Title 75, Title 75

(1) Owners and operators of municipal solid waste landfills and other disposal sites that at any time accepted household waste, that are in operation as of October 1, 1989, and that serve a geographic area with a population of 5,000 or more persons as determined by the most recen…

(1) Except as provided in subsection (2), the department shall adopt rules governing the inspection and regulation of the transportation and management of infectious waste as defined in 75-10-1003. (2) The department may not adopt rules to regulate: (a) the generation of infectio…

(1) A person may not dispose of solid waste except as permitted under this part. (2) It is unlawful to dump or leave any garbage, dead animal, or other debris or refuse: (a) in or upon any highway, road, street, or alley of this state; (b) in or upon any public property, highway,…

It is unlawful to: (1) place all or any part of a dead animal in any lake, river, creek, pond, reservoir, road, street, alley, lot, or field; (2) place all or any part of a dead animal within 1 mile of the residence of any person unless the dead animal or part of a dead animal is…

(1) (a) This part may not be construed to prohibit a person from disposing of the person's own solid waste that is generated in reasonable association with the person's household or agricultural operations upon land owned or leased by that person or covered by easement or permit …

The department shall implement a statewide household hazardous waste public education program. The program must include but is not limited to providing information about: (1) alternatives to disposal of household hazardous waste at municipal solid waste landfills and other dispos…

(1) A solid waste management system licensed pursuant to 75-10-221 for the sole or primary purpose of storage, treatment, processing, or disposal of waste tires is required to provide and maintain financial assurance in accordance with rules of the department. (2) Financial assur…

(1) Except as provided in 75-10-214, a person may not dispose of solid waste or operate a solid waste management system without a license from the department. (2) The department shall provide application forms for a license as provided in this part. (3) The application must conta…

(1) When the department receives an application for a license pursuant to the provisions of this part, the local health officer in the county where the solid waste management system will be located shall be notified in writing of the application within 15 days after the departmen…

(1) The local health officer may refuse to validate a license issued under this part only upon a finding that the requirements of this part and the rules implementing this part cannot be satisfied. If the local health officer refuses to validate the license, the local health offi…

The department may deny or revoke a license to operate a solid waste management system after giving the applicant and the local health officer written notice and an opportunity for a hearing before the board. The decision to deny or revoke a license may be made only after a findi…

(1) When the department believes that a violation of part 1 or this part, a violation of a rule adopted under part 1 or this part, a violation of an order issued under this part, or a violation of a permit provision has occurred, it may serve written notice of the violation on th…

(1) A person who violates a provision of this part, a rule adopted or an order issued under this part, or a license provision is subject to an administrative penalty not to exceed $250 or a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation…

The department may, through the attorney general or appropriate county attorney, initiate and maintain in district court enforcement actions as provided in this part, including actions to collect a criminal penalty or to enjoin the transportation of solid waste or the operation o…

(1) A person violating this part or regulations prescribed by the department under this part, except 75-10-212(2), is guilty of a misdemeanor and upon conviction shall be fined not less than $50 or more than $500. (2) Each day upon which a violation occurs is a separate violation…

(1) A person found guilty of a violation of 75-10-212 shall be fined in the sum not exceeding $500. (2) A person found absolutely liable under 75-10-212 is subject to a civil penalty not to exceed $5,000. (3) The provisions of 75-10-212 must be enforced by all highway patrol offi…

(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 i…

(1) The department shall establish guidelines to compare costs and benefits of continued disposal of coal combustion residues at electrical generation facilities versus economical ways to reuse coal combustion residues. (2) The guidelines must include requirements for promptly de…

(1) Waste tires that are mechanically compressed or baled and bound together with cable, straps, wires, or other nonpermanent mechanical devices may not be used for any aboveground purpose within 500 feet of any road, commercial business, or private residence without the consent …

This part shall be known and may be cited as the "Montana Hazardous Waste Act".

