taken by the department under the other provisions of law.
(2) The remedies provided for in this part are cumulative with other remedies provided by law.
History: En. Sec. 17, Ch. 594, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-227. Underground storage tank license and permit account

75-11-227. Underground storage tank license and permit account.
(1) There is an underground storage tank license and permit account within the state special revenue fund established in 17-2-102.
(2) There must be paid into the account:
(a) revenues from permit, license, and inspection fees collected under this part; and
(b) revenues from penalties or damages collected under this part.
(3) Appropriations may be made from the underground storage tank license and permit account only for the administration of the underground storage tank program.
History: En. Sec. 18, Ch. 594, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-231. Terminated

75-11-231. Terminated.
Sec. 6, Ch. 641, L. 1993.
History: En. Sec. 1, Ch. 641, L. 1993.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 2. Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act › 75-11-232. Closure of tanks under section 1, Chapter 641, Laws of 1993

75-11-232. Closure of tanks under section 1, Chapter 641, Laws of 1993.
(1) The department shall indicate in all relevant files that an underground storage tank removed from the ground or closed in-place in accordance with section 1, Chapter 641, Laws of 1993, is determined fully and finally closed by the department.
(2) Underground storage tank systems determined closed under this section are exempt from environmental review by the department unless the department receives substantial evidence of a release that poses a current or potential threat to human health or the environment.
History: En. Sec. 1, Ch. 505, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-301. Intent, findings, and purposes

75-11-301. Intent, findings, and purposes.
(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted this part. It is the legislature's intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
(2) The legislature finds that the use of petroleum products stored in tanks contributes significantly to the economic well-being and quality of life of Montana citizens.
(3) The legislature finds that leaks, spills, and other releases of petroleum products from storage tanks endanger public health and safety, ground water quality, and other state resources.
(4) The legislature finds that current administrative and financial resources of the public and private sectors are inadequate to address problems caused by releases from petroleum storage tanks and need to be supplemented by a major program of release detection and corrective action.
(5) The legislature finds that proper funding for the program is through a petroleum storage tank cleanup fee paid by persons who use and receive the benefits of petroleum products. The legislature further finds that this general use fee, provided for in 75-11-314, is intended solely to support a program to pay for corrective action and damages caused by releases from petroleum storage tanks. The general use fee is collected from distributors for administrative convenience and is not intended as a method for collecting highway revenue pursuant to the provisions of Article VIII, section 6, of the Montana constitution or 15-70-126.
(6) The purposes of this part are to:
(a) protect public health and safety and the environment by providing prompt detection and cleanup of petroleum tank releases;
(b) provide adequate financial resources and effective procedures through which tank owners and operators may undertake and be reimbursed for corrective action and payment to third parties for damages caused by releases from petroleum storage tanks;
(c) assist certain tank owners and operators in meeting financial assurance requirements under state and federal law governing releases from petroleum storage tanks; and
(d) provide tank owners with incentives to improve petroleum storage tank facilities in order to minimize the likelihood of accidental releases.
History: En. Sec. 1, Ch. 528, L. 1989; amd. Sec. 1, Ch. 763, L. 1991; amd. Sec. 1, Ch. 339, L. 1993; amd. Sec. 19, Ch. 361, L. 2003; amd. Sec. 23, Ch. 267, L. 2017.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-308. Eligibility

75-11-308. Eligibility.
(1) An owner or operator is eligible for reimbursement for the applicable percentage as provided in 75-11-307(4)(a) and (4)(b) of eligible costs caused by a release from a petroleum storage tank only if:
(a) the release was discovered on or after April 13, 1989;
(b) the release occurred from:
(i) an underground storage tank, as defined in 75-11-503, that was in compliance with 75-11-509 at the time that the release was discovered;
(ii) a petroleum storage tank, as defined in 75-11-302, that was in compliance with the applicable state and federal laws and rules that the board determines pertain to the prevention and mitigation of a petroleum release from a petroleum storage tank at the time that the release was discovered; or
(iii) an underground storage tank, as defined in 75-11-503, that the board determines was unknown to both the property owner and the department prior to its discovery if the owner applies to the department for a closure permit in accordance with 75-11-212 within 30 days of the date upon which the owner first had knowledge of the tank and closes the tank in accordance with the requirements of the permit before the permit expires; and
(c) the release was an accidental release.
(2) An owner or operator is not eligible for reimbursement from the petroleum tank release cleanup fund for expenses caused by releases from the following petroleum storage tanks:
(a) a tank located at a refinery or a terminal of a refiner;
(b) a tank located at an oil and gas production facility;
(c) a tank that is or was previously under the ownership or control of a railroad, except for a tank that was operated by a lessee of a railroad in the course of nonrailroad operations;
(d) a tank belonging to the federal government;
(e) a tank owned or operated by a person who has been convicted of a substantial violation of state or federal law or rule that relates to the installation, operation, or management of petroleum storage tanks; or
(f) a mobile storage tank used to transport petroleum or petroleum products from one location to another.
History: En. Sec. 4, Ch. 528, L. 1989; amd. Sec. 3, Ch. 389, L. 1991; amd. Sec. 4, Ch. 763, L. 1991; amd. Sec. 4, Ch. 339, L. 1993; amd. Sec. 2, Ch. 420, L. 1999; amd. Sec. 1, Ch. 112, L. 2001; amd. Sec. 2, Ch. 245, L. 2003; amd. Sec. 2, Ch. 356, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-312. Review of corrective action plans and claims

