reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 4. Hazardous Waste Management › 75-10-451. Halogenated solvents -- sale restricted -- proof of registration required -- procedure

75-10-451. Halogenated solvents -- sale restricted -- proof of registration required -- procedure.
(1) It is unlawful for any person to distribute, sell, or offer for sale within the state quantities of 20 gallons or more of halogenated solvent annually to a single purchaser for commercial or government use unless the purchaser possesses proof of registration with the department.
(2) It is unlawful for any person to annually use 20 gallons or more of a halogenated solvent for commercial purposes without registering with the department.
(3) Under this section, halogenated solvents include but are not limited to solvents containing tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, and other hazardous wastes referenced in 40 CFR 261.31, United States environmental protection agency hazardous waste numbers F001 and F002, as amended.
(4) To register with the department, a person or government unit shall file a statement indicating the following:
(a) the person's or government unit's name and business address;
(b) the estimated volume of halogenated solvent used annually for commercial or government purposes; and
(c) the method of waste disposal in accordance with requirements specified by department rules, including:
(i) treatment or disposal in an onsite facility;
(ii) delivery to an appropriate offsite storage, treatment, or disposal facility;
(iii) beneficial use or reuse; or
(iv) legitimate recycling or reclamation.
(5) Pursuant to the requirements of subsection (4), the department shall:
(a) notify affected persons and government units of the requirements;
(b) prepare and distribute forms for the statement;
(c) prepare and distribute information to assist persons and government units in selecting appropriate methods to use, dispose of, or reuse waste halogenated solvents; and
(d) register any person or government unit who files a completed statement.
(6) This section does not authorize the department to impose new or additional requirements for waste disposal on commercial or government users of halogenated solvents.
History: En. Sec. 1, Ch. 117, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-502. Possession of junk vehicles as prima facie evidence of motor vehicle wrecking facility

75-10-502. Possession of junk vehicles as prima facie evidence of motor vehicle wrecking facility.
Possession at a single location of four or more junk vehicles of a type required to be licensed is prima facie evidence that the possessor is operating a motor vehicle wrecking facility.
History: En. Sec. 3, Ch. 410, L. 1973; amd. Sec. 3, Ch. 252, L. 1977; R.C.M. 1947, 69-6803.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-503. Adoption of rules

75-10-503. Adoption of rules.
(1) The department shall adopt rules necessary for the administration of this part, except 75-10-520, including but not limited to rules pertaining to:
(a) the establishment, control, operation, and licensing of motor vehicle wrecking facilities and graveyards;
(b) the control of junk vehicles in locations other than motor vehicle wrecking facilities and graveyards;
(c) the inspection and evaluation of premises and records subject to or required by this part;
(d) the development of budget and fiscal forms and procedures for counties;
(e) the review, approval, and control procedures for county motor vehicle graveyards developed under this part; and
(f) the shielding of a junk vehicle and motor vehicle wrecking facility and graveyard from public view. The department may not adopt a rule that requires any motor vehicle wrecking facility that existed prior to July 1, 1973, and that has been continuously used as a motor vehicle wrecking facility to construct a fence or barrier that would be in excess of 12 feet in height.
(2) The department shall adopt rules authorizing the sale of junk vehicles by county motor vehicle graveyards to licensed motor vehicle wrecking facilities.
(3) The department shall adopt rules providing for the reimbursement of hired removal charges of certain abandoned vehicles in accordance with 61-12-401.
History: (1)En. Sec. 8, Ch. 410, L. 1973; amd. Sec. 6, Ch. 252, L. 1977; R.C.M. 1947, 69-6808(part); amd. Sec. 2, Ch. 28, L. 1983; (2)En. Sec. 1, Ch. 698, L. 1989; amd. Sec. 2, Ch. 572, L. 1991; amd. Sec. 197, Ch. 418, L. 1995; amd. Sec. 5, Ch. 513, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-504. Shielding -- new facility

75-10-504. Shielding -- new facility.
A motor vehicle wrecking facility or graveyard site established or proposed on or after July 1, 1973, may not be approved for use or licensed if the proposed facility cannot be shielded from public view on the date it is initially established or proposed to the department for licensure. The prohibition concerning approval of a new motor vehicle wrecking facility or graveyard site does not apply to a facility site that was licensed as such at any time within the 18 months immediately preceding the date an application is made for licensure of such site.
History: En. Sec. 8, Ch. 410, L. 1973; amd. Sec. 6, Ch. 252, L. 1977; R.C.M. 1947, 69-6808(part); amd. Sec. 3, Ch. 28, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-505. Shielding and removal of junk vehicles generally