(1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Montana Hazardous Waste Act. It is the legislature's intent that the requirements of this part provide adequate remedies for the…

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) "Department" means the department of environmental quality provided for in 2-15-3501. (3) "Dispose" or "disposa…

(1) The department may: (a) administer and enforce the provisions of this part, rules implementing this part, and orders and permits issued pursuant to this part; (b) conduct and publish studies on hazardous wastes and hazardous waste management; (c) initiate, conduct, and suppor…

(1) The department may, subject to the provisions of 75-10-107, adopt, amend, or repeal rules governing hazardous waste and used oil, including but not limited to the following: (a) identification and classification of those hazardous wastes that are subject to regulation and tho…

(1) A person may not construct or operate a hazardous waste management facility without first obtaining a permit from the department for the facility, except that the department may, by rule, prescribe conditions under which specified hazardous wastes or specified quantities of h…

If it is determined that an application for a certificate under the Montana Major Facility Siting Act, Title 75, chapter 20, will result in the generation, transportation, storage, or disposal of hazardous wastes as defined in 75-10-403, the department shall conduct its review un…

(1) A person who is a generator or transporter of hazardous wastes or who owns or operates a hazardous waste management facility may apply to the board for a variance or partial variance from the application of or compliance with any requirement of this part or any rule adopted u…

(1) The department may, as a condition of a permit, require the owner or operator of a facility to install equipment, collect and analyze samples, and maintain records in order to monitor and demonstrate compliance with this part, rules adopted under this part, any order of the b…

(1) (a) An employee or agent of the department, at any reasonable time and upon presentation of credentials, may enter upon and inspect any property, premises, or place at which: (i) hazardous wastes are or have been generated, stored, treated, disposed of, or loaded for transpor…

(1) The department is authorized to conduct an inventory of sites and locations in the state where hazardous wastes have been stored or disposed of at any time. (2) If the department determines that the presence of a hazardous waste or the release of the waste or any waste consti…

(1) The department may: (a) if it considers such action to be necessary, establish, maintain, and operate state hazardous waste management facilities to provide for the treatment, storage, or disposal of hazardous wastes; (b) acquire interests in real property by gift, purchase, …

(1) When the department believes that a violation of this part, a rule adopted under this part, or a permit provision has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator's agent. The notice must specif…

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 any unauthorized activity which is endangering or causing damage to public health or the …

Upon receipt of evidence that the handling, storage, treatment, transportation, or disposal of any used oil or hazardous waste may present an imminent and substantial danger to the public health or the environment, the department may commence legal proceedings to immediately rest…

The department may issue a cleanup order to any person who has discharged, deposited, or spilled any used oil or hazardous waste into or onto any land or water in an unlawful or unapproved manner or who has discharged, deposited, or spilled any material or substance into or onto …

(1) A person who violates any provision of this part, a rule adopted under this part, an order of the department or the board, or a permit is subject to a civil penalty not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation. Penalties ass…

(1) A person is guilty of an offense under this section if the person knowingly: (a) transports any hazardous waste to an unpermitted facility; (b) treats, stores, or disposes of hazardous waste subject to regulation under this part or the rules adopted under this part without a …

(1) The department is designated as the official agency for the state for all purposes of the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 through 6987), as amended, and for the purpose of such other state or federal legislation as has or may be enacted …

All legal actions affecting hazardous waste management facilities in the state must be brought in the county in which the facility is located or is proposed to be located.

(1) The provisions of this part and rules promulgated pursuant to this part govern if they conflict with other provisions of Montana law or any action taken by the department under such provisions. (2) The remedies provided for in this part are cumulative with other remedies prov…

It is unlawful to dispose of used oil or hazardous waste, as defined in this part or by rule, without a permit or, if a permit is not required under this part or rules adopted under this part, by any other means not authorized by law.

(1) The department may assess a person who violates a provision of this part or a rule adopted under this part an administrative penalty, not to exceed $10,000 for each violation. Each day of violation constitutes a separate violation, but the maximum penalty may not exceed $100,…

Whenever, on the basis of any information, the department determines and verifies that there is or has been a release of hazardous waste or constituents into the environment from any facility that treats, stores, or disposes of hazardous waste, whether or not the facility is auth…

(1) Subject to the provisions of subsection (4), a permit that is required for a hazardous waste management facility under 75-10-406 may not be issued, reissued, renewed, or modified without the filing of a disclosure statement as required under this section. Before an applicatio…

(1) The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection (2) if within 5 years before the date of the application: (a)…

(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 i…