75-11-312. Review of corrective action plans and claims.
(1) To ensure that the fund provided for in 75-11-313 is being used in the most efficient manner, the board shall implement a program of third-party review for corrective action plans and claims. The board may submit a corrective action plan or claim for review by a qualified third party of the board's choosing.
(2) If a third-party review suggests that a corrective action plan is inappropriate for the release, the board may remand the plan to the department for further review.
(3) If a third-party review suggests that submitted costs do not comply with the requirements of 75-11-309(3)(a), the board may deny the costs, subject to 75-11-309(4).
History: En. Sec. 4, Ch. 245, L. 2003; amd. Sec. 4, Ch. 356, L. 2005; amd. Sec. 3, Ch. 754, L. 2023.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-313. Petroleum tank release cleanup fund

75-11-313. Petroleum tank release cleanup fund.
(1) There is a petroleum tank release cleanup fund in the state special revenue fund established in 17-2-102. The fund is administered as a revolving fund by the board and is statutorily appropriated, as provided in 17-7-502, for the purposes provided for under subsections (3)(c) and (3)(d). Administrative costs under subsections (3)(a) and (3)(b) must be paid pursuant to a legislative appropriation.
(2) There is deposited in the fund:
(a) all revenue from the petroleum storage tank cleanup fee as provided in 75-11-314;
(b) money received by the board in the form of gifts, grants, reimbursements, or appropriations, from any source, intended to be used for the purposes of this fund;
(c) money appropriated or advanced to the fund by the legislature;
(d) money loaned to the board by the board of investments; and
(e) all interest earned on money in the fund.
(3) As provided in 75-11-318, the fund may be used only:
(a) to administer this part, including payment of board expenses associated with administration;
(b) to pay the actual and necessary department expenses associated with administration;
(c) to reimburse owners and operators for eligible costs caused by a release from a petroleum storage tank and approved by the board; and
(d) for repayment of any advance and any loan made pursuant to 17-6-225, plus interest earned on the advance or loan.
(4) Whenever the board accepts a loan from the board of investments pursuant to 17-6-225, the receipts from the fees provided for in 75-11-314 in each fiscal year until the loan is repaid are pledged and dedicated for the repayment of the loan in an amount sufficient to meet the repayment obligation for that fiscal year.
History: En. Sec. 6, Ch. 528, L. 1989; amd. Sec. 1, Ch. 543, L. 1993; amd. Sec. 272, Ch. 42, L. 1997; amd. Sec. 3, Ch. 115, L. 1997; amd. Sec. 5, Ch. 245, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-314. Petroleum storage tank cleanup fee -- collection -- penalties -- warrant for distraint -- statute of limitations