75-10-505. Shielding and removal of junk vehicles generally.
Notwithstanding the provisions of this part, any person possessing one or more junk vehicles, regardless of ownership, shall shield the vehicles from public view or remove the vehicles to a licensed motor vehicle wrecking facility or to a licensed motor vehicle graveyard after the vehicles are released from the owner. Small accumulations of salvageable vehicles or component parts, none of which are offered for sale, retained by active farming or ranching operations for repair and maintenance of vehicles, or agricultural equipment used in their operations, are exempted from this requirement.
History: En. Sec. 6, Ch. 572, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-511. Motor vehicle wrecking facility and motor vehicle graveyard licenses

75-10-511. Motor vehicle wrecking facility and motor vehicle graveyard licenses.
(1) A person may not conduct, maintain, or operate a motor vehicle wrecking facility or motor vehicle graveyard without a license issued by the department.
(2) Application for the license must be made on forms furnished by the department.
(3) An annual fee of $100 must be paid to the department for the license. The fee may be quarterly prorated for new facilities.
(4) A motor vehicle graveyard is excluded from paying the annual license fee but must meet all other requirements of this part.
(5) A license must be displayed in a prominent place in the licensed facility or graveyard.
(6) The license expires on December 31 of the year issued.
(7) If a motor vehicle wrecking facility ceases to do business, the license must be surrendered to the department. The license is not transferable.
History: En. Sec. 2, Ch. 410, L. 1973; amd. Sec. 2, Ch. 252, L. 1977; R.C.M. 1947, 69-6802(1) thru (6); amd. Sec. 2, Ch. 317, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-512. Records required of facilities

75-10-512. Records required of facilities.
(1) Each motor vehicle wrecking facility shall maintain books or files in which are kept a record and description of every junk vehicle obtained by it, together with the name and address of the person from whom the vehicle was purchased.
(2) This record must also contain:
(a) the certificate of title, sheriff's certificate of sale, notarized bill of sale from the former owner or person selling the vehicle, release of ownership or interest in the motor vehicle, or sheriff's release;
(b) the name of the state where the vehicle was last registered;
(c) the make of the vehicle;
(d) the vehicle identification number, as defined in 61-3-210, or the motor number, identification number, or serial number;
(e) the date purchased;
(f) the disposition of the vehicle.
(3) An authorized representative of the department of justice who presents credentials may also inspect, have access to, and copy records required under this section.
History: En. Sec. 4, Ch. 410, L. 1973; R.C.M. 1947, 69-6804(1), (2); amd. Sec. 1, Ch. 427, L. 1985; amd. Sec. 5, Ch. 725, L. 1991; amd. Sec. 76, Ch. 10, L. 1993; amd. Sec. 79, Ch. 477, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-513. Disposal of junk vehicles -- records

75-10-513. Disposal of junk vehicles -- records.
(1) If a person owning or operating a motor vehicle wrecking facility submits a junk vehicle to the disposal program, the vehicle is then the property of the state.
(2) A person owning or operating a motor vehicle graveyard shall submit to the department the records, documents, and other information concerning junk vehicles received by that person that are required by rules of the department.
History: En. Sec. 4, Ch. 410, L. 1973; R.C.M. 1947, 69-6804(3); amd. Sec. 2, Ch. 427, L. 1985; amd. Sec. 13, Ch. 503, L. 1985; amd. Sec. 69, Ch. 18, L. 1995; amd. Sec. 1, Ch. 281, L. 2003; amd. Sec. 80, Ch. 477, L. 2003; amd. Sec. 3, Ch. 53, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-514. Denial, suspension, or revocation of license -- grounds

