Title 75, Title 75

(1) A person that is required to obtain a license from a board or department of the state to operate a health care facility, as defined in 50-5-101, or to engage in a profession or occupation: (a) may not generate infectious waste, store infectious waste at a place where infectio…

A person who violates this part or a rule adopted pursuant to this part is guilty of a misdemeanor. Absolute liability, as provided for in 45-2-104, is imposed for a violation of this part or a rule adopted under this part.

The purpose of this part is to encourage the good management of solid waste and the conservation of natural resources through the promotion or development of systems to collect, separate, reclaim, recycle, and dispose of solid waste for energy production purposes when economicall…

(1) To implement this part, the following are declared to be public policies of this state: (a) Maximum recycling from solid waste is necessary to protect the public health, welfare, and quality of the natural environment. (b) Solid waste management systems must be developed, fin…

Unless the context clearly requires otherwise, in this part, the following definitions apply: (1) "Board" means the board of environmental review provided for in 2-15-3502. (2) "Container site" means a solid waste management facility that: (a) is generally open to the public for …

The department shall: (1) prepare, adopt, and implement a state solid waste management and resource recovery plan as required by 75-10-111 and 75-10-807; (2) adopt rules necessary for the implementation of this part, including but not limited to rules: (a) governing the submissio…

The department may: (1) accept loans and grants from the federal government and other sources to carry out the provisions of this part; and (2) collect the solid waste management fees provided for in 75-10-115.

(1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstan…

(1) Each retailer and wholesaler offering motor oil for sale shall visibly display at an appropriate location within the retail store or wholesale outlet a sign indicating the location of the nearest waste oil recycling collection center if the center is within 25 miles of the re…

The department shall adopt the solid waste management and resource recovery plan required in 75-10-104 and 75-10-807 according to the rulemaking procedures of the Montana Administrative Procedure Act under Title 2, chapter 4, part 3. The department shall prepare the plan in conju…

A local government may: (1) plan, develop, and implement a solid waste management system consistent with the state's solid waste management and resource recovery plan and propose modifications to the state's solid waste management and resource recovery plan; (2) upon adoption of …

In the event the revenues of a solid waste management system are insufficient to pay the costs, a local government may levy a pro rata fee against the users of the solid waste management district. The pro rata fee shall be based on a per ton, per pound, or volume assessment.

(1) The department may adopt rules, pursuant to 75-10-104, that set fees for the management and regulation of solid waste at facilities subject to regulation pursuant to part 2 of this chapter. Upon adoption, the department may collect the fees. These fees may include: (a) a lice…

A person who owns a solid waste disposal facility that is subject to the fees under 75-10-115 and who fails to pay the fee in the manner provided by department rule is subject to a fine of not more than $2,000 or imprisonment not to exceed 6 months, or both, and shall reimburse t…

(1) There is a solid waste management account in the state special revenue fund provided for in 17-2-102. (2) There must be deposited in the account: (a) all revenue from the solid waste management fees provided for in 75-10-115; and (b) money received by the department in the fo…

As used 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) "Disposal" means the discharge, injection, deposit, …

Except as provided in subsection (4), the department shall adopt rules governing the licensure of a person engaged in the business of cleaning cesspools, septic tanks, and privies or disposing of septage. The rules must provide: (1) procedures for issuance, denial, renewal, and r…

There is an account in the state special revenue fund. Money in the account must be used to fund administration and enforcement of this part. The department shall use $50 of each license fee collected under 75-10-1212 to provide training and education for those licensed under thi…

(1) Except as provided in subsection (2), a person may not engage in the business of cleaning cesspools, septic tanks, or privies or dispose of septage unless licensed by the department. (2) An owner or lessee of property from which septage is removed may dispose of that septage …

An application for a license must be made to the department on forms provided by the department. The application must contain: (1) the full name and business address of the applicant; (2) a list of the counties in which business is to be conducted and a list of disposal sites tha…

(1) A license expires on December 31 of each calendar year. A license is renewable in accordance with procedures established in rules adopted pursuant to 75-10-1202 and upon receipt of the application provided for in subsection (2) of this section. A license is not transferable. …