75-11-314. Petroleum storage tank cleanup fee -- collection -- penalties -- warrant for distraint -- statute of limitations.
(1) Except as provided in subsection (4), each distributor shall pay to the department of transportation a petroleum storage tank cleanup fee for each gallon of gasoline, aviation gasoline, special fuel, or heating oil distributed by the distributor within the state and upon which the fee has not been paid by any other distributor. The fee must equal:
(a) 0.75 cent for each gallon of gasoline;
(b) 0.75 cent for each gallon of aviation gasoline;
(c) 0.75 cent for each gallon of special fuel; or
(d) 0.75 cent for each gallon of heating oil.
(2) Gasoline, aviation gasoline, special fuel, and heating oil exported or sold for export out of the state must be included in the measure of a distributor's fee.
(3) Ethanol that is blended with gasoline to be sold as ethanol-blended gasoline is subject to the fee provided in subsection (1).
(4) A fee may not be imposed or collected beginning on the first day of the first month in the first calendar quarter after the unobligated balance in the fund equals or exceeds $10 million. Whenever the unobligated fund balance, less claims anticipated for board approval within the next 90 days, is less than $6 million, the department of transportation shall, within 30 days, notify distributors by mail that the fee is reinstated beginning on the first day of the first month that begins no less than 30 days after the date of the notice. Once reinstated, the fee must be imposed and collected until the unobligated fund balance again equals or exceeds $10 million.
(5) The department of transportation shall collect the fee in the same manner as the gasoline tax and special fuel tax under Title 15, chapter 70, part 4. The provisions of 15-70-103, 15-70-111, 15-70-402, 15-70-410, 15-70-411, 15-70-416 through 15-70-418, 15-70-420, 15-70-421, 15-70-425(3), and 15-70-443 apply to the fee. The provisions of 15-70-403, 15-70-412, 15-70-425(1), and 15-70-426 do not apply to the fee.
History: En. Sec. 7, Ch. 528, L. 1989; amd. Sec. 2, Ch. 298, L. 1993; amd. Sec. 4, Ch. 37, L. 1999; amd. Sec. 20, Ch. 100, L. 2007; amd. Sec. 4, Ch. 396, L. 2009; amd. Sec. 39, Ch. 220, L. 2015.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-315. Nonimpairment by state

75-11-315. Nonimpairment by state.
In accordance with the constitutions of the United States and the state of Montana, the state pledges that it may not in any way impair the obligations of any loan agreement between the board and the board of investments by repealing the petroleum storage tank cleanup fee imposed by 75-11-314 or by reducing it below the amount necessary to make annual loan payments.
History: En. Sec. 5, Ch. 115, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-319. Rulemaking authority -- department and department of transportation

75-11-319. Rulemaking authority -- department and department of transportation.
(1) The department may adopt rules necessary to administer its responsibilities under this part, including requirements for approval of corrective action plans.
(2) The department of transportation shall adopt rules governing the collection of the petroleum storage tank cleanup fee. The rules may include, at a minimum, reporting and recordkeeping requirements, method and timing of payment, and examination of records. The rules must be generally consistent with procedures governing the collection of the gasoline tax provided for in Title 15, chapter 70.
History: En. Sec. 10, Ch. 528, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-320. Other authorities unaffected

75-11-320. Other authorities unaffected.
Payment of reimbursement, approval of a corrective action plan, or other action of the department or the board under this part does not affect the authority of the department or any other state agency to pursue an action authorized by Title 75, chapter 10, parts 4 or 7, or any other law or rule that applies to releases from petroleum storage tanks.
History: En. Sec. 11, Ch. 528, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-321. Criminal penalties

75-11-321. Criminal penalties.
A person who knowingly misrepresents the date of discovery of a release, submits or causes to be submitted a fraudulent claim or document, or makes a false statement or representation in seeking or assisting a person to seek reimbursement under this part is subject to a fine not to exceed $10,000 for each violation or imprisonment not to exceed 6 months, or both. A person convicted of a second or subsequent violation of this section is subject to a fine not to exceed $20,000 for each violation or imprisonment not to exceed 1 year, or both.
History: En. Sec. 12, Ch. 528, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 3. Petroleum Storage Tank Cleanup › 75-11-322. Liability -- defense and exclusions

75-11-322. Liability -- defense and exclusions.
(1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under this part if the person can establish by a preponderance of the evidence that:
(a) the person is a government entity that acquired ownership or control through bankruptcy, tax delinquency, abandonment, or lien foreclosure in which the government entity acquired title by virtue of the government entity's authority;
(b) the person has not caused or contributed to the violation; and
(c) the person is making an effort to abate the violation.
(2) For the purposes of this part, "government entity" includes a consolidated city-county, a county, and an incorporated city or town.
History: En. Sec. 4, Ch. 159, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 11. Underground Storage Tanks › Part 4. Montana Petroleum Brownfields Revitalization Act › 75-11-401. Short title

75-11-401. Short title.
This part may be cited as the "Montana Petroleum Brownfields Revitalization Act".
History: En. Sec. 1, Ch. 296, L. 2015.