75-10-514. Denial, suspension, or revocation of license -- grounds.
(1) The department may deny or suspend a motor vehicle wrecking facility's license on any of the following grounds:
(a) The applicant or licensee sold or otherwise disposed of a motor vehicle, trailer, or any part of a motor vehicle or trailer when it knew the vehicle or part was stolen or was appropriated without the consent of the owner.
(b) The applicant or licensee committed forgery on a certificate of title covering a vehicle that has been reassembled from parts obtained from the disassembling of other vehicles.
(c) The applicant or licensee committed any illegal act or omission that has caused loss as the result of a sale of a motor vehicle, trailer, or part of a motor vehicle or trailer.
(d) The applicant or licensee failed to comply with this part or with a rule of the department.
(e) The applicant or licensee obtained a license fraudulently.
(2) The department may revoke a motor vehicle wrecking facility's license on the following grounds:
(a) the license was suspended pursuant to subsection (1)(d) and the facility failed to cure the defect or defects underlying the suspension during the period of suspension; or
(b) the license was suspended pursuant to subsection (1)(a), (1)(b), (1)(c), or (1)(e) and, after suspension, the licensee performed an act that is grounds for suspension pursuant to subsections (1)(a) through (1)(e) at any time during the remaining active life of the facility.
History: En. Sec. 9, Ch. 410, L. 1973; R.C.M. 1947, 69-6809; amd. Sec. 2, Ch. 213, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-515. Appeals

75-10-515. Appeals.
A decision by the department to issue, deny, or revoke a motor vehicle wrecking facility or graveyard license may be appealed to the board within 30 days after receipt of official notice of the department's decision.
History: En. Sec. 2, Ch. 410, L. 1973; amd. Sec. 2, Ch. 252, L. 1977; R.C.M. 1947, 69-6802(7).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-516. Motor vehicle wrecking facilities and motor vehicle graveyards -- licensing process -- decision criteria

75-10-516. Motor vehicle wrecking facilities and motor vehicle graveyards -- licensing process -- decision criteria.
(1) When an application for a motor vehicle wrecking facility or motor vehicle graveyard is filed with the department, the department shall notify by mail:
(a) each owner of property adjoining the proposed facility;
(b) the governing body of the county in which the proposed facility is to be located; and
(c) a newspaper of general circulation in the area where the proposed facility is to be located.
(2) Within 30 days of receipt of the notification in subsection (1)(b), the governing body of the county may:
(a) conduct a public hearing to determine whether the proposed facility will significantly affect the quality of life of adjoining landowners and the surrounding community; and
(b) adopt a resolution in support of or opposition to the location of the proposed facility and transmit a copy of the resolution to the department.
(3) The department may not grant a license to a facility that a governing body has opposed under subsection (2)(b).
(4) In making its decision to grant or deny a license application, the department shall consider the effect of the proposed facility on adjoining landowners and land uses.
History: En. Sec. 1, Ch. 607, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-520. Disposal of damaged vehicle when insurance company settles at total loss

75-10-520. Disposal of damaged vehicle when insurance company settles at total loss.
An insurance company settling an insurance claim on a damaged motor vehicle as a total loss less salvage may dispose of the motor vehicle at a motor vehicle wrecking facility only if it is licensed under the provisions of 75-10-511.
History: En Sec. 1, Ch. 244, L. 1979.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-522. Use of motor vehicle graveyards by individuals

75-10-522. Use of motor vehicle graveyards by individuals.
An individual may dispose of a junk vehicle by delivering the vehicle to a motor vehicle graveyard and by delivering to the department the certificate or evidence of title to the vehicle or a written release of the vehicle.
History: En. Sec. 6, Ch. 410, L. 1973; amd. Sec. 1, Ch. 520, L. 1975; amd. Sec. 4, Ch. 252, L. 1977; R.C.M. 1947, 69-6806(4).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-531. Crushing and recycling of junk vehicles

75-10-531. Crushing and recycling of junk vehicles.
(1) The department shall contract for final disposition of junk vehicles accumulated in motor vehicle graveyards and shall provide for crushing and recycling the material from the vehicles.
(2) The department may also contract to dispose of, by crushing and recycling, junk vehicles accumulated in the yard of a motor vehicle wrecking facility. The department may so contract only upon the request of the facility and only if there is an accumulation of at least 200 vehicles at the facility.
History: En. Sec. 6, Ch. 410, L. 1973; amd. Sec. 1, Ch. 520, L. 1975; amd. Sec. 4, Ch. 252, L. 1977; R.C.M. 1947, 69-6806(1), (2).
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-532. Disposition of money collected