(1) The department may sue to enjoin the operation or maintenance of a septage collection or disposal operation until compliance with this part, the rules of the department, or an order issued pursuant to this part has been demonstrated. (2) Upon request of the department, the at…

The department may deny or revoke a license after giving the applicant 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 finding that a business or disposal site cannot be operated or is not being o…

(1) If the department believes that a violation of this part, a rule adopted under this part, or an order issued under this part has occurred, it may serve written notice of the violation, by certified mail, on the alleged violator or the violator's agent. The notice must specify…

(1) A person who disposes of septage in violation of 75-10-1210 or of the standards adopted pursuant to 75-10-1202 is guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $500. (2) (a) A person who violates this part or a rule or order adopted pursua…

The legislature finds that some properties are being contaminated with hazardous chemical residues created by the manufacture of methamphetamine and fentanyl or the consumption of methamphetamine or fentanyl. Innocent members of the public may be harmed when they are unknowingly …

Unless the context requires otherwise, in this part, the following definitions apply: (1) "Certified contractor" means any person or company certified by the department to perform the assessment or remediation of inhabitable property or volunteer property contaminated by methamph…

(1) The decontamination standard for methamphetamine inside inhabitable property is less than or equal to 1.5 micrograms of methamphetamine for each 100 square centimeters of surface material unless a different standard is adopted by the department by rule to protect human health…

(1) The department shall establish by rule standards for the training and certification of contractors and their employees who are to perform the assessment or remediation of inhabitable property contaminated by methamphetamine or fentanyl residues. (2) The department may train a…

(1) An owner of inhabitable property that is known by the owner to have been used as a clandestine methamphetamine or fentanyl drug lab or that has been contaminated from consumption of methamphetamine or fentanyl shall notify in writing any subsequent occupant or purchaser of th…

(1) Whenever a state or local law enforcement agency becomes aware that an inhabitable property has been contaminated by its use as a clandestine methamphetamine or fentanyl drug lab, the agency shall report the contamination to the department and to the local health officer. (2)…

(1) A person may not represent to the public that the person is certified to assess or remediate inhabitable property or volunteer property contaminated by methamphetamine or fentanyl residues unless the person is certified by the department under this part. (2) The department ma…

(1) The department shall determine if and verify when a volunteer property has met all decontamination requirements pursuant to 75-10-1303. (2) The department may not list any volunteer properties on a publicly accessible website or other locations.

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) "Mine waste" means soil, rock, and other earthen materials excavated from a mine and slimes,…

Except as provided in 75-10-1411, a person who undertakes a remedial action for the remediation of mine or smelter waste on property owned by someone other than the owner of the waste shall complete the remedial action in accordance with a schedule negotiated between the person c…

(1) Except as provided in 75-10-1411 and subsection (2) of this section, as part of a remedial action on property owned by another, mine and smelter waste may not be placed or remediated in place at a location within 200 feet of any mine excavation or opening. (2) (a) The require…

(1) Except as provided in 75-10-1411, mine and smelter waste repositories constructed by persons undertaking a remedial action on property owned by another must be capped with a minimum of 24 inches of cover material, including a minimum of 6 inches of topsoil, and revegetated as…

(1) A person undertaking a remediation action for mine or smelter waste on property owned by someone other than the waste owner shall prepare and submit to the property owner a detailed, written plan describing the waste to be remediated and remedial actions to take place on the …

(1) A district court may assess a civil penalty upon a person who violates 75-10-1401 through 75-10-1405 of not more than $1,000 per day. (2) An action under this section is not a bar to enforcement by injunction or other appropriate civil remedy. (3) The penalty provided for in …

This part does not apply to reclamation of an abandoned mine site pursuant to 82-4-371 or to the extent that the actions irreconcilably conflict with an order or plan approval issued by the department pursuant to Title 75, chapter 10, part 7, a corrective action order or permit i…

(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 …

(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-…

(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 cos…

This part may be cited as "The Montana Solid Waste Management 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 Solid Waste Management Act. It is the legislature's intent that the requirements of this part provide adequate remedies …