Title 75, Title 75

(1) The owner or manager of a proposed commercial facility for the storage, collection, or transfer of hazardous waste (whether or not the proposed facility is subject to permitting under 75-10-406) shall conduct a public hearing in the nearest population center to provide inform…

(1) Until October 1, 1993, the department may not issue a permit under 75-10-406 for a boiler or industrial furnace that burns hazardous waste or hazardous waste-derived fuel. (2) Notwithstanding the provisions of (1), the department shall proceed in a reasonable and timely manne…

(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 departme…

Unless the context requires otherwise, in this part, the following definitions apply: (1) "Board" means the board of environmental review provided for in 2-15-3502. (2) "Component part" means any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle, incl…

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.

(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…

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 lic…

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 th…

(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…

(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…

(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, a…

(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…

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.

(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 facil…

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.

(1) (a) Each county shall acquire, develop, and maintain property for free motor vehicle graveyards. The property may be acquired by purchase, lease, or otherwise. (b) As an alternative, the county may contract for the maintenance and operation of a motor vehicle graveyard or gra…

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.

(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 vehicl…

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, collecti…

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 …

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 c…

(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. Th…

(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 departme…

(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 provis…

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 p…

As used in this part, the following definitions apply: (1) "CERCLA" means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. (2) (a) "Contaminant" includes but is not limited to any element, substance, compound, or mixtur…

(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 …

(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 par…

(1) There is a hazardous waste/CERCLA special revenue account within the state special revenue fund established in 17-2-102. (2) There must be paid into the hazardous waste/CERCLA account: (a) proceeds from the resource indemnity and ground water assessment tax as provided by 15-…

(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 provid…

(1) When authorized by the legislature and within limits of the authorization and the further limitations established in this section, the board of examiners may issue and sell CERCLA bonds of the state in the amount and manner it considers necessary and proper to fund state part…

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 hazardo…

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 17-2-1…

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.

(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…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Department" means the department of environmental quality provided for in 2-15-3501. (2) "Director" means the director of the department. (3) "Environment" means any surface water, …

(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 h…

(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 75-10-71…

(1) Subject to legislative fund transfers, there is in the state special revenue fund an environmental quality protection fund to be administered as a revolving fund by the department. The department is authorized to expend amounts from the fund necessary to carry out the purpose…

This part may be cited as the "Comprehensive Environmental Cleanup and Responsibility Act".

(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 hazardou…

(1) The department may undertake any investigative or other information-gathering action that it considers necessary or appropriate for determining the need for remedial action, choosing or taking a remedial action, or otherwise enforcing the provisions of this part. (2) Any auth…

(1) The department may take remedial action whenever: (a) there has been a release or there is a substantial threat of a release into the environment that may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment; and (b) …

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 …

(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…

(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 departm…