75-10-532. Disposition of money collected.
All money received from the sale of junk vehicles or from recycling of the material and all motor vehicle wrecking facility license fees must be remitted to the state, as provided in 15-1-504. Subject to legislative fund transfers, the money must be used for the control, collection, recycling, and disposal of junk vehicles and component parts and for the removal of abandoned vehicles.
History: Ap. p. Sec. 6, Ch. 410, L. 1973; amd. Sec. 1, Ch. 520, L. 1975; amd. Sec. 4, Ch. 252, L. 1977; Sec. 69-6806, R.C.M. 1947; Ap. p. Sec. 7, Ch. 410, L. 1973; amd. Sec. 1, Ch. 52, L. 1975; amd. Sec. 2, Ch. 520, L. 1975; amd. Sec. 18, Ch. 140, L. 1977; amd. Sec. 5, Ch. 252, L. 1977; Sec. 69-6807, R.C.M. 1947; R.C.M. 1947, 69-6806(3), 69-6807(1); amd. Sec. 5, Ch. 241, L. 1983; amd. Sec. 4, Ch. 633, L. 1985; amd. Sec. 2, Ch. 718, L. 1985; amd. Sec. 198, Ch. 418, L. 1995; amd. Sec. 6, Ch. 513, L. 1999; amd. Sec. 38, Ch. 257, L. 2001; amd. Sec. 3, Ch. 317, L. 2001; amd. Sec. 2, Ch. 281, L. 2003; amd. Sec. 235, Ch. 542, L. 2005; amd. Sec. 8, Ch. 312, L. 2011.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-533. Department to report fees

75-10-533. Department to report fees.
The department shall report to the office of budget and program planning, as a part of the information required by 17-7-111, the amount collected under this part and the cost of administration of this part, except 75-10-520, to date so that any necessary adjustment of the amount of the fee may be made to ensure that no more than the actual cost of operation of the program is collected.
History: En. Sec. 7, Ch. 410, L. 1973; amd. Sec. 1, Ch. 52, L. 1975; amd. Sec. 2, Ch. 520, L. 1975; amd. Sec. 18, Ch. 140, L. 1977; amd. Sec. 5, Ch. 252, L. 1977; R.C.M. 1945, 69-6807(3); amd. Sec. 50, Ch. 112, L. 1991; amd. Sec. 44, Ch. 349, L. 1993; amd. Sec. 188, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-534. Department to pay approved county budget

75-10-534. Department to pay approved county budget.
The department shall pay to a county the amount of the approved junk vehicle collection and graveyard budget of the county. The yearly payment may not exceed $1.40 for each motor vehicle under 8,001 pounds gross vehicle weight that is licensed in that county. However, for those counties that have fewer than 5,000 motor vehicles under 8,001 pounds gross vehicle weight, the department may pay up to $7,500 if the county can justify this payment. Counties realizing revenue from the sale of junk vehicles shall return to the state junk vehicle program revenue account money equal to the salvage value of each vehicle sold. The salvage value of a vehicle must be the average contract value of a crushed ton of junk vehicles as determined by the statewide salvage bids received by the department during the current fiscal year. Any additional revenue realized from the sale of junk vehicles may be retained by the county for use in the county's junk vehicle program in addition to the approved junk vehicle collection and graveyard budget of the county.
History: En. Sec. 7, Ch. 410, L. 1973; amd. Sec. 1, Ch. 52, L. 1975; amd. Sec. 2, Ch. 520, L. 1975; amd. Sec. 18, Ch. 140, L. 1977; amd. Sec. 5, Ch. 252, L. 1977; R.C.M. 1945, 69-6807(4); amd. Sec. 4, Ch. 572, L. 1991; amd. Sec. 1, Ch. 200, L. 2003; amd. Sec. 1, Ch. 408, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-540. Administrative enforcement

75-10-540. Administrative enforcement.
(1) When the department determines that a violation of this part, a violation of a rule adopted or an order issued under this part, or a violation of a license provision has occurred, it may serve written notice of the violation on the alleged violator or the violator's agent. The notice must specify the law, rule, or license provision alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time, an order assessing an administrative penalty pursuant to 75-10-542, or both. The order becomes final 30 days after the notice is served unless the person named requests, in writing, a hearing before the board. On receipt of the request for a hearing, the board shall schedule a hearing. Service by mail is complete on the date of mailing.
(2) If, after a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or change the department's order. An order 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) The department shall make efforts to obtain voluntary compliance through warning, conference, or any other appropriate means before issuing an order pursuant to subsection (1).
(4) 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. 1, Ch. 213, L. 1997; amd. Sec. 3, Ch. 443, L. 2005.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-541. Injunction -- action to collect civil penalty -- authority of department of justice

75-10-541. Injunction -- action to collect civil penalty -- authority of department of justice.
(1) The department may sue to enjoin the operation or maintenance of a motor vehicle wrecking facility or graveyard either permanently or until compliance with this part, the rules of the department, or an order issued pursuant to this part has been demonstrated.
(2) The department may sue in district court to collect a civil penalty as provided in 75-10-542.
(3) Upon request of the department, the attorney general or the county attorney of the county in which a motor vehicle wrecking facility or graveyard is located may petition the district court to enjoin further operation or maintenance of a motor vehicle wrecking facility or graveyard or to impose, assess, and recover a civil penalty, as appropriate.
(4) The department of justice, through the attorney general or the county attorney of the county in which a facility is located, may sue in district court to collect a civil penalty as provided in 75-10-542 for violations of 75-10-512 discovered during department of justice inspections.
History: En. Sec. 10, Ch. 410, L. 1973; amd. Sec. 7, Ch. 252, L. 1977; R.C.M. 1947, 69-6810; amd. Sec. 5, Ch. 572, L. 1991; amd. Sec. 6, Ch. 725, L. 1991; amd. Sec. 4, Ch. 53, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 5. Motor Vehicle Recycling and Disposal › 75-10-542. Penalties

75-10-542. Penalties.
(1) A person who purposely or knowingly violates this part, except 75-10-520, is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $250, be imprisoned in the county jail for a term not to exceed 30 days, or both.
(2) A person who violates a provision of this part, except 75-10-520, a rule of the department, or an order issued as provided in this part is subject to an administrative penalty of not more than $50 or a civil penalty of not more than $250. Each day upon which a violation of this part, a rule, or an order occurs is a separate violation.
(3) Penalties assessed under subsection (2) must be determined in accordance with the penalty factors in 75-1-1001. The penalties provided for in this section are recoverable in an enforcement or collection action brought by the department. An action to recover penalties must be brought in the district court of the county in which the violation occurred.
History: En. 69-6812 by Sec. 2, Ch. 112, L. 1975; amd. Sec. 8, Ch. 252, L. 1977; R.C.M. 1947, 69-6812; amd. Sec. 10, Ch. 443, L. 2005; amd. Sec. 36, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-601. Purpose

75-10-601. Purpose.
The legislature finds that the existence of hazardous substances and contaminants in the environment and hazardous waste disposal sites poses a significant health hazard through potential and actual contamination of the environment. This part is therefore enacted to protect the public health, safety, and welfare through cooperation with the federal government under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide for the disposal and control of such hazardous substances and contaminants in a safe and environmentally sound manner.
History: En. Sec. 1, Ch. 241, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-603. Cooperative agreement -- authority of department

75-10-603. Cooperative agreement -- authority of department.
(1) In order to assist in implementation of CERCLA, the department may, subject to the provisions of 75-10-107:
(a) participate in the determination of appropriate remedial action to deal with the release or threatened release within Montana of:
(i) any contaminant presenting an imminent and substantial danger to public health or welfare; or
(ii) any hazardous substance;
(b) in the event of the release or threatened release of any of the substances described in subsection (1)(a), negotiate the terms of a cooperative agreement with the federal government containing mutual commitments of each party to remedial action, including the elements required by subsection (2).
(2) A cooperative agreement may contain the following assurances:
(a) the state of Montana will ensure the future maintenance of the removal and remedial actions agreed upon for the expected life of the actions;
(b) a hazardous waste disposal facility is available to the state of Montana that meets the specifications of the president and complies with the requirements of subtitle C of the federal Solid Waste Disposal Act for necessary offsite storage, destruction, treatment, or secure disposition of the hazardous substances; and
(c) the state of Montana will pay or ensure payment of a share of the costs of the remedial action, including all future maintenance.
History: En. Sec. 3, Ch. 241, L. 1983; amd. Sec. 77, Ch. 10, L. 1993; amd. Sec. 16, Ch. 471, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-604. Cooperative agreement -- when effective

75-10-604. Cooperative agreement -- when effective.
(1) If a cooperative agreement requires expenditure of state and federal funds which, together with the monetary obligation contained in any prior cooperative agreement made during the same biennium, exceeds the amount appropriated for that biennium for implementation of this part, the agreement is not effective until it is approved by the legislature and an appropriation is made providing the level of funding necessitated by the agreement.
(2) A cooperative agreement that does not require expenditure of funds exceeding the appropriation for the biennium for implementation of this part is effective when signed by the governor and the president or their respective representatives.
History: En. Sec. 4, Ch. 241, L. 1983.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-622. CERCLA match debt service fund

75-10-622. CERCLA match debt service fund.
(1) There is a CERCLA match debt service fund within the debt service fund type established in 17-2-102.
(2) The state pledges, allocates, and directs to be credited to the CERCLA match debt service fund money from the resource indemnity and ground water assessment tax, as provided in 15-38-106, and from the CERCLA cost recovery account, as provided in 75-10-631.
History: En. Sec. 3, Ch. 408, L. 1987; amd. Sec. 3, Ch. 496, L. 2003; amd. Sec. 11, Ch. 426, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-625. Authorization for sale of CERCLA bonds

75-10-625. Authorization for sale of CERCLA bonds.
The board of examiners is authorized to issue and sell CERCLA general obligation bonds in an amount not exceeding $10 million upon the request of the department of environmental quality, as provided for in 75-10-623. Proceeds of the bonds or notes must be deposited in the hazardous waste/CERCLA special revenue account provided for in 75-10-621 to fund state participation in remedial action under section 104 of CERCLA, as amended, state costs for maintenance of sites at which remedial action under CERCLA has been completed, the state share required to obtain matching federal funds for underground storage tank corrective action, and costs of issuance of the bonds or notes.
History: En. Sec. 1, Ch. 435, L. 1987; amd. Sec. 201, Ch. 418, L. 1995; amd. Sec. 13, Ch. 10, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-626. Agreement with department of environmental quality

75-10-626. Agreement with department of environmental quality.
For the proceeds of bonds or notes authorized by this part, the board of examiners and the department of environmental quality may enter into an agreement under the terms of which the department shall pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes and to accumulate and maintain reserves as may be required under the bonds. The agreement must further provide that income from the investment of bond proceeds and the reserves not required for the purposes presented in 75-10-625 must be credited against the department's payment obligation. The agreement must also allow for the accumulation of reserves during the first year that the bonds are outstanding, if required. Payments by the department must be made from available funds.
History: En. Sec. 2, Ch. 435, L. 1987; amd. Sec. 202, Ch. 418, L. 1995; amd. Sec. 14, Ch. 10, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-627. Benefit of state

75-10-627. Benefit of state.
The agreement made pursuant to 75-10-626 is solely for the benefit of the state of Montana and is not enforceable by bondholders or other third-party beneficiaries.
History: En. Sec. 3, Ch. 435, L. 1987; amd. Sec. 75, Ch. 83, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-628. Repealed

75-10-628. Repealed.
Sec. 500, Ch. 418, L. 1995.
History: En. Sec. 4, Ch. 435, L. 1987.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 6. State Participation in CERCLA › 75-10-631. CERCLA cost recovery account

75-10-631. CERCLA cost recovery account.
(1) There is a CERCLA cost recovery special revenue account in the state special revenue fund established in 17-2-102.
(2) There must be deposited in the CERCLA cost recovery account amounts obtained by the department through cost recovery under CERCLA for costs paid, in whole or in part, with the proceeds of CERCLA bonds authorized in 75-10-623, together with interest on the proceeds.
(3) (a) Money in the CERCLA cost recovery account must be transferred to the CERCLA match debt service fund in each fiscal year in an amount then available, but not to exceed the amount necessary to pay the principal of, premium, if any, and interest on the bonds and notes issued pursuant to 75-10-623 to become due in the next fiscal year, or as appropriate, to pay the redemption price of the bonds or notes.
(b) Money in the CERCLA cost recovery account, including interest on the money in the account, that is not transferred to the CERCLA match debt service fund must be retained in the CERCLA cost recovery account as long as any principal of, premium, if any, or interest on the CERCLA bonds or notes authorized in 75-10-623, the proceeds of which were applied, in whole or in part, to costs associated with the cost recovery, remains unpaid or the payment of the costs associated with cost recovery has not been provided for in a manner that would cause the defeasance of bonds.
History: En. Sec. 5, Ch. 496, L. 2003.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-702. Rulemaking authority

75-10-702. Rulemaking authority.
(1) The department is authorized to adopt rules for the implementation of this part, including but not limited to:
(a) rules for listing and delisting facilities on a priority list, required by 75-10-704, based on the following criteria:
(i) a facility eligible for listing must have a confirmed release or substantial threat of a release of a hazardous or deleterious substance that may pose an imminent and substantial threat to public health, safety, or welfare or the environment and the department shall provide a written description of the nature and severity of the threat;
(ii) if remedial actions to address the hazardous or deleterious substances are required at the facility by another state program, the department shall explain, in writing, its rationale for listing the facility;
(iii) listing and delisting must be done through a formal process that provides for public participation, including participation of the affected or potentially liable persons in the decisionmaking process, by giving public notice and providing opportunity for at least one public meeting in the community most likely to be threatened by the facility that is proposed for listing or delisting; and
(iv) a facility must be delisted when another state program assumes jurisdiction or when further remedial actions are not necessary;
(b) rules for establishing and implementing a system for prioritizing facilities, including categories for maximum and high-priority facilities, as required by 75-10-704, for remedial action based on potential effects on human health and the environment.
(2) The rulemaking authority granted in subsection (1) may not invalidate the existing priorities list. Rules promulgated pursuant to subsection (1) must provide for the reevaluation of facilities on the existing priorities list. A decision by the department to list, delist, or establish a priority for a facility must be made in writing.
(3) The department shall adopt, amend, or repeal rules that allow for the joint selection of remedial action contractors acceptable to the department and any person liable for remedial action under 75-10-715.
History: En. Sec. 7, Ch. 711, L. 1985; amd. Sec. 5, Ch. 415, L. 1997; (3)En. Sec. 5, Ch. 539, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-703. Actions -- general provisions

75-10-703. Actions -- general provisions.
(1) No action taken by any person to contain or remove a release, whether the action is taken voluntarily or at the request of the department or its designee, may be construed as an admission of liability for the discharge.
(2) Actions taken by the department pursuant to 75-10-711 and 75-10-712 are not subject to the public bidding requirements of Title 18.
History: En. Sec. 5, Ch. 711, L. 1985.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-705. Short title

75-10-705. Short title.
This part may be cited as the "Comprehensive Environmental Cleanup and Responsibility Act".
History: En. Sec. 1, Ch. 709, L. 1989.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-706. Purpose -- intent

75-10-706. Purpose -- intent.
(1) The purposes of this part are to:
(a) protect the public health and welfare of all Montana citizens against the dangers arising from releases of hazardous or deleterious substances;
(b) encourage private parties to clean up sites within the state at which releases of hazardous or deleterious substances have occurred, resulting in adverse impacts on the health and welfare of the citizens of the state and on the state's natural, environmental, and biological systems; and
(c) provide for funding to study, plan, and undertake the rehabilitation, removal, and cleanup of sites within the state at which no voluntary action has been taken.
(2) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Comprehensive Environmental Cleanup and Responsibility 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.
History: En. Sec. 2, Ch. 709, L. 1989; amd. Sec. 16, Ch. 361, L. 2003; amd. Sec. 1, Ch. 342, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-712. Emergency action

75-10-712. Emergency action.
If the department determines that immediate response to an imminent threat to public health, safety, or welfare or the environment is necessary to avoid substantial injury or damage to persons, property, or resources, remedial action may be taken pursuant to 75-10-711(1) without the prior written notice required by 75-10-711(3). The department shall give subsequent written notice to a person who is liable or potentially liable under 75-10-715(1) within 30 days after the action is taken, describing the circumstances that required the action to be taken without prior notice.
History: En. Sec. 4, Ch. 711, L. 1985; amd. Sec. 7, Ch. 709, L. 1989; amd. Sec. 2, Ch. 383, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-713. Public notice of remedial action, administrative order, or consent decree -- comments -- meeting -- response

75-10-713. Public notice of remedial action, administrative order, or consent decree -- comments -- meeting -- response.
(1) (a) Except as provided in 75-10-712, before final approval by the director of the department of any administrative order on consent, issued pursuant to 75-10-711, or before judicial approval of a consent decree issued pursuant to this part, the department shall:
(i) publish a notice and brief description of the proposed order or decree in a daily newspaper of general circulation in the area affected and make copies of the proposal available to the public;
(ii) provide at least 30 days (or whatever additional time the department may in its discretion grant upon written request) for submission of written comments regarding the proposed order or decree and upon written request by 10 or more persons or by a group having 10 or more members (but not including a liable person), conduct a public meeting at or near the facility for the purpose of receiving verbal comment regarding the proposed order or decree; and
(iii) consider and respond to relevant written or verbal comments properly submitted during the comment period or at the public meeting.
(b) The administrative record supporting the department's approved order or decree must contain the department's response summary prepared pursuant to subsection (1)(a)(iii).
(2) Except as provided in 75-10-712, upon making a final decision regarding the proposed remedial action, order, or decree, the department shall publish notice, as provided under subsection (1), and make copies of the final decision on the approved order or decree available to the public.
(3) Except as provided in 75-10-712, the department shall:
(a) notify the county commissioners and governing bodies of cities, towns, and consolidated local governments impacted by a proposed remedial action; and
(b) at the request of the county commissioners or the governing body of a city or town or of a consolidated local government impacted by a remedial action, conduct a public meeting.
History: En. Sec. 15, Ch. 709, L. 1989; amd. Sec. 3, Ch. 752, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-714. Administrative penalties

75-10-714. Administrative penalties.
(1) In lieu of proceeding under 75-10-711(5), the department may assess penalties of not more than $1,000 a day for each violation against a person liable under 75-10-715(1) for a release or threat of release who has failed or refused to comply with an order issued by the department pursuant to 75-10-711(4) or against a person who has failed or refused to comply with an order issued by the department pursuant to 75-10-707(5).
(2) In determining the amount of any penalty assessed pursuant to this section, the department shall take into account the nature, circumstances, extent, and gravity of the noncompliance and, with respect to the person liable under 75-10-715(1):
(a) the person's ability to pay;
(b) any prior history of violations;
(c) the degree of culpability;
(d) the economic benefit or savings, if any, resulting from the noncompliance; and
(e) any other matters that justice may require.
(3) An administrative penalty may not be collected pursuant to this section unless the person charged with the noncompliance is given notice and opportunity for a hearing with respect to the noncompliance. The hearing is before the board of environmental review. A hearing may be requested by submitting a written request stating the reason for the request within 30 days after receipt of the notice of penalty assessment.
(4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
(5) Administrative penalties collected under this section must be deposited in the environmental quality protection fund established in 75-10-704.
History: En. Sec. 9, Ch. 709, L. 1989; amd. Sec. 3, Ch. 79, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-716. Definitions

75-10-716. Definitions.
As used in 75-10-717 and this section, the following definitions apply:
(1) "Emergency responder" means a public safety agency or a private entity acting under a request from or authority granted by a government agency, including law enforcement, firefighting, ambulance or medical, and civil defense, that provides services in an emergency situation.
(2) "Hazardous material incident" means a release involving a hazardous or deleterious substance that endangers property, public health, or public safety.
History: En. Sec. 1, Ch. 464, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-717. Recovery of costs

75-10-717. Recovery of costs.
An emergency responder has the right to recover from the responsible party the emergency responder's full costs directly related to a hazardous material incident.
History: En. Sec. 2, Ch. 464, L. 1991.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 10. Waste and Litter Control › Part 7. Remedial Action Upon Release of Hazardous Substance › 75-10-718. Liability of remedial action contractor

75-10-718. Liability of remedial action contractor.
(1) A person who is a remedial action contractor with respect to a release or threatened release of a hazardous or deleterious substance is not liable under this part to any person for injuries, costs, damages, expenses, or other liability that results from the release or threatened release, including but not limited to claims for indemnification or contribution and claims by third parties for death, personal injury, illness, loss or damage to property, or economic loss.
(2) Immunity from liability, pursuant to subsection (1), does not apply in the case of a release that is caused by conduct of the remedial action contractor that is negligent or grossly negligent or that constitutes intentional misconduct.
(3) This section does not affect the liability of a person under a warranty under federal, state, or common law or the liability to an employee of an employer who is a remedial action contractor under any provision of law, including any provision of a law relating to workers' compensation.
(4) A state agency or state employee or an employee of a political subdivision who provides services relating to remedial action while acting within the scope of the entity's or individual's authority as a governmental agency or employee has the same exemption from liability as is provided to the remedial action contractor under this section.
(5) The defense provided by 75-10-715(5)(c) is not available to a person liable under 75-10-715(1) with respect to remedial action costs or damages caused by an act or omission of a remedial action contractor.
(6) Except as provided in subsections (4) and (5), this section does not affect the liability under this part of a person other than a remedial action contractor.
(7) This section does not affect the plaintiff's burden of establishing liability under this part.
(8) This section does not minimize the liability, lessen the standard of liability, or otherwise shield from liability a potentially liable person under 75-10-715 or section 107 of CERCLA for costs or damages incurred as a result of a release or threatened release of a hazardous or deleterious substance.
History: En. Sec. 8, Ch. 709, L. 1989; amd. Sec. 54, Ch. 16, L. 1991; amd. Sec. 4, Ch. 490, L. 1995.